Ord 90-041
0072.15009
JDW/naa
02/n/90
ORDINANCE NO.
90-41
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING THE "SUBDIVISION
ORDINANCE" FOR THE CITY OF FEDERAL WAY;
PROVIDING FOR THE REGULATION OF SUBDIVISIONS,
SHORT SUBDIVISIONS, BOUNDARY LINE ADJUSTMENTS
AND BINDING SITE PLANS; DECLARING AN EMERGENCY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,
pursuant
to
RCW
Chapter
58.17
cities
are
authorized to adopt appropriate regulations complying with State
law for the division of property, and
- WHEREAS,
it
is
necessary
that
as
of
the
date
of
incorporation
that
regulations
be
in
existence
within
the
corporate
limits
of the City of Federal Way to regulate the
division of property, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section
1.
That
certain
compilation
identified
as
Exhibit A and attached hereto and hereby incorporated in full by
this reference is hereby adopted as the "Subdivision Ordinance"
for the city of Federal Way.
section 2.-
until such time as the city council is
able to fill the position of Hearing Examiner and constitute and
appoint the members to the Planning commission, the city Council
shall act in the place and stead of said Hearing Examiner and/or
Planning commission.
Section
3.
If
any
section,
sentence,
clause
or
JDWOO7490
-1-
coPt
phrase
of
this
ordinance
should
be
held
to
be
invalid
or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affe~t the v:alidity
or constitutionality of any other section,
sentence,
clause or
phrase of this ordinance.
Section
4.
The
city
Council
finds
and
hereby
declares
that
an
emergency
exists,
necessitating
that
this
ordinance
be
effective
immediately
as
of
the
time
of
incorporation in order to provide regulations for the division of
property.
Failure to have such regulations in existence as of
the date of incorporation will cause substantial detriment to the
public health, safety and general welfare.
Therefore, the city
council declares that an emergency exists,
necessi tating that
these regulations be in full force and effect as of 12:01 a.m.,
February 28, 1990.
PASSED by a majority of not less than five (5) members
of the city council of the city of Federal Way this 27th day of
February, 1990.
CITY OF FEDERAL WAY
rp¡P.J~ trd
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
,(/¡k/~)tl. ~
CITY CLERK, DELO A. MEAD
APPROVED AS TO FORM:
OFF~ THE CI~ ATTOroŒ"
BY "ì:)~ ~
f
JDWO07490
-2-
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: March 2, 1990
EFFECTIVE DATE: February 28,
ORDINANCE NO. 90-41
JDWO07490
February 21, 1990
February 27, 1990
1990
-3-
Page 1.
Page 6.
Page 7.
Page 20.
Page 23.
Page 23.
Page 23.
Page 30.
CITI OF FEDERAL WAY
SUBDIVISION ORDINANCE
ERRATA
Feb. 27, 1990
Line 1. Change "CHAPTER" to "TITI..E"
Section .10, paragraph T. Delete paragraph.
Section 16.60, Line 4. Delete word "Planning."
Section 16.280.10 (C), revise sentence to read:
"Buffer Type 3 when the density of the proposed subdivision exceeds the allowed
density of adjacent platted, single-family properties."
Section 16.360.10, revisè last sentence to read:
"The plan shall show proposed buffers, significant trees, open spaces, street trees and
other ornamental landscaping."
Section 16.360.20, second line, delete words reading "Section 90.15, Landscaping, of'.
Section 16.360.20, add sentence:
"Significant trees to be preserved shall be visibly marked by flagging."
Section 16.460.10, Line 13, change word "plant" to "plat."
1
TITLE 16 SUBDIVISION ORDINANCE
16.10
General Provisions
.10 Title
This ordinance shall be known and may be cited as the City of Federal Way
Subdivision Ordinance.
.20 Purpose
This chapter is adopted in furtherance of the Comprehensive Plan of the
City. It is hereby declared that the regulations contained in this ordinance
are necessary to:
A. Promote the health, safety and general welfare in accordance with
standards established by the State and the City
B. Promote effective use of land by preventing the overcrowding or
scattered development which would injure health, safety or the general
welfare due to the lack of water supplies, sanitary sewer, drainage,
transportation or other public services, or excessive expenditure of public
funds for such services;
C. Avoid congestion and promote safe and convenient travel by the public
on streets and highways through the proper planning and coordination
of new streets within subdivision with existing and planned streets in the
surrounding community.
D. Provide for adequate light and air;
E. Provide for water, sewage, drainage, parks and recreational areas, sites
for'schools and school grounds, and other public requirements;
F. Provide for proper ingress and egress;
G. Provide for housing and commercial needs of the community;
Co--I- 'n '\ D \ +- i\ A- \ I
16.20
2
H. Require uniform monumenting of land divisions and conveyance of
accurate legal descriptions;
1.
Protect environmentally sensitive areas;
J. Provide for flexibility in site design to accommodate view enhancement
and protection, protection of streams and wetlands, protection of steep
slopes and other environmental significant or sensitive areas.
Definitions
Except where specifically defined herein, all words used in this chapter shall carry
their customary meanings.
.10 BINDING SITE PLAN - A drawing of the division of land for sale or lease
which is intended for commercial or industrial use.
.20 DEDICATION - The deliberate appropriation of land by its owner for
general and public use or purpose, reserving no other rights than these that
are compatible with the full exercise and enjoyment of the public use or
purpose to which the property has been devoted.
.30 DEPARTMENT - An administrative department of the City of Federal Way
titled the Department of Community Development.
.40 DIREcrOR- As used herein, shall mean the Director of Community
development or the Director's designee.
.50 FINAL PLAT - The final drawing of the subdivision and dedication prepared
for filing for record with the County Auditor and containing all elements and
requirements set forth for final plats in this ordinance and as required by
state law.
.60 HEARING EXAMINER - For the purposes of this chapter, the Hearing
Examiner operating pursuant to the powers and duties set forth by the
Federal Way Zoning Code.
.70 LOT - A parcel of land having fixed boundaries described by reference to
a recorded plat; by reference to metes and bounds; or by reference to
section, township and range.
16.30
3
.80 PRELIMINARY PLAT - A neat approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, and
restrictive covenants to be applicable to the subdivision, and other elements
of a plat or subdivision which shall furnish a basis for the approval or
disapproval of the general layout of a subdivision.
.90 RIGHT-OF-WAY - Land dedicated or conveyed to the public or a unit of
government, the primary purpose of which is the movement vehicles and
pedestrians and providing for access to adjacent parcels, with the secondary
purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
.100 SHORT PLAT - A final drawing of the short subdivision and dedication
. prepared for filing for record with the County Auditor and containing all
elements and requirements set forth for short subdivisions in this ordinance
and as required by state law.
.110 SHORT SUBDIVISION - The division of land into four or less lots, tracts,
parcels, sites or divisions for the purpose of sale, lease or transfer.
.120 SUBDIVIDER, DEVELOPER OR PLATTER - Any person, firm or
corporation or authorized representative undertaking the subdividing or
resubdividing of a lot, block, or other parcel of land.
.130 SUBDIVISION - The division of land into five or more lots, tracts, parcels,
sites or divisions for the purpose of sale, lease or transfer and including all
resubdivision of land except as provided herein.
.140 TRACf - A fractional part of subdivided lands having fixed boundaries,
which is dedicated or reserved by appropriate covenant or plat restriction for
purposes of ingress, egress, utility access, open space, drainage or other
purpose necessary to the public welfare.
.150 ZONING RESTRICfION - The restrictions contained in the Federal Way
Zoning Code.
Subdivision - Preliminarv Plat
The general procedure for processing an application for a subdivision consists of
seven steps as follows:
.10 A pre-application conference between the proponent and city staff to discuss
land use, site design, transportation and environmental issues;
16.40
4
.20 Review of the preliminary plat application by the City staff to determine
whether or not the application is acceptable for filing;
.30 Review of the proposed preliminary plat by the Responsible Official in order
to insure compliance with the State Environmental Policy Act, the
Environmental Policy Ordinance and Impact Mitigation Ordinance.
.40 Submission of the proposed preliminary plat along with the comments or
recommendations of interested departments or agencies to the hearing
examiner for public hearing;
.50 Submission of the preliminary plat and recommendation of the hearing
examiner to the city council for approval or disapproval;
.60 Review of the final plat by the City staff and the Federal Way Water and
Sewer District; and
.70 Approval of the final plat for recording as indicated by the signature of the
mayor thereon.
Pre-Application Conference
For the purpose of expediting applications and reducing subdivision and site plan
design and development costs, the developer may request a pre-application
conference in accordance with the following requirements:
.10 At the request of the applicant, the Director shall schedule a pre-application
conference. The pre-application conference shall allow the applicant to meet
with appropriate representatives of City departments and other agencies.
.20 Applicants seeking a pre-application conference shall submit information
describing the site, location, topography of the site and a general concept
plan indicating the layout of streets and lots. Information relating to the
location and size of utilities shall also be provided. This information shall
be provided ten (10) days prior to the pre-application conference.
.30 A brief written summary of the pre-application conference shall be provided
by the Director within ten (10) working days of the final meeting.
.40 The applicant may be charged reasonable fees for a pre-application
conference.
16.50
5
.50 The pre-application conference is advisory only and neither the proponent
nor the technical staff shall be bound by any determinations made therein.
Application - Content and Form
An application for approval of a preliminary plat shall be made to the
Department upon forms furnished by the City. Applications shall be made by the
owner or owners of the parcel or parcels of all property encompassed by the
application or by a duly authorized agent or agents. The owner or owners of all
parcels to be included must join in or be represented in the application.
The application shall be accompanied by the following information:
.10 Ten (10) prints and one reproducible sepia of the proposed preliminary plat
drawn to a scale of one inch equals 100 feet or larger. The preliminary plat
drawing shall include the following spècific information:
A. Proposed name of the plat
B. Location by section, township, range, and/or by other legal description.
C. Name, address and phone number of developer.
D. Name, address and phone number of each property owner.
E. Name, address and phone number of registered land surveyor.
F. Scale of plat, date and north point.
G. Existing topography of the land indicated by contours of two foot
intervals for slopes less than twenty percent and five foot intervals for
slopes of 20% or greater.
H. Location and extent of significant natural features on and immediately
adjacent to the site. Such features shall include but are not limited to
streams, wetlands, views, significant trees, and water bodies.
1.
Comprehensive plan and zoning classification of the proposed plat and
adjoining properties.
6
J. Adjacent common ownerships and the land or lot divisions of adjoining
properties not in common ownership for a distance of at least one
hundred feet around the perimeter of the property proposed for
subdivision.
K. Location, widths, and names of existing or prior platted streets, railroad
or utility rights-of-way or easements, parks or other public spaces, existing
permanent structures to be retained within and adjacent to the proposed
plat. Where the property had been previously subdivided, the original
lots, blocks, streets, easements, etc., shall be shown in dotted lines in
scale with the proposed plat.
L. Existing and proposed water, sewer and drainage utilities on, under or
over the land showing size, grades and location.
M. Layout of proposed streets, pedestrian walkways and easements.
N. Layout, number and dimensions of proposed lots.
O. Parcels of land intended to be dedicated for public use, or reserved for
use of owners of the property in the subdivision.
P. Building setback lines.
Q. The location and size of all ditches, culverts, catchbasins and other parts
of the design for the control of surface water drainage.
R. Typical roadway sections.
S. Vicinity map indicating the proposed subdivision's relation to the area.
.20 A copy of the current King County quarter section map for the appropriate
area.
.30 Two (2) lists of the names and addresses of all owners of real property, as
shown by the records of the King County Assessor, located within 300 feet
of any portion of the boundary of the proposed subdivision and any adjoining
real properties owned by the owners of the lands proposed to be subdivided.
The lists shall be provided on address labels.
7
.40 Two (2) 8-1/2 inch by 11 inch film positives and paper positives of the
preliminary plat map.
.50 If applicable, a phasing plan, showing divisions of the plat and a proposed
timetable for construction of each division.
.60 A complete environmental checklist pursuant to the Federal Way
Environmental Policy Ordinance.
.70 Additional information as required at the discretion of the Director.
Upon submittal of the preliminary plat application, the applicant shall tender payment of
required fees. Such fees shall be determined according to a standard fee schedule
approved by the City Council. The purpose of such fees is to defray the City's cost in
processing the application.
16.60
Conformance With Zoning Code and Official Zoning Maps
All applications for preliminary plat approval shall be in conformance with the
Zoning Code and official Zoning Maps of the City of Federal Way. In the event
an amendment to the Zoning Code and/or a change in the Zoning maps is
required to assure such conformance, the Director shall require that the
appropriate applications for such change(s) be submitted so that such requests
may be considered concurrently.
16.70
Acceptance of Application - Routing
.10 Upon submittal of a completed preliminary plat application, the Department
shall transmit at least one copy of the plat for review and recommendation
to each of the following:
A Public Works Department;
B. Parks Department;
C. School District No. 210;
D. Federal Way Water and Sewer District;
E. Fire District #39;
F. Seattle-King County Department of Public Health if septic systems are
proposed for sewage disposal;
16.80
16.90
8
G. Utility companies proposed to provide electricity, telephone, natural gas,
television cable, and solid waste.
.20 A preliminary plat application shall not be deemed complete and accepted
for filing for the purpose of official processing until:
A. The Director determines that the applicant has paid all fees and
submitted all documents and information as required herein to permit
a full public hearing upon the merits of the application;
B. The Director has received a Notice of Availability from the Federal Way
Water and Sewer District for sewer and water, as appropriate.
Effect of Environmental Procedures Ordinance
A preliminary plat application will not be scheduled for public hearing until
completion of a Final Environmental Impact Statement, should such be required.
Process for Review and Notice of Public Hearing
.10 Upon confirmation by the Director that the Preliminary Plat Application is
complete and that all pertinent requirements of the Environmental Policy
Ordinance have been fulfilled, the application shall be processed and
reviewed following the procedures defined in the Zoning Code, Chapter 155,
Process Ill.
.20 In addition to the requirements of Part 10 of this Section, notice of the
hearing shall be mailed to appropriate City or County officials if the
proposed plat lies within 500 feet of the adjoining City or County boundary,
and to all agencies or private companies who received copies of the
preliminary plat pursuant to Section 16.70 herein. Additionally, notice shall
be mailed to the Washington State Department of Transportation if the
proposed plat abuts a State lrighway.
.30 All notices required herein shall clearly describe, in layman's terms, the
nature of the request, the location of the proposal, the date, time and
location of the hearing, and an address and phone number where additional
information may be obtained relative to the application.
16.100
16.110
9
Report to Hearin~ Examiner and Hearing Examiner Review
.10 No less than seven (7) days prior to the date of the public hearing, the
Department shall submit to the Hearing Examiner a written report
summarizing the application. The report shall contain, in addition to the
requirements in Process III, the following infonnation:
A A Notice of Availability from the Federal Way Water and Sewer
District.
B. If the subdivision is to contain a septic system, a letter from the King
County Department of Public Health regarding the adequacy and safety
of such a system.
C. All communications from other agencies or individuals relating to the
application which were received in time to be included in the report to
the Hearing Examiner.
D. A list of recommendations from the Department and Public Works
Department relating to alterations or conditions of plat approval.
E. If a Mitigated Declaration of Non-Significance or FEIS was issued by the
Responsible Official, a list of the required mitigating measures.
.20 The Hearing Examiner shall review the Preliminary Plat for compliance with
Section 16.10.20, Purpose, of this Chapter, design criteria and development
standards Section 16.210 through 16.370 of this ordinance, any other
applicable ordinances or regulations of the City, and RCW Chapter 58.17 as
it now exists or many hereafter be amended.
City Council Review and Action
.10 Following receipt of the final report and recommendations of the Hearing
Examiner, a date shall be set for a public meeting before the City Council.
.20 The City Council review of the preliminary plat application shall be limited
to the record of the hearing before the Hearing Examiner and the Hearing
Examiner's written report and for compliance with review criteria set forth
in Section 16.100, PROVIDED, that the Council may choose to schedule its
own public hearing on the application.
16.120
10
.30 Any interested party who feels that the Hearing Examiner's recommendations
were based on error of procedure, error of fact or of law, may submit a
written request to the City Council that the application be remanded back
to the Hearing Examiner for reconsideration. The City Council may consider
this request as part of the record at their public meeting. This written
request must be submitted no less than five working days prior to the date
of the Council meeting.
.40 After considering the written record and recommendations of the Hearing
Examiner and any properly submitted requests for reconsideration by
interested parties, the City Council may adopt the Hearing Examiner's
recommendations, with minor modifications as derIDed in Paragraph .50 of
this Section, remand the matter back to the Hearing Examiner for further
consideration, or schedule a public hearing before the City Council. The City
Council shall not substantially modify the recommendation of the Hearing
Examiner without first referring the matter back to the Hearing Examiner
or conducting its own public hearing on the application.
.50 As part of the final review, the City Council may require or approve a minor
modification to the preliminary plat if:
A The change will not have the effect of increasing the residential density
of the plat;
B. The change will not result in the relocation of any access point to an
exterior street from the plat;
C. The change will not result in any loss of open space area or buffering
provided in the plat; and
D. The City detennines that the change will not increase any adverse
impacts or undesirable effects of the project and that the change does
not significantly alter the project.
Effect and Duration of Preliminary Plat Approval
.10 Approval of the preliminary plat by the City Council shall constitute
acceptance of subdivision layout and design and shall include all conditions,
restrictions and other requirements adopted by the Council as part of plat
approval. City Council approval of a preliminary plat shall not constitute
approval for land clearing or grading, vegetation removal or any other
activities which otherwise require permits from the City of Federal Way.
16.130
11
.20 Prior to construction of improvements pursuant to preliminary plat approval,
engineering drawings for public improvements shall be submitted for review
and approval to the Department of Public Works and the Federal Way
Water and Sewer District. No permits to begin construction or site work shall
be granted until final approval of all utility plans, including storm drainage,
the payment of all pertinent fees and the submittal of performance securities
as may be required.
.30 Preliminary plat approval shall expire three years from the date of City
Council approval unless substantial progress has been made toward
completion of entire plat, or the initial phase of the plat, if the preliminary
approval. included phasing. In the event the applicant has not made
substantial progress toward completion of the plat, they may request an
extension from the Hearing Examiner. The request for extension must be
submitted to the Planning Department at least thirty days prior to the
expiration date of the preliminary plat.
.40 In considering whether to grant the extension, the Hearing Examiner shall
consider whether conditions in the vicinity of the subdivision have changed
to a sufficient degree since initial approval to warrant reconsideration of the
preliminary plat. If the Hearing Examiner deems such reconsideration is
warranted, a public hearing shall be scheduled and advertised in accordance
with Section 16.90 of this ordinance.
.50 The Hearing Examiner may grant a one year extension of preliminary plat
approval or may allow division of the plat into separate phases, each with
an expiration date and no further opportunity for extension.
Short Subdivisions - Application and Review Process
The general procedure for processing an application for a short subdivision
consists of the following steps:
.10 An optional pre-application conference between the proponent and city staff
to discuss land use, site design, transportation and environmental issues.
.20 Review of the short subdivision application to determine whether or not the
application is complete and acceptable for filing.
.30 Review of the application by the Department, Public Works Department,
Federal Way Water and Sewer District, and King County Department of
Public Health, if septic systems are to be utilized.
16.140
16.150
12
.40 Approval, approval with conditions, or denial of the short subdivision by the
Planning Director.
.50 Review of engineering drawings for required public improvements.
.60 Approval of short subdivision by Public Works Director.
.70 Recording of short subdivision in the office of the King County Division of
Records and Elections.
Pre-Application Conference
.10 For the purpose of expediting applications and reducing subdivision and site
plan design and development costs, the developer may request a
pre-application conference with the Director to discuss land use, site design,
required improvements and conformance with the comprehensive plan and
zoning ordinance. The Director may request the attendance of other staff
members at the pre-application conference.
.20 The pre-application conference is advisory only and neither the applicant nor
technical staff shall be bound by any determinations made therein.
Application - Content and Form
.10 An application for approval of a short subdivision shall be made to the
Department upon forms furnished by the City. Applications shall be made
by the owner or owners of the parcel or parcels of all property encompassed
by the application or by a duly authorized agent. The owner or owners of
all parcels to be included must join in or be represented in the application.
.20 The application shall include five (5) prints and one reproducible mylar of
the proposed short subdivision drawn to a scale of one inch equals 50 feet
or larger, and should be accompanied by the following information:
A Proposed name of the plat
B. Location by section, township, range, and/or by other legal description.
C. Name, address and phone number of developer.
D. Name, address and phone number of each property owner.
E. Name, address and phone number of registered land surveyor.
13
F. Scale of drawing, date and north point.
G. Existing topography of the land indicated by contours of two foot
intervals for slopes less than twenty percent and five foot intervals for
slopes of 20% or greater.
H. Location and extent of significant natural features on and immediately
adjacent to the site. Such features shall include but are not limited to
streams, wetlands, 'views, significant trees, and water bodies.
1.
Comprehensive plan and zoning classification of the proposed short
subdivision and adjoining properties.
J. Adjacent common ownerships and the land or lot divisions of adjoining
properties not in common ownership for a distance of at least one
hundred feet around the perimeter of the property proposed for
subdivision.
K. Location, widths, and names of existing or prior platted streets, railroad
or utility rights-of-way or easements, parks or other public spaces, existing
permanent structures to be retained within and adjacent to the proposed
short subdivision. Where the property had been previously subdivided,
the original lots, blocks, streets, easements, etc., shall be shown in dotted
lines in scale with the proposed short subdivision.
L. Existing and proposed water, sewer and drainage utilities on, under or
over the land showing size, grades and location.
M. Layout of proposed streets, pedestrian walkways and easements.
N. Layout, number and dimensions of proposed lots.
O. Parcels of land intended to be dedicated for public use, or reserved for
use of owners of the property in the short subdivision.
P. Building setback lines.
Q. The location and size of all ditches, culverts, catchbasins and other parts
of the design for the control of surface water drainage.
16.160
14
R. Typical roadway sections.
S. Vicinity map indicating the proposed short subdivision's relation to the
area.
.20 A copy of the current King County quarter section map for the appropriate
area.
.30 The following additional information will be required:
A Two (2) lists of the names and addresses of all owners of real property,
as shown by the records of the King County Assessor, located within 300
feet of any portion of the boundary of the proposed subdivision and any
adjoining real properties owned by the owners of the lands proposed to
be subdivided. The lists shall be provided on address labels.
B. If applicable under Chapter 80, Environmentally Sensitive Areas, of the
Zoning Code, completed checklists or other required environmental
documentation.
C. Additional information as required at the discretion of the Director.
Acceptance of Application - Routing
.10 Upon submittal of an application for short subdivision, the Director shall
determine the following:
A That the application contains all information required herein and any
additional information as may be required by Director.
B. That the proposed short subdivision is in conformance with the Zoning
Code and official Zoning Map.
C. That all applicable fees have been paid by the applicant.
.20 Upon determining that the short subdivision application is complete, the
Director shall distribute a copy of the application to the Public Works
Department, the Federal Way Water and Sewer District and the Seattle-King
County Department of Public Health, if the project is to be served by septic
tanks.
16.170
16.180
15
Process For Review
.10 The short subdivision application shall be processed under the provisions of
the Federal Way Zoning Code, Chapter 145, Process 1.
Planning Department Action
.10 The short subdivision shall be reviewed for compliance with Section 16.10.20
Purpose, of this Chapter, design criteria and development standards set forth
in Section 16.210 through 16.370 of this Chapter, other applicable ordinances
or regulations of the City, and RCW Chapter 58.17 as it now exists or may
hereinafter be amended.
.20 Any action by the Department relative to the application shall contain the
following information, where applicable:
A Improvements required as conditions of approval of the short subdivision.
B. Review comments and requirements of reviewing agencies.
C. Reasons for denial of the short subdivision, if applicable.
.30 Action by the Department shall constitute final action on the short
subdivision application; PROVIDED, that the short plat may not be recorded
until it has been certified by the Director of Public Works that all
improvements required as a condition of approval have been completed or
their completion has been bonded in compliance with Chapter 180 of the
Zoning Code. Such certification shall appear on the face of the short plat.
.40 No final short plat shall be approved until the Department has made a
formal written fmding that the proposed short subdivision is in conformity
with applicable zoning ordinances or other land use controls.
.50 A drainage release shall be provided releasing the City for claims for injury
or damage resulting from the storm drainage system to be installed, if any,
and indemnify the City from any claims brought by downstream owners based
on the operation, failure to operate, improper design or improper
construction.
16.190
16.200
16
Recording of Short Plat
.10 All short plats approved in accordance with this ordinance shall be recorded
with the King County Division of Records and Elections, and a copy of the
documents stamped with the recording number shall be forwarded to the
King County Department of Assessments for assessment purposes.
.20 Short plats shall be recorded in the same manner as a survey, consistent with
RCW Chapter 59.09, the Survey Recording Act.
Boundary Line Adjustments
.10 The Director may approve minor alterations in the location of lot boundaries
on existing lots without reviewing under Process I, provided:
A Such alteration does not increase the number of lots; or diminish in size
open space or other protected environments.
B. Such alteration does not diminish the size of any lot so as to result in
a lot of less square footage than prescribed in the Zoning Ordinance.
C. Such alteration does not result in the reduction of setbacks or site
coverage to less than prescribed by the Zoning Ordinance.
D. All lots resulting from the boundary line alteration are in conformance
with the design standards of this ordinance.
.20 Applications for boundary line adjustments shall be submitted to the
Department in essentially the same form as a short plat with the exception
of additional information required in Section 16.150.30(A) and (B), and shall
include the following information:
A The existing lot lines shown in dashed lines and the area, in square feet,
of each of the lots;
B. The new lot lines shown in solid lines and the area, in square feet, of
each of the new lots;
C. The location of all structures on the lots and the distance of each from
both the existing and proposed lot lines, when such distance is less than
50 feet;
16.210
16.220
17
D. The location of all existing driveways and recorded easements for access,
utilities or other purposes.
.30 All approved boundary line adjustments shall be recorded with the King
County Division of Records and Elections in the same manner as a short
subdivision. Such recorded document shall reference the recording number
of the plat or short plat which is being altered by the boundary line
adjustment.
Subdivision Design
.10 Subdivisions should be designed so that traffic is distributed in a logical
manner toward a collector street system, to avoid intrusion and
over-burdening of residential streets, and to connect with planned or existing
streets.
.20 Streets should be coordinated with existing intersections to avoid off-setting
new intersections, and should intersect at a 90-degree angle plus or minus
5 degrees.
.30
Cul-de-sac streets should be no longer than 600 feet.
040 Blocks should be no longer than 1200 feet without an intersecting connector
road.
.50 Subdivisions on steep slopes should be designed so that streets are
constructed generally parallel, rather than perpendicular, to the slope.
.60 Streets should be designed in conformance with adopted standards for sight
distance at intersections, as prescribed in Section 115.130 of the Zoning
Code.
Lot Design
.10 AIl lots should be of ample dimensions to provide a regular shaped building
area which meets required setbacks.
.20 AIl lots shall be designed to provide access for emergency apparatus.
.30 AIl lots should be designed to take advantage of topographic and natural
features, view orientation and privacy.
16.230
16.240
16.250
18
.40 Except in a cluster subdivision, all lots should abut a public street right-of-
way. Residential lots should not have access onto arterial streets.
Densitv
.10 All lots in conventional subdivisions shall meet the density and minimum lot
size requirements of the Zoning Code. Calculation of density in subdivisions
shall not include streets or vehicle access easements.
.20 Lots created in cluster subdivisions may be below the minimum lot size
requirements of the Zoning Ordinance provided the total number of lots
created does not exceed the number which would be permitted in a
conventional subdivision on a site of the same total area, after reservation
of required open space.
Cluster Subdivision
.10 In order to promote open space and the protection of natural features such
as trees and wetlands, lots may be reduced in size and placed in clusters on
the site.
.20 Lots created in a cluster subdivision may be reduced in size below the
minimum required in the Zoning Code provided that minimum yard and
setback requirements are met. Building setback lines for each lot shall be
shown on the face of a cluster subdivision plat.
.30 Open space created by cluster subdivisions shall be protected from further
subdivision or development by covenants filed and recorded with the final
plat of the subdivision.
Open S?ace and Recreation
.10 For the purpose of this Chapter, open space shall be described in the
following categories.
A. Usable open space: Areas which have appropriate topography, soils,
drainage and size to be considered for development as active recreation
areas.
19
B. Conservation open space: Areas containing special natural or physical
amenities or environmentally sensitive features, the conservation of which
would benefit surrounding properties or the community as a whole. Such
areas may include, but are not limited to, stands of large trees, view
corridors or view points, creeks and streams, wetlands and marshes,
ponds and lakes or areas of historical or archaeological importance.
Conservation open space and usable open space may be, but are not
always, mutually inclusive.
C. Buffer open space: Areas which are primarily intended to provide
separation between properties or between properties and streets. Buffer
open space may, but does not always, contain usable open space or
conservation open space.
D. Severely constrained open space: Areas not included in any of the above
categories which, due to physical characteristics, are impractical or unsafe
for development. Such areas may include, but are not limited to steep
rock escarpments or areas of unstable soils.
.20 All residential subdivisions shall be required to provide open space in the
amount of 15% of the gross land area of the subdivision site, or if the site
is 5 acres or less in size, applicants may seek alternative methods of
providing the required open space as pennitted by the Impact Mitigation
Ordinance, if acceptable to the City.
.30 Any combination of open space types may be used to accomplish the total
area required to be reserved as follows:
Open SDace Category
% of Gross Land Area
Usable
Conservation
Buffer
Constrained
10% Minimum
No maximum or minimum
2% Maximum
2% Maximum
.40 Open space which is part of an adopted parks, recreation, trails or open
space plan may be dedicated to the City for such purposes.
.50 Open space not part of an adopted parks, recreation, trails or open space
plan shall be owned in common undivided interest by all property owners
within the subdivision as members of a homeowners association or
corporation as set out in a declaration of covenants and restrictions, and
approved by the City of Federal Way.
16.260
16.270
16.280
20
.60 Subject to approval by the City, ownership in open space may be transferred
to a special interest group or organization which shall assume the
responsibility of maintaining the open space for its intended purpose.
Pedestrian and Bicycle Access
.10
In addition to the sidewalks required in the Chapter llO, Requirements to
Rights-of-Way and Vehicular Easements, of the Zoning Code, pedestrian and
bicycle access should be provided for established or planned safe school
routes, bikeways, trails and transit stops.
.20 Pedestrian and bicycle access shall be provided in easement corridors of
sufficient width to assure the privacy of adjacent residences.
.30 Pedestrian and bicycle access corridors shall be considered as usable open
space in determining open space requirements.
View Considerations
.10 Design of new subdivisions adjacent to existing development should assess
the potential blockage of existing views and utilize methods such as staggered
or off-set lot lines and building areas so as to reduce horizontal view
blockage.
.20 Where feasible, subdivision design shall recognize and preserve important
view corridors by proper location of street rights of way, view conservation
easements or other means.
Buffers
.10 Subdivision design should provide ample buffers to shield new residences
from arterial streets, or established land uses adjacent to the subdivision,
under the provisions of Section 90.25, Landscaping, of the Zoning Code, as
follows:
A Buffer Type 2 when adjacent to non-residential or non-agricultural uses;
B. Buffer Type 3 when adjacent to multi-family or professional offices uses.
C. Buffer Type 3 when the density of the proposed subdivision exceeds the
allowed density of adjacent platted, single-family properties.
16.290
16.300
16.310
21
.20 Existing mature vegetation shall be retained for buffering purposes as
provided in Section 90.25 (8), Use of Significant Natural Vegetation, in the
Zoning Code.
.30 Perimeter fencing in subdivisions shall be located on the interior side of
required buffer areas.
Retention of Vegetation
All natural vegetation shall be retained on the site to be subdivided except that
which will be removed for improvements or grading approved in the preliminary
subdivision or short subdivision.
Streets and Rights-of-Way
.10 All streets within an approved subdivision or short subdivision shall be within
a dedicated public right-of-way.
.20 All streets within the public rights-of-way shall be improved to the standards
specified in Chapter 110, Required Improvements to Rights-of-Way and
Vehicular Access Easements and Tracts, of the Zoning Code.
.30 All streets abutting the subdivision or short subdivision shall be improved in
accordance with Chapter 110, Required Improvements to Rights-of-Way and
Vehicular Access Easements, of the Zoning Code.
.40 All traffic control devices within the subdivision or short subdivision shall be
provided by the developer as required by the Director of Public Works.
.50 Additional off-site street and traffic control improvements may be required
to mitigate impacts resulting from the subdivision or short subdivision.
Water
.10 All lots in a subdivision or short subdivision shall be served by a water
system designed and constructed to the specifications of the Federal Way
Water and Sewer District.
.20 The water system shall be dedicated to the Federal Way Water and Sewer
District upon approval of the final plat or short plat.
16.320
16.330
16.340
16.350
22
Sewage Disposal
.10 Wherever feasible, all lots in subdivisions and short subdivisions shaH be
connected to a sanitary sewer system designed and constructed to the
specifications of the Federal Way Water and Sewer District.
.20 The sanitary sewer system shall be dedicated to the Federal Way Water and
Sewer District upon approval of the final plat or short plat.
.30 Where connection to the sanitary sewer system is not feasible, on-site sewage
disposal systems may be utilized. The design and construction of such systems
shall be approved by the Seattle-King County Department of Public Health.
Storm Drainage
.10 An subdivisions and short subdivisions shall be provided with an adequate
storm drainage system designed and constructed in accordance with the
Surface Water Management Ordinance #90-31, and the Storm and Surface
Water Utility Ordinance #90-32, as they now exist or are hereafter amended.
.20 As required by the Director of Public Works, subdivisions and short
subdivisions shall provide storm water detention or retention facilities. Such
required systems should include bio-filtration swales, oil/water separation
devices, or any other appropriate systems approved by the Public Works
Director.
.30 As appropriate, the storm drainage system shall be dedicated to the City of
Federal Way upon approval of the final plat or short plat.
Other Utilities
.10 All lots in subdivisions and short subdivisions shaH be served with electricity,
telephone, cable, and natural gas, if available.
.20 All utilities shall be provided underground.
Street Li!!hting
.10 All subdivisions and short subdivisions shall install street lighting on all
streets, except neighborhood access streetS and cul-de-sacs where instanation
is optional, in accordance with co=on design standards for spacing,
placement and luminous intensity.
16.360
16.370
23
.20 Light standard and luminaire design shall be approved by the Director of
Public Works.
Landscaping Protection and Enhancement
.10 A landscape plan prepared by a licensed landscape architect shall be
submitted with each subdivision or short subdivision application. The plan
shall identify existing wooded areas, meadows, rock outcroppings and other
landscape features. The plan shall show proposed buffers, open spaces,
street trees and other ornamental landscaping.
.20 Prior to the installation of improvements, significant trees, as defined in the
Zoning Code shall be identified. Protection techniques, as required in the
above referenced ordinance shall be used to protect the identified trees from
harm or destruction, and to restore trees damaged or lost. Significant trees
to be protected shall be visibly marked by flagging.
.30 Where safe and feasible, the meandering of streets and/or sidewalks around
significant trees is encouraged.
.40 All street trees and other plantings shall be installed in conformance with
standard landscaping practices and with appropriate City of Federal Way
guidelines and regulations.
Monuments
.10 Permanent survey control monuments shall be provided for all final plats and
short plats at:
AAll controlling corners on the boundaries of the subdivision or short
subdivision;
B. The intersection of centerlines of roads within the subdivision or short
subdivision; and
C. The beginning and ends of curves on centerlines or points of intersections
on tangents.
16.380
16.390
24
.20 Permanent survey control monuments shall be set in two inch pipe,
twenty-four inches long, filled with concrete or shall be constructed of an
approved equivalent. Permanent survey control monuments within a street
shall be set after the street is paved. Every lot corner shall be marked by a
three-quarter inch galvanized iron pipe or approved equivalent, driven into
the ground. If any land in a subdivision or short subdivision is contiguous to
a meandered body of water, the meander line shall be re-established and
shown on the final plat or short plat.
Submission of Final Plat
.10 The set of reproducible mylar drawings and five sets of blueline copies
thereof, shall be submitted to the Director of together with additional
information and documentation as required below.
.20 The Director shall route the drawings to the appropriate departments and
agencies for review.
.30
If the final plat is found to be incomplete or contain inaccurate information,
the Director shall return the mylar(s) to the owner or his representative for
correction.
Contents of Final Plat
.10 All final plats shall contain the following information:
A Name of plat.
B. Location by Section, Township, Range and/or other legal description.
C. The name and seal of the registered land surveyor responsible for
preparation of the plat, and a certification on the plat by said surveyor
to the effect that it is a true and correct representation of the land
actually surveyed by him, that the existing monuments shown thereon
exist as located an that all dimensional and geodetic details are correct.
D. The scale, shown numerically and graphically, meridian and north point.
The scale of the final plat shall be determined by the Department of
Public Works in order that all distances, bearings and other data can be
clearly shown.
E. The boundary line of the plat, based on an accurate traverse, with
angular and linear dimensions.
25
F. Exact location, width, number or name of all streets, alleys, and walks
within and adjoining the plat and all easements and dedications for
rights-of-way provided for public services or utilities.
G. True courses and distances to the nearest established street lines or
official monuments which shall accurately locate the plat.
H. Building setback lines if in a cluster subdivision.
1. Municipal, Township, County or Section lines accurately tied to the lines
of the plat by distances and courses.
J. Radii, internal angles, points of curvature, tangent bearings and lengths
of all arcs.
K.. All lot and block numbers and lines, with accurate dimensions in feet and
hundredths of feet. Blocks in numbered additions to subdivisions bearing
the same name may be numbered or lettered consecutively through the
several additions.
L. Accurate locations of all monuments. One such monument shall be
located at each street intersection, point of curvature, and at location to
complete a continuous line of sight, and at such other locations as
required by the provisions of RCW 58.17.240 as it now exists or may
hereafter be amended, and by the Department of Public Works.
M. All plat meander lines or reference lines along bodies of water shall be
established above, but not farther than twenty (20) feet from the high
waterline of such water.
N. Accurate outlines and legal descriptions of any areas to be dedicated or
reserved for public use, with the purposes indicated thereon and in the
dedication; and/or any area to be reserved by deed covenant for common
uses of all property owners.
O. A full and correct legal description of the property platted.
P. Restrictions or conditions on the lots or tracts in the plat required by the
Hearing Examiner or City Council.
Q. All signatures on the final plat mylar shall be in reproducible black ink.
26
R. Additional pertinent information as required by Director of Public Works
or the Director of Community Development.
S. A drainage release releasing the City for claims for injury or damage
resulting from the storm drainage system to be installed and indemnify
the City from claims brought by downstream owners based on the
operation, failure to operate, improper design or improper construction.
.20 In addition to the above requirements, the final plat shall be accompanied
by the following information:
A. A copy of the any deeds, covenants, conditions or restrictions together
with a copy of the documents which establish and govern any
Homeowners' Association which may be required.
B. A statement of approval from the Director of Public Works as to the
survey data, layout of streets, alleys and other rights-of-way, bridges and
other structures.
C. A statement of approval from the Federal Way Water and Sewer District
as to the water system and sanitary sewer system.
D. Where appropriate, a statement of approval from the Seattle-King
County Department of Public Health as to the on-site sewage control
system.
E. A complete survey of the section or sections in which the plat is located,
or as much thereof as may be necessary to properly orient the plat within
such section or sections.
F. A certification from the proper officer or officers in charge of tax
collections that all taxes and delinquent assessments for which the
property may be liable as of the date of certification have been duly
paid, satisfied or discharged.
G. A certificate stating that the subdivision has been made with the free
consent, and in accordance with the desires of the owner or owners.
16.400
27
H. A current (within 30 days) title company certification of:
(1) The legal description of the total parcel sought to be subdivided.
(2) Those individuals or corporations holding an ownership interest in
said parcel.
(3) Any lands to be dedicated are in the name of the owners whose
signatures appear on the dedication certificate.
(4) Any easements or restrictions affecting the property to be subdivided
with a description of purpose and referenced by auditors file number
and/or recording number.
Improvements: Completion or Guarantee
.10 Prior to approval of the final plat, the applicant shall complete all required
improvements including streets, sidewalks, bikeways, landscaping, storm
drainage, water, sewer, street lighting, underground utilities, monumentation
and other improvements which may be required by the Hearing Examiner
or City Council.
.20
In lieu of the completion of the actual construction of required improvements
prior to final plat approval, the applicant may file a performance bond or
other suitable security in a form approved by the City Attorney and in an
amount to be determined by the Director of Public Works sufficient to
guarantee actual construction and installation of such improvements within
one year of [mal plat approval. The amount of the security for completion
shall not be less than 125% of the Director's estimate of the cost of such
improvements.
.30 Prior to the acceptance by the City of the constructed improvements, the
applicant shall file a warranty bond or other suitable security in a form
approved by the City Attorney and in an amount to be determined by the
Director of Public Works guaranteeing the repair or replacement of any
improvement or any landscaping which proves defective or fails to survive
within a minimum two year time period after final acceptance of the
improvements or landscaping.
16.410
16.420
16.430
28
Ap9roval and Filing
.10 Following approval of the construction of required improvements or the
submittal of approved security in lieu of the improvements, the Director shall
forward the Final Plat to the City Council for approval.
.20 The City Council, in a public meeting, shall make written findings that the
final plat is in substantial conformance to the preliminary plat and is in
conformity with applicable zoning ordinances or other land use controls; that
all conditions of the Hearing Examiner and/or City Council have been
satisfied; that all required improvements have been made and maintenance
bonds or other security for such improvements have been submitted and
accepted; that all taxes and assessments owning on the property being
subdivided have been paid. If the City Council makes such findings, then the
plat shall be approved for recording.
.30 The approved and signed final plat, together with all legal instruments
pertaining thereto as required herein, shall be recorded in the King County
Department of Elections and Records. All fees for such recording shall be
paid by the applicant.
Divisions Requiring Binding Site Plan
Divisions of land for sale or lease which are intended for commercial or industrial
development and which are zoned properly for such uses, shall be required to
obtain an approved Binding Site Plan in accordance with this and other ordinances
of the City of Federal Way.
Approval Procedures
.10 Applications for binding site plans shall be submitted in the same content
and form as stipulated for short subdivisions in Section 16.130 of this
ordinance.
.20 Applications shall be at a scale of no less than 1"=100" and shall clearly show
lot and parcel sizes, building envelopes, open space and buffers, road rights-
of-way (whether public or private), utility easements and other information
pertinent to the development as required by the Director.
.30 Applications shall be processed under the provisions of Chapter 155, Process
III, of the Zoning Code.
16.440
16.450
29
.40 Binding site plans shall be reviewed for conformance with Section 16.10.20,
Purpose, of this Chapter, design criteria and development standards set forth
in Section 16.210 through 16.370 of this ordinance, any other applicable
ordinances or regulations of the City, and RCW Chapter 58.17, as it now
exists or is hereinafter amended.
.50 Approved applications shall be recorded with the King County Department
of Elections and Records.
.60 Where the binding site plan is governed or regulated by a specific zoning
ordinance, the number of said ordinance shall appear on the face of the
binding site plan. Additionally, the recording number of any covenants,
deeds, or restrictions which affect the property, shall be shown on the face
of the binding site plan.
Density Regulations: Improvements Required
.10 Density or parcel size, setbacks and buffers shall be in accordance with the
Zoning Code.
.20 Street improvements, and the dedication of rights-of-way and/or easements
shall be required in accordance with Chapter 110, Required Improvements
to Rights-of-Way and Vehicular Access Easements, in the Zoning Code.
Intewretation. Conflict and Separability
.10 In their interpretation and application, the provisions of this ordinance shall
be held to be the minimum requirements. More stringent provisions may be
required if it is demonstrated that different standards are necessary to
promote the public health, safety and welfare.
.20 Where the conditions imposed by any provisions of this ordinance are either
more restrictive or less restrictive than comparable conditions imposed by any
other provisions of this ordinance or of any other applicable, law, ordinance,
resolution, rule or regulation of any kind, the regulations which are more
restrictive and impose higher standards or requirements shall govern.
.30 The provisions of this ordinance are separable. If a section, sentence, clause,
or phrase of this ordinance is adjudged by a court of competent jurisdiction
to be invalid, the decision shall not affect the remaining portions of this
ordinance.
30
16.460
Violations. Enforcement and Penalties
.10 Any person, firm, corporation, or association or any agent thereof who
divides land into lots, tracts, or parcels of land and sells or transfers, or
offers or advertises for sale or transfer, any such lot, tract or parcel without
having a final plat, short plat, boundary line adjustment, or binding site plan
filed for record, or who otherwise violates or faHs to comply with any of the
provisions of this ordinance, or any amendment thereto, shall be guHty of a
gross misdemeanor punishable by a fine of not more than $5,000 for each
offense. Each such sale, offer for sale, lease or transfer of each separate lot,
tract or parcel of land shall be deemed a separate and distinct offense;
provided, however, an offer or agreement to sell, lease, or otherwise transfer
a lot, tract or parcel of land following preliminary plat approval shall not be
deemed in violation of this chapter if performance of the offer or agreement
is expressly conditioned on the recording of the final plat containing the lot,
tract, or parcel. All payments on account of an offer or agreement
conditioned as provided in this section shall be deposited in an escrow or
other regulated trust account an no disbursement to the seller shall be
permitted until the final plat is recorded.
.20 The City of Federal Way, through its authorized agents, may commence an
action to restrain and enjoin violations of this ordinance, or of any term or
condition of plat approval prescribed by the City, and compel compliance
with the provisions of this ordinance, or with such terms or conditions, as
provided by RCW 58.17.200 and 58.17.320, as they now exist or may
hereafter be amended. The costs of such action may be taxed against the
violator.
KLS/fedwyord.rep
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0072.15009
JDW/naa
02/21/90
�
ORDINANCE NO. 90-41
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, ADOPTING THE "SUBDIVISION
ORDINANCE" FOR THE CITY OF FEDERAL WAY;
PROVIDING FOR THE REGULATION OF SUBDIVISIONS,
SHORT SUBDIVISIONS, BOUNDARY LINE ADJUSTMENTS
AND BINDING SITE PLANS ; DECLARING AN EMERGENCY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, pursuant to RCW Chapter 58.17 cities are
authorized to adopt appropriate regulations complying with State
law for the division of property, and
WHEREAS, it is necessary that as of the date of
incorporation that regulations be in existence within the
corporate limits of the City of Federal Way to regulate the
division of property, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. That certain compilation identified as
Exhibit A and attached hereto and hereby incorporated in full by
this reference is hereby adopted as the "Subdivision Ordinance"
for the City of Federal Way.
Section 2. Until such time as the City Council is
able to fill the position of Hearing Examiner and constitute and
appoint the members to the Planning Commission, the City Council
shall act in the place and stead of said Hearing Examiner and/or
Planning Commission.
Section 3. If any section, sentence, clause or
JDW007490
-1-
ORIGIN,��
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phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this ordinance.
Section �. The City Council finds and hereby
declares that an emergency exists, necessitating that this
ordinance be effective immediately as of the time of
incorporation in order to provide regulations for the division of
property. Failure to have such regulations in existence as of
the date of incorporation will cause substantial detriment to the
public health, safety and general welfare. Therefore, the City
Council declares that an emergency exists, necessitating that
these regulations be in full force and effect as of 12:01 a.m.,
February 28, 1990.
PASSED by a majority of not less than five (5) members
of the City Council of the City of Federal Way this 27th day of
February, 1990.
CITY OF FEDERAL WAY
�����
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
CITY CLERK, DELOR A. MEAD
APPROVED AS TO FORM:
OFFIC THE CITY ATTORNEY:
BY 1�
JDW007490 -2-
�
FILED WITH THE CITY CLERK: February 21, 1990
PASSED BY THE CITY COUNCIL: February 27, 1990
PUBLISHED: �rch 2, 1990
EFFECTIVE DATE: February 28, 1990
ORDINANCE NO. 90-41
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JDW007490 -3-
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TITLE 16 SUBDIVISION ORDINANCE
16.10 General Provisions
.10 Title
This ordinance shall be known and may be cited as the City of Federal Way
Subdivision Ordinance.
.20 Purpose
This chapter is adopted in furtherance of the Comprehensive Plan of the
City. It is hereby declared that the regulations contained in this ordinance
are necessary to:
A. Promote the health, safety and general welfare in accordance with
standards established by the State and the City
B. Promote effective use of land by preventing the overcrowding or
scattered development which would injure health, safety or the general
welfare due to the lack of water supplies, sanitary sewer, drainage,
transportation or other public services, or excessive expenditure of public
funds for such services;
C. Avoid congestion and promote safe and convenient travel by the public
on streets and highways through the proper planning and coordination
of new streets within subdivision with existing and planned streets in the
surrounding community.
D. Provide for adequate light and air;
E. Provide for water, sewage, drainage, parks and recreational areas, sites
for schools and school grounds, and other public requirements;
F. Provide for proper ingress and egress;
G. Provide for housing and commercial needs of the community;
EXHIBIT °A°
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H. Require uniform monumenting of land divisions and conveyance of
accurate legal descriptions;
I. Protect environmentally sensitive areas;
J. Provide for fle�bility in site design to accommodate view enhancement
and protection, protection of streams and wetlands, protection of steep
slopes and other environmental significant or sensitive areas.
16.20 DeSnitions
Except where speci�cally defined herein, all words used in this chapter shall carry
their customary meanings.
.10 BINDING SITE PLAN - A drawing of the division of land for sale or lease
which is intended for commercial or industrial use.
.20 DEDICATION - The deliberate appropriation of land by its owner for
general and public use or purpose, reserving no other rights than these that
are compatible with the full exercise and enjoyment of the public use or
purpose to which the property has been devoted.
.30 DEPARTMENT - An administrative department of the City of Federal Way
titled the Department of Community Development.
.40 DIRECTOR- As used herein, shall mean the Director of Community
development or the Director's designee.
.50 FINAL PLAT - The final drawing of the subdivision and dedication prepared
for filing for record with the County Auditor and containing all elements and
requirements set forth for final plats in this ordinance and as required by
state law.
.60 HEARING EXAMINER - For the purposes of this chapter, the Hearing
Examiner operating pursuant to the powers and duties set forth by the
Federal Way Zoning Code.
.70 LOT - A parcel of land having fi�ced boundaries described by reference to
a recorded plat; by reference to metes and bounds; or by reference to
section, township and range.
•
•
3
.80 PRELIMINARY PLAT - A neat approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, and
restrictive covenants to be applicable to the subdivision, and other elements
of a plat or subdivision which shall furnish a basis for the approval or
disapproval of the general layout of a subdivision.
.90 RIGHT-OF-WAY - Land dedicated or conveyed to the public or a unit of
government, the primary purpose of which is the movement vehicles and
pedestrians and providing for access to adjacent parcels, with the secondary
purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
.100 SHORT PLAT - A final drawing of the short subdivision and dedication
prepared for filing for record with the County Auditor and containing all
elements and requirements set forth for short subdivisions in this ordinance
and as required by state law.
.110 SHORT SUBDIVISION - The division of land into four or less lots, tracts,
parcels, sites or divisions for the purpose of sale, lease or transfer.
.120 SUBDIVIDER, DEVELOPER OR PLATT'ER - Any person, firm or
corporation or authorized representative undertaking the subdividing or
resubdividing of a lot, block, or other parcel of land.
.130 SUBDIVISION - The division of land into five or more lots, tracts, parcels,
sites or divisions for the purpose of sale, lease or transfer and including all
resubdivision of land except as provided herein.
.140 TRACT - A fractional part of subdivided lands having fixed boundaries,
which is dedicated or reserved by appropriate covenant or plat restriction for
purposes of ingress, egress, utility access, open space, drainage or other
purpose necessary to the public welfare.
.150 ZONING RESTRIC"TION - The restrictions contained in the Federal Way
Zoning Code.
16.30 Subdivision - Preliminary Plat
The general procedure for processing an application for a subdivision consists of
seven steps as follows:
.10 A pre-application conference between the proponent and city staff to discuss
land use, site design, transportation and environmental issues;
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4
.20 Review of the preliminary plat application by the City staff to determine
whether or not the application is acceptable for filing;
30 Review of the proposed preliminary plat by the Responsible Official in order
to insure compliance with the State Environmental Policy Act, the
Environmental Policy Ordinance and Impact Mitigation Ordinance.
.40 Submission of the proposed preliminary plat along with the comments or
recommendations of interested departments or agencies to the hearing
examiner for public hearing;
.50 Submission of the preliminary plat and recommendation of the hearing
examiner to the city council for approval or disapproval;
.60 Review of the final plat by the City staff and the Federal Way Water and
Sewer District; and
.70 Approval of the final plat for recording as indicated by the signature of the
mayor thereon.
16.40 Pre-Application Conference
For the purpose of expediting applications and reducing subdivision and site plan
design and development costs, the developer may request a pre-application
conference in accordance with the following requirements:
.10 At the request of the applicant, the Director shall schedule a pre-application
conference. The pre-application conference shall allow the applicant to meet
with appropriate representatives of City departments and other agencies.
.20 Applicants seeking a pre-application conference shall submit information
describing the site, location, topography of the site and a general concept
plan indicating the layout of streets and lots. Information relating to the
location and size of utilities shall also be provided. This information shall
be provided ten (10) days prior to the pre-application conference.
.30 A brief written summary of the pre-application conference shall be provided
by the Director within ten (10) working days of the final meeting.
,40 The applicant may be charged reasonable fees for a pre-application
conference.
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.50 The pre-application conference is advisory only and neither the proponent
nor the technical staff shall be bound by any determinations made therein.
16.50 A�plication - Content and Form
An application for approval of a preliminary plat shall be made to the
Department upon forms furnished by the City. Applications shall be made by the
owner or owners of the parcel or parcels of all property encompassed by the
application or by a duly authorized agent or agents. The owner or owners of all
parcels to be included must join in or be represented in the application.
The application shall be accompanied by the following information:
.10 Ten (10) prints and one reproducible sepia of the proposed preliminary plat
drawn to a scale of one inch equals 100 feet or larger. The preliminary plat
drawing shall include the following specific information:
A. Proposed name of the plat
B. Location by section, township, range, and/or by other legal description.
C. Name, address and phone number of developer.
D. Name, address and phone number of each property owner.
E. Name, address and phone number of registered land surveyor.
F. Scale of plat, date and north point.
G. F�isting topography of the land indicated by contours of two foot
intervals for slopes less than twenty percent and five foot intervals for
slopes of 20% or greater.
H. Location and extent of significant natural features on and immediately
adjacent to the site. Such features shall include but are not limited to
streams, wetlands, views, significant trees, and water bodies.
I. Comprehensive plan and zoning classification of the proposed plat and
adjoining properties.
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J. Adjacent common ownerships and the land or lot divisions of adjoining
properties not in common ownership for a distance of at least one
hundred feet around the perimeter of the property proposed for
subdivision.
K. Location, widths, and names of existing or prior platted streets, railroad
or utility rights-of-way or easements, parks or other public spaces, existing
permanent structures to be retained within and adjacent to the proposed
plat. Where the property had been previously subdivided, the original
lots, blocks, streets, easements, etc., shall be shown in dotted lines in
scale with the proposed plat.
L. Existing and proposed water, sewer and drainage utilities on, under or
over the land showing size, grades and location.
M. Layout of proposed streets, pedestrian walkways and easements.
N. Layout, number and dimensions of proposed lots.
O. Parcels of land intended to be dedicated for public use, or reserved for
use of owners of the property in the subdivision.
P. Building setback lines.
Q. The location and size of all ditches, culverts, catchbasins and other parts
of the design for the control of surface water drainage.
R. Typical roadway sections.
S. Vicinity map indicating the proposed subdivision's relation to the area.
.20 A copy of the cunent King County quarter section map for the appropriate
area.
.30 Two (2) lists of the names and addresses of all owners of real property, as
shown by the records of the King County Assessor, located within 300 feet
of any portion of the boundary of the proposed subdivision and any adjoining
real properties owned by the owners of the lands proposed to be subdivided.
The lists shall be provided on address labels.
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.40 Two (2) &1/2 inch by 11 inch film positives and paper positives of the
preliminary plat map.
.50 If applicable, a phasing plan, showing divisions of the plat and a proposed
timetable for construction of each division.
.60 A complete environmental checklist pursuant to the Federal Way
Environmental Policy Ordinance.
.70 Additional information as required at the discretion of the Director.
Upon submittal of the preliminary plat application, the applicant shall tender payment of
required fees. Such fees shall be determined according to a standard fee schedule
approved by the City Council. The purpose of such fees is to defray the City's cost in
processing the application.
16.60 Conformance With Zoning Code and O�cial Zoning Maps
All applications for preliminary plat approval shall be in conformance with the
Zoning Code and official Zoning Maps of the City of Federal Way. In the event
an amendment to the Zoning Code and/or a change in the Zoning maps is
required to assure such conformance, the Director shall require that the
appropriate applications for such change(s) be submitted so that such requests
may be considered concurrently.
16.70 Acceptance of A�plication - Routing
.10 Upon submittal of a completed preluninary plat application, the Department
shall transmit at least one copy of the plat for review and recommendation
to each of the following:
A. Public Works Department;
B. Parks Department;
C. School District No. 210;
D. Federal Way Water and Sewer District ;
E. Fire District #39;
F. Seattle-King County Department of Public Health if septic systems are
proposed for sewage disposal;
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G. Utility companies proposed to provide electricity, telephone, natural gas,
television cable, and solid waste.
.20 A preliminary plat application shall not be deemed complete and accepted
for �iling for the purpose of official processing until:
A. The Director determines that the applicant has paid all fees and
submitted all documents and information as required herein to permit
a full public hearing upon the merits of the application;
B. The Director has received a Notice of Availability from the Federal Way
Water and Sewer District for sewer and water, as appropriate.
16.80 Effect of Environmental Procedures Ordinance
A preliminary plat application will not be scheduled for public hearing until
completion of a Final Environmental Impact Statement, should such be required.
16.90 Process for Review and Notice of Public Hearin�
.10 Upon confirmation by the Director that the Preluninary Plat Application is
complete and that all pertinent requirements of the Environmental Policy
Ordinance have been fulfilled, the application shall be processed and
reviewed following the procedures defined in the Zoning Code, Chapter 155,
Process III.
.20 In addition to the requirements of Part 10 of this Section, notice of the
hearing shall be mailed to appropriate City or County officials if the
proposed plat lies within 500 feet of the adjoining City or County boundary,
and to all agencies or private companies who received copies of the
preliminary plat pursuant to Section 16.70 herein. Additionally, notice shall
be mailed to the Washington State Department of Transportation if the
proposed plat abuts a State highway.
.30 All notices required herein shall clearly describe, in layman's terms, the
nature of the request, the location of the proposal, the date, tune and
location of the hearing, and an address and phone number where additional
information may be obtained relative to the application.
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16.100 Report to Hearing F�aminer and Hearin� Examiner Review
.10 No less than seven (7) days prior to the date of the public hearing, the
Department shall submit to the Hearing Fxaminer a written report
surnmarizing the application. The report shall contain, in addition to the
requirements in Process III, the following information:
A. A Notice of Availability from the Federal Way Water and Sewer
District.
B. If the subdivision is to contain a septic system, a letter from the King
County Department of Public Health regarding the adequacy and safety
of such a system.
C. All communications from other agencies or individuals relating to the
application which were received in time to be included in the report to
the Hearing Examiner.
D. A list of recommendations from the Department and Public Works
Department relating to alterations or conditions of plat approval.
E. If a Mitigated Declaration of Non-Significance or FEIS was issued by the
Responsible Official, a list of the required mitigating measures.
.20 The Hearing Fxaminer shall review the Preliminary Plat for compliance with
Section 16.10.20, Purpose, of this Chapter, design criteria and development
standards Section 16.210 through 16.370 of this ordinance, any other
applicable ordinances or regulations of the City, and RCW Chapter 58.17 as
it now exists or many hereafter be amended.
16.110 City Council Review and Action
.10 Following receipt of the final report and recommendations of the Hearing
Examiner, a date shall be set for a public meeting before the City Council.
.20 The City Council review of the preliminary plat application shall be limited
to the record of the hearing before the Hearing Examiner and the Hearing
Fxaminer's written report and for compliance with review criteria set forth
in Section 16.100, PROVIDED, that the Council may choose to schedule its
own public hearing on the application.
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.30 Any interested party who feels that the Hearing Examiner's recommendations
were based on enor of procedure, enor of fact or of law, may submit a
written request to the City Council that the application be remanded back
to the Hearing Examiner for reconsideration. The City Council may consider
this request as part of the record at their public meeting. This written
request must be sub�itted no less than �ive working days prior to the date
of the Council meeting.
.40 After considering the written record and recommendations of the Hearing
Fxaminer and any properly submitted requests for reconsideration by
interested parties, the City Council may adopt the Hearing Fxaminer's
recommendations, with minor modifications as defined in Paragraph .50 of
this Section, remand the matter back to the Hearing F.�caminer for further
consideration, or schedule a public hearing before the City Council. The City
Council shall not substantially modify the recommendation of the Hearing
Fxaminer without first referring the matter back to the Hearing Fxaminer
or conducting its own public hearing on the application.
.50 As part of the final review, the City Council may require or approve a minor
modification to the preliminary plat if:
A. The change will not have the effect of increasing the residential density
of the plat;
B. The change will not result in the relocation of any access point to an
exterior street from the plat;
C. The change will not result in any loss of open space area or buffering
provided in the plat; and
D. The City determines that the change will not increase any adverse
impacts or undesirable effects of the project and that the change does
not significantly alter the project.
16.120 Effect and Duration of Preliminarx Plat A�proval
.10 Approval of the preliminary plat by the City Council shall constitute
acceptance of subdivision layout and design and shall include all conditions,
restrictions and other requirements adopted by the Council as part of plat
approval. City Council approval of a preliminary plat shall not constitute
approval for land clearing or grading, vegetation removal or any other
activities which otherwise require permits from the City of Federal Way.
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.20 Prior to construction of improvements pursuant to preliminary plat approval,
engineering drawings for public improvements shall be submitted for review
and approval to the Department of Public Works and the Federal Way
Water and Sewer District. No permits to begin construction or site work shall
be granted until final approval of all utility plans, including storm drainage,
the payment of all pertinent fees and the submittal of performance securities
as may be required.
.30 Preliminary plat approval shall expire three years from the date of City
Council approval unless substantial progress has been made toward
completion of entire plat, or the initial phase of the plat, if the preliminary
approval included phasing. In the event the applicant has not made
substantial progress toward completion of the plat, they may request an
extension from the Hearing Fxaminer. The request for e�ension must be
submitted to the Planning Department at least thirty days prior to the
expiration date of the preliminary plat.
.40 In considering whether to grant the extension, the Hearing Fxaminer shall
consider whether conditions in the vicinity of the subdivision have changed
to a sufficient degree since initial approval to wanant reconsideration of the
preliminary plat. If the Hearing Examiner deems such reconsideration is
warranted, a public hearing shall be scheduled and advertised in accordance
with Section 16.90 of this ordinance.
.50 The Hearing Fxaminer may grant a one year extension of preliminary plat
approval or may allow division of the plat into separate phases, each with
an e�iration date and no further opportunity for extension.
16.130 Short Subdivisions - A�nlication and Review Process
The general procedure for processing an application for a short subdivision
consists of the following steps:
.10 An optional pre-application conference between the proponent and city staff
to discuss land use, site design, transportation and environmental issues.
.20 Review of the short subdivision application to determine whether or not the
application is complete and acceptable for filing.
.30 Review of the application by the Department, Public Works Department,
Federal Way Water and Sewer District, and King County Department of
Public Health, if septic systems are to be utilized.
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.40 Approval, approval with conditions, or denial of the short subdivision by the
Planning Director.
.50 Review of engineering drawings for required public improvements.
.60 Approval of short subdivision by Public Works Director.
.70 Recording of short subdivision in the office of the King County Division of
Records and Elections.
16.140 Pre-Application Conference
.10 For the purpose of expediting applications and reducing subdivision and site
plan design and development costs, the developer may request a
pre-application conference with the Director to discuss land use, site design,
required improvements and conformance with the comprehensive plan and
zoning ordinance. The Director may request the attendance of other staff
members at the pre-application conference.
.20 The pre-application conference is advisory only and neither the applicant nor
technical staff shall be bound by any determinations made therein.
16.150 Ap�lication - Content and Form
.10 An application for approval of a short subdivision shall be made to the
Department upon forms furnished by the City. Applications shall be made
by the owner or owners of the parcel or parcels of all property encompassed
by the application or by a duly authorized agent. The owner or owners of
all parcels to be included must join in or be represented in the application.
.20 The application shall include five (5) prints and one reproducible mylar of
the proposed short subdivision drawn to a scale of one inch equals 50 feet
or larger, and should be accompanied by the following information:
A. Proposed name of the plat
B. Location by section, township, range, and/or by other legal description.
C. Name, address and phone number of developer.
D. Name, address and phone number of each property owner.
E. Name, address and phone number of registered land surveyor.
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F. Scale of drawing, date and north point.
G. Existing topography of the land indicated by contours of two foot
intervals for slopes less than twenty percent and five foot inteivals for
slopes of 20% or greater.
H. Location and extent of significant natural features on and immediately
adjacent to the site. Such features shall include but are not limited to
streams, wetlands, views, significant trees, and water bodies.
I. Comprehensive plan and zoning classification of the proposed short
subdivision and adjoining properties.
J. Adjacent common ownerships and the land or lot divisions of adjoining
properties not in common ownership for a distance of at least one
hundred feet around the perimeter of the property proposed for
subdivision.
K. Location, widths, and names of existing or prior platted streets, railroad
or utility rights-of-way or easements, parks or other public spaces, existing
permanent structures to be retained within and adjacent to the proposed
short subdivision. Where the property had been previously subdivided,
the original lots, blocks, streets, easements, etc., shall be shown in dotted
lines in scale with the proposed short subdivision.
L. Existing and proposed water, sewer and drainage utilities on, under or
over the land showing size, grades and location.
M. Layout of proposed streets, pedestrian walkways and easements.
N. Layout, number and dimensions of proposed lots.
O. Parcels of land intended to be dedicated for public use, or resetved for
use of owners of the property in the short subdivision.
P. Building setback lines.
Q. The location and size of all ditches, culverts, catchbasins and other parts
of the design for the control of surface water drainage.
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R. Typical roadway sections.
S. Vicinity map indicating the proposed short subdivision's relation to the
area.
.20 A copy of the cunent King County quarter section map for the appropriate
area.
.30 The following additional information will be required:
A. Two (2) lists of the names and addresses of all owners of real property,
as shown by the records of the King County Assessor, located within 300
feet of any portion of the boundary of the proposed subdivision and any
adjoining real properties owned by the owners of the lands proposed to
be subdivided. The lists shall be provided on address labels.
B. If applicable under Chapter 80, Environmentally Sensitive Areas, of the
Zoning Code, completed checklists or other required environmental
documentation.
C. Additional information as required at the discretion of the Director.
16.160 Acceptance of Applica.tion - Routing
.10 Upon submittal of an application for short subdivision, the Director shall
determine the following:
A. That the application contains all information required herein and any
additional information as may be required by Director.
B. That the proposed short subdivision is in conformance with the Zoning
Code and official Zoning Map.
C. That all applicable fees have been paid by the applicant.
.20 Upon determining that the short subdivision application is complete, the
Director shall distribute a copy of the application to the Public Works
Department, the Federal Way Water and Sewer District and the Seattle-King
County Department of Public Health, if the project is to be served by septic
tanks.
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16.170 Process For Review
10 The short subdivision application shall be processed under the provisions of
the Federal Way Zoning Code, Chapter 145, Process I.
16.180 Planning Department Action
.10 The short subdivision shall be reviewed for compliance with Section 16.10.20
Purpose, of this Chapter, design criteria and development standards set forth
in Section 16.210 through 16.370 of this Chapter, other applicable ordinances
or regulations of the City, and RCW Chapter 58.17 as it now exists or may
hereinafter be amended.
.20 Any action by the Department relative to the application shall contain the
following information, where applicable:
A. Improvements required as conditions of approval of the short subdivision.
B. Review comments and requirements of reviewing agencies.
C. Reasons for denial of the short subdivision, if applicable.
.30 Action by the Department shall constitute final action on the short
subdivision application; PROVIDED, that the short plat may not be recorded
until it has been certified by the Director of Public Works that all
improvements required as a condition of approval have been completed or
their completion has been bonded in compliance with Chapter 180 of the
Zoning Code. Such certification shall appear on the face of the short plat.
.40 No final short plat shall be approved until the Department has made a
formal written finding that the proposed short subdivision is in conformity
with applicable zoning ordinances or other land use controls.
.50 A drainage release shall be provided releasing the City for claims for injury
or damage resulting from the storm drainage system to be installed, if any,
and indemnify the City from any claims brought by downstream owners based
on the operation, failure to operate, unproper design or improper
construction.
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16.190 Recording of Short Plat
10 All short plats approved in accordance with this ordinance shall be recorded
with the King County Division of Records and Elections, and a copy of the
documents stamped with the recording number shall be forwarded to the
King County Department of Assessments for assessment purposes.
.20 Short plats shall be recorded in the same manner as a survey, consistent with
RCW Chapter 59.09, the Suivey Recording Act.
16.200 Boundar,y Line Ad�,ustments
.10 The Director may approve minor alterations in the location of lot boundaries
on existing lots without reviewing under Process I, provided:
A. Such alteration does not increase the number of lots; or diminish in size
open space or other protected environments.
B. Such alteration does not diminish the size of any lot so as to result in
a lot of less square footage than prescribed in the Zoning Ordinance.
C. Such alteration does not result in the reduction of setbacks or site
coverage to less than prescribed by the Zoning Ordinance.
D. All lots resulting from the boundary line alteration are in conformance
with the design standards of this ordinance.
.20 Applications for boundary line adjustments shall be submitted to the
Department in essentially the same form as a short plat with the exception
of additional information required in Section 16.150.30(A) and (B), and shall
include the following information:
A, The existing lot lines shown in dashed lines and the area, in square feet,
of each of the lots;
B. The new lot lines shown in solid lines and the area, in square feet, of
' each of the new lots;
C. 1'he location of all structures on the lots and the distance of each from
both the existing and proposed lot lines, when such distance is less than
50 feet;
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D. The location of all existing driveways and recorded easements for access,
utilities or other purposes.
.30 All approved boundary line adjustments shall be recorded with the King
County Division of Records and Elections in the same manner as a short
subdivision. Such recorded document shall reference the recording number
of the plat or short plat which is being altered by the boundary line
adjustment.
16.210 Subdivision Desi¢n
.10 Subdivisions should be designed so that traffic is distributed in a logical
manner toward a collector street system, to avoid intrusion and
over-burdening of residential streets, and to connect with planned or existing
streets.
.20 Streets should be coordinated with existing intersections to avoid off-setting
new iritersections, and should intersect at a 90-degree angle plus or minus
S degrees.
.30 C�il-de-sac streets should be no longer than 600 feet.
.40 Blocks should be no longer than 1200 feet without an intersecting connector
road.
.50 Subdivisions on steep slopes should be designed so that streets are
constructed generally parallel, rather than perpendicular, to the slope.
.60 Streets should be designed in conformance with adopted standards for sight
distance at intersections, as prescribed in Section 115.130 of the Zoning
Code.
16.220 Lot Desien
10 All lots should be of ample dimensions to provide a regular shaped building
area which meets required setbacks.
.20 All lots shall be designed to provide access for emergency apparatus.
.30 All lots should be designed to take advantage of topographic and natural
features, view orientation and privacy.
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.40 F�ccept in a cluster subdivision, all lots should abut a public street right-of-
way. Residential lots should not have access onto arterial streets.
16.230 Densi
.10 All lots in conventional subdivisions shall meet the density and minimum lot
size requirements of the Zoning Code. Calculation of density in subdivisions
shall not include streets or vehicle access easements.
.20 Lots created in cluster subdivisions may be below the minimum lot size
requirements of the Zoning Ordinance provided the total number of lots
created does not exceed the number which would be permitted in a
conventional subdivision on a site of the same total area, after reservation
of required open space.
16.240 Cluster Subdivision
.10 In order to promote open space and the protection of natural features such
as trees and wetlands, lots may be reduced in size and placed in clusters on
the site.
.20 Lots created in a cluster subdivision may be reduced in size below the
minimum required in the Zoning Code provided that minimum yard and
setback requirements are met. � Building setback lines for each lot shall be
shown on the face of a cluster subdivision plat.
.30 Open space created by cluster subdivisions shall be protected from further
subdivision or development by covenants filed and recorded with the final
plat of the subdivision.
16.250 Onen Space and Recreation
10 For the purpose of this Chapter, open space shall be described in the
following categories.
A, Usable open space: Areas which have appropriate topography, soils,
drainage and size to be considered for development as active recreation
areas.
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B. Conservation open space: Areas containing special natural or physical
amenities or environmentally sensitive features, the conservation of which
would benefit sunounding properties or the community as a whole. Such
areas may include, but are not limited to, stands of large trees, view
comdors or view points, creeks and streams, wetlands and marshes,
ponds and lakes or areas of historical or archaeological importance.
Conservation open space and usable open space may be, but are not
always, mutually inclusive.
C. Buffer open space: Areas which are prunarily intended to provide
separation between properties or between properties and streets. Buffer
open space may, but does not always, contain usable open space or
conservation open space.
D. Severely constrained open space: Areas not included in any of the above
categories which, due to physical characteristics, are impractical or unsafe
for development. Such areas may include, but are not limited to steep
rock escarpments or areas of unstable soils.
.20 All residential subdivisions shall be required to provide open space in the
amount of 15% of the gross land area of the subdivision site, or if the site
is 5 acres or less in size, applicants may seek alternative methods of
providing the required open space as permitted by the Impact Mitigation
Ordinance, if acceptable to the City.
.30 Any combination of open space types may be used to accomplish the total
area required to be reserved as follows:
Onen Space Category % of Gross Land Area
Usable 10% Minimum
Conservation No maximum or minimum
Buffer 2% Maximum
Constrained 2% Maximum
.40 Open space which is part of an adopted parks, recreation, trails or open
space plan may be dedicated to the City for such purposes.
.50 Open space not part of an adopted parks, recreation, trails or open space
plan shall be owned in common undivided interest by all property owners
within the subdivision as members of a homeowners association or
corporation as set out in a declaration of covenants and restrictions, and
approved by the City of Federal Way.
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.60 Subject to approval by the City, ownership in open space may be transferred
to a special interest group or organization which shall assume the
responsibility of maintaining the open space for its intended purpose.
16.260 Pedestrian and Bic�cle Access
.10 In addition to the sidewalks required in the Chapter 110, Requirements to
Rights-of-Way and Vehicular Easements, of the Zoning Code, pedestrian and
bicycle access should be provided for established or planned safe school
routes, bikeways, trails and transit stops.
.20 Pedestrian and bicycle access shall be provided in easement corridors of
sufficient width to assure the privacy of adjacent residences.
.30 Pedestrian and bicycle access comdors shall be considered as usable open
space in determining open space requirements.
16.270 View Considerations
.10 Design of new subdivisions adjacent to existing development should assess
the potential blockage of existing views and utilize methods such as staggered
or off-set lot lines and building areas so as to reduce horizontal view
blockage.
.20 Where feasible, subdivision design shall recognize and presetve important
view corridors by proper location of street rights of way, view conservation
easements or other means.
16.280 Buffers
.10 Subdivision design should provide ample buffers to shield new residences
from arterial streets, or established land uses adjacent to the subdivision,
under the provisions of Section 90.25, Landscaping, of the Zoning Code, as
follows:
A. Buffer Type 2 when adjacent to non-residential or non-agricultural uses;
B. Buffer Type 3 when adjacent to multi-family or professional offices uses.
C. Buffer Type 3 when the density of the proposed subdivision exceeds the
allowed density of adjacent platted, single-family properties.
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.20 Existing mature vegetation shall be retained for buffering purposes as
provided in Section 90.25 (8), Use of Significant Natural Vegetation, in the
Zoning Code.
.30 Perimeter fencing in subdivisions shall be located on the interior side of
required buffer areas.
16.290 Retention of Vegetation
All natural vegetation shall be retained on the site to be subdivided except that
which will be removed for improvements or grading approved in the preliminary
subdivision or short subdivision.
16.3� Streets and Ri ts-of-WaX
.10 All streets within an approved subdivision or short subdivision shall be within
a dedicated public right-of-way.
.20 All streets within the public rights-of-way shall be improved to the standards
specified in Chapter 110, Required Improvements to Rights-of-Way and
Vehicular Access Easements and Tracts, of the Zoning Code.
.30 All streets abutting the subdivision or short subdivision shall be improved in
accordance with Chapter 110, Required Improvements to Rights-of-Way and
Vehicular Access Fasements, of the Zoning Code.
.40 All traffic control devices within the subdivision or short subdivision shall be
provided by the developer as required by the Director of Public Works.
.50 Additional off-site street and traffic control improvements may be required
to mitigate impacts resulting from the subdivision or short subdivision.
16.310 Water
.10 All lots in a subdivision or short subdivision shall be served by a water
system designed and constructed to the specifications of the Federal Way
Water and Sewer District.
— .20 The water system shall be dedicated to the Federal Way Water and Sewer
District upon approval of the final plat or short plat.
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16.320 Sewa�e Disposal
.10 Wherever feasible, all lots in subdivisions and short subdivisions shall be
connected to a sanitary sewer system designed and constructed to the
specifications of the Federal Way Water and Sewer District.
.20 The sanitary sewer system shall be dedicated to the Federal Way Water and
Sewer District upon approval of the final plat or short plat.
.30 Where connection to the sanitary sewer system is not feasible, on-site sewage
disposal systems may be utilized. The design and construction of such systems
shall be approved by the Seattle-King County Department of Public Health.
16.330 Storm DrainaEe
.10 All subdivisions and short subdivisions shall be provided with an adequate
storm drainage system designed and constructed in accordance with the
Surface Water Management Ordinance #�-31, and the Storm and Surface
Water Utility Ordinance #90-32, as they now exist or are hereafter amended.
.20 As required by the Director of Public Works, subdivisions and short
subdivisions shall provide storm water detention or retention facilities. Such
required systems should include bio-filtration swales, oil/water separation
devices, or any other appropriate systems approved by the Public Works
Director.
.30 As appropriate, the storm drainage system shall be dedicated to the City of
Federal Way upon approval of the final plat or short plat.
16.340 Other Utilities
.10 All lots in subdivisions and short subdivisions shall be served with electricity,
telephone, cable, and natural gas, if available.
.20 All utilities shall be provided underground.
16.350 Street Lighting
10 All subdivisions and short subdivisions shall install street lighting on all
streets, except neighborhood access streets and cul-de-sacs where installation
is optional, in accordance with common design standards for spacing,
placement and luminous intensity.
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.20 Light standard and luminaire design shall be approved by the Director of
Public Works.
16.360 Landscaping Protection and Enhancement
.10 A landscape plan prepared by a licensed landscape architect shall be
submitted with each subdivision or short subdivision application. The plan
shall identify existing wooded areas, meadows, rock outcroppings and other
landscape features. The plan shall show proposed buffers, open spaces,
street trees and other ornamental landscaping.
.20 Prior to the installation of nnprovements, significant trees, as de5ned in the
Zoning Code shall be identified. Protection techniques, as required in the
above referenced ordinance shall be used to protect the identified trees from
harm or destruction, and to restore trees damaged or lost. Significant trees
to be protected shall be visibly marked by flagging.
.30 Where safe and feasible, the meandering of streets and/or sidewalks around
significant trees is encouraged.
.40 All street trees and other plantings shall be installed in conformance with
standard landscaping practices and with appropriate City of Federal Way
guidelines and regulations.
16.370 Monuments
.10 Permanent survey control monuments shall be provided for all final plats and
short plats at:
A. All controlling comers on the boundaries of the subdivision or short
subdivision;
B. The intersection of centerlines of roads within the subdivision or short
subdivision; and
C. The beginning and ends of curves on centerlines or points of intersections
on tangents.
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.20 Permanent survey control monuments shall be set in two inch pipe,
twenty-four inches long, filled with concrete or shall be constructed of an
approved equivalent. Permanent survey control monuments within a street
shall be set after the street is paved. Every lot corner shall be marked by a
three-quarter inch galvanized iron pipe or approved equivalent, driven into
the ground. If any land in a subdivision or short subdivision is contiguous to
a meandered body of water, the meander line shall be re-established and
shown on the final plat or short plat.
16.380 Submission of Final Plat
.10 The set of reproducible mylar drawings and five sets of blueline copies
thereof, shall be submitted to the Director of together with additional
information and documentation as required below.
.20 The Director shall route the drawings to the appropriate departments and
agencies for review.
.30 If the final plat is found to be incomplete or contain inaccurate information,
the Director shall return the mylar(s) to the owner or his representative for
correction.
16.390 Contents of Final Plat
.10 All final plats shall contain the following information:
A. Name of plat.
B. Location by Section, Township, Range and/or other legal description.
C. The name and seal of the registered land surveyor responsible for
preparation of the plat, and a certification on the plat by said surveyor
to the effect that it is a true and conect representation of the land
actually surveyed by him, that the existing monuments shown thereon
exist as located an that all dimensional and geodetic details are correct.
D. The scale, shown numerically and graphically, meridian and north point.
The scale of the final plat shall be determined by the Department of
Public Works in order that all distances, bearings and other data can be
clearly shown.
E. The boundary line of the plat, based on an accurate traverse, with
angular and linear dimensions.
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F. F�cact location, width, number or name of all streets, alleys, and walks
within and adjoining the plat and all easements and dedications for
rights-of-way provided for public services or utilities.
G. True courses and distances to the nearest established street lines or
official monuments which shall accurately locate the plat.
H. Building setback lines if in a cluster subdivision.
I. Municipal, Township, County or Section lines accurately tied to the lines
of the plat by distances and courses.
J. Radii, internal angles, points of curvature, tangent bearings and lengths
of all ares.
K. All lot and block numbers and lines, with accurate dimensions in feet and
hundredths of feet. Blocks in numbered additions to subdivisions bearing
the same name may be numbered or lettered consecutively through the
several additions.
L. Accurate locations of all monuments. One such monument shall be
located at each street intersection, point of curvature, and at location to
complete a continuous line of sight, and at such other locations as
required by the provisions of RCW 58.17.240 as it now exists or may
hereafter be amended, and by the Department of Public Works.
M. All plat meander lines or reference lines along bodies of water shall be
established above, but not farther than twenty (20) feet from the high
waterline of such water.
N. Accurate outlines and legal descriptions of any areas to be dedicated or
reserved for public use, with the purposes indicated thereon and in the
dedication; and/or any area to be reserved by deed covenant for common
uses of all property owners.
O. A full and correct legal description of the property platted.
P. Restrictions or conditions on the lots or tracts in the plat required by the
Hearing F�caminer or City CounciL
Q. All signatures on the final plat mylar shall be in reproduci'ble black ink.
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R. Additional pertinent information as required by Director of Public Works
or the Director of Community Development.
S. A drainage release releasing the City for claims for injury or damage
resulting from the storm drainage system to be installed and indemnify
the City from claims brought by downstream owners based on the
operation, failure to operate, improper design or improper construction.
.20 In addition to the above requirements, the final plat shall be accompanied
by the following information:
A. A copy of the any deeds, covenants, conditions or restrictions together
with a copy of the documents which establish and govern any
Homeowners' Association which may be required.
B. A statement of approval from the Director of Public Works as to the
survey data, layout of streets, alleys and other rights-of-way, bridges and
other structures.
C. A statement of approval from the Federal Way Water and Sewer District
as to the water system and sanitary sewer system.
D. Where appropriate, a statement of approval from the Seattle-King
County Department of Public Health as to the on-site sewage control
system.
E. A complete survey of the section or sections in which the plat is located,
or as much thereof as may be necessary to properly orient the plat within
such section or sections.
F. A certification from the proper officer or officers in charge of talc
collections that all t�es and delinquent assessments for which the
property may be liable as of the date of certification have been duly
paid, satisfied or discharged.
G. A certificate stating that the subdivision has been made with the free
consent, and in accordance with the desires of the owner or owners.
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H. A cunent (within 30 days) title company certification of:
(1) The legal description of the total parcel sought to be subdivided.
(2) Those individuals or corporations holding an ownership interest in
said parcel.
(3) Any lands to be dedicated are in the name of the owners whose
signatures appear on the dedication certificate.
(4) Any easements or restrictions affecting the property to be subdivided
with a description of purpose and referenced by auditors file number
and/or recording number.
16.400 Improvements: Completion or Guarantee
.10 Prior to approval of the final plat, the applicant shall complete all required
improvements including streets, sidewalks, bikeways, landscaping, storm
drainage, water, sewer, street lighting, underground utilities, monumentation
and other unprovements which may be required by the Hearing Examiner
or City Council.
.20 In lieu of the completion of the actual construction of required improvements
prior to final plat approval, the applicant may �le a performance bond or
other suitable security in a form approved by the City Attomey and in an
amount to be determined by the Director of Public Works sufficient to
guarantee actual construction and installation of such improvements within
one year of final plat approval. The amount of the security for completion
shall not be less than 125% of the Director's estimate of the cost of such
improvements.
.30 Prior to the acceptance by the City of the constructed improvements, the
applicant shall file a warranty bond or other suitable security in a form
approved by the City Attorney and in an amount to be determined by the
Director of Public Works guaranteeing the repair or replacement of any
improvement or any landscaping which proves defective or fails to survive
within a minimum two year time period after final acceptance of the
improvements or landscaping.
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16.410 Avvroval and Filing
.10 Following approval of the construction of required improvements or the
submittal of approved security in lieu of the improvements, the Director shall
forward the Final Plat to the City Council for approval.
.20 The City Council, in a public meeting, shall make written findings that the
final plat is in substantial conformance to the preliminary plat and is in
conformity with applicable zoning ordinances or other land use controls; that
all conditions of the Hearing F�caminer and/or City Council have been
satisfied; that all required improvements have been made and maintenance
bonds or other security for such improvements have been submitted and
accepted; that all taxes and assessments owning on the property being
subdivided have been paid. If the City Council makes such findings, then the
plat shall be approved for recording.
.30 The approved and signed final plat, together with all legal instruments
pertaining thereto as required herein, shall be recorded in the King County
Department of Elections and Records. All fees for such recording shall be
paid by the applicant.
16.420 Divisions Requirin Bindin� Site Plan
Divisions of land for sale or lease which are intended for commercial or industrial
development and which are zoned properly for such uses, shall be required to
obtain an approved Binding Site Plan in accordance with this and other ordinances
of the City of Federal Way.
16.430 Anvroval Procedures
.10 Applications for binding site plans shall be submitted in the same content
and form as stipulated for short subdivisions in Section 16.130 of this
ordinance.
.20 Applications shall be at a scale of na less than 1"=100" and shall clearly show
lot and parcel sizes, building envelopes, open space and buffers, road rights-
of-way (whether public or private), utility easements and other information
pertinent to the development as required by the Director.
.30 Applications shall be processed under the provisions of Chapter 155, Process
III, of the Zoning Code.
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.40 Binding site plans shall be reviewed for conformance with Section 16.10.20,
Purpose, of this Chapter, design criteria and development standards set forth
in Section 16.210 through 16.370 of this ordinance, any other applicable
ordinances or regulations of the City, and RCW Chapter 58.17, as it now
exists or is hereinafter amended.
.50 Approved applications shall be recorded with the King County Department
of Elections and Records.
.60 Where the binding site plan is governed or regulated by a specific zoning
ordinance, the number of said ordinance shall appear on the face of the
binding site plan. Additionally, the recording number of any covenants,
deeds, or restrictions which affect the property, shall be shown on the face
of the binding site plan.
16.440 Densitv Regulations: Improvements Rec�uired
.10 Density or parcel size, setbacks and buffers shall be in accordance with the
Zoning Code.
.20 Street improvements, and the dedication of rights-of-way and/or easements
shall be required in accordance with Chapter 110, Required Improvements
to Rights-of-Way and Vehicular Access Easements, in the Zoning Code.
16.450 Interpretation, Conflict and Separabilitv
.10 In their interpretation and application, the provisions of this ordinance shall
be held to be the minimum requirements. More stringent provisions may be
required if it is demonstrated that different standards are necessary to
promote the public health, safety and welfare.
.20 Where the conditions unposed by any provisions of this ordinance are either
more restrictive or less restrictive than comparable conditions imposed by any
other provisions of this ordinance or of any other applicable, law, ordinance,
resolution, rule or regulation of any kind, the regulations which are more
restrictive and impose higher standards or requirements shall govem.
.30 The provisions of this ordinance are separable. If a section, sentence, clause,
or phrase of this ordinance is adjudged by a court of competent jurisdiction
to be invalid, the decision shall not affect the remaining portions of this
ordinance.
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16.460 Violations Enforcement and Penalties
.10 Any person, firm, corporation, or association or any agent thereof who
divides land into lots, tracts, or parcels of land and sells or transfers, or
offers or advertises for sale or transfer, any such lot, tract or parcel without
having a final plat, short plat, boundary line adjustment, or binding site plan
filed for record, or who otherwise violates or fails to comply with any of the
provisions of this ordinance, or any amendment thereto, shall be guilty of a
gross misdemeanor punishable by a fine of not more than $5,000 for each
offense. Each such sale, offer for sale, lease or transfer of each separate lot,
tract or parcel of land shall be deemed a separate and distinct offense;
provided, however, an offer or agreement to sell, lease, or otherwise transfer
a lot, tract or parcel of land following preliminary plat approval shall not be
deemed in violation of this chapter if performance of the offer or agreement
is expressly conditioned on the recording of the final plat containing the lot,
tract, or parcel. All payments on account of an offer or agreement
conditioned as provided in this section shall be deposited in an escrow or
other regulated trust account an no disbursement to the seller shall be
permitted until the final plat is recorded.
.20 The City of Federal Way, through its authorized agents, may commence an
action to restrain and enjoin violations of this ordinance, or of any term or
condition of plat approval prescribed by the City, and compel compliance
with the provisions of this ordinance, or with such terms or conditions, as
provided by RCW 58.17.200 and 58.17.320, as they now exist or may
hereafter be amended. The costs of such action may be taxed against the
violator.
KIS/fe�wyotvd.rep