CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to land use and zoning; amending Sections 23.22.024, 23.22.064, 23.22.066, 23.22.070, 23.22.072, 23.22.074, and 23.22.078 of the Seattle Municipal Code; and repealing Subchapter IV of Chapter 23.22, consisting of Sections 23.22.082, 23.22.084, 23.22.086, and 23.22.088, of the Seattle Municipal Code to update subdivision procedures.
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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 23.22.024 of the Seattle Municipal Code, last amended by Ordinance 124843, is amended as follows:
23.22.024 Distribution of preliminary plans
If the Director determines that the subdivider has met all the application requirements for the preliminary plat and that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the Director shall affix a ((file number)) permit number and date of receipt to the application and promptly forward three copies of the plat and the subdivider's preliminary plans for streets and other improvements to the Director of Transportation. The Director shall also forward a copy of the preliminary plat to each of the following:
A. Director of Public Health;
B. General Manager and Chief Executive Officer of City Light;
C. Director of Housing;
D. Superintendent of Parks and Recreation;
E. ((Director)) General Manager and Chief Executive Officer of Seattle Public Utilities;
F. Fire Chief((, Fire Department));
G. King County Metro Transit Division;
H. Sound Transit; and
I. King County Wastewater Treatment Division;
((Who)) who shall review the preliminary plat and, within 30 days, furnish the Director with a report as to the effect of the proposed subdivision upon the public health, safety, and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the Director of Transportation and the Director of Seattle Public Utilities shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements.
Section 2. Section 23.22.064 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:
23.22.064 Filing with Director of Transportation
A. Time of ((Filing.)) filing
1. A final plat (or final plats, if use of multiple final plats is authorized pursuant to ((Section)) subsection 23.22.054.B) meeting all the requirements of ((RCW Chapter)) chapter 58.17 RCW and of this Chapter 23.22, shall be filed with the Director of Transportation within seven years of the date of preliminary plat approval. For a preliminary plat of land entirely within the MPC-YT zone, the Director may administratively extend this time period to a maximum of ten years from the date of preliminary plat approval only if the applicant has made substantial progress in development of the subdivision facilities and improvements in the preliminary plat at the time that the extension is granted.
2. Within 30 days of the date of filing of the final plat, unless the applicant consents to an extension of the time period, final plats shall be approved or disapproved by ((action of the Council,)) the Director of Transportation or returned to the applicant. This approval shall proceed pursuant to the procedures of this Chapter 23.22.
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Section 3. Section 23.22.066 of the Seattle Municipal Code, last amended by Ordinance 127099, is amended as follows:
23.22.066 Technical standards for final plat
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C. The description, dedication, acknowledgment, certificates of the Director of Finance and Administrative Services and County official performing the duties of the County Treasurer, certificates of approval by the Director of Transportation((, the City Clerk)) and the Director, and recording certificate must meet standards promulgated by the Director.
Section 4. Section 23.22.070 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:
23.22.070 Director's action on final plat
The Director of Transportation shall refer a final plat to the Director who shall review the final plat for substantial conformance to the approved preliminary plat, including any requirements or conditions imposed by the Hearing Examiner, and to the standards established by ((RCW Chapter)) chapter 58.17 RCW and this Chapter 23.22. The Director shall within ten days furnish the Director of Transportation with a report regarding the conformance of the plat. The Director of Transportation shall review the final plat for the following:
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C. If use of multiple final plats is not authorized in the preliminary plat approval pursuant to subsection 23.22.054.B, that the facilities and improvements required to be provided by the subdivider have been completed, or alternatively, except as otherwise provided in subsection 23.22.070.E, that the subdivider will provide a bond in a form approved by the City Attorney and in an amount commensurate with the cost of improvements remaining to be completed, conditioned upon the construction and installation of improvements within ((a fixed time set by the Council, not to exceed)) two years ((after)) of final approval of the plat;
D. If use of multiple final plats is authorized in the preliminary plat approval pursuant to subsection 23.22.054.B, that the facilities and improvements required by the preliminary plat approval as conditions to final plat approval have been completed, or ((alternatively,)) that the subdivider will provide a bond or other security in a form approved by the City Attorney and in an amount commensurate with the cost of improvements remaining to be completed, conditioned upon the construction and installation of improvements within a time period to be fixed by the ((City Council)) Hearing Examiner;
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Section 5. Section 23.22.072 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:
23.22.072 ((Submission)) Review of final plat ((to Council))
A. Pursuant to the requirements of RCW 58.17.150, the Director of Transportation shall not modify the conditions or requirements made in the approval of a preliminary plat when making recommendations on a final plat without the consent of the subdivider.
B. If the Director and the Director of Transportation determine that the requirements of this Subtitle II are met, the Director of Transportation shall certify that a proposed final plat meets the requirements of ((RCW Chapter)) chapter 58.17 RCW and this Chapter 23.22((, and shall forward a complete copy of the proposed plat to the Council)) .
C. If either Director determines that the requirements of this Chapter 23.22 have not been met, a final plat shall be returned to the applicant for modification, correction, or other action as may be required for approval((; provided that the final plat shall be forwarded to the Council together with the determination of the Directors, upon written request of the subdivider)) .
Section 6. Section 23.22.074 of the Seattle Municipal Code, last amended by Ordinance 124873, is amended as follows:
23.22.074 ((Council determination)) Determination of final plat
A. The ((Council)) Director of Transportation shall determine:
1. Whether a final plat is in substantial conformance with the approved preliminary plat;
2. Whether the requirements imposed when the preliminary plat was approved have been met;
3. Whether the bond, if required by the City, is sufficient in its terms to assure completion of improvements;
4. Whether the covenant described in subsection 23.22.070.E.2, if required, has been executed in form and substance acceptable to the Council; and
5. Whether the requirements of state law and the Seattle Municipal Code that were in effect at the time of preliminary plat approval, or such other requirements as provided in Section 22.800.100, have been satisfied by the ((sub-divider)) subdivider.
B. The ((Council)) Director of Transportation shall approve ((by ordinance)), disapprove, or return the proposed final plat. If the ((Council)) Director of Transportation approves the plat, ((it)) the Director of Transportation shall inscribe and execute ((its)) the Director of Transportation’s written approval on the face of the plat, and the Director of Transportation shall transmit the original plat to the King County Recorder for filing, and forward one copy to the Director and one copy to the County Assessor. At least one copy of the approved final plat shall be retained in the files of the Director of Transportation.
Section 7. Section 23.22.078 of the Seattle Municipal Code, last amended by Ordinance 123963, is amended as follows:
23.22.078 Resubmission
A. Any final plat disapproved by the ((Council)) Director of Transportation or returned to the applicant may, at the ((sub-divider's)) subdivider’s option, be resubmitted for approval upon satisfaction of the following conditions:
1. The ((sub-divider)) subdivider has corrected those deficiencies of the final plat, attachments to it, or improvements, any or all of which caused the final plat to be returned or disapproved;
2. The final plat is resubmitted within the time period specified in subsection 23.22.064.A (including any extension that may be granted pursuant to that subsection) or within six months from the date of ((Council)) disapproval, whichever is later;
3. The final plat was not disapproved ((by Council)) with prejudice against resubmission;
4. The ((sub-divider)) subdivider has not accepted any proffered refund of filing fees paid for individual lots.
B. Any subdivision, the final plat of which is disapproved for reasons of nonconformance with the approved preliminary plat and any requirements or conditions attached to it, may be submitted as a preliminary plat, and shall be considered a new and separate application for all intents and purposes.
Section 8. Subchapter IV of Chapter 23.22 of the Seattle Municipal Code, enacted by Ordinance 110570, is repealed as follows:
((Subchapter IV Reserved Land
23.22.082 Land reserved for public use.
Any public agency with the power to acquire land by condemnation or otherwise for public use may, at any time prior to final approval of a preliminary plat, notify the Council and the subdivider of its intention to acquire some or all of the land in the proposed subdivision for public use, and may request that the Council require its dedication for the use. In the event the land is not dedicated for the use, the public agency may request that the Council require the reservation of the land for a stated period not to exceed the two (2) years following the Council's approval of the final plat, during which time the agency may acquire the land. If the Council finds that the public health, safety, or general welfare will be served, it may require as a condition precedent to approval of the final plat that the land or that part of it as the Council deems appropriate be designated on the plat as reserved land and that for the period requested or a shorter period as the Council deems sufficient, the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice with the King County Director of Records and Elections of its intention to abandon its right to acquire the reserved land.
23.22.084 Reserved land to show on plat.
The subdivider may indicate on the plat that if the reserved land is not acquired for public use, it shall be subdivided and if the subdivider does so the plat shall show the configuration and dimensions of the proposed lots, blocks, streets, easements and like features in the reserved area.
23.22.086 No development on reserved land.
No building permit or other development permit shall be issued for improvements on reserved land during the period of reservation unless the public agency has abandoned its rights and except as expressly authorized by the Council at the time the final plat is approved.
23.22.088 Development if not acquired.
If the public agency has not acquired or commenced proceedings to acquire the reserved lands within the period set by the Council, the subdivider may proceed to develop land lying within the reserved area in conformity with the final plat. No improvements shall be made upon reserved land which is made available for development until adequate security for development of all required public and protective improvements has been provided.))
Section 9. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this ___ day of _________________, 2025.
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)