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A. Decision-making process.
1. Short subdivisions. The planning official shall approve, approve with conditions or deny an application for a short subdivision preliminary plat by means of a Type II procedure, pursuant to VMC 20.210.050, using approval criteria contained in VMC 20.320.040, and additional requirements of Chapter 20.920 VMC if a qualifying infill development, and Chapter 20.927 VMC if a qualifying narrow lot development.
2. Subdivisions. The hearings examiner shall approve, approve with conditions or deny an application for a subdivision preliminary plat by means of a Type III procedure, pursuant to VMC 20.210.060, using approval criteria contained in VMC 20.320.040, and additional requirements of Chapter 20.920 VMC if a qualifying infill development or Chapter 20.927 VMC if a narrow lot development.
B. Term of preliminary plat approval. Approval of a preliminary short subdivision or subdivision shall be valid for a period of seven years, except as provided by RCW 58.17.140(3)(b), subject to verification of utility availability, during which time an application for final plat meeting all the requirements of this chapter and all conditions of preliminary plat approval shall be made; provided, that extensions of preliminary short subdivision or subdivision plat approval may be granted in accordance with the procedures and criteria set forth in subsection D of this section.
C. Phasing. The developer may develop the short subdivision or subdivision in phases. Any phasing proposal shall be submitted with application materials for the preliminary plat and approved by the review authority, except that the planning official may approve a phasing plan for an approved short subdivision or subdivision by means of a Type I procedure, governed by VMC 20.210.040, Type I Applications, upon finding that:
1. The phasing plan includes all land identified within the legal notice of the approval hearing;
2. The sequence of phased development is identified by map;
3. Each phase shall constitute an independent project meeting all of the requirements for density, open space, public and private infrastructure, landscaping, pedestrian and vehicle circulation, etc.; and
4. The director of public works and transportation manager have approved the necessary documents to determine that all streets, sanitary and storm sewers, water and other public improvements, including but not limited to drainage improvements, and erosion control measures are assured.
D. Extensions. Extension requests shall be reviewed in accordance with the following criteria:
1. An initial one-year extension request, which has been filed at least 30 days prior to the expiration of the seven-year period, shall be reviewed by the planning official by means of a Type I procedure, as governed by VMC 20.210.040, upon showing that the applicant has attempted in good faith to meet the conditions for the final plat within the seven-year period.
2. Two additional two-year extension requests may be granted by the planning official by means of a Type II procedure, as governed by VMC 20.210.050, providing the applicant demonstrates compliance with all of the following criteria:
a. The applicant has pursued compliance with all conditions of preliminary plat approval and submitting the final plat in good faith; and
b. There have been no changes to the comprehensive plan, zoning ordinance, development standards or other applicable codes that are inconsistent with the approved preliminary plat.
3. Short subdivisions or subdivisions that have been approved for phased development pursuant to subsection C of this section may receive subsequent two-year extensions in accordance with the criteria of subsection (D)(2) of this section so long as at least one phase received final plat approval and was properly recorded within four years prior to each such subsequent extension request.
E. Transportation concurrency. The approval of extensions notwithstanding, the applicant shall comply with the provisions of Chapter 11.70 VMC, Transportation Concurrency.
F. Land transfer agreements. Agreements to transfer land prior to final plat are authorized; provided, that the performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat or short plat approval is expressly conditioned on the recording of the final plat or short plat containing the lot, tract or parcel and shall comply with the requirements of 58.17.205 RCW. (Ord. M-4034 § 8, 12/03/2012; Ord. M-3959 § 22, 07/19/2010; Ord. M-3643, 01/26/2004)