Chapter 16.20
PRELIMINARY PLATS
Sections:
16.20.030 Procedures—Generally.
16.20.040 Subdivision application fee.
16.20.070 Review requirements.
16.20.100 Planning agency recommendation—Factors to be considered.
16.20.110 Planning agency recommendation—Decision.
16.20.120 City council action.
16.20.130 Approval—Conditions.
16.20.140 Decision—Notifications.
16.20.150 Relationship of approved preliminary plat to final plat—Time limit—Extension.
16.20.160 Decision—Review of—Appeals.
16.20.170 Agreements to transfer land conditioned on final plat approval.
16.20.180 Payment of services.
16.20.010 Administration.
A. The administrator is vested with the duty of administering and interpreting the subdivision provisions of this title;
B. The administrator may prepare and/or require the use of such forms or surveys as deemed necessary to administer this title;
C. The city of Brewster planning agency is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the Brewster city council to approve, approve with conditions, or deny any subdivision proposed within the city of Brewster. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.020 Requirements.
A. Any person desiring to subdivide land shall prepare a preliminary plat of the proposed subdivision along with a complete application which includes fees as set forth in 16.20.040A. Prior to the preparation, the applicant shall discuss with the administrator the procedure for adoption of a subdivision plat and city requirements as to general layout of streets, dedications of land, street improvements, provision for drainage, sewage, fire protection, other similar improvements, and the availability of existing services and utilities. To this end, the applicant is encouraged to request a preapplication conference as set forth in Section 16.16.010.
B. The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals one hundred feet, unless the administrator requests or authorizes a different scale, and which shall include the following information which shall be shown on the plat if practicable; but if not, by separate accompanying statements,
1. General Information.
a. Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in the city of Brewster;
b. Location of the subdivision by section, township and range;
c. Names, addresses and telephone numbers of the owners, subdivider, designer of the subdivision and the licensed surveyor and engineer if appropriate;
d. Scale, north arrow and date;
e. A full and correct legal description of the land contained within the proposed subdivision;
f. A legal description of all adjacent land owned by the applicant and general information as to the location and estimated extent of each additional plat which may be submitted, if any;
g. A vicinity sketch at a scale between four hundred and eight hundred feet to the inch shall accompany the preliminary plat. The vicinity sketch shall show all adjacent subdivisions, streets and tract lines of adjacent parcels, with the names of owners of record of such parcels when described by metes and bounds. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in all adjacent territory so that an advantageous development of the entire area can be achieved.
2. Existing Conditions.
a. Boundary lines of the proposed subdivision including monuments and markers, approximate distance and area enclosed and all land immediately adjacent extending one hundred feet in all directions of the proposed plat perimeter,
b. Existing restrictive covenants,
c. Elevations shall be shown by contour lines at a minimum of five-foot intervals or sufficient intervals as determined by the administrator to show the topography of the land,
d. The location, name, designation as to public or private, present improvements and right-of-way width, and type of surfacing of all streets, alleys and rights-of-way on and adjacent to the tract; location of any existing walks, curbs, gutters; the location, pipe size and grades of all existing sewers, water mains, culverts, buried electrical or telephone conduits and surface and subsurface drains, railroad lines or other private improvements, and utilities including storm drains,
e. Approximate width, location and purpose of all existing easements,
f. The approximate location of all designated floodways and one-hundred-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses,
g. Existing uses of the property, including the location and use of all existing structures and those structures which will remain on the property after platting;
3. Proposed Subdivision Plat.
a. The location, name, intention to make public or private, right-of-way or easement width, approximate radii of curves and grades and gradients of all proposed streets, alleys or roads within or on the boundary of the proposed subdivision,
b. Location, width and purpose of all easements other than for roadway purposes,
c. Proposed uses of the property,
d. Approximate dimensions of all lots with proposed lot and block numbers. Lot sizes shall be in compliance with the applicable zoning laws,
e. The locations, size and existing use of all existing and contemplated public areas within the proposed subdivision. Areas designated for public use as recommended by the planning agency, shall be dedicated for such use by easement to the city of Brewster if approved by city council and indicated on the final plat before recording,
f. A brief statement and preliminary layout of proposed facilities regarding the contemplated sewage disposal, water supply and drainage improvements for the proposed subdivision. The administrator may require the installation of water, sewer, and storm drainage lines in streets within the subdivision, or easements therefor, in accordance with Chapter 16.32 and with the recommendations of the consulting engineer,
g. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by Section 58.17.310 RCW as it now exists or as may be hereafter amended,
h. Minimum building setback lines according to applicable zoning laws. A “typical lot” may show setbacks for all regular-shaped interior lots. All setback lines must be shown on irregularly shaped lots and corner lots, and
i. If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary plat,
4. A copy of all proposed restrictive covenants shall be provided;
5. A title certificate consisting of a report showing all parties having any full or partial interest(s) in the property to be subdivided;
6. Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act [SEPA]) and the city’s SEPA ordinance, Title 14 of the Brewster Municipal Code, as they now exist or may be hereafter amended;
7. Names and address of all landowners within three hundred feet of the exterior boundaries of the property proposed for platting as those names appear on the records of the Okanogan County assessor;
8. Names and address of all landowners as those names appear in the records of the Okanogan County assessor’s office within three hundred feet of real property located adjacent to the proposed subdivision which is also owned by the owner of the real property proposed to be subdivided,
9. Should the application involve the redivision of any or all of the existing platted area, the original plat shall be shown with dotted lines in their proper relationship with the new arrangements to the proposed plat. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.030 Procedures—Generally.
The procedures and requirements set forth in this chapter shall be followed in submission and approval of preliminary plats. It is intended that, to the extent possible, preliminary plat reviews will be processed simultaneously with any applications for rezones, planned developments, conditional use permits, and similar quasijudicial or administrative actions that may be required. If requested by the applicant, the city may process an annexation concurrently with a subdivision application. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.040 Subdivision application fee.
A. The submittal of an application for preliminary plat shall be accompanied by a nonrefundable subdivision application fee as specified in the adopted city of Brewster fee resolution. Upon receipt of the application fee, the application will be deemed complete and the Administrator shall affix a receipt date on the application. No application shall be processed until the application has been deemed complete including payment of the application fee.
B. Additional fees for staff review or engineering services for review of the preliminary plat shall be paid by the applicant prior to preliminary plat approval in accordance with fees and charges established by council resolution. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.050 Submission.
A. The subdivider, following a preapplication conference if requested, shall submit an application for preliminary plat approval along with the application fee to the administrator.
B. The administrator then reviews the application and related materials for completeness. Once the administrator determines the application contains the requisite information and materials, he/she shall:
1. Request the applicant to submit fifteen copies of the proposed preliminary plat and supplementary material as specified in Section 16.20.020;
2. Upon receipt of the copies, he/she shall deem the application complete and affix a receipt date;
3. Circulate the application and related materials for department heads, planning agency and affected agency review as required by Section 16.20.070; and
4. Schedule and provide notice of the public hearing as specified in Sections 16.20.060. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.060 Hearing—Notice.
A. When a complete preliminary plat application has been submitted, the administrator shall establish the date and time for a public hearing on the plat before the planning agency which should not be more than sixty days from the date of receipt thereof, except when the hearing is extended to allow for compliance with the State Environmental Policy Act (Chapter 43.21C RCW). The date of receipt is the date the administrator accepts the submission as a complete application.
B. Notice of the public hearing, stating the time, place and purpose for which the hearing is to be held, shall be published not less than ten days prior to the hearing, in a newspaper of general circulation. Notice of the hearing shall be mailed by the administrator at least ten days prior to the date of the hearing, to the owners of all properties within three hundred feet of the exterior boundaries of the parent parcel being subdivided and to the owners of all properties within three hundred feet of the exterior boundaries of any adjacent property owned by the owners of the parent parcel, as such owners appear on the records of the Okanogan County assessor.
C. Notice shall be given to cities or towns located within one mile of the proposed subdivision and the State Department of Transportation Secretary when the proposed subdivision is located adjacent to a state highway right-of-way or within two miles of the boundary of a state or municipal airport in accordance with Section 58.17.080 RCW, as it now exists or is hereafter amended.
D. Notice shall be given to interested agencies in accordance with Section 16.20.070.
E. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch, address or a written description other than a legal description, but shall include reference to the section, township and range. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.070 Review requirements.
A. Copies of the preliminary plat, supplementary material, and environmental documents shall be forwarded by the administrator to the following agencies, as deemed appropriate, at least thirty days prior to the hearing date for their respective recommendations, if any:
1. City department heads;
2. Okanogan County health district;
3. City consulting engineer;
4. County assessor, planner and/or public works;
5. Any affected irrigation district and/or public or private utilities (electrical, telephone, cable, water, etc.);
6. Soil conservation service;
7. Any school district or fire district encompassing any of the area included in the preliminary plat;
8. Any governmental agencies concerned including nearby cities, and appropriate state and federal agencies. State agencies may include Departments of Fisheries, Wildlife, Ecology, Health, etc. depending on location and scope of project. Federal agencies may include the Environmental Protection Agency, Corps of Engineers, Fish and Wildlife Service, Bureau of Reclamation, Bureau of Indian Affairs, etc. depending on location and scope of project; and
9. Planning agency.
B. The Okanogan County health district may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision.
C. The above agencies shall all also be sent a notice of public hearing. The recommendations of the public agencies, if any, shall be submitted to the city of Brewster a minimum of seven days prior to the hearing provided for in Section 16.20.090. Failure to report to the administrator in writing within the time specified herein, shall be interpreted to indicate the proposed subdivision will not adversely affect any matters of concern to or under the jurisdiction of such agencies. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.080 Staff report.
The administrator shall prepare a staff report, including findings of fact, to present to the planning agency. The staff report shall include a review of the proposed plat and any comments received from commenting agencies and departments and interested citizens. The report shall also review the proposed plat’s conformance with subdivision standards, other land use regulations, and the city comprehensive plan. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.090 Public hearing.
A. The planning agency shall hold at least one public hearing to provide the public and other interested parties the opportunity to comment on the proposed preliminary plat. The hearing shall include the opportunity for the applicant to present the proposed preliminary plat, an opportunity for the public to submit written and verbal comments and to allow affected departments, agencies and others to submit their written or verbal comments.
B. A record of the public hearing (minutes and tape recording) shall be kept by the city clerk and shall be open to public inspection. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.100 Planning agency recommendation—Factors to be considered.
A. The planning agency shall consider the following when preparing its recommendation to the city council:
1. Staff report, agency, department or other reports and comments;
2. Public testimony and all other relevant facts;
3. The SEPA Checklist and Determination submitted with the proposal shall be incorporated as a condition for approval of the proposal unless modified by the planning agency and approved by the administrator and/or the city council.
B. The planning agency must consider whether the proposed subdivision makes appropriate provisions for, but not limited to public health, safety and general welfare, for open spaces, drainage ways, irrigation provisions pursuant to Section 58.17.3 10 RCW as now exists or may be hereafter amended, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and including the Brewster comprehensive plan, the Brewster zoning ordinance, and other land use controls, and whether the public use and interest will be served by the platting of such subdivision.
C. If the planning agency finds that the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning agency shall recommend approval of the preliminary plat to the city council, providing requirements for preliminary plat approval are completed prior to submittal to the city council.
D. If the planning agency finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, the planning agency shall recommend disapproval of the preliminary plat, or shall recommend appropriate changes or conditions be attached to the preliminary plat to insure that the public use and interest will be served
E. Pursuant to Section 58.17.120 RCW, as it now exists or may be hereafter amended, the planning agency shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of the proposed plat because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval and such conditions shall be noted in the final plat.
F. No plat shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW, without the prior written approval of the Department of Ecology. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.110 Planning agency recommendation—Decision.
A. The planning agency shall, not later than fourteen days following the action by the planning agency, submit to the city council a recommendation for approval and state conditions, if any, of such approval, or recommend disapproval. The recommendation of approval or disapproval shall be based upon the factors specified in Section 16.20.100 and every such recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation including, but not limited to a finding that the proposed subdivision is in conformity with the Brewster zoning ordinance or other land use regulations and has access to adequate urban services. Any conditions to be fulfilled shall be incorporated in the planning agency’s written recommendation.
B. The administrator shall transmit a copy of the planning agency’s recommendation to the city council, department heads, the health district, the subdivider and the subdivider’s surveyor or engineer and all parties that submitted input and requested a notice of action during the hearing process. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.120 City council action.
The recommendation of the planning agency shall be submitted to the city council, not later than fourteen days following their action on the proposed subdivision. Upon receipt of the recommendation, the city council shall, at the next public meeting set the date for the public meeting where it shall consider the recommendations of the planning agency based on the record established at the public hearing. If after considering the matter at a public meeting, the city council deems a change in the recommended action is necessary, it shall adopt its own recommendations including findings of fact and conclusions in support thereof and approve or disapprove the preliminary plat. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.130 Approval—Conditions.
A. Pursuant to Section 58.17.110 RCW, as it now exists or may be hereafter amended, the city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.
B. The city council shall determine if appropriate provisions are made for, but not limited to the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and determine whether the public use and interest will be served by the subdivision and dedication.
C. The city council shall also consider any recommendation from the planning agency regarding any physical constraints, SEPA mitigation measures, or other conditions to protect the health, safety and welfare affecting the proposed plat, and may require protective improvements as a condition of the approval. Any such requirement shall be noted on the face of the plat.
D. If the city council finds that the proposed plat makes such appropriate provisions as set forth in this section then it shall be approved. If the city council finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, the city council may disapprove the proposed plat.
E. Dedication of land to any public body, provision of public improvements to serve the subdivision and/or impact fees imposed under RCW 82.02.050 through 82.02.090 and pursuant to Chapter 16.36 of the Brewster Municipal Code as now exists or as may be hereafter amended paid in lieu thereof, may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.140 Decision—Notifications.
The decision of the Brewster city council shall be in writing and shall include findings of fact and conclusions to support the decision, shall be sent to the subdivider and the subdivider’s surveyor or engineer and all parties participating, who requested such notification, in the hearing process. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.150 Relationship of approved preliminary plat to final plat—Time limit—Extension.
A. The approved preliminary plat together with its conditions of approval shall constitute a guide to the applicant for the preparation of the final plat and to the city council for conditions under which the final plat is to be approved. A final plat meeting all the requirements of this title, Chapter 58.17 RCW, and other applicable regulations shall be submitted to the city council for approval within five years from the date of preliminary plat approval by the city council.
B. An applicant who files a written request with the city council at least thirty days before the expiration of this five-year period may be granted one one-year extension upon the showing that the applicant has attempted in good faith to submit the final plat within the five-year period. The city council may consider additional or altered conditions and requirements in the granting of such an extension. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.160 Decision—Review of—Appeals.
Any decision approving or disapproving any plat shall be reviewable pursuant to RCW 58.17.180 and RCW 36.70C, the Land Use Petition Act as they now exist or as may be hereafter amended. A land use petition shall be filed in the Okanogan County superior court within twenty-one days of the issuance of the city council’s decision. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.170 Agreements to transfer land conditioned on final plat approval.
If the performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement is not subject to Section 58.17.200 or 58.17.300 RCW and does not violate any provisions of the chapter. 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 and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.20.180 Payment of services.
When deemed necessary, the city may retain outside consultants to evaluate any phase of plat review and construction; the cost of such services shall be borne by the subdivider who shall be billed for the actual cost to the city. Billings shall be tendered and payable within thirty days. (Ord. 626 § 2 (Exh. A) (part), 1995)