Chapter 12.08
MAJOR SUBDIVISIONS
Sections:
12.08.040 Applicability.
12.08.080 Preliminary plat – Application – Public hearing and notice.
12.08.120 Preliminary plat – Complete application requirements.
12.08.160 Preliminary plat – Design standards and dedications.
12.08.200 Preliminary plat – Minimum improvement standards.
12.08.240 Preliminary plat – Administrator review.
12.08.280 Preliminary plat – City council review.
12.08.290 Preliminary plat – Criteria for approval.
12.08.300 Preliminary plat – Findings and conclusions.
12.08.320 Preliminary plat – Time limit on action.
12.08.360 Preliminary plat – Notice of decision.
12.08.400 Preliminary plat – Duration of approval.
12.08.440 Irrigation water district approval.
12.08.480 Final plat – Submittal deadline.
12.08.520 Final plat – Application.
12.08.540 Final plat – Administrative action.
12.08.600 Final plat – Filing.
12.08.640 Final plat – Inspection fee.
12.08.680 Waivers.
12.08.040 Applicability.
This chapter shall apply to every subdivision of land into 10 or more parcels, tracts or lots. [Ord. 4357, 2003; Ord. 3235 § 6, 1979.]
12.08.080 Preliminary plat – Application – Public hearing and notice.
All applications shall be submitted to the administrator. Upon receipt of an application for a preliminary plat, the administrator shall set a date for a public hearing before the city council and distribute copies of the preliminary plat as required by law.
If an environmental impact statement is required, then any decision on the preliminary plat by the city council shall not occur until acceptance of the final environmental impact statement by the SEPA responsible official.
Public notice shall be accomplished by the following:
A. Publish notice in a newspaper of local general circulation at least 10 days prior to a hearing date. Such notice shall include a legal description of the proposed subdivision and/or a vicinity location sketch and a locational description, existing zoning and the time and place of the hearing.
B. At least 10 days prior to the hearing date, written notice by U.S. mail to every property owner whose name appears on the records of the county assessor situated 300 feet from the exterior boundaries of the proposed plat and to the county planning office, if the plat abuts the corporate limits of the city. [Ord. 4289, 2001; Ord. 4028 § 11, 1996; Ord. 3906 § 1, 1994; Ord. 3891 § 1, 1993; Ord. 3235 § 7, 1979.]
12.08.120 Preliminary plat – Complete application requirements.
An application for a preliminary plat shall not be determined to be complete until all of the following have been submitted:
A. Application fee of $1,200.
B. The preliminary plat drawing on an 18-inch-by-24-inch mylar or similar reproducible material and 10 copies of same along with one reduced (maximum of 11 inches by 17 inches) copy of the preliminary plat drawing, all as prepared by a professional land surveyor licensed in the state of Washington which shall include:
1. Vicinity sketch showing the parcel boundaries and the major street system within a one-quarter-mile radius;
2. Zoning of the tract proposed for subdivision;
3. Location and size of existing and proposed utilities, railroads and irrigation rights-of-way;
4. Plan view of proposed streets, their names and widths, pedestrian ways, all utilities and easements;
5. Location and size of all proposed ditches, culverts, catch basins, detention or retention ponds or other parts of the design for the control of surface water drainage;
6. Approximate boundaries of all areas subject to irrigation or storm water overflow and the location, width and direction of flow of all watercourses and the extent of the 100-year flood flow from said watercourses;
7. Name and address of the owner(s) of the property to be subdivided and mortgagee(s) of said property;
8. Legal description of the property to be subdivided;
9. Surveyed boundary lines of property to be subdivided and the acreage;
10. Name, address and official seal of the licensed professional land surveyor preparing the plat;
11. All existing monuments and markers found;
12. Date, scale and north arrow. The scale shall be 100 feet to the inch unless otherwise approved by the city engineer;
13. Lot dimensions, lot area in square feet and number of lots and blocks. Lots and blocks should be numbered consecutively from one to total number of lots;
14. Parcels of land intended to be dedicated for public use or reserved for use of owners of the property in the subdivision;
15. Location of all existing and proposed rights-of-way and easements.
C. Additional Information Required.
1. A recorded copy of the deed for the property proposed for subdivision and recorded copies of the deeds for all property abutting that proposed for subdivision;
2. A title report on the property proposed for subdivision;
3. Copies of all existing or proposed restrictive covenants to be imposed upon land in the subdivision;
4. Names and addresses of all property owners within 300 feet of the boundaries of the property proposed for subdivision as those names appear on the records of the county assessor;
5. Any information in the opinion of the administrator which is necessary to determine if the proposed subdivision makes appropriate provision for physical problems or hazards involving public health, safety and/or welfare. [Ord. 4467 § 6, 2007; Ord. 4446 § 4, 2006; Ord. 4289, 2001; Ord. 4028 § 12, 1996; Ord. 3235 § 8, 1979.]
12.08.160 Preliminary plat – Design standards and dedications.
A. In order to meet the public interest:
1. A preliminary plat shall conform to the applicable zoning standards of the city of Ellensburg zoning ordinance, codified in ECC Title 13;
2. A residential subdivision shall conform to all applicable lot standards;
3. Each lot in a residential subdivision shall be provided with satisfactory access established consistent with the requirements of the public works development standards and ECC Title 4, Public Works Construction;
4. Each lot in a residential subdivision shall be provided with adequate provisions for water supplies and sanitary wastewater facilities consistent with the requirements of the public works development standards and ECC Title 9, Utilities; and
5. Approval of subdivisions may be conditioned upon dedications to the city of drainage ways, other public ways, water supplies, sanitary waste facilities, parks, playgrounds, sites for schools, and other needs of the public.
B. In furtherance of meeting that public interest, a preliminary plat shall conform to the following standards:
1. Lots.
a. Lot area, width and depth shall meet the minimum standards of the zoning classification for the proposed use. An exception to the minimum frontage requirements may be made if necessary to accommodate unusual topographical or property configuration conditions. In such cases, the area required for access shall not be included in calculating lot area. Such lots of less than required frontage shall not be allowed if problems of vehicular access result.
b. In general, lots shall be at right angles to street lines or radial to curved street lines.
c. Lots abutting upon a major arterial shall be oriented with the rear yard nearest the arterial and fronting on an internal access street, if possible.
d. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements.
2. Streets.
a. Principal Streets. Existing arterial and collector streets shall be continued through the new subdivision at the same or greater width, unless otherwise recommended by the engineering department and all arterial, collector, local, and private access streets where allowed shall be developed in compliance with the requirements of the public works development standards.
b. Street Alignment. The alignment of all streets shall comply with the requirements of the public works development standards and shall be reviewed and approved by the city engineering department.
c. Street Intersections. Lots at street intersections shall have a curb radius as established in the public works development standards.
3. Blocks. Blocks shall be as established in the public works development standards. Blocks shall be wide enough to allow two tiers of lots, except where fronting on major streets, or prevented by topographical conditions, or size of property.
4. Water System. Water mains shall be provided and designed as established in the public works development standards.
5. Sewage Systems. Sewer mains shall be provided and designed as established in the public works development standards.
6. Specific Design Specifications. Specific design specifications not listed in this section for all required improvements shall conform to the public works development standards. [Ord. 4446 § 5, 2006; Ord. 4289, 2001; Ord. 4028 § 13, 1996; Ord. 3383 § 1, 1982; Ord. 3235 § 9, 1979.]
12.08.200 Preliminary plat – Minimum improvement standards.
In order to meet the public interest, the following minimum improvements shall be required:
A. Installation of concrete curbs and gutters according to the public works development standards.
B. Construction of streets in accordance with the public works development standards.
C. Installation of monuments and monument cases in accordance with the public works development standards.
D. Installation of storm drainage system including inlet, pipe, manholes, detention or retention facilities if deemed necessary, all in accordance with the public works development standards.
E. Installation of iron pipe or reinforcing rods at the corners of all lots, plots or tracts in accordance with the public works development standards.
F. Construction of sidewalks on abutting sides of all public streets in accordance with the public works development standards.
G. Installation of water and sewer mains, water service lines and side sewers to serve each lot platted in accordance with the public works development standards.
H. Installation of underground ducts, manholes and vaults to accommodate the electrical distribution system. Trenching for communication and television signal service with ducting provided for communication and television service at the right-of-way crossings. Duct shall be a minimum of four-inch PVC type for the electrical system and two-inch PVC type for communication and television service, unless otherwise recommended by the respective utilities. [Ord. 4446 § 6, 2006; Ord. 4289, 2001; Ord. 3919 § 2, 1994; Ord. 3235 § 10, 1979.]
12.08.240 Preliminary plat – Administrator review.
The administrator shall review the preliminary plat application and submit recommendations to the city council within 45 days of receipt of the complete preliminary plat application. [Ord. 4289, 2001; Ord. 4028 § 14, 1996; Ord. 3235 § 11, 1979.]
12.08.280 Preliminary plat – City council review.
Upon receiving receipt of planning commission, staff, SEPA responsible official, and any other applicable review or recommendation on a preliminary plat, the city council may adopt, reject, or adopt with modifications and conditions a preliminary plat. Public meetings subsequent to the initial public hearing may be held by the city council; however, no additional open record public hearings may be held by the city council on a preliminary plat. [Ord. 4446 § 7, 2006; Ord. 4028 § 15, 1996; Ord. 3891 § 1, 1993; Ord. 3235 § 12, 1979.]
12.08.290 Preliminary plat – Criteria for approval.
In its review of the preliminary plat, the city council shall make an inquiry into the public use and interest proposed to be served by the establishment of the subdivision and/or dedication, and shall consider:
A. Whether the preliminary plat conforms to ECC 12.08.120 through 12.08.200;
B. If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider 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
C. Whether the public interest will be served by the subdivision and dedication. [Ord. 4289, 2001.]
12.08.300 Preliminary plat – Findings and conclusions.
The city council shall not approve any preliminary plat unless written findings are made that:
A. The preliminary plat conforms to ECC 12.08.120 through 12.08.200;
B. Appropriate provisions are made for the public health, safety, and general welfare and for other such open spaces, drainage ways, streets or roads, alleys, 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
C. The public use and interest will be served by the platting of such subdivision and dedication. [Ord. 4289, 2001.]
12.08.320 Preliminary plat – Time limit on action.
An application for a preliminary plat shall be approved, approved conditionally or disapproved by the city council within 90 days from the date of filing unless the applicant consents to a time extension; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement. [Ord. 4289, 2001; Ord. 4028 § 16, 1996; Ord. 3235 § 13, 1979.]
12.08.360 Preliminary plat – Notice of decision.
The administrator shall notify the applicant by mail within 10 days after final city council action. The action shall be noted on two copies of the preliminary plat, including reference to any attached documents describing conditions imposed by the city council. One copy shall be returned to the applicant and one copy retained for the permanent file. [Ord. 4289, 2001; Ord. 3235 § 14, 1979.]
12.08.400 Preliminary plat – Duration of approval.
For all plats that are granted preliminary plat approval between June 10, 2010, and December 31, 2014, approval of the preliminary plat shall be effective for seven years from the date of approval by the city council, during which time the final plat or plats may be submitted.
For all plats granted preliminary plat approval prior to June 10, 2010, and that are still within the then-applicable five-year preliminary plat duration of approval, or that may have been granted an extension to that duration of approval and said extension time period is still running, the duration of approval shall be effective for seven years from the date of original preliminary plat approval by the city council, during which time the final plat or plats may be submitted.
For all plats granted preliminary plat approval after December 31, 2014, the duration of approval shall be effective for five years from the date of preliminary plat approval by the city council, during which time the final plat or plats may be submitted. [Ord. 4572 § 1, 2010; Ord. 4289, 2001; Ord. 3235 § 15, 1979.]
12.08.440 Irrigation water district approval.
Any plat which lies in whole or in part in an irrigation district organized pursuant to Chapter 87.03 RCW shall provide for such irrigation water rights-of-way and any other improvements as shall be required by the irrigation district for each parcel of land in such district and such rights-of-way shall be evidenced by the respective plats submitted for final approval to the city council. [Ord. 4289, 2001; Ord. 3235 § 16, 1979.]
12.08.480 Final plat – Submittal deadline.
For all plats that are granted preliminary plat approval between June 10, 2010, and December 31, 2014, the applicant shall submit to the subdivision administrator the final plat application within seven years of the date of preliminary plat approval.
For all plats granted preliminary plat approval prior to June 10, 2010, and that are still within the then applicable five-year final plat submittal deadline, or that may have been granted an extension to that final plat submittal deadline, and said extension time period is still running, the applicant shall submit to the administrator the final plat application within seven years of the date of the original preliminary plant approval.
For all plats granted preliminary plat approval after December 31, 2014, the applicant shall submit to the subdivision administrator the final plat application within five years of the date of preliminary plat approval.
Failure to submit the final plat application within those time periods will result in a lapse of the preliminary plat approval. [Ord. 4568 § 3, 2010; Ord. 4540 § 1, 2009; Ord. 4517 § 1, 2008; Ord. 4289, 2001; Ord. 3235 § 17, 1979.]
12.08.520 Final plat – Application.
The final plat application shall include the following:
A. A final plat drawing on an 18-inch-by-24-inch mylar or similar reproducible material plus one reduced (maximum of 11 inches by 17 inches) copy of the plat containing:
1. Name of the owner(s) of the property being subdivided and mortgagee(s) of said property, if any;
2. Legal description of the property;
3. Boundary and lot lines, lot dimensions, lot area in square feet and lot and block numbers;
4. Name and official seal of the licensed professional surveyor preparing the plat certifying that the plat is a true and accurate survey;
5. All existing monuments and markers found;
6. Date, scale and north arrow. The scale shall be 100 feet to the inch, unless otherwise approved by the city engineer;
7. Location of all rights-of-way and easements;
8. Statements of approval and places for signatures for the administrator, city engineer, city energy services director, community development director, surveyor preparing the plat, the mayor of the city of Ellensburg, irrigation water district representative if applicable, and the county auditor;
9. A certification signed by the county treasurer’s office that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid;
10. A notarized acknowledgment by the owner(s) of the adoption of the plat and the dedication of streets and other public areas;
B. Engineering design drawings for all required minimum improvements as shown on the preliminary plat drawing, which drawings shall meet the requirements of the public works development standards, and be approved by the city engineer prior to filing of the final plat;
C. A title report of the property to be subdivided if the final plat application is not submitted to the administrator for review within 120 days of the approval of the preliminary plat application;
D. A subdivision improvements agreement including the following:
1. Public improvements to be provided in the subdivision as shown on the approved engineering design drawings;
2. Estimated cost of constructing said public improvements;
3. Phases of development of subdivision, if phasing is provided for in the preliminary plat approval, and completion dates for said phases;
4. Provisions for the dedication of park land or payment of fees in lieu of land;
5. A bond guaranteeing the installation of the public improvements which shall meet the requirements of the public works development standards and be approved and accepted by the city engineer;
6. In lieu of a bond the applicant may fulfill the public improvements requirement by actually installing the minimum improvements under the direction of the city engineer. [Ord. 4446 § 8, 2006; Ord. 4289, 2001; Ord. 4028 § 17, 1996; Ord. 3235 § 18, 1979.]
12.08.540 Final plat – Administrative action.
A. Upon receipt of the final plat, the subdivision improvements agreement, the certificate of title, engineering design drawings and other required information, the city council shall have 30 days for review to determine conformance with the approved preliminary plat and all applicable regulations and standards. The city council shall make written findings of fact relating to its decision on the final plat and, if approved, shall direct the mayor to sign the final plat. Upon approval by the city council, the administrator, the city energy services director, and the city engineer shall sign the final plat document and shall present the final plat document to the mayor for signature. The final plat shall then be presented to the county treasurer for review and signature. Such signatures and approval of the final plat document shall be subject to the following determinations:
1. The requirements of Chapter 58.17 RCW and other applicable state law, the city’s comprehensive plan, and any other applicable city ordinances that were in effect at the time of preliminary plat approval, and this title have been met.
2. Conditions imposed on the preliminary plat approval, if any, have been met.
3. The bond or other proposed security meets the requirements of the public works development standards and has been approved and accepted by the city engineer.
B. If the final plat is not approved by city council, the decision, along with reasons for denial, shall be communicated in writing to the applicant. [Ord. 4446 § 9, 2006; Ord. 4289, 2001; Ord. 4028 § 18, 1996; Ord. 3235 § 19, 1979.]
12.08.600 Final plat – Filing.
The subdivision shall not be officially complete until the signed original final plat and subdivision improvements agreement have been recorded with the county auditor. Said documents shall be recorded by the administrator within 10 working days after city council approval in the presence of the applicant and with the cost of recording paid by the applicant. Filing of the final plat shall not relieve the property owner of the obligation to complete the minimum public improvements.
A. Building permits may be issued for a portion of the lots or tracts resulting from the subdivision action only if all of the following conditions are first satisfied:
1. All public improvements must either be accepted as complete by the city, or partially completed as specified hereinbelow with the remainder of the improvements secured by a surety guarantee as provided for in ECC 12.08.520.
2. The signed original final plat and any applicable subdivision improvements agreements must be recorded with the Kittitas County auditor.
3. The municipal water system for that portion of the development included in the recorded final plat must be accepted as complete by the city. This includes the placement and charging of all fire hydrants included with the water system.
4. Initial installation of all sanitary sewer mains for that portion of the development included in the recorded final plat shall be completed to the point that no additional trenching within the subdivision will be required for sanitary sewer mains.
5. Street improvements required to serve those lots or tracts of record for which building permits are sought shall be completed in accordance with the following options:
a. Placement of gravel base for street improvement just prior to final paving of the street surface; or
b. Placement of gravel on a defined access way and turning area servicing the lots or tracts requested for building permits and maintenance of such surface sufficient to support the passage of the city’s emergency vehicles. The authority to approve the initial and continuing use of such temporary access shall be the fire chief’s, or his/her designee, according to the applicable provisions of the city’s fire code.
B. Independent of the above requirements, any unsubdivided lot or tract included in the subdivision meeting all of the applicable zoning and general development requirements of the city may be issued a building permit for a primary structure or use only if said lot or tract does not already contain a primary structure or use and further is approved by the fire chief for adequacy of location and function of existing fire hydrants and adequate access for emergency vehicles as set forth above in subsection (A)(5)(b) of this section. Permits for accessory buildings may be considered for existing uses and subject to all city development regulations. [Ord. 4362, 2003; Ord. 4028 § 20, 1996; Ord. 3891 § 3, 1993; Ord. 3235 § 21, 1979.]
12.08.640 Final plat – Inspection fee.
The applicant shall reimburse the city engineering department for costs of inspecting minimum improvements required by the city of Ellensburg. This fee shall be determined by the engineering department based upon the provisions contained in the public works development standards and ECC Title 4, Public Works Construction. [Ord. 4446 § 10, 2006; Ord. 3235 § 22, 1979.]
12.08.680 Waivers.
All subdivisions undertaken under the authority of this code shall be required to complete the full public improvements outlined in ECC 12.08.200, Preliminary plat – Minimum improvement standards, which are applicable to the property made part of the subdivision. No deferrals or waivers, except as outlined in ECC 4.06.060, shall be considered. [Ord. 4026 § 4, 1996; Ord. 3255 § 1, 1980; Ord. 3235 § 23, 1979.]