Chapter 16.08
SUBDIVISIONS
Sections:
16.08.010 Applicability.
16.08.020 Administrator’s duties.
16.08.030 Application – Fees.
16.08.040 Adequacy and distribution of plats and plans.
16.08.050 Time limitation.
16.08.060 Approval.
16.08.070 Minimum improvements.
16.08.080 Filing – Short subdivision requiring a new dedication.
16.08.090 Filing – Short plats and short subdivisions.
16.08.100 Appeals.
16.08.110 Resubdivision prohibited.
16.08.010 Applicability.
Every division of land into two or more but less than five lots, plots, sites, parcels, or tracts within the corporate limits of the city of Entiat shall proceed in compliance with this code. (Ord. 572 § 1, 2001)
16.08.020 Administrator’s duties.
The administrator of this code is vested with the authority to approve, approve with conditions, or disapprove proposed short plats. (Ord. 572 § 1, 2001)
16.08.030 Application – Fees.
Any person desiring approval of a short subdivision shall file with the administrator a completed application for short subdivision approval and a filling fee as adopted according to Chapter 3.10 EMC, together with 10 copies of a sketch of the proposed short subdivision along with written data in such form that, when read together, discloses the following information:
(1) A legal description of the area being subdivided and a legal description of all proposed lots;
(2) The names, addresses and telephone numbers of all persons holding interest in the land;
(3) The boundaries of the section (or portion thereof) within which the short subdivision lies;
(4) The boundary lines of the short subdivision and of the lots within it;
(5) The locations of existing roads, easements, important natural features, and improvements within the short subdivision;
(6) A layout of proposed roads and easements;
(7) The boundaries of all parcels dedicated or reserved for public or community uses;
(8) Location of proposed water distribution systems, sewage disposal systems and surface drainage systems;
(9) A certificate bearing the typed or printed names of all persons having an interest in the divided land, signed and acknowledged by them before a notary public, which (a) states their consent to the division of land, and (b) grants a waiver by them of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of public roads;
(10) A space for approval by the administrator; and
(11) Any analysis required under EMC Title 17, Division 2, Critical Areas Regulations;
(12) The following signature block must be printed on all mylars hereinafter presented for recording per Resolution No. 97-42, adopted April 1, 1997, by the board of Chelan County commissioners:
TREASURER’S CERTIFICATE
I hereby certify that all taxes and assessments which have been levied and become chargeable against the above described property for the year ______ and preceding years have been duly paid, satisfied and discharged in the amount of _________, and have been deposited with the Chelan County Treasurer this _____ day of _______ (year).
(Ord. 572 § 1, 2001)
16.08.040 Adequacy and distribution of plats and plans.
If the administrator determines that the proposed short plat contains sufficient elements and data to furnish a basis for approval or disapproval, and that the sketch of proposed roads, utilities, and other improvements is adequate to aid the city engineer in approving or disapproving the construction of future improvements, the administrator shall affix a file number and date of receipt to the application, and within five days shall distribute copies of the proposed plat to those agencies listed below which, in his/her judgment, should make a review. Upon receipt of the application, these agencies shall be requested within 15 working days to return their written comments:
(1) City engineer;
(2) Chelan-Douglas health district;
(3) Chelan County assessor;
(4) Public Utility District No. 1;
(5) Fire District No. 8;
(6) Washington State Department of Transportation if the subdivision abuts on a state highway;
(7) General Telephone Company;
(8) City public works;
(9) City building inspector;
(10) Chelan County public works department;
(11) Chelan County planning department;
(12) Washington State Department of Ecology;
(13) Washington State Department of Fish and Wildlife;
(14) Other appropriate agencies. (Ord. 572 § 1, 2001)
16.08.050 Time limitation.
Within 30 days following the filing of a complete application, or such additional period as the subdivider may authorize, the administrator shall approve or pursue disapproval of the proposed short subdivision, and shall so notify the applicant in writing. (Ord. 572 § 1, 2001)
16.08.060 Approval.
The administrator or his/her duly appointed representatives shall approve outright, or with conditions, a short subdivision when all of the following conditions exist and written findings are issued to support:
(1) When all zoning code standards and the requirements imposed by other city codes and ordinances have been met.
(2) The public interest will be served by the subdivision and dedication.
(3) That 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 school grounds, 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.
Every decision or recommendation on a short subdivision processed in accordance with this code shall be made in writing and shall include findings of fact and conclusions to support the decision or recommendation. (Ord. 572 § 1, 2001)
16.08.070 Minimum improvements.
Improvements in short subdivisions shall be installed as determined by the city engineer or public work supervisor. (Ord. 572 § 1, 2001)
16.08.080 Filing – Short subdivision requiring a new dedication.
Each short subdivision containing a new dedication to the public shall be surveyed and monumented by a registered land surveyor and a plat recorded with the auditor which shall consist of one or more pages clearly and legibly drawn on a stable base mylar, polyester film or equivalent approved material, and shall contain a map of the short subdivision, the horizontal scale of which shall be 100 feet to the inch, or as allowed by the administrator, together with written data in such form that, when read together, disclose the following information:
(1) Legal description of the land.
(2) The names, addresses, and telephone numbers of all persons holding ownership interests in the land along with a title report confirming that the title of the land as described and shown on the short plat is vested in the name of said persons.
(3) The name, address, telephone number, seal, and professional license number of the land surveyor registered in the state of Washington who made the survey of the short subdivision.
(4) Date of the survey.
(5) The boundary lines of the short subdivision.
(6) The boundaries of lots within the short subdivision.
(7) The location of existing roads and easements, important natural features, and improvements within the short subdivision.
(8) A layout of proposed roads and easements.
(9) The boundaries of all parcels dedicated or reserved for public or community uses.
(10) A certificate or instrument of dedication bearing the typed or printed names of all persons having an ownership interest in the divided land, signed and acknowledged by them before a notary public, which (a) states their consent to a division of land, (b) recites a dedication by them of all land shown on the short plat to be dedicated to public use, and (c) if a plat is subject to a dedication, a certificate or separate instrument shall contain the dedication of all streets and other areas to the public and individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any government authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having an ownership interest in the land subdivided and recorded as part of the plat. (Ord. 572 § 1, 2001)
16.08.090 Filing – Short plats and short subdivisions.
(1) Each short plat and short subdivision granted pursuant to this chapter shall be submitted to the city for final review and approval at which time it may be filed with the Chelan County auditor. It shall not be deemed “final” until so filed. Applicant pays applicable recording fees.
(2) Short subdivisions where an additional dedication to the public is required shall not be filed until the city has accepted marketable title for the newly dedicated area. (Ord. 572 § 1, 2001)
16.08.100 Appeals.
(1) Any decision of the administrator may be appealed to the council by the applicant or interested party within 14 days after notice of decision of the administrator. The notice of appeal shall be in writing and shall be filed with the council. Only a public officer, public agency or person who holds or owns an interest in real property located within 300 feet of any boundary of the short subdivision shall be considered an interested party for the purposes of this section.
(2) The council shall, at its next regular meeting, set the date for consideration of the appeal at a public meeting. In reviewing an appeal, the council shall consider all matters submitted by the administrator together with such other evidence as it deems relevant and shall either affirm, modify, or reverse the administrator’s decision, or remand the matter for further investigation by the administrator. (Ord. 572 § 1, 2001)
16.08.110 Resubdivision prohibited.
Land within a short subdivision, the short plat of which has been approved within five years immediately preceding, may not be further divided until a final plat thereof has been approved and filed for record pursuant to Chapter 16.12 EMC, except any short plat containing fewer than four lots may be further divided within five years provided the total lots created do not exceed four. (Ord. 572 § 1, 2001)