Chapter 16.12 MAJOR SUBDIVISIONS

Chapter 16.12
MAJOR SUBDIVISIONS

Sections:

16.12.010 Applicability.

16.12.020 Administrator’s duties.

16.12.030 Preliminary consultation.

16.12.040 Preliminary plats.

16.12.050 Preliminary plat approval.

16.12.060 Dedications.

16.12.070 Shown on plat.

16.12.080 Protective improvements.

16.12.090 Exemption, corporate membership, responsibilities and conditions.

16.12.100 Survey, preparation of plats.

16.12.110 Standard format.

16.12.120 Subdivision design and minimum requirements.

16.12.130 Final plats.

16.12.140 Surveys.

16.12.150 Standard format.

16.12.010 Applicability.

Every subdivision of land into five or more parcels or lots, as defined herein, shall proceed in compliance with this code. Land divided as a short subdivision, the short plat of which has been approved within five years immediately preceding, shall be subdivided pursuant to this code, except as provided in EMC 16.08.110. (Ord. 572 § 1, 2001)

16.12.020 Administrator’s duties.

The administrator is vested with the duty of administering subdivision and platting regulations within the city of Entiat and may prepare and require the use of such forms as are essential to their administration. (Ord. 572 § 1, 2001)

16.12.030 Preliminary consultation.

(1) Prior to the filing of a preliminary plat, the subdivider may submit to the administrator plans and other information sufficient to describe essential features of the property and the proposed or contemplated uses and development. It is recommended that the subdivider review a proposed subdivision with the various departments and agencies concerned on a preliminary basis to establish any special requirements affecting the proposed subdivision.

(2) The subdivider may, in lieu of individual review with each department and agency, request scheduling a discussion meeting with staff for the purpose of reviewing a preliminary sketch map. (Ord. 572 § 1, 2001)

16.12.040 Preliminary plats.

(1) Five copies of a preliminary sketch map shall be prepared at a scale and in detail sufficient to indicate the essential characteristics of the subdivision including the number, size and design of lots, the location and width of streets, the location of any important reservations or easements, the provisions of improvements and services, the general nature and extent of drainage, the relation of the subdivision to all surrounding lands and streets, and any other information necessary to enable staff to review the proposed subdivision.

(2) A complete application for the purposes of this chapter shall consist of all the material required by this section, any analysis required by EMC Title 17, Division 2, Critical Areas Regulations, and all environmental documents required by Chapter 17.04 EMC, State Environmental Policy Act.

(3) Any person desiring to subdivide land in the city shall submit an application for subdivision approval to the administrator on forms as required by the administrator. The application shall be accompanied by a filing fee as adopted according to Chapter 3.10 EMC, no part of which is returnable. No application shall be considered at any meeting of the planning commission unless that application has been submitted at least 30 days prior to the date of the meeting.

(4) The actual costs incurred by the city to review plat applications, street plans, utility plans, and field inspections will be passed on to the applicant for payment in accordance with the city fees that are adopted by the city council.

(5) A subdivider shall submit with his application 10 copies of a preliminary plat showing perimeter survey. Preliminary plans shall be drawn upon an 18-inch by 24-inch sheet or as acceptable to the city engineer.

(6) If the administrator determines that the preliminary plat contains sufficient elements and data to furnish a basis for his review, and if the plans are adequate to allow the city engineer to approve or disapprove construction of future improvements as provided for in this section, the administrator shall promptly forward copies of the preliminary plat to the following agencies:

(a) City engineer (two copies);

(b) Health officer;

(d) Superintendent of schools;

(e) Assessor;

(f) General telephone;

(g) Washington State Department of Highways;

(h) Cable TV purveyor;

(i) Gas company;

(j) Washington State Department of Ecology;

(k) Washington State Department of Natural Resources;

(l) Public Utility District No. 1;

(m) Irrigation district;

(n) City public works;

(o) City planner;

(p) City building inspector;

(q) Other interested agencies as determined by administrator.

(7) Each of the departments, districts, public officials, utility companies, or other public agencies shall have 15 days after the map has been received in their respective offices within which to forward to the administrator written reports of its findings and recommendations thereon. Any agency or person issuing a recommendation for subsequent approval of a preliminary plat shall not modify the terms of this recommendation without the consent of the applicant. Failure to report in writing within 15 days after transmittal of the preliminary plat shall be interpreted to indicate that the proposed subdivision will not adversely affect the matters of concern to or under the jurisdiction of any department official, utility company, or any other public agency.

(8) The city engineer shall submit a report on:

(a) The improvements required under provisions of this code, engineering design standards, Entiat zoning code or other ordinances or codes that may apply.

(b) Adequacy of water supply for domestic purposes.

(d) Any easements required.

(e) The effect of the proposed subdivision and any proposed grading in connection therewith on drainage in the general area and the adequacy of methods of handling drainage and storm water run-off proposed by the subdivider.

(f) Effects of the proposed subdivision on other public improvements under the jurisdiction of the city engineer.

(g) The accuracy of the technical information submitted (survey data, mathematical data, computations).

(h) Compliance with adopted level of service standards for public utilities and facilities as set forth in the Entiat comprehensive plan.

(9) The health officer shall submit a report on matters related to the proposed subdivision which may affect the public health.

(10) The fire marshal or other appropriate fire official shall submit a report on:

(a) The adequacy of access for emergency vehicles.

(b) Location of fire hydrants and adequacy thereof.

(d) Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.

(11) The administrator shall submit a report detailing wherein the proposed subdivision does or does not conform with the requirements of this code and with other standards and policies of the city.

(12) On receipt of an application completed in compliance with this section, the administrator shall set the earliest possible date for a public hearing before the planning commission.

(13) The administrator shall give notice of a public hearing before the planning commission. At a minimum, notice of the hearing shall be given in the following manner:

(a) Through the U.S. Mail, postmarked at least 15 days before the date of the hearing, to the following:

(i) Every owner of property whose name appears as such on the records of the county assessor situated within 300 feet of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels which lie adjacent to the real property proposed to be subdivided, notice shall be given to property owners located within 300 feet of any portion of the boundary of such adjacently located properties owned by the owner of the real property proposed to be subdivided; and

(ii) The board of Chelan County commissioners, if the proposed subdivision adjoins the boundaries of Chelan County; and

(iii) The State Department of Transportation or its successor if the proposed subdivision is adjacent to the right-of-way to any state highway.

(b) By arranging for publication of a notice of hearing in the official city newspaper which would appear at least 15 days prior to the hearing date.

(d) All hearing notices shall include a description of the location of the proposed subdivision. This description may be in the form of either a vicinity location sketch or a written description other than a legal description.

(e) Within 14 days following receipt of a complete application, notice will be provided to the public and agencies with jurisdiction containing the project description, permits applied for, other permits required, existing environmental documents that evaluate the proposal, dates of the public comment period, hearing date, if any, and a statement of the development regulations which will be used.

(14) At the public hearing, the planning commission shall consider all relevant evidence and shall take action to recommend that the preliminary plat be approved, approved conditionally, or disapproved by the council. Any hearing may be continued by the planning commission.

(15) In their review, the planning commission shall determine if the proposed subdivision conforms to the general purposes of the comprehensive plan, and whether the proposal includes appropriate provisions for drainage, roads, alleys, sidewalks, transit stops, and other public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites and grounds, open space, recreation and other public and private facilities and improvements which comply with adopted level of service standards as established in the Entiat comprehensive plan concurrently with the demand for such facilities and services.

(16) Not later than 14 days following conclusion of the hearing, the planning commission shall submit its written report and recommendations to the council. The planning commission may recommend the proposed plat to be approved, conditionally approved, or disapproved. Conditions of approval and a statement of findings shall be precisely cited in the planning commission’s report. Every recommendation shall include written findings of fact and conclusions to support the recommendation. Recommendations for approval or conditional approval shall, at a minimum, include a finding that the proposed subdivision is in conformance with the Entiat zoning code and other applicable ordinances.

(17) Records of the planning commission’s hearings on preliminary plats shall be kept by the administrator and shall be open to public inspection.

(18) Upon receipt of the planning commission’s recommendation on any preliminary plat, the council shall, at their next public meeting, set the date for the public meeting where it shall consider the recommendations of the planning commission and may adopt or reject the recommendations of the planning commission based on the record established at the public hearing of the planning commission. If, after considering the matter at a public meeting, the council deems a change in the planning commission’s recommendation approving or disapproving and preliminary plat is necessary, the council shall adopt its own recommendations and approve or disapprove the preliminary plat. Every decision or recommendation shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

(19) Records of the council’s proceedings concerning a preliminary plat shall be kept by the city clerk-treasurer and shall be open to public inspection. (Ord. 659 § 1, 2006; Ord. 572 § 1, 2001)

16.12.050 Preliminary plat approval.

(1) The staff shall make such general recommendations to the subdivider as it shall deem proper regarding such preliminary sketch map and shall recommend consultation by the subdivider with such other public or private agencies as it shall designate.

(2) Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements, in strict accordance with standards established by this code and any conditions imposed by the council. This authorization shall not imply approval to convey lots.

(3) The approval given to a preliminary plat shall expire in 60 months following approval unless, within those 60 months, a proposed final plat in proper form is filed with the administrator. (Ord. 572 § 1, 2001)

16.12.060 Dedications.

No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements for any purpose including water, sewer, or other utilities, fire, police, access control, and other public safety facilities, parks, playgrounds, sites for schools, school grounds, and other general purposes as may be required to protect the public health, safety, and welfare. (Ord. 572 § 1, 2001)

16.12.070 Shown on plat.

All dedications of land shall be clearly indicated on the face of the plat. 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 any ownership interest in the land subdivided and recorded as a part of the final plat. (Ord. 572 § 1, 2001)

16.12.080 Protective improvements.

If the council, upon recommendation of the planning commission, concludes that the public interest will be served thereby, the council may, in lieu of requiring a dedication of land in a subdivision for protective improvements, drainage ways, alleys, sidewalks, parks, playgrounds, recreational, fire, water, sewer, and other utility facilities, community or other general purposes, allow said land to be conveyed to a homeowners’ association or similar nonprofit maintenance corporation; provided, that sufficient guarantees are included to absolve the city from responsibilities thereof if the council so requires. (Ord. 572 § 1, 2001)

16.12.090 Exemption, corporate membership, responsibilities and conditions.

A subdivider who wishes to make a conveyance as permitted by EMC 16.12.080 shall, prior to the time of filing a final plat for approval, supply the council with copies of the grantee organization’s articles of incorporation and bylaws, and with evidence of the conveyance or the binding commitment to convey. The articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the subdivision, that the corporation is empowered to assess the said land for costs of construction and maintenance of the improvements and property owned by the corporation, and that such assessments shall be a lien upon the land. The council may impose such other conditions as it deems appropriate to assure the property and improvements owned by the corporation will be adequately constructed and maintained. All documents submitted under this section shall be as approved by the city attorney. (Ord. 572 § 1, 2001)

16.12.100 Survey, preparation of plats.

The survey of every proposed subdivision and the preparation of preliminary and final plats thereof shall be made by or under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All survey work shall conform to standard practices and principles for land surveying. (Ord. 572 § 1, 2001)

16.12.110 Standard format.

Every preliminary plat shall consist of one or more maps, the horizontal scale of which shall be 100 or less feet to the inch, together with written data in such form that, when the maps and written data are considered together, they shall fully and clearly disclose the following information:

(1) The name of the proposed subdivision. Said subdivision name shall not duplicate or nearly duplicate the name of any other subdivision in the city unless the proposed subdivision is an addition to an existing subdivision.

(2) The legal description of land contained within the subdivision.

(3) The names, addresses, and telephone numbers of all persons, firms, and corporations holding interests in the said land.

(4) The name, address, telephone number, professional license number and seal of the registered land surveyor who made, or under whose supervision was made, the survey of the proposed subdivision.

(5) The date of said survey.

(6) Boundary lines of the proposed subdivision and, if required by the city engineer, a map showing the section breakdown will be submitted showing bearings and distances surrounding the proposed subdivision.

(7) All existing monuments and markers found and set.

(8) All blocks and lots within the proposed subdivision, together with the numbers and letters proposed to be assigned each lot and block. Such lot and block numbers shall consist of consecutive numbers beginning with number “1”. Parcels to be dedicated to the public may be shown by letter designation.

(9) The total number of lots.

(10) The location, names, width of all existing streets, roads, and easements within the proposed subdivision and adjacent thereto.

(11) The approximate boundaries of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses.

(12) The location and, where ascertainable, sites of all existing structures, wells, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over, or under the land proposed to be subdivided.

(13) The smallest, largest, and average lot area in the tract.

(14) A statement of proposed provisions for water supply and sewage disposal.

(15) Contours at one-foot intervals if required by the city engineer or administrator for zero percent to five percent cross slope, five-foot intervals for five to 30 percent cross slope, 10-foot intervals for over 30 percent cross slope, and slope elevations to determine the general slope of the land and high and low points thereof. Said contours and elevations shall be based upon datum acceptable to the city engineer.

(16) Scale, date, north arrow, and area in acres of the subdivision.

(17) A layout of proposed roads, alleys, utility mains, easements or parcels proposed to be dedicated or reserved for public or community school, park, playground, or other uses.

(18) A layout of proposed water distribution systems, sewage disposal systems, and drainage systems, including sizes and locations.

(19) A sketch of the general vicinity in which the land proposed for subdivision lies, and upon which are identified owners of land adjacent to the subdivision and the names of any adjacent subdivisions.

(20) Copies of all restrictive covenants proposed to be imposed upon land in the subdivision.

(21) The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the subdivision shall be shown on the preliminary map or on the vicinity map as appropriate.

(22) If it is contemplated that development proceed by dividing the original proposed subdivision into more than one subdivision, the probable boundaries of each such subdivision shall be shown on the preliminary plat. (Ord. 572 § 1, 2001)

16.12.120 Subdivision design and minimum requirements.

Every subdivision shall conform with design standards as provided for in Chapter 16.20 EMC. (Ord. 572 § 1, 2001)

16.12.130 Final plats.

(1) At any time within 60 months following council approval of a preliminary plat, a subdivider may cause the subdivision or any part thereof to be surveyed and a final plat to be prepared. The original and five copies shall be filed with the administrator. Any failure to record the final plat within the time limit specified in EMC 16.12.050(3) shall terminate all proceedings. Final plats prepared in accordance with the provisions in this section shall be submitted to the administrator not less than 15 days prior to the date of the meeting at which time the council will be requested to act thereon.

(2) The administrator shall verify:

(a) That the final plat meets all standards established by state law and this code relating to final plats.

(b) That conditions imposed when the preliminary plat was approved have been met.

(d) That a title report, from a title insurance company authorized to do business in the state of Washington, confirms that title of the land in the proposed subdivision is vested in the name of the owner(s) whose signature(s) appear(s) on the plat certificate.

(e) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided bonds in a form acceptable to the city attorney, and in an amount and with responsible sureties commensurate with improvements remaining to be done, securing to the city the construction and installation of the improvements within a fixed time set by the council.

(3) The council shall, at its next public meeting, determine:

(a) Whether the requirements of state law, this code, and Entiat zoning code and amendments thereto have been satisfied by the subdivider.

(b) Whether conditions imposed on the preliminary plat when approved have been met.

(c) Whether the bond, if there be one, by its essential terms, assures completion of improvements within the stipulated time limits.

(d) Whether the public use and interest will be served by approving the proposed final plat.

(e) Whether adequate appropriate provisions are made for, but not limited to, the public health, safety and general welfare for open spaces, drainage ways, streets, alleys, or other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds.

The council shall thereupon approve or disapprove the proposed final plat. The council may not, as a condition of approval of any plat, require a release from damages to be procured from other property owners. Every decision shall include written findings of fact and conclusions to support the decision. A subdivision shall be governed by the terms of approval of the final plat in the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of five years after final approval, unless the council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

(4) Immediately following council approval and the recording of the final plat, the subdivider shall furnish the administrator with copies of the final plat as follows:

(a) One duplicate tracing (reproducible).

(b) Two paper prints.

The administrator shall forward one reproducible copy to the city engineer and one paper copy to the county assessor. (Ord. 572 § 1, 2001)

16.12.140 Surveys.

(1) The surveyor shall furnish the city engineer with a full set of survey notes which shall clearly show:

(a) The ties to each permanent monument.

(b) At least two durable, distinctive reference points or monuments.

(d) The base meridian referred to.

(2) A traverse of the boundaries of the subdivision and all lots and blocks shall close within an error on one foot in 5,000 feet.

(3) Primary survey control points shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown.

(4) Permanent control monuments shall be established at:

(a) Controlling corners on the boundaries of the subdivision.

(b) The intersections of the centerline of roads within the subdivision.

(d) All block corners. (Ord. 572 § 1, 2001)

16.12.150 Standard format.

(1) Every final plat shall consist of one or more sheets, each 18 by 24 inches, clearly and legibly drawn on tracing cloth, stable base mylar polyester film, or equivalent approved material acceptable to the city engineer. All drawings and lettering on the final plat shall be in permanent black ink. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of two inches on the left side and one inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly, and in no case shall be smaller than one inch equals 100 feet, nor greater than one inch equals 50 feet, or such scale designated by the city engineer. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. Each sheet of the final plat shall contain the subdivision name, the graphic scale, and the north point. All signatures affixed to a final plat shall be the original signatures written in permanent black ink. Every final plat shall include an accurate map of subdivided land based on a complete survey thereof, which maps shall include:

(a) All section, township, municipal, and county lines lying within or adjacent to the subdivision.

(b) The location of all monuments or other evidence used as ties to establish the subdivision boundaries.

(d) The length and bearings of all straight lines; the radii, arcs, and semi-tangents of all surveys.

(e) Boundaries of the subdivision with complete bearings and lineal dimensions.

(f) The length of each lot line together with bearings and other data necessary for the location of any lot line in the field.

(g) The location, width, centerline, and name or number of all streets within and adjoining the subdivision.

(h) The location and width, shown with broken lines, and description of all easements.

(i) The number assigned to all lots and blocks within the subdivision and the house numbering system proposed.

(j) The names of any adjacent subdivision.

(k) All proposed street names.

(2) In addition to the map or maps, every final plat shall contain written data including:

(a) The name of the subdivision.

(b) The legal description of land contained within the subdivision.

(c) The certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision, in substantially the following language:

I, _______________________, registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of ______________, 20____, through ______________, 20____; that the distances, courses, and angles are shown thereon correctly; and that the monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.

(d) A statement of approval signed by the city engineer as to survey data; layout of roads, alleys and easements, road names and numbers; and the design and/or construction of protective improvements, bridges, sewage, water and drainage systems.

(e) If any portion of this subdivision lies within a flood control zone, a statement of approval signed by the Director of the Department of Ecology, or its successor.

(f) A certificate or other instrument of dedication bearing the typed or printed names of all persons having ownership interests in the subdivided land, signed by the said persons, and acknowledged by them before a notary public, consenting to the subdivision of said land and reciting the dedication by them of all land shown on the plat to be dedicated to public use, and 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.

(g) 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).

(h) Space for approval by the mayor of the city of Entiat and the chairman of the Entiat planning commission. (Ord. 572 § 1, 2001)