Chapter 17.20
PRELIMINARY PLATS
Sections:
17.20.010 Contents and requirements.
17.20.020 Hearing – Established.
17.20.040 Transmittal of copies.
17.20.050 Hearing – Requirements.
17.20.060 Hearing – Recordkeeping.
17.20.080 Process time limits.
17.20.090 Effect of approval and time limits for completion.
17.20.100 Modifications to approved preliminary long plats.
17.20.110 Variance applications.
17.20.005 Purpose.
This chapter is intended to identify the City of Ferndale’s requirements for the application and review of preliminary plats in order to provide clear and realistic expectations for future development, while meeting the City’s requirements in the areas discussed herein. City of Ferndale application materials shall at a minimum include the information necessary to determine compliance with this chapter. (Ord. 1734 § 1, 2012)
17.20.010 Contents and requirements.
All preliminary plats shall be submitted to the Subdivision Administrator together with the application fee and related information as described by the associated application materials available at the City of Ferndale website and City Hall. The Subdivision Administrator shall have up to 28 calendar days to determine application completeness. The Subdivision Administrator reserves the right to require any additional information not described in the application materials necessary for an adequate review of the public use and interest to be served by the plat. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.020 Hearing – Established.
When a preliminary plat meeting the requirements of FMC 17.20.010 has been submitted, the Subdivision Administrator shall issue a determination of complete application, and establish an anticipated date and time for a public hearing before the Hearings Examiner on the preliminary plat which shall not be more than 90 days from the date of the determination of complete application. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.030 Notice required.
A. Notice of the time, place and purpose of the public hearing to be given in accordance with the provisions of FMC 14.15.050.
B. In addition to the notice requirements in subsection (A) of this section, notice mailed by registered or certified mail on or before the date of the newspaper publications required by subsection (A) of this section to:
1. The Washington State Department of Transportation if the preliminary plat is located adjacent to the right-of-way of a state highway;
2. The Washington State Department of Ecology if the applicant has been required to seek its approval pursuant to Chapter 86.16 RCW, because land in the preliminary plat is within a flood control zone. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.040 Transmittal of copies.
A. The Subdivision Administrator shall transmit one copy of the preliminary plat to the Director of Public Works for consideration and submission of a written or oral report and recommendation for approval or disapproval.
B. The Subdivision Administrator may transmit a copy of the preliminary plat to the Ferndale School District, Whatcom County Fire District 7, or other agency potentially affected by the proposed plat with a request for a report and recommendation for approval or disapproval.
C. The application will be processed pursuant to FMC 14.09.050, Process 2 – Decision by Hearings Examiner. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.050 Hearing – Requirements.
At the public hearing the Hearings Examiner shall:
A. Inquire of the applicant and all interested persons in attendance relative to whether the preliminary plat:
1. Has been submitted in accordance with the requirements of this title;
2. Meets the minimum design and improvement requirements of this title;
3. Makes appropriate provisions and/or mitigates impacts on:
a. Open spaces,
b. Drainage ways,
c. Streets, alleys and other public ways,
d. Transit stops,
e. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school,
f. Water supplies,
g. Sanitary wastes,
h. Parks and playgrounds,
i. Sites for schools and school grounds;
4. Serves the public interest, health, safety and general welfare;
B. Consider the preliminary plat, the environmental information developed pursuant to FMC Title 16, the oral or written reports and recommendations submitted, and the other information and exhibits presented by interested persons;
C. Determine from the information presented whether:
1. The preliminary plat should be disapproved because of flood, inundation or swamp conditions or whether construction of protective improvements to be noted on the final plat should alternatively be required;
2. The necessary approval of the Washington State Department of Ecology has been obtained pursuant to Chapter 86.16 RCW for any preliminary plat located wholly or partially within a flood control zone;
3. Any additional public dedications or conditions not shown on the preliminary plat or payment of any fees toward future City development of public uses in the area to be noted on the final plat are required in the public interest as a condition of preliminary plat approval;
4. Whether, in the event the requirements of this section are met so as to justify approval, a waiver of direct access to any street to be dedicated will be required as to any of the property included in the proposed plat;
5. Whether, in the event the requirements of this section are met so as to justify approval, all of the lots lying in whole or in part within an irrigation district organized pursuant to Chapter 87.03 RCW have been provided irrigation water rights-of-way approved by the irrigation district or whether such approval is to be obtained prior to submission of the final plat;
6. Whether any variances applied for pursuant to FMC 17.12.095 should be allowed with specific findings as to whether the applicant has demonstrated all the facts enumerated therein for granting of a variance. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.060 Hearing – Recordkeeping.
A verbatim record, by means of a tape or digital recording device, shall be made of the hearing. The Hearings Examiner shall prepare findings of fact regarding the preliminary plat, including a summary of any oral information presented at the hearing, conclusions, and the Examiner’s decision to approve, disapprove, or approve the preliminary plat with specific conditions filed with the City of Ferndale. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.070 Action by City Council.
Repealed by Ord. 2018. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.080 Process time limits.
Following the issuance of a letter of complete application, the preliminary plat of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within 120 days from the date that the SEPA review and process concerning the application has been completed. The 120-day time limit may be extended by the City if additional studies or modifications related to preliminary plat considerations are required or cumulative impacts from one or more pending preliminary plats are being addressed. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.20.090 Effect of approval and time limits for completion.
A. Preliminary plat approval authorizes the applicant to proceed with required engineering necessary prior to application for permits to construct improvements. No construction may occur prior to approval of engineering drawings by the City. Approval of engineering drawings authorizes the applicant to prepare a final plat in accordance with the determinations made and conditions imposed by the Hearings Examiner.
B. 1. Preliminary plat approval shall be effective for a period of five years unless extended by resolution of the Hearings Examiner for an additional specified period of not more than two years.
2. An applicant that files a written request with the Hearings Examiner at least 30 days before the expiration of the preliminary plat together with a written commitment to pay all impact fees and other plat fees in the amounts that are in effect at the time of said request, and a written commitment to develop the preliminary plat in a manner that is consistent with the City development standards currently in effect at the time of said request, shall be granted a two-year extension prior to expiration of the preliminary plat approval. Additional one-year extension(s) may be granted only upon the same conditions with a clear showing of extraordinary and unforeseen circumstances preventing the applicant from submitting the final plat within the requisite time limitation. Any changes to the preliminary plat necessitated by the application of current City standards to the preliminary plat shall be clearly shown on a revised plat map that is submitted to the Hearings Examiner for their review.
3. Multiphase subdivisions shall be completed within the five-year period and shall be eligible for time extensions as identified in subsection (B)(2) of this section. Phases which are identified through a plat amendment shall not be provided with an automatic five-year extension. A plat amendment shall not establish a new five-year period and the plat as amended shall be completed within five years from the original approval date as provided in subsection (B)(1) of this section, subject to extensions as specified in subsection (B)(2) of this section.
C. If a final plat meeting the requirements of FMC 17.24.020 is not submitted to the Plat Administrator within five years, or the period of any extension granted, preliminary approval shall be null and void and any new application therefor must be in accordance with all requirements in effect at time of reapplication.
D. If 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 RCW 58.17.200 or 58.17.300 and does not violate any provisions of this title. All payments made 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. If a final plat is not approved prior to expiration of preliminary approval, all amounts shall be returned, together with any accrued interest to the parties entitled thereto. This section shall in no event impose or imply an obligation on the part of the City to grant approval of any final plat which does not comply in all respects with the requirements of this title. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1894 § 1 (Exh. 1), 2015; Ord. 1734 § 1, 2012; Ord. 1600 § 2, 2010; Ord. 1399 § 2, 2006)
17.20.100 Modifications to approved preliminary long plats.
A. The Subdivision Administrator in consultation with the Public Works Director may approve minor changes to a preliminary long plat. In order to qualify as a minor change, the proposal must not adversely impact neighbors or the environment, and the density, uses and basic design of the approved preliminary long plat must be maintained in compliance with adopted regulations and ranges.
B. The Hearings Examiner may approve major changes to the plat. Major changes are those that, in the opinion of the Technical Review Committee, would adversely impact neighbors or the environment, alter the density, alter the uses, or increase the basic design of the preliminary long plat. The SEPA official shall review major changes and determine whether the original SEPA determination is still valid or a new determination required. The Hearings Examiner shall hold a public hearing prior to issuing the decision. (Ord. 2018 § 1 (Exh. 1), 2017)
17.20.110 Variance applications.
The Hearings Examiner may authorize variances from the strict compliance with the plat requirements of this title upon receipt of a recommendation concerning such variances from the Community Development Director. Variance requests shall be filed and processed in accordance with FMC 14.09.050. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006. Formerly 17.20.100)
17.20.120 Variance approval.
In granting an approval for a variance from plat requirements, the Hearings Examiner must find all of the following:
A. That the proposed plat is clearly in an area or of a type that contains extraordinary conditions or topography, access, location, shape, size, drainage or other unusual circumstances such that strict compliance with specified requirements of this title would create an extraordinary hardship for the subdivider;
B. That the variance would not confer a special benefit upon persons or property that would not be equally available to all persons or property under the same circumstances;
C. That the hardship to the subdivider outweighs the public benefit to be derived from strict compliance with the specified plat requirements;
D. That fairness could be achieved and the public interest secured by granting of the variance. (Ord. 2018 § 1 (Exh. 1), 2017; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006. Formerly 17.20.110)