Chapter 16.06 FINAL PLATS

Chapter 16.06
FINAL PLATS

Sections:

16.06.001 Requirements for a complete application.

16.06.002 Type of application.

16.06.003 Time frame for submission of final plat.

16.06.004 Recommendations as prerequisites for final plat approval.

16.06.005 Criteria for approval.

16.06.006 Effect of final plat approval.

16.06.007 Time frame for approval.

16.06.001 Requirements for a complete application.

A. Five copies of construction drawings.

B. Work done by city in connection with the checking, computing and correcting of the plat, and for plan checking, inspecting, and testing as to all plat improvements including water lines, sanitary sewer lines, storm water retention and drainage systems, streets, curbs, gutters and sidewalks.

C. Application Contents. In addition to the requirements for a complete application set forth in GHMC 19.02.002, the applicant shall submit the following:

1. Final plat on reproducible mylar or equivalent, 17 inches wide by 22 inches long, scale of 100 feet to one inch or larger (preferred scale 50 feet to one inch). The plat must contain:

a. Primary control points, approved by the city engineer, or descriptions and “ties” to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred;

b. Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings, and radii, arcs, central angles of all curve arcs;

c. Name and right-of-way width of each street or other right-of-way;

d. Location, dimensions and purpose of any easement;

e. Tract number to identify each lot or site;

f. Purpose for which sites, other than residential lots, are dedicated or reserved;

g. Minimum building setback line on all lots and other sites;

h. Location and description of monuments by symbol;

i. Reference to plats of adjoining land by their recorded name, date, volume and page number;

j. Certification by licensed land surveyor or licensed professional civil engineer substantially in the following form: etc.;

k. A certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner(s). If the plat contains a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and individual(s), 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 governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of the road. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided;

2. Every plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the certificate;

3. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted any such waiver is effective. Such waiver may be required by the city as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation, or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the donee or donees, grantee or grantees for his, her, or their use for the purpose intended by the donors or grantors as aforesaid;

4. Plat name, scale, north arrow, date and legend of symbols;

5. Plans and profiles of all utilities and street improvements showing approval of the design by the city engineer;

6. Certificate of completion of one of the following alternatives shall accompany the final plat:

a. All improvements have been installed in accord with the requirements of these regulations and accepted by the city upon the recommendation of the city engineer as certified by the city clerk;

b. That approved plans are on file with the city engineer for all required utilities and street improvements and a cash or surety bond as provided in Chapter 16.08 GHMC has been posted with the city clerk and deposited with the city treasurer. (Ord. 701 § 2, 1996).

16.06.002 Type of application.

A final plat is a Type IV application. The city council makes a final decision, which is appealable to the appropriate court. (Ord. 868 § 2, 2001; Ord. 701 § 2, 1996).

16.06.003 Time frame for submission of final plat.¹

A final plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within seven years of the date of preliminary plat approval; provided, however, that the applicant may submit an application to the city at least 30 days prior to the expiration of the preliminary plat approval for a one-time extension of one year. Such extensions may be granted by the city only if:

A. The applicant agrees to construct the development in conformance with the zoning, design review, subdivision, public works standards and other development regulations in place at the time of the application for an extension; and

B. The applicant provides its consent to allow any agency providing a recommendation under RCW 58.17.150 to reconsider and modify its recommendation, and after such reconsideration, each recommendation is unchanged and supports such extension. (Ord. 1197 § 8, 2010; Ord. 879 § 1, 2001; Ord. 868 § 3, 2001; Ord. 701 § 2, 1996).

16.06.004 Recommendations as prerequisites for final plat approval.

Each preliminary plat submitted for final approval shall be accompanied by the following recommendations:

A. Local health department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply;

B. Planning director’s recommendation as to compliance with all of the terms of preliminary plat approval of the proposed plat or subdivision;

C. Approval of the city engineer.

Except as provided in RCW 58.17.140, an agency or person issuing a recommendation for subsequent approval under subsections A and C of this section shall not modify the terms of its recommendation without the consent of the applicant. (Ord. 701 § 2, 1996).

16.06.005 Criteria for approval.

A final plat application shall be approved if the subdivision proposed for approval:

A. Meets all general requirements for plat approval as set forth in Chapter 16.08 GHMC, General Requirements for Subdivision Approval;

B. Conforms to all terms of the preliminary plat approval; and

C. Meets the requirements of Chapter 58.17 RCW, other applicable state laws, this title and any other applicable city ordinances which were in effect at the time of preliminary plat approval.

D. Director’s Decision. If the application conforms to all of the above criteria, the director shall approve or conditionally approve the final plat. Any subdivision submitted to the city for approval shall contain the following certificates. The property owner and the land surveyor shall execute their respective certificates prior to the director’s final decision. The certificates to be executed by city and county officials and employees shall be executed after final plat approval, if granted.

1. Mayor. A signature block and statement for the approval of the final plat;

2. City Clerk. A signature block and statement that the city clerk finds that there are no delinquent assessments outstanding on the property subject to this final plat approval;

3. City Engineer. A signature block and statement that the short plat complies with the applicable provisions of the city of Gig Harbor public works construction standards;

4. Planning Director. A signature block and statement that the subdivision complies with the city’s development regulations under GHMC Titles 16 and 17.

E. The city council shall make written findings of fact relating to its decision on the final plat, and if approved, shall suitably inscribe and execute its written approval on the face of the plat. (Ord. 1194 § 3, 2010; Ord. 802 § 2, 1998; Ord. 701 § 2, 1996).

16.06.006 Effect of final plat approval.²

Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for a period of seven years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 1197 § 8, 2010; Ord. 701 § 2, 1996).

16.06.007 Time frame for approval.

Final plats shall be approved, disapproved or returned to the applicant within 30 days after the filing of a complete application, unless the applicant consents to an extension of such time period. (Ord. 701 § 2, 1996).

Code reviser’s note: Section 121 of Ord. 1197 states: “The provisions of Section 8 amending GHMC 16.06.003 and 16.06.006 shall be effective retroactively to June 10, 2010, and shall continue through December 31, 2014. Unless otherwise provided, effective January 1, 2015, the time frame in Section 16.06.003 for submission of a final plat for approval and the period in Section 16.06.006 for valid land use shall be five years.”