Chapter 16.16
APPLICATION PROCEDURE AND APPROVAL/DISAPPROVAL PROCESS
Sections:
16.16.010 Purpose and nature.
16.16.020 Application process.
16.16.050 Preliminary plat—Application.
16.16.110 Preliminary plat—Copies of plats, distribution.
16.16.160 Preliminary plat—Duties of city officials.
16.16.180 Preliminary plat—Recommendation to city council.
16.16.190 Factors to be considered in preliminary plat review process.
16.16.200 Variances.
16.16.210 Time limits, extensions, and effect of preliminary plat approval.
16.16.220 Submission of detailed construction plans.
16.16.230 Preparation.
16.16.240 Supplementary materials.
16.16.250 Sequence for obtaining signatures.
16.16.260 Review by the city engineer.
16.16.270 Review by the community development director.
16.16.280 Review by city council.
16.16.290 Filing.
16.16.300 Expiration.
16.16.310 Alteration of final plats.
*Prior legislation: Ord. 3171.
16.16.010 Purpose and nature.
The purpose of this chapter is to define the process and criteria for the approval of subdivision within the city consistent with the requirements of Chapter 58.17 RCW. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 1.1, 1981)
16.16.020 Application process.
Subdivisions shall be processed as a Type IV land use action consistent with Title 18B. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 1.2, 1981)
16.16.050 Preliminary plat—Application.
Applications for preliminary subdivisions shall include all the following information:
A. Completed preliminary plat application form;
B. Completed environmental checklist;
C. Copy of all application(s) being applied for such as a shoreline substantial development permit, floodplain development permit, zoning map amendment, comprehensive plan map amendment, variance or other application(s) that were determined necessary for the preliminary plat application;
D. Street profiles showing grades of proposed streets;
E. Twenty-five copies of a preliminary plat, conforming to Section 16.28.020;
F. Twenty-five copies of detailed construction plans as specified in Section 16.28.070;
G. If the property is to be developed in phases, a master plan conforming to specifications in Section 16.28.030, and accompanying each plat copy;
H. If applicable, a geologic report pursuant to Sections 16.30.020 through 16.30.070;
I. Additional information as required by applicable sections of the Kelso Municipal Code;
J. Payment of all required fees. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 2.1, 1981)
16.16.110 Preliminary plat—Copies of plats, distribution.
A. The community development department shall distribute a notice of application in accordance to Title 18B to the following parties and to other parties selected at the discretion of the community development director depending upon the particular application:
1. Building plans examiner;
2. City engineer;
3. Cowlitz-Wahkiakum health district;
4. County department of community development, when a plat adjoins an unincorporated area;
5. State Department of Transportation, when a proposed subdivision is located adjacent to a state highway right-of-way;
6. State Department of Ecology, when a proposed subdivision adjoins a river or stream;
7. Any other agency as deemed necessary by the community development director.
B. Any plat copies remaining after distribution shall be retained by the community development department for such additional distribution as may be called for. At the direction of the community development director, applicants may be required to furnish copies in addition to the original twenty-five. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 2.7, 1981)
16.16.160 Preliminary plat—Duties of city officials.
A. The following persons shall prepare comments and recommendations to be considered by the hearing examiner in review of proposed preliminary plats:
1. City engineer, or assistant;
2. Cowlitz 2 Fire and Rescue;
3. City parks and recreation superintendent and the parks board in the case of residential subdivisions;
4. Community development director.
B. The city engineer, fire chief and parks and recreation superintendent shall forward their comments and recommendations to the community development department within the time prescribed in Title 18B, and the secretary shall forward any comments received from the public, public agencies or utilities. The assigned planner shall consolidate the comments and recommendations into a staff report to be considered by the review authority. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 2.12, 1981)
16.16.180 Preliminary plat—Recommendation to city council.
The hearing examiner shall review all proposed preliminary plats together with accompanying materials and documents, land use applications, staff reports and public comments, and either make a recommendation on the plat and other land use applications or return the plat to the applicant with a request for modification or more information. If the hearing examiner makes a recommendation, such recommendation shall be for approval, disapproval or approval with conditions. Recommendations shall include and shall be supported by written findings of fact which are based on the factors listed in Section 16.16.190 and, together with all written reports, documents, comments, application materials and other records, shall be forwarded to the community development director within fourteen days of hearing. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 2.13, 1981. Formerly 16.16.170)
16.16.190 Factors to be considered in preliminary plat review process.
Hearing actions on preliminary plats shall be based on the requirements of Chapter 58.17 RCW and other factors, as follows:
A. The preliminary plat shall conform to, and it shall be the applicant’s burden to demonstrate consistency with the following:
1. The general goals, policies, objectives and land use map of the comprehensive plan;
2. Kelso trails plan;
3. Municipal airport development plan;
4. Kelso capital improvements program;
5. Other plans and programs as the city may adopt;
6. Kelso Municipal Code;
7. Kelso shoreline master program.
B. The hearing examiner shall determine whether appropriate provisions are made for, but not limited to, public health, safety and general welfare; open spaces, parks and playgrounds; school grounds; drainage ways and facilities; streets, alleys, sidewalks and other public ways; water supplies; and sanitary and solid waste disposal. The burden of proof shall lie with the applicant. If the hearing examiner finds that such appropriate provisions are not made, a recommendation for denial shall be made. As provided in RCW 58.17.110, the hearing examiner may require dedication of land to any public body as a condition of approval.
C. The hearing examiner shall inquire into the public use and interest proposed to be served by the subdivision and dedications to the public, and shall determine whether the public interest will be served by the subdivision proposed dedications to the public. The burden of proof shall lie with the applicant. If the hearing examiner finds that the public use and interest will not be served, a recommendation for denial shall be made.
D. The hearing examiner shall consider the physical characteristics of the proposed subdivision site and may recommend disapproval and in the case of the council disapprove the plat because of any identified or suspected natural limitations, including but not limited to slope, soil stability, flood hazard, inundation, swamp conditions, drainage conditions and location in or proximity to environmentally sensitive areas as described in Chapter 18.04. The burden of proving that disruption of areas identified or suspected of being environmentally sensitive will not endanger the public health, safety or welfare shall lie with the applicant.
E. No plat of any area that lies wholly or in part in an irrigation district organized under Chapter 87.03 RCW shall receive favorable recommendation or be approved unless there is provided an irrigation easement for each parcel of land in such district. Such easement shall be evidenced on the face of the final plat.
F. As a condition of approval the hearing examiner shall not require a subdivider to procure from adjacent property owners a release from damages against the city. In accordance with RCW 58.17.165, an exception to this rule shall apply to the construction, drainage and maintenance of dedicated streets.
G. The hearing examiner shall consider the effects of a proposed subdivision on adjacent properties and on off-site or city-wide public facilities and services, such as existing parks, recreation facilities, schools, streets, transit facilities, drainage ways and storm sewers. In order that the subdivider bears a fair share of the cost of repair or improvement of these affected properties, facilities and services, the hearing examiner may require construction, repair, expansion, improvement or other provision of off-site improvements by the applicant. Such requirements may include but shall not be limited to dedication of land for right-of-way, resurfacing a street that provides access to a subdivision or replacement of inadequately sized off-site utilities whose capacity will be affected by the development.
H. The hearing examiner shall not recommend approval a preliminary plat without having received and considered the consolidated staff report and any other reports and recommendations of city officials and public agencies prepared pursuant to Section 16.16.160.
I. The hearing examiner may condition a recommendation on the preliminary plat to promote the public interest, safety, health and welfare, except as prohibited in this title or other law. The hearing examiner may recommend the requirement that conditions of approval be listed on the face of the final plat.
J. The hearing examiner shall consider the relationship between the preliminary plat and the master plan. In order to provide for future needs and a coordinated relationship between the preliminary plat site and tentative development in adjoining areas, the hearing examiner may use the master plan to establish appropriate modifications to the preliminary plat, recommended conditions of approval, dedications and off-site improvements. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 3, 1981)
16.16.200 Variances.
A. It is recognized that in some cases pertaining to particular plats, circumstances may justify the granting of variances from the standards of this title. Applications for variances shall be coordinated with preliminary plat review. Petitioners for variances shall describe fully the variance sought and the grounds for the application, and shall bear the burden of proof that approval of such application conforms to the standards of subsection B of this section. The hearing examiner shall develop separate findings and conclusions on the requested variance as part of the overall recommendation on the proposed preliminary plat.
B. A variance shall not be granted unless the hearing examiner makes findings that the applicant has expressly demonstrated all of the following:
1. That special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, do exist; and
2. That because of such special circumstances, strict application of this title would deprive the subject property of rights and privileges enjoyed by other properties in the vicinity under identical zoning district classification; and
3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zoning district classification in which the property is situated; and
4. That the special circumstances do not result from the actions of the applicant; and
5. That the variance is the minimum variance that will make possible the reasonable use of the property; and
6. That the granting of a variance will be in harmony with the general purpose and intent of this title, the specific zoning district and the comprehensive plan. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 4, 1981)
16.16.210 Time limits, extensions, and effect of preliminary plat approval.
A. Subdividers shall have five years from date of preliminary plat approval to submit to the city a final plat application meeting all requirements of this title. Failure to submit a final plat within the five-year period shall result in expiration of preliminary plat approval; however, a subdivider who files a written request with the community development director at least thirty days before the expiration of the five-year period may be granted up to a one-year extension upon a showing that the subdivider has attempted in good faith to submit the final plat within the five-year period. Good faith shall be interpreted as having made substantial progress in making improvements required under preliminary plat approval. Disapproval of a request for extension shall mean expiration of preliminary plat approval. Requests for an extension shall be considered at a public meeting of the city council.
B. Approval of a preliminary plat by city council constitutes an approval of the proposed subdivision’s design, relationship with adjoining property, and improvements to be provided. Engineering, construction and installation of improvements and final platting detail shall be subject to approval by the city engineer. Additionally, approval of a preliminary plat shall not guarantee approval or constitute acceptance of the final plat, rather, it shall be deemed to authorize the subdivider to proceed with preparation of the final plat in conformance with the approved preliminary plat and conditions set thereon, and upon the city engineer’s approval of detailed construction plans, to proceed with construction and installation of the required improvements. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 3474 § 1, 2001; Ord. 2857 Art. 3 § 5, 1981)
16.16.220 Submission of detailed construction plans.
After approval of the preliminary plat and prior to the beginning of construction and installation of improvements or performance bonding or other assurance in lieu thereof, the subdivider’s engineer shall submit to the city engineer detailed construction plans for all required improvements; and applications for necessary permits. Such plans shall conform to the specifications set forth in Section 16.28.070. Upon the city engineer’s approval of the construction plans and prior to submission of the final plat, the subdivider shall proceed to construct and install required improvements to completion, unless the performance bonding or other option set forth in Chapter 16.12 is accepted. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 6, 1981)
16.16.230 Preparation.
After approval of the preliminary plat and the detailed construction plans, the subdivider shall submit a final plat and the supplementary materials required by Sections 16.16.240 through 16.16.300. The final plat shall:
A. Be drawn to the specifications and contain the information required by Section 16.28.090;
B. Conform to the preliminary plat approved by the city council and to any conditions that may have been part of the approval. Slight deviation from the approved preliminary plat may be allowed if the city engineer determines such deviations are necessary because of unforeseen technical problems;
C. Include all of the area shown in the approved preliminary plat;
D. Include, in the manner specified by Section 16.28.090, all formal, irrevocable offers of dedication to the public and space for the acknowledgments, endorsements, and certifications required by Section 16.28.090. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.1, 1981)
16.16.240 Supplementary materials.
The original hard copy drawing of the final plat shall be accompanied by:
A. At least two copies of the final plat on mylar material;
B. A minimum of ten paper copies of the final plat;
C. A copy of any restrictive covenants proposed by the subdivider;
D. A title report issued by a title insurance company showing all parties whose consent is necessary and their interest in the premises and listing all encumbrances;
E. As-built plans of such required improvements as have been completed;
F. A complete survey and field and computation notes;
G. If required improvements have not been completed, a plat performance bond or other security conforming to Chapter 16.12;
H. Payment of the inspection fee required by Chapter 16.12 for such improvements as have been completed;
I. Payment of a fee covering the cost of all street signs required by the city engineer, which signs shall be installed by the applicant per Section 3.21(b) of the Kelso Engineering Design Manual. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.2, 1981)
16.16.250 Sequence for obtaining signatures.
Signatures required by Section 16.28.090 for dedications, acknowledgments and endorsements normally shall be obtained in the following sequence:
A. The owners in fee simple;
B. Notary public in and for the state;
C. Licensed land surveyor;
D. County treasurer;
E. City engineer;
F. Community development director;
G. Mayor;
H. City clerk;
I. County auditor. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.3, 1981)
16.16.260 Review by the city engineer.
A. The subdivider shall submit the original drawing of the proposed final plat and supplementary materials to the community development department. The department director shall ensure:
1. The detail and computations of the final plat are inspected for conformance with the specifications and standards of this title; the director’s determinations shall be conclusive;
2. The final plat is inspected for conformance with the preliminary plat approved by the city council and the conditions made a part of such approval;
3. It is determined that either all required improvements have been installed in accordance with these regulations or that certain improvements may properly be deferred under Chapter 16.12.
B. When the community development director is satisfied with the plat, determines that the plat is in conformance with the approved preliminary plat and conditions set thereon, and determines that improvements either are complete or may properly be deferred, he/she shall signify his approval of the subdivision by signing the original and mylar copies of the final plat.
C. If the city engineer is not satisfied with the detail and computations of the final plat, finds that the plat does not conform with the approved preliminary plat and conditions, determines that improvements were installed incorrectly, or is not satisfied with the extent or manner in which completion of improvements would be deferred, he/she shall withhold his/her signature until the matter is corrected or resolved by the subdivider to his/her satisfaction. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.4, 1981)
16.16.270 Review by the community development director.
After the inspection by the city engineer, the community development director shall review the proposed final plat for conformance with the preliminary plat and conditions required by the hearing examiner and approved by city council.
A. If the community development director finds a final plat to be conforming, the original drawing and mylar copies shall be signed and forwarded to the city clerk for consideration by the council.
B. If the community development director finds that a final plat contains significant divergences from the approved preliminary plat, approval shall be withheld and the plat sheets returned to the applicant, along with a written statement indicating the reasons for the withholding of approval and the changes necessary. If the applicant does not modify the proposed final plat as directed, the city’s approval of the preliminary plat shall become null and void. To be reactivated, the plat must be resubmitted as a new preliminary plat subject to the provisions of this title, including payment of preliminary plat review fees. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.5, 1981)
16.16.280 Review by city council.
A. The city council shall review final plats at a public meeting considering the factors set forth below. The council review shall occur after the review by the city engineer and community development director. The council shall determine whether:
1. The final plat conforms to the approved preliminary plat and conditions set thereon;
2. The public use and interest will be served by the subdivision and the final plat meets the requirements of Chapter 58.17 RCW and of this title;
3. Improvements have been completed or properly guaranteed to be completed in accordance with Chapter 16.12;
4. The dedications, certifications, acknowledgments and signatures required by Section 16.28.090 have been duly stated and obtained;
5. Inspection and street sign fees have been paid;
6. Proposed covenants are in satisfactory form and ready for recording with the final plat;
7. Any other supplementary materials required by this chapter or by the council have been satisfactorily completed.
B. If the council affirmatively makes the above determinations, the mayor shall inscribe and execute the council’s will on the face of the original drawing and mylar copies of the final plat. If the council withholds approval, it shall return the plat sheets and supplementary material to the applicant and provide him with a statement of reasons for its decision and of the changes necessary to permit granting approval. Changes shall be subject to the time limit set forth in Section 16.16.210. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.6, 1981)
16.16.290 Filing.
The subdivider shall file the original drawing of the final plat for recording with the county auditor. One reproduced full copy on mylar material shall be furnished to the city engineer. One paper copy shall be filed with the county assessor. Six paper copies shall be furnished to the community development department. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.7, 1981)
16.16.300 Expiration.
Any final plat not filed for recording within thirty days after city council approval shall be null and void. To be reactivated, the plat must be resubmitted as a new application for final plat approval. (Ord. 3699 § 1 (Att. A), 2009; Ord. 3679 § 3, 2008; Ord. 2857 Art. 3 § 7.8, 1981)
16.16.310 Alteration of final plats.
Alterations or vacations of approved, recorded subdivisions shall be processed pursuant to Chapters 16.04 through 16.40 and as well as the provisions of Chapter 58.17 RCW. (Ord. 3699 § 1 (Att. A), 2009)