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Chapter 17.16
MAJOR SUBDIVISIONSSections:
17.16.010 Applicability.
17.16.020 Duties of administrator.
17.16.030 Preliminary consultation.
17.16.040 Application.
17.16.050 Plats and plans.
17.16.060 Adequacy of plans.
17.16.070 Distribution of plans.
17.16.080 Planning commission hearing.
17.16.090 Recommendations of agencies.
17.16.100 Preliminary plat — Requirements for approval.
17.16.110 Preliminary plat — Approval or disapproval.
17.16.120 Preliminary plat —Format.
17.16.130 Final plat —Filing deadlines.
17.16.140 Final plat —Review by administrator.
17.16.150 Final plat —Submission to board.
17.16.160 Final plat —Board action.
17.16.170 Survey notes.
17.16.180 Final plat format.
17.16.010 Applicability.
A. This chapter shall apply to every subdivision of land to which this title applies into five or more parcels, lots or tracts.
B. Land divided as a short subdivision, the short plat of which has been approved within five years immediately preceding, may be subdivided pursuant to this chapter. (Prior code § 16.12.010)
17.16.020 Duties of administrator.
The administrator is directed to administer the provisions of this chapter and is empowered to prepare and require the use of such forms as may be necessary to such administration. (Prior code § 16.12.020)
17.16.030 Preliminary consultation.
A. The subdivider shall, prior to the filing of a preliminary plat, submit to the administrator plans and other information sufficient to describe essential features of the property and the proposed or contemplated uses and development.
B. It shall be the responsibility of the subdivider to review the proposed subdivision with the various departments and agencies concerned therewith on a preliminary basis to establish any special requirements or considerations pertaining to the proposed subdivision.
C. The subdivider may, in lieu of review with each department or agency individually, request scheduling of a discussion meeting with the subdivision review committee for the purpose of reviewing a preliminary sketch map.
D. A preliminary sketch map shall be prepared at a scale and in detail sufficient to indicate the essential characteristics of the subdivision, which shall include number, size and design of lots; location, width and names of streets; location of any important reservations or easements; provisions for 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 the subdivision review committee to review the proposed subdivision.
E. The subdivision review committee shall make such general recommendations to the subdivider with such other public or private agencies as it may designate.
F. The subdivider may, prior to submission of the preliminary plat and detailed design data, request general review of the proposed subdivision by the hearing examiner to determine such changes which shall be required as may be determined. Such request shall be made not less than fifteen days before the commission meeting at which the subdivision review committee shall have reviewed and made its recommendations pertaining to the preliminary plat. (Res. CE 93-034 (part); prior code § 16.12.100)
17.16.040 Application.
Any person desiring to subdivide land in unincorporated Douglas County 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 in the amount of one hundred fifty dollars plus five dollars per lot; provided, that no such application shall be considered at any meeting of the planning commission unless such application has been submitted at least fifteen days prior to the date of the meeting. (Ord. dated 4/12/82 § 1 (part); Res. dated 5/10/76 § 1: prior code §§ 16.12.110, 16.12.120)
17.16.050 Plats and plans.
The subdivider shall submit with the application such number of copies of a preliminary plat and plans, profiles and specifications for streets, utilities and other proposed improvements to be constructed in the proposed subdivision as the administrator requires. (Prior code § 16.12.130)
17.16.060 Adequacy of plans.
A. Plans and profiles shall be drawn upon sheets acceptable to the engineer.
B. If the administrator determines that the preliminary plat contains sufficient elements and data to furnish a safe basis for his approval or disapproval, and if the plans, profiles and specifications are adequate to allow the engineer to approve or disapprove construction of future improvements, the administrator shall affix to the application a file number and date of receipt. (Prior code § 16.12.140)
17.16.070 Distribution of plans.
Upon affixing a file number and date of receipt to any application, the administrator shall promptly forward to the engineer two copies of the preliminary plat and of the plans, profiles and specifications of roads, utilities and other proposed improvements, and one copy of the preliminary plat each to the health officer, the appropriate fire protection official, the assessor, the Department of Ecology, and such other agencies as may be interested as determined by the administrator. (Prior code § 16.12.150)
17.16.080 Planning commission hearing.
A. Upon receipt of an application completed in compliance with the provisions of this chapter, the administrator shall set the same for hearing before the hearing examiner.
B. The administrator shall send through the United States mail, to be postmarked not less than ten days before the date of the hearing, notice of the hearing to every owner of property adjacent to the proposed subdivision as the same appear on the records of the assessor, and if any city or town is adjacent to or within one mile of the proposed subdivision. to the legislative authority of every such city or town, and if the right-of-way to any state highway is adjacent to the proposed subdivision, to the Department of Highways, and shall cause to be published in the official newspaper, not less than ten days before the date of the hearing, notice of the hearing.
C. Upon the hearing the hearing examiner shall consider all relevant evidence to determine whether it shall recommend to the board that the preliminary plat be approved, approved conditionally, or disapproved.
D. Hearing may be continued at the discretion of the hearing examiner within the limits allowed by applicable law.
E. The preliminary plat shall be approved, disapproved or returned to the applicant for modification or correction within sixty days of the date of filing thereof unless the applicant shall consent to extension of such period. (Res. CE 93-034 (part); prior code § 16.12.160)
17.16.090 Recommendations of agencies.
A. Each department, municipality, district, official, utility company, or other public agency shall report in writing within ten days after the map has been received by such agency to the hearing examiner its findings and recommendation thereof. Failure to so report shall be construed to mean that such agency has no objection thereto.
B. The engineer shall report on:
1. The improvements required by this title;
2. Any easements required;
3. The effect of the proposed subdivision and of any proposed grading in connection therewith upon drainage of the general area;
4. The adequacy of methods proposed to be employed to provide for drainage and stormwater runoff;
5. Effects of the proposed subdivision on other public improvements under the jurisdiction of the engineer; and
6. The accuracy of technical information, survey data, mathematical data and computations submitted.
C. The health officer shall report on:
1. The adequacy of the domestic water supply and sewage disposal systems as proposed, and any other matter relating to the proposed subdivision which may affect the public health; and
2. If community-type or municipal sewer or water service is not available, he shall investigate lot size, sewage disposal and domestic water supply systems as proposed for the subdivision and report to the hearing examiner thereon as to whether the sewage disposal and water supply systems meet the health and safety standards of the Chelan-Douglas Health District; and
3. If whether such installation shall function properly on each individual lot in the proposed subdivision and report thereon.
4. For the purpose of making such investigation the health officer is empowered to require test holes and other exploratory tests as may be necessary to determine whether the proposed lots be of adequate size to provide adequate sewage disposal when all lots within the subdivision and area immediately adjacent thereto have been built upon; and the cost of such tests shall be paid by the subdivider.
D. The fire marshal or other appropriate fire official shall report on the adequacy of fire hydrants, the adequacy of the water supply for fire protection purposes, and any other matter affecting fire safety and protection, including any temporary fire protection measures necessary during development of the subdivision.
E. The planning director shall report in detail whether the proposed subdivision does or does not conform to the requirements of this title and to any other applicable standards and policies of the county.
F. The hearing examiner shall determine whether the proposed subdivision conforms to the general purposes of the comprehensive plan or any portion thereof, and whether the public use and interest will apparently be served by the proposal. (Res. CE 93-034 (part); prior code § 16.12.170)
17.16.100 Preliminary plat— Requirements for approval.
A. No plat shall be approved unless adequate provision has been made for drainageways, roads, alleys, easements for any purpose including water, sewer or other utilities, fire, police and other public safety facilities, parks, playgrounds, sites for schools, schoolgrounds and other general purposes as may be required to protect the public health, safety and welfare.
B. Every dedication of land shall clearly and precisely appear on the face of the plat.
C. Every protective improvement and easements to maintain such improvement shall be dedicated.
D. The survey of every proposed subdivision and the preparation of preliminary and final plats thereof shall be conducted by or under the supervision of a registered land surveyor who shall certify on the plat that the plat is a true and correct representation of the lands surveyed. Such survey shall conform to standard practices and principles for land surveying.
E. Every subdivision shall conform to every design standard set forth in Chapter 17.20. (Prior code § 16.12.180)
17.16.110 Preliminary plat— Approval or disapproval.
A. Upon finding that the proposed plat conforms to the design standards of this title and other laws and regulations which apply thereto, the hearing examiner shall approve the plat as submitted.
1. If the hearing examiner finds to the contrary, it shall indicate on two copies of the preliminary plat every change which it deems necessary to be made to conform to the provisions of this title and may grant its approval conditioned upon the changes. One copy of such plat shall be returned to the survey and one copy shall be retained by the hearing examiner.
2. If the hearing examiner finds that the plat cannot be readily altered to meet the requirements of this title or that approval of the plat is not in the public interest, it shall deny the same. Upon such denial the reasons therefor shall be included in the motion for denial and recorded upon the minutes of the commission.
B. Records of the hearing examiner hearings on the preliminary plat shall be kept by the administrator and shall be open to public inspection.
C. Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with the standards established by this title and any conditions imposed by the hearing examiner; provided, that any such authorization shall not be construed to constitute approval to convey any lots thereof.
D. Approval shall expire thirty-six months following the granting of the same, unless there is filed with the administrator a proposed final plat in proper form within such period; provided, that upon application of the subdivider therefor, the hearing examiner shall review the preliminary plat and upon finding that the preliminary plat then serves the public use and interest and complies with all zoning requirements as enacted at the time of reapplication may extend its approval for one additional twelve-month period, which approval shall become null and void if there is not recorded within such period a final plat. (Res. CE 93-034 (part); Ord. 86-3 Am. 10; prior code § 16.12.190)
17.16.120 Preliminary plat—Format.
Every preliminary plat shall consist of one or more maps, the horizontal scale of which for street and sewer profiles shall be not more than one hundred feet to the inch, together with written data in such form that such maps and data considered together shall fully and clearly disclose:
A. The name of the proposed subdivision, which shall not duplicate or nearly duplicate the name of any other subdivision within the county;
B. The legal description of land contained within the subdivision;
C. The names, addresses and telephone numbers of any and all persons holding interest in the land;
D. The name, address and telephone number and seal of the registered land surveyor who conducted or under whose supervision there was conducted a survey of the proposed subdivision;
E. The date of the survey;
F. Boundary lines of the proposed subdivision and, if required by the engineer, a map showing the section breakdown shall be submitted, which shall show bearings and distances surrounding the proposed subdivision;
G. All existing monuments and markers found and shown;
H. The boundaries of all blocks and lots within the proposed subdivision together with the numbers and letters proposed to be assigned to each such lot and block, which shall consist of consecutive numbers beginning with the number “1,” except that parcels to be dedicated to the public may be shown by letter designation;
I. The total number of lots;
J. The location and width of all existing streets, roads and easements within the proposed subdivision or adjacent thereto;
K. The approximate boundaries of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses;
L. The location, and where ascertainable the sizes, 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;
M. The smallest, largest and average lot area in the tract;
N. A statement of the proposed provisions for water supply and sewage disposal;
O. Contour at one foot intervals if required by the engineer or planning director for zero to five percent cross slope, five-foot intervals for five to thirty percent cross slope, and spot elevations to determine the general slope of the land and high and low points thereof; the contours and elevations to be based upon data acceptable to the county engineer;
P. The date, north arrow and area in acres of the subdivision;
Q. 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;
R. Statement that the proposed water distribution systems, and drainage systems including sizes and locations, will meet county requirements;
S. A sketch of the general vicinity in which the land proposed to be subdivided lies, and upon which shall be identified the owners of land adjacent to the subdivision and the name of any adjacent subdivision;
T. Copies of all proposed restrictive covenants to be imposed upon land in the subdivision;
U. The location of soil log holes together with data regarding percolation rates and a statement as to soil conditions prepared by a registered soils engineer or civil engineer with training in soils mechanics attesting to the suitability of soils for the specific uses proposed in the subdivision;
V. 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;
W. 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 and block lines shall not be crossed. (Prior code § 16.12.200)
17.16.130 Final plat—Filing deadlines.
A. All proceedings shall terminate unless the subdivider submits a final plat within twelve months after the hearing examiner has approved a preliminary plat and the final plat is recorded within the time specified by Section 17.16.110(A).
B. The final plat shall be prepared in accordance with the provisions of this chapter, and the original and five copies shall be filed with the administrator not less than five days prior to the date of the meeting at which the board will be requested to act thereon. (Res. CE 93-034 (part); Prior code § 16.12.300)
17.16.140 Final plat—Review by administrator.
Upon receipt of a proposed final plat the administrator shall determine and verify:
A. That the final plat meets all standards established by this title and by state laws relating to final plats;
B. That every condition imposed when the preliminary plat was approved has been met;
C. That the proposed final plat bears the certificates and statements of approval required by this title;
D. That a title report from a title insurance company authorized to do business in the state confirms that title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;
E. That the facilities and improvements required to be provided by the subdivider have been completed or that the subdivider has provided bonds in a form acceptable to the engineer and in an amount with sureties commensurate with improvements remaining to be done, securing to the county the construction and installation of the improvements within a fixed time set by the board;
F. That each final plat be accompanied by a plat check fee in the amount of five dollars per lot for each lot within the plat. (Res. dated 5/10/76 § 2: prior code § 16.12.310)
17.16.150 Final plat—Submission to board.
Upon receipt of a proposed final plat which meets the requirements of this chapter, the administrator shall acknowledge receipt of the final plat and forward the original and four copies thereof to the clerk of the board. (Prior code § 16.12.320)
17.16.160 Final plat—Board action.
A. Upon receipt by the clerk of the board of the final plat, the board at its next public meeting shall determine whether:
1. Conditions imposed on the preliminary plat when approved have been met;
2. Any bond by its essential terms assures completion of improvements, and the board shall set the time thereof;
3. The public use and interest will be served by approving the proposed final plat;
and the board shall thereupon approve or disapprove the proposed final plat.
B. Upon board approval, the subdivider shall immediately furnish to the engineer one duplicate reproducible tracing copy and two paper print copies of the final plat, one copy of which the engineer shall forward each to the assessor and the administrator. (Prior code § 16.12.330)
17.16.170 Survey notes.
A. The surveyor shall furnish to the engineer a full set of survey notes which shall clearly show:
1. The ties to each permanent monument;
2. Not less than three durable, distinctive reference point or monuments;
3. Sufficient data to determine readily the bearing and length of each line;
4. The base meridian referred to.
B. A traverse of the boundaries of the subdivision and of all lots and blocks therein shall close within an error of not more than one foot in five thousand feet.
C. Primary survey control points shall be referenced to section corners and monuments, and corners of adjoining subdivisions or portions thereof shall be identified and ties shown.
D. Permanent control monuments shall be established at controlling corners on the boundaries of the subdivisions, the intersections of the centerline of roads within the subdivision, and beginning and ends of curves on centerlines. Permanent control monuments may be placed on offset lines. (Prior code § 16.12.340)
17.16.180 Final plat format.
A. Every final plat shall consist of one or more sheets, each eighteen inches by twenty-four inches, clearly and legibly drawn on tracing cloth, stable base mylar polyester film or equivalent approved material acceptable to the 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 one inch open the left side and one-half inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly and shall not be smaller than one inch to one hundred feet nor greater than one inch to fifty feet unless the administrator otherwise approves. The perimeter of the subdivision shall be depicted by heavier lines than appear elsewhere on the plat. Each sheet of the plat shall contain the subdivision name, graphic scale and the north point. Every signature affixed to a final plat shall be an original signature written in permanent black ink.
B. Every final plat shall include an accurate map of the subdivided land based upon a complete survey thereof, which map shall include:
1. All section, township, municipal and county lines lying within or adjacent to the subdivision;
2. The location of all monuments or other evidence used as ties to establish the subdivision boundaries;
3. Location of all permanent control monuments found and established within the subdivision;
4. The length and bearings of all straight lines, and the radii, arc, lengths, and central angles of all curved lines;
5. Boundaries of the subdivision with complete bearings and lineal dimensions;
6. The length of each lot line and other data necessary for the location of any lot line in the field;
7. The location, width, centerline and name or number of all streets within and adjoining the subdivision;
8. The location and width, shown with broken lines, and description of every easement;
9. Numbers assigned to every lot and block within the subdivision;
10. The names of any adjacent subdivision.
C. Every final plat shall include written data which shall include:
1. The name of the subdivision;
2. The legal description of land contained within the subdivision;
3. The certificate of the registered land surveyor who conducted or under whose supervision was conducted the survey or 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 therein, conducted by me or under my supervision; that the distances, courses, and angles are shown thereon correctly; and that the monuments approved for setting at a later date have been set and lot corners staked on the ground as depicted on the plat.
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(Place for Signature)4. A statement of approval signed by the engineer;
5. A statement of approval signed by the health officer as to the design and/or construction of sanitary sewage disposal systems and public water supply systems proposed in the subdivision; provided however, that no such statement shall be deemed a guarantee of acceptability of individual septic tank systems contemplated for use within the subdivision;
6. If any portion of the subdivision lie within a flood control zone, a statement of approval signed by the Director of the State Department of Ecology or its successor;
7. A certificate bearing the typed or printed names of every person having an interest in the subdivided land, signed by such persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all lands shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision;
8. A certificate signed by the treasurer that all taxes have been paid one year in advance on all unimproved property in each proposed subdivision, and that delinquent assessments for which the land within the subdivision may be liable have been duly paid, satisfied or discharged;
9. Space for approval by the board chairman. (Ord. dated 9/27/82; prior code § 16.12.350)