Chapter 16.15 PRELIMINARY PLATS

Chapter 16.15
PRELIMINARY PLATS

Sections:

16.15.010 Presubmittal conference.

16.15.020 Pre-application meeting with the planning commission.

16.15.030 Preliminary plat application submittal.

16.15.040 Time limit for action.

16.15.050 Consent to access.

16.15.060 Environmental checklist and determination.

16.15.070 Specific requirements.

16.15.080 Distribution.

16.15.090 Review criteria.

16.15.100 Planning commission review.

16.15.110 Hearing – Notice procedure.

16.15.120 Hearing – Public record.

16.15.130 Notification of action.

16.15.140 Duration of approval.

16.15.150 Amendments.

16.15.010 Presubmittal conference.

Prior to the submittal of the preliminary plat, the subdivider and/or a representative of the subdivider shall meet with the public works and planning staffs to discuss preliminary studies or sketches. At this time, staff shall make available all pertinent information as may be on file relating to the general area. It is the purpose of this conference to eliminate as many potential problems as possible in order for the preliminary plat to be processed without delay. The conference should take place prior to detailed work by an engineer or surveyor. Discussion topics at this time would include such things as the Comprehensive Plan, street plan, Shoreline Master Program, this code, availability of sewer and water, development concepts, other city requirements and permits, and the environmental impact of the plat. If the applicant owns adjacent land, the possibilities of future development shall be discussed. (Ord. 1110 § 2, 2002).

16.15.020 Pre-application meeting with the planning commission.

Additionally, a meeting shall be scheduled between the applicant and the planning commission to review the preliminary plat. This meeting shall be held following the conference described in SMC 16.15.010 and shall include those city staff personnel who shall have substantial roles in the administering of the development of the subdivision. (Ord. 1110 § 2, 2002).

16.15.030 Preliminary plat application submittal.

(1) Subsequent to the presubmittal conference, the subdivider shall submit a preliminary plat application accompanied by an environmental checklist. Information required on preliminary plat applications is specified in SMC 16.15.070 and shall be submitted on forms provided by the planning director, accompanied by all items specified in the application checklist provided by the department.

(2) The planning director shall inform the applicant within 28 days of any deficiencies found in the application or whether the application is complete.

(3) The planning director shall assign the subdivision a permanent file number. (Ord. 1110 § 2, 2002).

16.15.040 Time limit for action.

Preliminary plats of any proposed subdivision shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of notification of a complete application, unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement (EIS) is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the EIS. (Ord. 1110 § 2, 2002).

16.15.050 Consent to access.

The subdivider shall permit free access to the land being divided to all agencies considering the subdivision for the period of time extending from the time of application to the time of final action. (Ord. 1110 § 2, 2002).

16.15.060 Environmental checklist and determination.

Each and every preliminary plat submitted to the planning director for filing shall be accompanied by an environmental checklist. If it is determined that an EIS is required to be completed, then the plat shall not be considered as filed until the final EIS has been completed. No public hearing on the preliminary plat shall be held until the final EIS (if required) has been completed and been made available for the general public. (Ord. 1110 § 2, 2002).

16.15.070 Specific requirements.

(1) The preliminary plat shall show specifically and clearly all of the following features and information on one or more maps, drawings or application forms. Specific items may be waived if it is the opinion of both the public works director and planning director that they are not necessary.

(2) Accuracy for all data and information submitted on or with a preliminary plat shall be the responsibility of the applicant. Any proposed plat found to be inaccurate or misleading so as to hamper the decision of the hearing examiner shall be returned to the applicant with a letter stating that the plat must be corrected and returned to the staff.

(3) Scale and Size. The preliminary plat shall be at a scale of not more than 50 feet to the inch, nor less than 200 feet to the inch.

(4) General Information Required.

(a) Proposed name of the subdivision. This name shall not duplicate nor resemble the name of another subdivision in the city of Stanwood;

(b) The names and addresses of all landowners within the proposed subdivision, the developer (if other than the owners), the land surveyor and/or the professional registered engineer responsible for laying out the plat;

(d) The plat scale, datum, north arrow and date;

(e) The boundary lines of the tract to be divided.

(5) Existing Conditions.

(a) A vicinity sketch shall be submitted indicating the boundary lines and names of adjacent subdivisions, streets and boundary lines of adjacent parcels, and the relationship of the proposed subdivision to major highways, schools, parks, shopping centers and similar facilities.

(b) Replats. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement of the plat. The new plat shall be so clearly shown in solid lines so as to avoid ambiguity, all as required by Chapter 58.12 RCW.

(c) The location and direction of all watercourses, lakes and streams and the location of all areas subject to flooding shall be shown in a map. Watercourses and drainage ways shall be located within an easement which reserves to the city the right to enter such properties for the purpose of flood control or maintenance.

(d) Natural features such as rock outcroppings, marshes, wooded areas shall be shown.

(e) Existing uses on the property, including location of all existing structures to remain on the property after platting shall be indicated.

(f) Existing zoning on the land to be platted and also on the surrounding land for a distance of 300 feet shall be shown.

(g) The location and size of all pertinent existing sewers, water mains, culverts, and other public or private underground installations within the subdivision and immediately adjacent thereto and elevations of sewers at points of probable connections shall be indicated.

(h) The locations, widths and names of both unopened and open streets, easements and other ways within or adjacent to the proposed development shall be shown on a map. The location of other important features such as the general outline of permanent buildings, water sources, power lines, telephone lines, railroads, city boundaries, section lines and section corners shall also be shown.

(i) Contours of sufficient intervals to indicate the topography of the entire tract for a sufficient distance beyond the boundaries of the proposed subdivision shall be indicated as follows:

(i) Up to five percent slope: two-foot contours;

(ii) Five percent and over slopes: five-foot contours.

Datum shall be city of Stanwood datum.

(j) The existing monuments or other such identifying markers as required by the public works department shall be shown.

(6) Proposed Plan of Partitioning.

(a) The location, width, name and approximate grade and radii of curves of streets shall be indicated. The relationship of streets to any projected streets as shown on the city’s Comprehensive Plan or street plan that has been adopted shall be shown.

(b) Sites, if any, allocated for purposes other than single-family dwellings shall be indicated.

(c) Approximate centerline profiles, with extensions, for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and the nature and extent of street construction shall be provided.

(d) A proposal for domestic water supply stating the source and a preliminary distribution system layout shall also be provided.

(e) Proposals for sewage disposal, stormwater drainage and flood control shall be submitted.

(f) If lot areas are to be substantially graded, a plan showing the nature of cuts and fills and information on the character of the soil shall be provided.

(g) Proposals for other improvements such as electric utilities, pathways, recreation facilities, etc., shall be submitted.

(h) The layout of proposed street rights-of-way, alleys, easements, lots and blocks, and the approximate dimensions of each shall be shown.

(i) All parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved in the deeds for common use of the property owners in the subdivision with the purpose, conditions, or limitations of such dedications or reservations clearly indicated shall be provided.

(j) Trees and natural features that are to be preserved in the subdivision shall be shown on a map.

(7) Partial Development. If the proposed plat pertains to only part of the tract owned or controlled by the subdivider, a sketch showing the tentative layout for streets and contemplated land use in the unsubdivided portion shall be submitted.

(8) Statement from the Stanwood-Camano School District assessing safe walking conditions to local schools.

(9) Additional Information. The subdivider shall supply any additional information as may be required by the public works director or planning director. (Ord. 1110 § 2, 2002).

16.15.080 Distribution.

The planning director shall distribute copies of the preliminary plat and pertinent information to the following:

(1) Public works department: two copies;

(2) City of Stanwood fire department: one copy;

(3) Other public officials and agencies: as the planning director may deem appropriate. (Ord. 1110 § 2, 2002).

16.15.090 Review criteria.

Preliminary plats shall be reviewed:

(1) To assure conformance of the proposed subdivision to the general purposes of this code, the Comprehensive Plan and to development standards, specifications and policies adopted by the city council.

(2) To inquire into the public use and interest proposed to be served by the establishment of the subdivision and/or dedication. Appropriate provisions shall be made for, but not limited to, the following:

(a) Open spaces, drainage ways, streets, alleys, sidewalks, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds, safe walking conditions to schools, fire protection, landscaping, street trees, lighting, and appropriate transit stops, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it is found that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the proposed plat may be disapproved. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat.

(b) Prevention of Overcrowding. Consideration shall be given to the physical characteristics of the land in relation to the number of persons, buildings or sites proposed to be located thereon, and also to the availability of public facilities such as water, sewers, fire protection, streets, schools, parks, etc., if not adequately provided for within the subdivision.

(c) Traffic Circulation on the Streets and Highways. Proposed streets must be aligned or built in such a way as to best facilitate the movement of traffic and reduce the possibility of accidents. This shall include a consideration of the alignment of intersections, width and surfacing of streets, proper curbs, sidewalks or paths, radii of curves and sight vision at intersections, hills and private easements.

(d) Adequate Light and Air. There shall be assurance that the plat is arranged in such a way that all lots have adequate light and air.

(e) Proper Arrangement and Provision of Easements and Pathways and Other Bicycle-Pedestrian Paths, Etc. There shall be assurance of conformance with existing layout of pathways and streets and also to adopted plans for such. Adequate provisions for pathways connecting various parts of a subdivision shall be considered in such a way that most of the pedestrian and nonmotorized traffic is diverted away from vehicular lanes. There shall be consideration given to providing trail systems in areas conducive to such (along creeks, rivers, scenic areas, etc.).

(f) Protection of any on-site cultural or historic resources.

(3) To consider the physical characteristics of the proposed subdivision site, including flood, inundation or swamp conditions. The hearing examiner may recommend the construction of protective improvements be required as a condition of approval, with such improvements to be noted on the final plat in order to assure that:

(a) All such proposals are consistent with the need to minimize flood damage.

(b) All public utilities and facilities, such as sewer, gas, electrical and water systems, are located, elevated and constructed to minimize or eliminate flood damage.

The hearing examiner shall give due consideration to all of the above items. Written findings of fact and conclusions shall address the above criteria and shall be included in the hearing examiner’s decision. (Ord. 1164 § 4, 2004; Ord. 1110 § 2, 2002).

16.15.100 Planning commission review.

The planning commission shall hold a public meeting to hear a report from the planning director and take public comment on any preliminary plat application. The planning commission shall review the plat for conformance with the criteria listed in SMC 16.15.090. The planning commission shall make a recommendation to the hearing examiner to deny, approve, or condition the approval of any application. (Ord. 1110 § 2, 2002).

16.15.110 Hearing – Notice procedure.

(1) Upon receipt of a preliminary plat and all required data, the planning director shall set a date for public hearing before the hearing examiner. Notice of the date, time and place of the public hearing shall be given as required by SMC 17.85.010.

(2) Notice shall be given to Snohomish County when the county boundary is within one mile of the proposed subdivision.

(3) Notice to the State Department of Transportation shall be given on every proposed subdivision located within 300 feet of the right-of-way of a state highway.

(4) Notice shall be given to the State Department of Ecology, Division of Water Resources, if the land is situated in a floodplain or flood-control zone, as provided in Chapter 86.16 RCW.

(5) Notice to other federal, state or local agencies shall be given as may be relevant to determine if the public use and interest may be served by the proposed subdivision. (Ord. 1110 § 2, 2002).

16.15.120 Hearing – Public record.

All hearings shall be public. Records of the hearing examiner’s hearings on preliminary plats shall be kept by the planning director and shall be made available to the public upon request. (Ord. 1110 § 2, 2002).

16.15.130 Notification of action.

Upon approval, disapproval or modification of the preliminary plat, the planning director shall so notify the applicant within 10 days of said action. The decision shall be noted on two copies of the preliminary plat, including reference to any attached documents describing conditions imposed by the hearing examiner. The planning director shall return one copy to the subdivider and retain one copy for the permanent file. (Ord. 1110 § 2, 2002).

16.15.140 Duration of approval.

(1) Approval of the preliminary plat shall be effective for seven years from the date of approval during which time a final plat or plats may be submitted; provided, that this provision shall expire December 31, 2014, consistent with RCW 58.17.140 as amended by the 2010 State Legislature in SSB 6544, on which date the effective period for the preliminary plat shall be five years. During the effective period of the preliminary plat, the terms and conditions upon which the preliminary approval was given shall not be changed.

(2) An applicant who files a written request with the community development department prior to the expiration of the plat approval may be granted additional extension(s) for not more than one year at a time by the city council. If this additional extension of time is approved, the preliminary plat shall be subject to all new and amended regulations, requirements, policies or standards that are adopted or in effect at the time the additional extension is granted.

(3) Knowledge of expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The city shall not be held accountable for notification, although it may notify an applicant of date of expiration. All requests for an extension of time must be submitted prior to expiration of the preliminary plat or any prior extensions, whichever is applicable. (Ord. 1266 § 1, 2010; Ord. 1110 § 2, 2002).

16.15.150 Amendments.

(1) Minor amendments to a preliminary plat may be approved by the community development director. To be considered a minor amendment, the amendment must:

(a) Constitute less than a 10 percent change in the approved plat;

(b) Constitute less than a 10 percent increase in area or density of the approved plat; and

(2) All amendments determined to not be minor shall be processed as major amendments, which shall require a new application in compliance with this chapter. (Ord. 1266 § 2, 2010; Ord. 1110 § 2, 2002).