Chapter 16.24


16.24.010    Requirements.

16.24.020    Time limit for submission.

16.24.030    Drawings.

16.24.040    Review and approval.

16.24.050    Recording.

16.24.060    Final plat alteration.

16.24.070    Final plat vacation.

16.24.010 Requirements.

The final plat shall conform substantially to the preliminary plat and shall incorporate any conditions or recommendations imposed by the planning agency and approved by the city council. Any required signatures shall be in permanent black ink on the original document to be filed. In addition, the final plat shall show clearly the following information:

A. A complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the Department of Natural Resources pursuant to RCW 58.24.040 as now exists or as may be hereafter amended. It should include information necessary to establish the corner(s) of the quarter section in which the plat is located or as much thereof as may be necessary to properly orient the plat within such section or sections. The survey shall be submitted with copies or complete field notes and computations showing original or reestablished corners, with descriptions of and reference ties to all corners and copies of field notes showing error of closure and method of balancing, with sketch showing all distances, bearings and calculations required to determine corners and traverse distance of the plat. The allowable error of closure shall not exceed one foot in ten thousand feet;

B. Tract boundary lines, property lines of lots, open space, other sites and other rights-of-way, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid any ambiguity;

C. Name and right-of-way width of each street, easement or other right-of-way;

D. Location, dimensions, beneficiary and purpose of any easements;

E. Number to identify each lot or site and block;

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

G. Location and description of monuments existing or set, permanent control monuments shall be established at each and every controlling corner of the boundaries of the parcel of land being subdivided. The city superintendent shall determine the number and location of permanent control monuments within the plat;

H. Reference to recorded subdivision plats of adjoining platted land by record name, date and number and the lines and names of all existing or platted streets or other public ways, parks, playgrounds, other public lands, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines and section lines;

I. A certification by a registered land surveyor in a form acceptable to the city that the plat is a true representation of the lands actually surveyed; whenever a survey of a proposed subdivision reveals a discrepancy, it shall be noted in the face of the plat and disclosed in a title report submitted with the final plat.

J. Certificate giving full and correct description of the land divided as it appears in the plat, including a statement indicating consent by all those persons having ownership that the subdivision has been made with their free consent and in accordance with the desires of the owner or owners.

K. Where the plat is subject to dedication, a certificate or a separate written instrument containing the dedication of all streets, rights-of-way, easements or other areas to the public and individual(s), religious society or societies or to any corporation, public or private 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 said road or street. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat. Streets, rights-of-way and easements not dedicated to the public must be shown on the face of the plat.

L. Where the plat contains a dedication filed for record, a title report must accompany the plat confirming the title of the lands described and shown on the plat is in the name of the owners signing the certificate or instrument of dedication.

M. Certification from the county treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification by the treasurer have been fully paid, satisfied or discharged;

N. Statement of approval by the licensed consulting engineer, acting on behalf of the city, as to the survey data, layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures; no engineer who is connected in any way with the subdividing and platting of the land for which approval is sought, shall examine and approve same plats on behalf of the city;

O. Approval by the mayor;

P. Acknowledgment by the person filing the plat before the Okanogan County auditor or other office authorized by law to take acknowledgement of deeds, and said acknowledgement shall be enclosed or annexed to such plat and recorder therewith;

Q. Title, scale, north arrow and date;

R. A certification shall be submitted by the subdivider together with the plat certifying that the subdivider has either:

1. Completed improvements in accordance with these regulations and with the action of the city council giving approval of the preliminary plat; or

2. Provided acceptable surety for such improvements as provided in Section 16.28.190.

S. A copy of any proposed CC&Rs (covenants, conditions and restrictions) to be recorded with the proposed subdivision; and

T. Such other certificates, affidavits or endorsements as may be required by the city council in the enforcement of these regulations. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)

16.24.020 Time limit for submission.

The original tracing and four copies of the final plat and other exhibits required for approval as specified in Section 16.24.010 shall be submitted to the administrator and shall be accompanied by a written request for approval of the final plat, and shall be accompanied by the final plat processing fees as specified in the adopted fee resolution. The final plat shall be submitted to the city council pursuant to the time limits set forth in Section 16.20.150. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.24.030 Drawings.

The final plat shall be drawn on stable base mylar or equivalent material at such a scale as to make a map a minimum of eighteen inches by twenty-four inches and shall be at a scale of at least one inch equals one hundred feet unless the administrator requests or authorizes a different scale. Where necessary, the plat may be on several sheets, including match lines, accompanied by an index sheet showing the entire subdivision. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.24.040 Review and approval.

A. The administrator shall review the final plat for conformance to conditions imposed on the approved preliminary plat. If the proposed final plat is in conformance with all conditions of preliminary approval, then the administrator shall submit the final plat and required information for approval, approval with conditions or denial to the city council.

B. When the city council finds that the final subdivision conforms to all terms of the preliminary subdivision approval and that said subdivision meets the requirements of this title, and Chapter 58.17 RCW, as both these regulations were in effect at the time of preliminary plat approval, the city council shall authorize the mayor to sign the final plat after which the mayor shall suitably inscribe and execute their written approval on the face of the plat. The subdivision shall be governed by the terms of the final plat unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision at which time the city council may take any action needed for correction.

C. Final plats shall be approved, disapproved or returned to the applicant within thirty days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.24.050 Recording.

A. Recording Required. No final plat shall be filed unless approved by the city council. The original of an approved final plat should be filed for record with the Okanogan County auditor. One reproducible copy shall be furnished to the city consulting engineer. One paper copy each shall be filed with the Okanogan County assessor, the land surveyor representing the subdivider, the city superintendent and the city clerk.

B. Fees and Filing Procedure. Prior to filing, the applicant shall submit the final plat drawings to the administrator together with the filing fees for submission by the city to the Okanogan County auditor. After filing, the applicant shall provide the number and type of copies specified in subsection A of this section to the city for distribution. (Ord. 626 § 2 (Exh. A) (part), 1995)

16.24.060 Final plat alteration.

A. Application. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided under Section 16.04.060D that person shall submit an application to request the alteration to the administrator on an application form available from the administrator, including a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be accompanied by the following:

1. The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; and

2. If the subdivision is subject to restrictive covenants which were filed in conjunction with the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

B. Hearing—Notice. Upon receipt of an application for alteration, the administrator shall provide notice of the application to all owners of property within the subdivision as provided for in Sections 16.20.060 and 16.20.070. The notice shall either establish a date for a public hearing before the planning agency or provide that a hearing may be requested before the planning agency by a person receiving notice within fourteen days of receipt of notice.

C. Review Requirements. Review requirements for plat alterations shall conform with Sections 16.20.070 through 16.20.110 as applicable.

D. Staff Report. The administrator shall prepare a staff report, including findings of fact, to present to the planning agency. The staff report shall include a review of the plat alteration for conformance with subdivision standards, other land use regulations, and the city comprehensive plan.

E. Planning Agency Action. The planning agency shall review and evaluate the requested plat alteration for compliance with the currently applicable standards for subdivision in the city of Brewster and shall provide a recommendation to the city council.

F. City Council Action. The recommendation of the planning agency shall be submitted to the city council not later than fourteen days following their action on the proposed plat alteration. Upon receipt of the recommendation, the city council shall at its next public meeting, determine the public use and interest in the proposed alteration and may deny or approve the application for alteration.

G. Assessment District. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration.

H. Dedication. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

I. Drawings and Filing. After approval of the alteration, the city council shall order the applicant to produce the revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor which, after signatures of the authorities whose approval appeared on the original plat, and after submission to the city of recording fees, shall be filed with the Okanogan County auditor to become the lawful plat of the property.

J. The alteration of a subdivision containing easements by dedication is subject to RCW 58.17.218 and RCW 64.04.175 as now exist or as may be hereafter amended. Easements established by a dedication cannot be extinguished or altered without the approval of the owner(s), unless the plat or other document creating the dedicated easement provides for an alternative method or: methods to extinguish or alter the easement. (Ord. 926 § 2 (part), 2020; Ord. 626 §§2 (Exh. A) (part), 1995)

16.24.070 Final plat vacation.

A. Application. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the administrator.

The application shall set forth the reasons for vacation and shall be accompanied by the following:

1. The signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation; and

2. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

B. Procedure Relating to Streets.

1. When the vacation application is specifically for a city street, the procedures for street vacation in Chapter 35.79 RCW shall be utilized for the street vacation; and

2. When the application is for the vacation of the plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of streets or roads may not be made that are prohibited under RCW 35.79.035 or 36.87.130, respectively.

C. Hearing—Notice and Procedure. Upon receipt of an application, the administrator shall give notice as provided in Sections 16.20.060 and 16.20.070 and set a date for a hearing before the planning agency. The agency shall conduct a public hearing on the application for vacation and may recommend approval or denial of the application for vacation of the subdivision to the city council after determining the public use and interest to be served by the vacation of the subdivision.

D. Title to Vacated Land. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city, unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.

Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by city council. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.

E. Notification and Record of Action. After approval of the vacation, the city council shall direct the city clerk to notify all parties of the vacation and to file a copy of their action with the county auditor to become part of the record. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)