Chapter 16.24
REVIEW AND PLATTING PROCEDURES
Sections:
Article I. Review
16.24.015 Inactive applications.
16.24.030 Hearing procedure, notice and planning commission review.
16.24.040 City council review.
16.24.050 Installation of improvements and bonding.
Article II. Final Plats
16.24.090 Survey and monuments.
16.24.110 Certificates of dedication.
16.24.120 Additional requirements.
Article I. Review
16.24.010 Outline of review.
Review procedures are as follows:
A. The applicant or representative meets with the director or designee or designated official to review city requirements as described in BMC 16.20.010;
B. The applicant submits an application that includes all the required information outlined in BMC 16.08.010 and 16.20.020(A);
C. The director or designee reviews the application and notifies the applicant of what additional information is required to make the application complete;
D. The director or designee, city engineer and SEPA consultant, as appropriate, inspect the site and submit reports to the planning commission concerning the proposed plat;
E. The planning commission holds an open record public hearing as outlined in BMC 16.24.030;
F. The planning commission reviews the application and decides to either request additional information or revisions from the applicant, or recommend approval or disapproval of the preliminary plat to the city council. The planning commission does not recommend approval until all additional information and revisions have been reviewed;
G. The city council reviews the recommendation and information at a meeting, reviewing the record established before the planning commission;
H. The city council issues the decision;
I. The applicant installs the required improvements;
J. The applicant submits the final plat to the city council for approval;
K. The city council acts on final plat;
L. Appeal of city council action may be made to Snohomish County superior court; the appeal must be commenced in accordance with Chapter 1.20 BMC. (Ord. 377 § 4, 2010: Ord. 349 § 2, 2007: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.015 Inactive applications.
If at any time in the review process prior to preliminary plat approval, the applicant fails to provide information requested by city staff, the city engineer, planning commission or city council within one year of the date of the request, the application shall be considered invalid, thus requiring a new application and fee. The one-year time limit may be extended for up to six months for a justifiable cause outside of the applicant’s control, such as illness or death in the family. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.020 Staff review.
A. The city clerk shall transmit one copy of the application, including the SEPA checklist and the proposed preliminary plat, to the director or designee for his recommendations regarding the proposed subdivision or dedication, one copy to each member of the planning commission, and shall retain at least one copy for the file.
B. The director or designee shall provide a written determination to the applicant stating either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the application complete.
C. If additional information is necessary to make the application complete, the director or designee shall review the additional information when it is provided and provide another written determination to the applicant stating whether or not the application is complete.
D. The director or designee shall review the complete application, and set forth his findings, together with a list of all required improvements and/or dedications, and his recommendations regarding the proposed subdivision or dedication, in report form to the planning commission and the applicant at least five days prior to the public hearing.
E. The director or designee shall obtain written approval or disapproval of all engineering calculations and designs from the city engineer and obtain a SEPA review, if required, from the city environmental consultant. (Ord. 377 § 5, 2010: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.030 Hearing procedure, notice and planning commission review.
A. The planning commission shall hold an open record public hearing as soon as practicable after the application is deemed complete. Notice of the hearing shall be given as follows:
1. The notice shall contain the date, hour and location of the hearing and the legal description of the property together with either a vicinity sketch or a location description in nonlegal language calculated to advise the general public of the location of the subject property.
2. This notice shall be published at least once not less than ten days prior to the hearing in the official newspaper of the city.
3. Notice of proposed land use notices shall be posted in two locations on the property in clear view from the right-of-way. Signs shall be placed by the city and it shall be the responsibility of the applicant to maintain the signs until relieved by the city. Copies of notice shall be posted at official posting locations of the city not less than ten days before the hearing.
4. Notices shall be sent to adjacent property owners by using the preaddressed stamped envelopes provided by the subdivider and shall be deposited in the United States mail not less than ten days before the hearing.
B. The following organizations or officials outside of the city shall be notified not less than ten days before the hearing as to the description of the property to be subdivided and the date, time and location of the public hearing:
1. If the proposed subdivision is adjacent to the corporate limits of the city, notice shall be given to the appropriate county or adjacent city officials.
2. If the proposed subdivision contemplates the use of another municipality’s utilities, notice shall be given to said municipality.
3. If the proposed subdivision is adjacent to the right- of-way of a state highway, notice shall be given to the State Department of Highways.
C. After the open record public hearing, the planning commission shall review all information submitted relating to the proposed subdivision or dedication and decide to:
1. Recommend approval by city council;
2. Recommend disapproval by city council; or
3. Request revisions, corrections or additional information.
D. The planning commission may re-open the public hearing to solicit comments on any revisions, corrections or additional information that has been presented.
E. The planning commission shall make a recommendation to the city council. (Ord. 349 § 3, 2007: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.040 City council review.
Upon receipt of the recommendations from the planning commission, the city council shall, at its next regular public meeting, commence consideration of the recommendation of the planning commission, reviewing the record established before the planning commission. The city council shall not receive additional testimony or exhibits, but may ask questions of the applicant, city staff and consultants, and any person to clarify the evidence and information obtained by the planning commission. An opening explanation by city staff to summarize the process, explain generally the proposed preliminary plat layout, and summarize the planning commission recommendation shall not be deemed additional evidence or information. If the city council determines that additional evidence or information is necessary to render a decision, the city council shall identify specifically the evidence and information to be obtained, and shall request the planning commission to re-open the public hearing for the limited purpose of obtaining such evidence and information. The planning commission shall give notice of the re-opened hearing in the same manner as the original hearing. After closing the additional hearing, the planning commission shall submit the supplemental evidence and information to the city council within seven business days. (Ord. 349 § 4, 2007: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.050 Installation of improvements and bonding.
A. Once a proposed plat is granted preliminary plat approval by the city council, the subdivider shall complete the installment of all required improvements specified in the concomitant agreement and other relevant documents before requesting final plat approval, with the exception of the final lift of asphalt for the plat roadway and the requirement for four trees per lot, which may be presented for bonding at the time of final plat approval. The bond presented shall be in written bid form to perform such work, multiplied by one hundred fifty percent.
B. All installation work shall be performed during weekdays, seven a.m. to eight p.m., except as approved by the director or designee.
C. At least three business days before any installation work is begun, the developer shall notify, preferably in person, all easement holders that may be affected and all residents of abutting properties as to the work that is planned and the date the work is expected to begin.
D. All activities regulated by this chapter shall be inspected by the engineer and/or public works department. Projects shall be inspected at various stages of the work to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land-disturbing activities; installation of utilities, landscaping, retaining walls; and completion of project. When required by the director or designee, a special inspection and/or testing shall be performed.
The holder of any permit or approval issued subject to a detailed drainage plan shall arrange with the engineer for scheduling the following inspections:
1. Initial Inspection. Whenever work on the site preparation, grading, excavations, or fill is ready to be commenced, but in all cases prior thereto;
2. Rough Grading. When all rough grading has been completed;
3. Bury Inspection. Prior to burial of any underground drainage structure;
4. Finish Grading. When all work including installation of all drainage structures and other protective devices has been completed;
5. Planting. When erosion control planting shows active growth.
In some circumstances not all of the above inspections may be necessary. It shall be the discretion of the public works director or designee to waive or combine any of the above inspections as dictated by conditions.
The public works director or designee shall inspect the work and shall either approve the same or notify the applicant in writing in what respects there has been failure to comply with the requirements of the approved plan. Any portion of the work which does not comply shall be promptly corrected by the applicant. The public works director or designee may make unscheduled site inspections to ensure compliance. (Ord. 377 § 6, 2010: Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A) (part), 1996)
16.24.060 Extensions.
A final plat shall be submitted for approval within five years of preliminary plat approval. No extensions shall be granted. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
Article II. Final Plats
16.24.070 Approval.
The final plat shall be approved, disapproved or returned to the applicant by the city council within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.080 Submittal.
The final plat shall meet the requirements of the preliminary plat and shall incorporate any modifications required as a condition of approval of the preliminary plat. Twelve copies of the final plat shall be submitted with required fees. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.090 Survey and monuments.
A. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is relocated, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and actual traverse showing error of closure and method balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in five thousand feet.
B. In addition, the survey of the proposed subdivision and preparation of the plat shall be made by or under the supervision of a licensed professional land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.
C. Permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided and such other points as the city engineer shall determine are necessary. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.100 Certifications.
The plat shall contain a certificate giving a full and correct description of the lands divided as they appear on the plat. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.110 Certificates of dedication.
The plat shall also contain a certificate of dedication for all areas deeded to the public for street, utility or other purposes required by this title. Such certificate of dedication shall be properly notarized and shall be considered, to all intents and purposes, a quitclaim deed to the city. Every plat containing a dedication must be accompanied by a title report containing the legal description of the property, and confirming that the title of said subdivision property does belong to the stated owner or owners. Final approval of the plat by the city shall be evidence of acceptance of the dedications. Dedications shall include waiver of right or direct access to any street from any property if required as a condition of approval. All roadways not dedicated to the public must be clearly marked on the face of the plat. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.120 Additional requirements.
Each plat or replat of any property submitted for final approval shall have the following placed upon the face of the plat:
A. A certification from a proper officer in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of date of certification, and any other fees or penalties owed, have been duly paid, satisfied or discharged.
B. Certification by the city engineer that the plat has been examined and approved as complying with all terms of the preliminary approval of the proposed plat, subdivision or dedication.
C. The city engineer may require that the property owners agree on behalf of themselves, their assigns or subsequent purchasers to indemnify, defend and hold harmless the city from any and all claims for damages and/or injunctive relief and a waiver of all claims for damages and/or equitable relief against the city or any agency thereof, which may be occasioned to the adjacent or downstream property by the established construction, drainage and maintenance of improvements required to be installed in said plat. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.130 Format.
All final plats shall contain the information and be in the form as contained in Appendix “A” attached to the ordinance codified in this title, and by this reference made a part of this title. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.140 Written approval.
When the city council finds that the public use and interest will be served by the proposed subdivision and that the subdivision meets the requirements of the city the written approval of the city shall be placed upon the face of the plat. Final approval shall be within thirty days from the date of filing thereof, unless the applicant consents to an extension of time, or unless the application is continued by the city. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)
16.24.150 Filing for record.
Subsequent to approval by the city council, the final plat shall be filed for record in the office of the county auditor. The subdivider shall furnish the city with mylars of the size(s) specified by the city, necessary fees and all pertinent information and documents for recording the plat. Upon satisfactory review by staff and affixed signatures, the city shall record the plat with the county auditor’s office and obtain four copies of the recorded plat. The city shall retain the original mylar and one copy and shall transmit three copies to the subdivider. The subdivision shall not be an approved plat under these regulations until the final plat is recorded in the office of the county auditor. (Ord. 25.H § 1(part), 1999: Ord. 25.G § 2(Exh. A)(part), 1996)