Chapter 16.20
FINAL PLAT REVIEW
Sections:
16.20.070 Application requirements.
16.20.080 Distribution of applications.
16.20.100 Effect of final plat approval.
16.20.010 Title.
This chapter shall be called “Final Plat Review.” (Ord. 1856 § 2 (Exh. B), 2018).
16.20.020 Application.
This chapter shall apply to all applications for final plat approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.030 Purpose.
The purpose of this chapter is to establish the procedures and requirements for reviewing applications for final plat approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 36.70, 36.70A, 36.70B, and 58.17 RCW and other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.050 Approval required.
A. No plat shall be recorded prior to obtaining both preliminary and final plat approval.
B. Applications for final plat approval shall not be accepted without an approved preliminary plat.
C. No application for final plat approval shall be accepted until the construction phase is completed. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.060 Review process.
A. Applications for final short plat approval shall be processed as Type I decisions in accordance with the procedures identified in BMC Title 14A.
B. Applications for final subdivision approval shall be processed as Type I decisions in accordance with the procedures identified in BMC Title 14A, except that city council approval shall be required.
C. Applications for final plat approval shall be submitted within the time periods prescribed by BMC 16.10.110. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.070 Application requirements.
Applications for final plat approval shall be made on forms provided by the director and shall include all of the information required by the form in addition to all of the items listed below. Only applications including all of the information required by this section shall be deemed complete for purposes of complying with BMC Title 14A. A complete application shall include:
A. Any applicable fees in accordance with the fee schedule established by the city council;
B. Additional copies of all required information. The director shall specify the required number of copies in order to ensure that each department, or official, charged with reviewing the application can be provided with a copy;
C. A copy of the approved preliminary plat and the decision granting preliminary approval;
D. A statement from the city engineer indicating the construction phase is complete and all required utilities, infrastructure, streets, roads, sidewalks, and other improvements have been installed in accordance with the approved preliminary plat and any other applicable city requirements;
E. A statement from the Skagit Public Utility District indicating water service bas been extended to serve each lot in the plat, unless the lot is designated on the face of the plat for nonbuilding purposes;
F. A title report provided by a title insurance company licensed in the state of Washington, dated not more than 30 days prior to the application date, confirming that the title of the lands as described and shown on the face of the plat is in the name of the owners signing the certificate;
G. A full set of survey notes consistent with the requirements of chapter 16.40 BMC;
H. A final plat prepared by a land surveyor licensed in the state of Washington. The final plat shall be consistent with the applicable standards and requirements identified in chapter 16.40 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.080 Distribution of applications.
Applications which have been deemed complete in accordance with the requirements of BMC Title 14A and BMC 16.20.070 shall be distributed and reviewed as follows:
A. The building official shall review the application to ensure that any conditions of preliminary plat approval relating to chapter 15.04 BMC and the flood development regulations identified in chapter 14.15 BMC have been met.
B. The fire marshal shall review the application to ensure that any conditions of preliminary plat approval related to chapter 15.08 BMC have been met.
C. The city engineer shall review the application with respect to accuracy, engineering standards, the survey and design requirements of chapter 16.40 BMC, and to ensure that any conditions of preliminary plat approval related to BMC Titles 12 and 13, and chapter 14.05 BMC have been met.
D. Each official identified above shall review the final plat application and provide the director with a report addressing all of the following:
1. Whether or not the application complies with the municipal code requirements, laws, and regulations the official is charged with administering; and
2. Whether or not the conditions specified in the preliminary approval have been satisfied; and
3. Verifying that all improvements, infrastructure, utilities, roads, and dedications required by the preliminary approval have been provided, constructed, or installed; and
4. Verifying that all required permits or other regulatory approvals such as grading permits, flood development permits, and right-of-way permits have been obtained. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.090 Approval process.
A. Short Subdivisions. Following the review process specified in BMC 16.20.080, the director shall approve the final plat application, return it to the applicant for corrections, or deny it.
B. Long Subdivisions. Following the review process specified in BMC 16.20.080, the director shall forward the final subdivision plat to the city council. The city council shall, by ordinance, either approve the final plat application or deny it. If the city council approves the final plat, it shall inscribe and execute written approval on the face of the plat and the original plat shall be transmitted to the auditor for recording. Copies of approved final plat shall also be transmitted to the director and city engineer.
C. Approval Criteria. Applications for final plat approval shall be approved, denied, or returned to applicant for corrections based on the following criteria. Applications for final plat approval which meet all of the following criteria shall be approved:
1. The final plat is consistent with the approved preliminary plat; and
2. All of the conditions of approval associated with the preliminary plat have been satisfied; and
3. All of the infrastructure and improvements required as a condition of preliminary plat approval have been constructed or installed; and
4. The city engineer has certified that the final plat is technically correct and accurate, complies with all applicable survey and mapping standards, and all lot corner markers and permanent control monuments have been installed; and
5. The title insurance report submitted with the final plat application confirms that title of the land and the proposed short subdivision is vested in the name of the owners whose signatures appear on the face of the plat certificate; and
6. All other applicable requirements of this chapter have been addressed.
D. Resubmission. Any final plat which is disapproved may, at the applicant’s option, be resubmitted for approval consistent with the following:
1. The deficiencies of the final plat application which caused it to be rejected or returned shall be addressed;
2. The final plat shall be resubmitted prior to the expiration of the preliminary plat in accordance with the applicable timelines identified in BMC 16.10.110;
3. Final plats being resubmitted for approval shall be treated as new final plat applications, shall be subject to the same review fees as new applications, and must be consistent with all of the requirements identified in this chapter;
4. If the final plat application was denied with prejudice against resubmission, a new application for preliminary plat approval shall be submitted, in which case the application shall be considered a new and separate application and shall be subject to all of the applicable regulatory requirements in effect at the time of submittal;
5. Final plat applications may not be resubmitted after the expiration of the preliminary approval. (Ord. 1856 § 2 (Exh. B), 2018).
16.20.100 Effect of final plat approval.
A. Once a final plat has been approved and recorded, development within the plat shall be governed by the terms of the approved plat, and the statutes, ordinances, and regulations in effect at the time of its approval for a period of five years from the date of recording unless the city council finds that a change in conditions creates a serious threat to the public health or safety.
B. Lots within a final plat that has been approved and recorded shall be considered legal lots.
C. Recorded plats may only be altered, modified, or vacated in accordance with chapter 16.50 BMC. (Ord. 1856 § 2 (Exh. B), 2018).