Chapter 19.12
SUBDIVISIONS
Sections:
19.12.020 Preliminary plat procedures—Application requirements.
19.12.030 Administrative review.
19.12.050 Planning commission public hearing.
19.12.060 City council closed record hearing.
19.12.070 Disapproval due to flood, inundation or swamp conditions.
19.12.080 Preliminary plat—Expiration of approval—Extension—Conditions.
19.12.100 Final plat procedure.
19.12.110 Final plat—Dedications.
19.12.120 Final plat survey and improvement plan standards.
19.12.130 Final plat acceptance—Recording.
19.12.140 Modifications to a preliminary subdivision approval.
19.12.010 General provisions.
A. Applicability of Provisions. Every division or redivision of land for the purpose of sale, lease or transfer of ownership into five or more lots, parcels or tracts any one of which is less than one-one hundred twenty-eighth of a section or five acres shall proceed in compliance with this section.
B. Resubdivision of Platted Lots.
1. The division of any lot within a recorded subdivision shall be replatted in accordance with the procedures for subdivisions as provided in this chapter.
2. Lot lines within an existing subdivision may be adjusted in accordance with the boundary line adjustment procedures of this title, without replatting, providing that no new or substandard lots are created.
C. Plats within Floodplain. No plat shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the proper written approval of the Department of Ecology, state of Washington. (Ord. 2158 § 1 (part), 2005).
19.12.020 Preliminary plat procedures—Application requirements.
A. Preapplication Conference. Prior to the submission of a preliminary plat, the subdivider or his representative shall meet with city staff at a preapplication conference to discuss preliminary studies or sketches. At this time the departments 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 plan, zoning, availability of sewer and water, development concepts, other city requirements and permits, and environmental concerns. All contiguous property owned by the applicant must be included in the preapplication and subsequent application.
B. Application for Subdivision. Application for a preliminary plat approval shall consist of the following:
1. A general application form completed and signed by the property owner or his authorized agent;
2. Copies of the preliminary plat (as prepared by or under the supervision of a registered professional engineer or registered land surveyor), one reproducible copy and any supplemental material prepared in accordance with Chapter 19.55 CMC, Table of Required Information. The number of prints shall be as required on the application form;
3. The application shall be accompanied by a nonrefundable application fee as established by the city fee schedule; and
4. A completed environmental checklist if required, prepared in accordance with Chapter 43.21C RCW (SEPA). The checklist shall be accompanied by the required application fee. (Ord. 2158 § 1 (part), 2005).
19.12.030 Administrative review.
A. Review Procedure. The director, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the preliminary plat application, shall distribute copies to affected agencies for review and comment.
B. Technical Review. The director, with the assistance of reviewing agencies, shall determine if the proposal conforms to the policies, standards and accepted design principles for the following:
1. The comprehensive plan and zoning code;
2. Public facilities, including, but not limited to, adequate transportation, facilities, stormwater, drainage, water supply, sewage disposal, streets, sidewalks, bicycle, pedestrian and nonmotorized transportation, street lights, fire protection facilities, easements and utilities within and around the proposed subdivision;
3. Proposed lots have adequate means of ingress and egress in accordance with the provisions of this title; and
4. Public interest will be served by the subdivision and/or dedication.
C. Staff Report and Recommendations. Based on the information provided by the applicant for the proposed preliminary plat and the technical and design analysis of the proposed subdivision provided by affected agencies, the director shall compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the preliminary plat. (Ord. 2158 § 1 (part), 2005).
19.12.040 Hearing notice.
A. Community development shall set the date and time for a public hearing before the planning commission.
B. The costs of publishing the hearing notice and/or notice of application, generating mailing labels and mailing of notices shall be provided for by the applicant.
C. The notice of the public hearing, stating the time, place and purpose for which the hearing is held shall be published not less than fifteen days prior to the hearing, in a newspaper of general circulation within the city. The notice of public hearing shall also be mailed by the city at least fifteen days prior to the date of the hearing, to the owners of all properties located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the Washington State Department of Transportation in accordance with RCW 58.17.080, as it now exists or is hereafter amended when the proposed subdivision is located adjacent to the right-of-way of a U.S. (federal) highway.
D. All hearing notices shall include a copy of the preliminary plat and a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or written description other than a legal description. (Ord. 2158 § 1 (part), 2005).
19.12.050 Planning commission public hearing.
A. The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant facts and consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare, open spaces, drainageways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and whether the public use and interest will be served by the platting of such subdivision. If the planning commission finds the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning commission shall recommend approval of the preliminary plat to the city council. If the planning commission finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, then the planning commission shall recommend disapproval of the preliminary plat.
B. The planning commission shall make a recommendation for approval and may state conditions, if any, for such approval, or recommend disapproval in compliance with Chapter 2.16 CMC. The recommendation of approval or disapproval shall be based upon the factors specified in this title and RCW 58.17.110.
C. Recommended conditions to be fulfilled, if any, after approval of the preliminary plat shall be incorporated in the planning commission’s written recommendation. (Ord. 2158 § 1 (part), 2005).
19.12.060 City council closed record hearing.
The city council, upon receipt of a recommendation on any preliminary plat, shall at its next public meeting set the date for a closed record hearing to consider the matter in accordance with the procedures and standards for conducting a closed record hearing. A record of the closed record public hearing shall be kept by the city and shall be open to public inspection. (Ord. 2158 § 1 (part), 2005).
19.12.070 Disapproval due to flood, inundation or swamp conditions.
Pursuant to Chapter 58.17 RCW as it now exists or is hereafter amended, the planning commission shall consider the physical characteristics of the proposed subdivision site and may recommend disapproval of a proposed plat because of flood inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted in the final plat or in the planning commission’s recommendation. The city shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. (Ord. 2158 § 1 (part), 2005).
19.12.080 Preliminary plat—Expiration of approval—Extension—Conditions.
A. Approval of the preliminary plat shall be effective for five years from the date of approval, during which time a final plat or plats may be submitted. During this time the terms and conditions upon which the preliminary approval was given will not be changed without the applicant’s consent. A final plat meeting all requirements of this title shall be submitted to the city council for approval within five years of the date of preliminary plat approval. An applicant who files a written request with community development at least thirty calendar days before the expiration of this five-year period shall be granted a one-year extension of the approval period by the department; provided, that community development finds that the preliminary plat is consistent with the adopted comprehensive plan, is consistent with applicable public health and safety standards, and there are no emerging adverse environmental issues relevant to the project. If community development cannot make the above findings, the department shall schedule a public hearing before the planning commission to consider the requested one-year extension of time, in accordance with the procedures of this title. The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the planning commission’s recommendation.
B. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision’s compliance with all subdivision requirements in effect on the date that such extension is granted.
C. Knowledge of the expiration date and initiation of a request for extension of approval time is the responsibility of the applicant. The city is not responsible for providing notification prior to expiration. (Ord. 2158 § 1 (part), 2005).
19.12.090 Appeal of decision.
The decision of the city council on a preliminary plat is final and conclusive unless appealed to the superior court of Lewis County. (Ord. 2158 § 1 (part), 2005).
19.12.100 Final plat procedure.
A. Filing Period—Submission of Plans. The subdivider shall prepare a final plat (or portion thereof) as approved, and the improvement plans, profiles and specifications for streets, utilities and other required improvements to be constructed in the proposed subdivision, and submit it to community development. The number of prints to be submitted shall be as required by the application.
B. Review for Compliance with Preliminary Plat Approval. The director shall review the proposed final plat for conformance to the preliminary plat as approved by the city council and the required information contained within Chapter 19.55 CMC, Table of Required Information. The director shall then distribute a copy of the proposed final plat and required improvement plans to the city engineer.
C. Review by City Engineer—Authorization to Construct Improvements. The city engineer shall check the final plat and improvement plans for compliance with all applicable codes. Upon approval of the plans by the city engineer, the developer shall construct the required improvements.
D. Completion of Improvements—Surety. As provided in RCW 58.17.130, required improvements not completed prior to council approval of the final plat shall be secured in favor of the city by a surety in an amount acceptable to the city. The surety shall equal one hundred fifty percent of the estimated cost of completion as determined by the city engineer. The owners and/or developers of property shall deposit security with the city to guarantee proper installation of all required improvements in accordance with the plans, specifications, time limitations, and conditions relating thereto as meets with the approval of the council or such personnel as the council shall designate. The amount of the security shall be one hundred fifty percent of the city’s estimated costs of the improvements. Fifteen percent of the security must be in cash with the remaining one hundred thirty-five percent in the form of cash, an irrevocable letter of credit, or an escrow bond. Irrevocable letters of credit or escrow bonds shall be executed by financial institutions acceptable to the city and authorized to conduct business in the state of Washington, and must be in the form approved by the city. The bond or letter of credit as required by this section must be posted prior to recording. Upon completion, inspection, approval, and acceptance of the improvements, the security, less the fifteen percent cash portion of the security, shall be released to the developer. The fifteen percent cash security amount shall be held for a period of one year following final inspection and acceptance to warrant improvements for this time period.
Sureties to guarantee required improvements as follows:
Street improvements including the pavement section, sidewalks, sewer, water and street lights. The developer shall complete or secure all required improvements prior to council approval of the final plat. (Ord. 2210 § 3, 2008: Ord. 2158 § 1 (part), 2005).
19.12.110 Final plat—Dedications.
No plat shall be approved unless adequate provision is made in the subdivision for the dedication or reservation of drainageways, streets, alleys, easements, parks, playgrounds and other general purposes in compliance with the approved preliminary plat and the environmental determination. (Ord. 2158 § 1 (part), 2005).
19.12.120 Final plat survey and improvement plan standards.
A. Survey—Certification. The final plat shall be prepared by a land surveyor registered in the state of Washington, who shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. The surveyor’s certificate shall include all required monuments, other than those approved and bonded for setting at a later date, have been set and all lot corners have been staked on the ground as depicted on the plat. All surveys shall conform to standard practices and principles for land surveying, including the Survey Recording Act, Chapter 58.09 RCW and 332-130 WAC.
B. Survey Data and Control Monumentation. See Chapter 19.55 CMC, Table of Required Information.
C. Permanent Control Monuments—Settings. Permanent control monuments within the streets shall be set after the streets are paved. In the event a final plat is approved before streets are paved, the surety deposited to secure street completion shall include one hundred fifty percent of the cost estimated by the city engineer for setting such monuments.
D. Detailed Construction Plan Standards. Final plans, profiles and specifications for streets, utilities and other required improvements shall be provided to the city engineer. Improvement plans shall conform to Chapter 18.10 CMC, Design and Development Guidelines, and shall be made by or under the supervision of a Washington State registered professional engineer who shall stamp and sign all plans, profiles and specifications.
E. The final plat shall contain a certification from the Lewis County treasurer stating that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged. (Ord. 2158 § 1 (part), 2005).
19.12.130 Final plat acceptance—Recording.
A. Prior to filing the final plat for council action, the director shall make a determination that:
1. The proposed final plat meets all standards established by state law and this title;
2. The proposed final plat bears the certificates and statements of approval required by law. (See Chapter 19.55 CMC, Table of Required Information);
3. A title insurance report which bears the original signature of the title officer and is no more than thirty days old shall be provided by the developer. The report must confirm that the title of the land in the proposed subdivision is vested in the name of the owners having a title interest and whose signatures appear on the plat’s certificate; and
4. The developer has provided any required surety in a form commensurate with required improvements.
B. Filing for Council Action. RCW 58.17.140 provides that the council shall act on the final plat within thirty days from the date of filing thereof. For this purpose, the date of filing shall be construed to be the date the director has submitted the final plat to the council after all administrative requirements of this title have been met.
C. Council Determination. The council shall determine that the conditions imposed on the approved preliminary plat have been met and that any required surety is adequate to assure completion of the required improvements not already completed.
D. Certification and Recording. If approved, the council shall certify its acceptance by authorizing the mayor to sign a statement to that effect on the face of the plat. Two mylar bases and the required county recording fee shall be furnished to the city of Centralia. The director shall then forward one mylar base to the city engineer. One mylar shall be recorded with Lewis County auditor by the director within five days after the date the last required signature has been obtained.
E. After recording, the subdivider shall provide one eleven-inch-by-seventeen-inch paper copy of the recorded mylar to community development within seven days of recording the final plat. No building permits will be issued until the copy of the recorded plat has been provided to community development. The fees for this copy shall be paid by the subdivider in addition to all other recording fees. (Ord. 2158 § 1 (part), 2005).
19.12.140 Modifications to a preliminary subdivision approval.
The director may administratively approve minor amendments to a preliminary subdivision approval. The city council’s approval is required after a public hearing for major amendment to a preliminary subdivision approval. Notice of the hearing shall be sent in accordance with the notice requirements for a public hearing in Chapter 20.02 CMC, and to all parties of record. A major amendment includes but is not limited to any of the following:
A. Amendments that would result in an increase to the number of lots in the subdivision beyond the number previously approved;
B. Amendments that would result in the relocation of any roadway access point to an exterior street from the plat;
C. Amendments that propose phasing of plat development not previously approved;
D. Amendments that, in the opinion of the director, would significantly increase any adverse impacts or undesirable effects of the plat. (Ord. 2210 § 4, 2008).