Chapter 16.16
SUBDIVISIONS

Sections:

16.16.010    Applicability and purpose.

16.16.020    Simultaneous processing of preliminary plat.

16.16.030    Resubdivision of platted lots.

16.16.040    Preliminary plat.

16.16.050    Effect of approval of a preliminary plat.

16.16.060    Phased development.

16.16.070    Final plat.

16.16.080    Final plat acceptance – Recording.

16.16.010 Applicability and purpose.

Every division of land for the purpose of sale, lease or transfer within the city, except any land divided under another chapter of the land division code, shall be accomplished as set forth in this chapter and the development regulations. Preliminary plats are processed as a Type IVA project permit and final plats are processed as a Type IVB project permit. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.020 Simultaneous processing of preliminary plat.

In accordance with RCW 58.17.070, a preliminary plat of a proposed subdivision and dedication of land shall be submitted for review and consideration to the hearing body. A preliminary plat can be processed simultaneously with applications for rezones, variances, planned unit developments, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.030 Resubdivision of platted lots.

The division of any lot within a final plat shall be replatted in accordance with this chapter. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.040 Preliminary plat.

After the administrator determines an application for a subdivision is complete, it shall be reviewed according to the process for a Type IVA project permit, under the development regulations, and shall be approved upon a determination it satisfies the requirements of the land division code. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.050 Effect of approval of a preliminary plat.

Approval of a preliminary subdivision shall constitute authorization for the subdivider to develop the improvements required according to the approval. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.060 Phased development.

Portions of an approved preliminary plat may be processed separately for recording in divisions; provided, that the recording of a division is:

A. Pursuant to a development agreement addressing factors raised by the separation of the approved preliminary plat into divisions;

B. Consistent with the conditions of preliminary plat approval; and

C. Will satisfy all the requirements for final approval if subsequent divisions are not recorded, including without limitation the provision of financial sureties guaranteeing the construction of improvements in subsequent divisions if such improvements are necessary for the division. (Ord. 1466 § 1, 2014: Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.070 Final plat.

A. Filing Period – Submission of Plans. At any time within five years following the approval of a preliminary plat, the subdivider shall submit the proposed final plat design along with the plans for all improvements in such number and format as requested by the administrator. The final plat shall be processed as a Type IVB project permit, under the development regulations.

B. Review by Administrator – Compliance with Preliminary Plat Approval. The administrator shall review the proposed final plat for conformance to the preliminary plat as approved by the approval authority. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.16.080 Final plat acceptance – Recording.

A. Review by Administrator. Prior to filing the final plat for approval authority action, the administrator shall make a determination that:

1. The final plat meets all standards established by state law and this code;

2. All dedications of land shall be clearly and precisely shown on the face of the plat. Roads not dedicated to the public must be clearly labeled as such on the face of plat. If a subdivision is subject to a dedication, a certificate or separate instrument shall contain the dedication of all streets to the public, an individual or individuals, religious society or societies, or to any corporation, public or private, or similar interest, and a waiver of all claims for damages against any government authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of roads and improvements. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having ownership interest in the land subdivided and recorded as part of the final plat;

3. Protective improvements and easements to maintain such improvements shall be dedicated and shown on the face of the final plat;

4. If the hearing body, upon recommendation of the administrator, concludes that the public interest will be served thereby, the hearing body may, in lieu of requiring a dedication of land in a subdivision for protective improvements, drainage ways, alleys, sidewalks, parks, recreation trails or spaces, fire, water, sewer, or other utility facilities, or community or other general purposes, allow said land to be conveyed to a homeowners’ association or similar nonprofit maintenance corporation; provided, that sufficient guarantees are included to absolve the city from responsibilities thereof;

5. A subdivider who wishes to make a conveyance as permitted in this section shall submit with the final plat application copies of the grantee organization’s articles of incorporation and bylaws, and evidence of the conveyance or binding commitment to convey and maintain. The articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the subdivision; that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation. The hearing body may impose such other conditions as it deems appropriate to assure the property and improvements owned by the corporation will be adequately constructed and maintained;

6. If applicable, the restrictive covenants proposed to be imposed upon land in the subdivision contain sufficient maintenance provisions for roads and drainage purposes;

7. The proposed final plat bears the certificates and statements of approval required by law including approval blocks for approval authority, auditor, Chelan County treasurer, planning department and public works department;

8. Each plat shall contain certification from the Chelan County treasurer 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 in accordance with RCW 58.17.160;

9. A title insurance report furnished by the developer confirming 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 certificate; and

10. The developer has provided any required surety in a form acceptable to the city attorney in an amount commensurate with improvements required to be completed.

B. Filing for Approval Authority Action. RCW 58.17.140 provides that the approval authority shall act on the final plat within thirty days from the date of filing. For this purpose, the date of filing shall be construed to be the date the administrator has submitted the final plat to the approval authority after all requirements of this code have been met.

C. Approval Authority Determination. The approval authority 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 approval authority shall certify its acceptance by authorizing the mayor to sign a statement to that effect on the face of the plat. The administrator shall then forward one mylar base or reproducible copy to the public works director and one paper copy to the county assessor. The applicant shall submit the required recording fee to the administrator who shall record the final plat with the auditor. (Ord. 1397 § 8 (Exh. 7) (part), 2009).