Chapter 24.04
Final Plat1
Sections:
24.04.030 Requirement for each final plat filed for record.
24.04.040 Certificate giving description, statement of owners, and dedication requirements.
24.04.050 Departmental review.
24.04.010 Time limitations.
(a) In General. A final plat meeting all of the requirements of law shall be submitted to the City within five years of the date upon which the approval of the preliminary plat is final. The approval of a preliminary plat shall be automatically null and void without any further action by the City if final plat approval is not obtained within the time limitations specified herein.
(b) Extensions.
(1) Procedure. A single, one-year time extension may be granted by the Director via a Type I procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing.
(2) A written application for any extension of time under the provisions of this section shall be filed with the Department at least 90 days prior to the expiration of the existing period of approval currently applicable. The applicable time period shall be tolled from the date of filing the application for extension until the date of the final decision by the City.
(3) Changed Conditions. Upon filing of an application for extension, a copy shall be sent to each party of record together with governmental departments or agencies as were involved in the process of preliminary plat approval. If any comment requests the alteration or expansion of conditions of approval, the applicant shall be provided with a copy of such proposal and a period of 14 calendar days in which to file objections, if any, and/or a request for formal hearing with the Examiner. In the absence of such objection, the Director may conclude that the proposed change in conditions is acceptable to the applicant and proceed to a decision in accordance with procedures set forth in this section.
(4) Director--Decision--Appeal. The decision of the Director to grant or deny extensions of time shall be final unless appealed in accordance with DMC 25.175.010(4).
(c) Phases. If the developer desires to develop said subdivision in phases, each phase must be approved within the time limits specified herein. (Ord. 07-835 § 1).
24.04.020 Procedure and fees.
Final plat applications shall be processed with a Type IV procedure as provided in DMC 25.175.010 with a filing fee set by separate ordinance. Said fee shall be paid at time of filing. (Ord. 07-835 § 1).
24.04.030 Requirement for each final plat filed for record.
Each and every plat of any property filed for record shall:
(a) Contain a legal description of the plat which shall match the description on the title insurance report.
(b) Contain a dedication for all streets, easements, open space, tracts, or other parcels to be dedicated to the public or other specifically noted entities or organizations.
(c) Be acknowledged by the person filing the plat before the county auditor or any other officer who is authorized by law to take acknowledgment of deeds, and certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith.
(d) Contain certification from the assessor-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.
(e) Contain a statement of approval from the City Engineer as to the construction of all streets and associated storm drainage systems. Streets not dedicated to the public shall be clearly denoted on the face of the plat and the plat shall contain adequate provisions for the maintenance of the private streets.
(f) Contain either a certification from Pierce County as to the means of sewage disposal or signature line on the face of the plat for Pierce County Utility.
(g) Contain answers to all preliminary plat conditions.
(h) Contain a final plat filing fee receipt.
(i) Be accompanied by a complete survey of the section or sections in which the plat or re-plat is located with all survey work being done in compliance with RCW 58.24.040. The final plat shall follow the format as shown on the City formal plat standards as now enacted or hereafter amended.
(j) Be submitted to the Department along with the following:
(1) Seven paper prints.
(2) Two copies of a title report, not more than 30 days old, from a title insurance company containing the complete and correct legal description of the plat, listing all easements of record which affect the property and confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the dedication.
(3) Final plat land use breakdown sheet.
(4) One copy of the plat boundary, individual lots and street centerline computer closures for the plat.
(5) Related plat documents, including, but not limited to: plat performance bond; plat landscape and irrigation performance bond; plat water system bill of sale; and agreement for right-of-way and landscaping maintenance. (Ord. 07-835 § 1).
24.04.040 Certificate giving description, statement of owners, and dedication requirements.
Every formal subdivision, short subdivision or large lot subdivision filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat drawing, including a statement that the subdivision of property has been made with the free consent and in accordance with the desires of the owner(s) or contractor purchasers. If the subdivision of property includes a dedication, the certification shall also contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat document 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 street. Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.
Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quit-claim deed to the said donee or donees and/or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. (Ord. 07-835 § 1).
24.04.050 Departmental review.
City staff shall review final plats for compliance to the criteria below and make recommendations to the Director.
(a) The final plat meets all standards established by State law and this title relating to final plats;
(b) The proposed final plat bears the certificates and statements of approval required by this title and State law;
(c) The final plat meets the conditions of preliminary plat approval and City code;
(d) A title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision and is vested in the name of the owners whose signatures appear on the plat’s certificate;
(e) The facilities and improvements required to be provided by the developer have been completed or, alternatively, that the developer has provided a performance bond, or cash deposit in lieu thereof, or other security commonly used by banking and lending institutions; provided further, that the bond, cash deposit, or other security, as hereinabove required, shall be filed with the City Engineer and shall be in a form acceptable to the City Attorney and in an amount and with sureties commensurate with improvements remaining to be completed and securing to the City the construction and installation of the improvements within a fixed time. (Ord. 07-835 § 1).
24.04.060 Council review.
The City Council shall review final plats in accordance with Chapter 25.175 DMC and Chapter 58.17 RCW. The Director shall recommend approval if the proposed final plat meets the following criteria:
(a) The plat conforms to all terms of preliminary plat approval;
(b) Bond(s), if any, by their essential terms assures completion of improvements;
(c) The plat meets the requirements of State law and this title in effect at the time of preliminary plat approval.
After the City Council approves the plat, the Department shall forward the original signed drawings to the county auditor for filing. The applicant shall forward six copies of the recorded plat to the Director. (Ord. 07-835 § 1).
Prior legislation: Ords. 378 and 05-789.Statutory references: Chapter 58.17.110 RCW, Chapter 58.24.040 RCW.