Chapter 17.22
FINAL PLAT

Sections:

17.22.010    Final plat – Filing.

17.22.020    Final plat – Form and content.

17.22.030    Additional requirements – Certifications.

17.22.040    Final plat – Filing and procedure.

17.22.050    Final plat – Phased development.

17.22.060    Vacation, replat or alteration of final plat – Procedure.

17.22.070    Filing fee – Vacation, replat or alteration of final plat.

17.22.080    Planning commission – Findings of fact and recommendations.

17.22.090    Council review of alteration, vacation, or replat of a final plat.

17.22.100    Modification of plat.

17.22.110    Building permits.

17.22.120    Issuance of permits.

17.22.010 Final plat – Filing.

A. Final plats shall be submitted for filing with the department of public works together with:

1. The original drawing and a mylar transparency prepared by a land surveyor licensed in the state of Washington and 10 prints; and

2. A final plat filing fee, the amount of which shall be set by town council resolution. (Ord. 92-9 § 3, 1992).

17.22.020 Final plat – Form and content.

A. The final plat shall be drawn on cloth, mylar, or similar material, sheet size 24 by 36 inches, with a one-half-inch ruled margin or border and containing the following information:

1. Name of plat;

2. Location by section, township, range and by other legal description;

3. The scale and the north point; the scale of the final plat shall be one inch equals 50 feet or other scale as approved by the public works director;

4. The boundary line of the plat, based on an accurate traverse, with angular and linear dimensions, and the basis of bearing;

5. Exact location, width, name of all streets, alleys and pedestrian walkways within and adjoining the plat and all easements for rights-of-way provided for public services or utilities;

6. True courses and distances to the nearest established street lines or official monuments which shall accurately locate the plat;

7. Township or section lines accurately tied to the lines of official monuments which shall accurately locate the plat;

8. Radii, internal angles, points of curvature, and lengths of all arcs;

9. All dimensions to the nearest one-hundredth of a foot and angles and bearings in degrees, minutes and seconds;

10. Accurate location of all monuments; one such monument shall be located at each street intersection, point of curvature or point of intersection and each and every controlling corner on the boundaries of the parcel of land being subdivided, and at such other locations as required by the director;

11. Bearings and distances of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners;

12. The width of the portion of streets being dedicated, the width of any existing right-of-way and the width of each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;

13. Easements denoted by fine dashed lines, clearly identified and, if already of record, their recorded reference. The width of the easement, its length and bearings, and sufficient ties to locate the easement with respect to the land division must be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication;

14. Lot numbers beginning with number “1” and numbered consecutively without omission or duplication throughout the division and generally beginning with the first lot on the left entering the plat and finishing with the first lot on the right entering the plat. The numbers shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure. Lot numbers in an addition to a land division of the same name shall, where practical, be a continuation of the numbering of the original land division;

15. Accurate outlines and designations of any areas to be dedicated or reserved for public use or to be committed for the common use of all property owners with the purpose of dedication, reservation and commitment to be clearly set forth on the land division document together with accurate references to appropriate recorded documents;

16. All required dedications, endorsements, covenants, affidavits and certificates shall show on the face of the final land division;

17. The land division plan shall show the land division of the section or sections involved and show the township(s) and range(s); provided, that if the land being divided is not described by section subdivision, the final land division map shall show a vicinity map showing monuments and land corners sufficient to properly orient the new land division;

18. Specific wording as may be required by the preliminary land division approval;

19. A land division contiguous to, or representing a portion of or all of the frontage of a body of water, river or stream shall indicate the location of monuments, which shall be located at such distance above high-water mark as to reasonably insure against damage and destruction by flood or erosion;

20. Lots containing one acre or more shall show net acreage to nearest hundredth, whenever possible;

21. Designation of lots to be used for other then single-family residential purposes;

22. If the land division constitutes a replat of all or portions of an existing division this shall be clearly indicated just below the division name. All original plat lines shall be shown in halftone around the perimeter of the new land division. (Ord. 92-9 § 3, 1992).

17.22.030 Additional requirements – Certifications.

A. In addition to other requirements set forth in this chapter or by state law, each final plat shall:

1. Be acknowledged by the person filing the final plat before the Pierce County auditor or any other notary public;

2. Be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as must thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with the actual traverse, showing error of closure and method of 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 10,000 feet;

3. Contain certification of the licensed land surveyor preparing the plat that a survey has been made and that the required monuments will be set;

4. Be accompanied by a copy of any protective deed covenants;

5. Be accompanied by a certification by the director of public works that the developer has complied with either of the following alternatives:

a. All improvements have been installed in accordance with the requirements of these regulations, or

b. Certain improvements have been deferred in accordance with the provisions of EMC 17.20.150;

6. Be accompanied by a title insurance report from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication and listing all encumbrances. The report shall be dated within 45 days prior to the approval of the final plat by the town council;

7. a. Contain certificate stating that the subdivision has been made with a free consent, and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages to the adjacent land by the established construction, drainage, and maintenance of the street or other area so dedicated. Such certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided;

b. An offer of dedication may include a waiver of right of direct access to any street from any property, and if such dedication is accepted, any such waiver is effective. Such waiver may be required by the department of public works as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat and shall have been developed in accordance with the Eatonville private road standards. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quitclaim deed to the town or grantee for use for the purpose intended by the donation or grant. The acceptance of dedication by the town shall not obligate the town to improve or develop the lands in the dedication;

8. Contain a certificate by the Pierce 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;

9. Contain a statement of approval from the director of public works as to the survey data, the layout of streets, alleys and other rights-of-way, design and construction of bridges, sewage and water systems, and other structures;

10. Contain proper forms with space for signatures for the approval or acceptance of such other officials as are required by law to approve or accept the final plat;

11. Contain a certification by the town clerk that all assessments and other fees for which the property may be liable have been paid;

12. Restrictions. The following restrictions shall show on the face of the final land division;

a. All landscaped areas in public rights-of-way shall be maintained by the owner and his successor(s) and may be reduced or eliminated if deemed necessary for or detrimental to town road purposes,

b. Any additional conditions as approved by the staff or council;

13. The following shall be required when the division contains a private street:

a. The cost of construction and maintaining all streets not herein dedicated as public streets shall be the obligation of all of the owners and the obligation of any corporation in which title of the streets may be held. A maintenance agreement shall be agreed to by the town and shall be recorded with and become a covenant on each lot of the division served by the private street, all maintenance agreements shall be in accordance with Chapter 17.32 EMC;

14. The following shall be required when the division contains commonly owned tracts:

a. Community tracts shall be owned and maintained in common for the benefit of all lot owners and shall be in accordance with Chapter 17.32 EMC. All lots have an undivided interest in the ownership and maintenance of community areas. The ownership interest in each community tract shall be stated in the deed to each lot;

15. Any portion of a subdivision which contains wetlands and/or sensitive areas as defined by Chapters 15.16 and 15.20 EMC must conform to the requirements of those chapters, including appropriate notice on the plat that subject property is within a sensitive area per the notice provisions of those chapters. (Ord. 92-9 § 3, 1992).

17.22.040 Final plat – Filing and procedure.

A. Upon filing of the final plat with the department of public works, the director of public works shall check the calculations and detail of the final plat for accuracy, correctness and completeness.

B. After evaluation, the director shall prepare a report indicating whether all requirements of state and local law have been met, and whether the final plat conforms to the preliminary plat in all respects.

C. If all requirements of state or local laws have been met and the final plat conforms in all respects to the preliminary plat, the director shall forward the final plat along with all written approval and other data pertinent to the plat to the town council.

D. If the town council finds (1) the final plat is in conformance with the preliminary plat; and (2) that the public use and interest will be served by the proposed subdivision, it shall by resolution authorize the mayor to execute the council’s approval upon the plat and to accept all dedications made thereon for the use of the public.

E. The final plat shall be approved, disapproved, or returned to the developer within 30 days from date of filing thereof, unless the developer agrees to an extension of time.

F. Upon approval of the final plat by the town council, the original of the final plat shall be returned within five days to the developer for filing with the county auditor. If the final plat is not filed by the developer within 90 days of council approval, such approval shall be null and void.

G. Disapproval or approval by the town council of the final plat shall be final unless within 30 days of the town council action any aggrieved property owner files a writ of review in the superior court of Pierce County.

H. Upon recording the final plat the developer shall, within 10 days, deliver to the town a copy of the final plat bearing the auditor’s recording number and date. (Ord. 92-9 § 3, 1992).

17.22.050 Final plat – Phased development.

Portions of an approved preliminary plat may be processed separately for recording in divisions, provided that the divisions were identified in the preliminary plat and that the recording of division is consistent with the conditions of preliminary plat approval and will meet all the requirements for final approval if subsequent divisions are not recorded. Prior to the approval of a division of a final plat, the director of public works may require assurance devices submitted for construction of improvements in subsequent divisions if such improvements are necessary for the division being approved to meet requirements of the plat, other applicable ordinances and proper function of utility systems. (Ord. 92-9 § 3, 1992).

17.22.060 Vacation, replat or alteration of final plat – Procedure.

A. If, after a final plat has been filed with the county auditor, the owners of the property desire any alteration of the plat, they shall present a petition to the town council signed by three-fourths of the owners of the plat in number and area.

B. The petition shall be accompanied by a plat showing the vacation, alteration or replat, drafted upon a copy of the existing plat or that portion desired to be altered, replatted or vacated, and shall be filed with the town clerk.

C. A public hearing shall be held before the planning commission on the proposed alteration, replat or vacation of a plat not less than 30 days and not more than 60 days after filing of the petition with the town.

D. Agency Recommendations Required. Accompanying the petition at the public hearing shall be the comments and recommendations of the following agencies:

1. The department of public works, as to compliance of the proposed vacation, alteration or replat to the town’s engineering and utility requirements;

2. The written statements of the planning division and engineering division as required by EMC 17.22.080(C).

E. Notice of the public hearing shall be paid for by the petitioner and shall contain the following information:

1. When and by whom the petition was filed;

2. Purpose, time, place, and date set for the hearing;

3. Description of property sought to be altered, replatted, or vacated.

F. Notice of public hearing shall be paid for by the petitioner and shall be given as follows:

1. By publication of a notice in a newspaper of general circulation in the town not less than 10 days prior to the date of the hearing;

2. By sending notices by mail not less than 10 days prior to the date of the hearing to the agencies listed in EMC 17.20.070;

3. By serving notice upon all the owners of property within the plat not joining in the petition in the manner provided for service of summons in civil actions; and

4. To all property owners joining in the petition. (Ord. 92-9 § 3, 1992).

17.22.070 Filing fee – Vacation, replat or alteration of final plat.

A filing fee shall be submitted with the petition the amount of which shall be set by town council resolution. This fee shall be in addition to other fees such as public hearing notice costs as any additional SEPA fees if required. (Ord. 92-9 § 3, 1992).

17.22.080 Planning commission – Findings of fact and recommendations.

A. After the close of the public hearing, the planning commission shall make findings of fact which represent the official determination of the commission.

B. The findings of fact shall include the following:

1. Whether or not the proposed alteration, vacation, or replat is consistent with the comprehensive plan and town planning and town’s public works standards and specifications;

2. Whether appropriate provisions are made for:

a. The public health, safety and general welfare,

b. Open spaces,

c. Drainageways,

d. Streets or roads, alleys, other public ways,

e. Potable water supplies,

f. Sanitary wastes,

g. Parks and recreation,

h. Playgrounds,

i. Schools and school grounds, considering all relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;

3. Whether the public use and interest will be served by the alteration, vacation or replat, and the dedications made therein;

4. Whether the individual property owners within the plat will be served by the alteration, vacation or replat.

C. The findings of fact set forth in subsection (B) of this section shall be supported by written statements from the department of public works.

D. The planning commission shall, by written report, recommend approval or disapproval. If the commission finds that the proposed alteration, vacation, or replat makes appropriate provisions as required by the provisions of subsection (B)(2) of this section and that the public use and interest as required by subsection (B)(3) of this section will be served, then the commission shall recommend approval of the proposed alteration, vacation or replat. The written report shall contain the findings of fact of the commission and a short summary of the evidence supporting those findings and shall be filed with the town clerk as a public record.

E. The chairman of the planning commission shall forward the planning commission recommendation to the town council not later than 14 days after the written decision by the planning commission is issued. (Ord. 92-9 § 3, 1992).

17.22.090 Council review of alteration, vacation, or replat of a final plat.

A. Upon receipt of recommendations of the planning commission, the date shall be set for the public meeting where the town council shall review the commission’s recommendations.

B. The hearing by the planning commission as provided for by EMC 17.22.060 shall constitute the hearing by the council. Council review shall be limited to review of the petition, minutes, staff report, and any written testimony submitted at the hearing before the planning commission unless the council decides at the public meeting to schedule its own public hearing. Any interested party may comment on the commission’s recommendations, and/or findings of fact, and such shall become a part of the record before the council. At its discretion, the council may request information from any staff member or party for the purpose of clarification at the meeting.

C. If, after considering the matter at a public meeting, the council decides that an additional public hearing is required, a public hearing shall be set.

D. Notice of the public hearing before the council shall be given as provided for in EMC 17.22.060(E) and (F).

E. At the public hearing or meeting and prior to taking action on any alteration, vacation, or replat, the council shall make findings of fact which shall include those matters listed in EMC 17.22.060(B).

F. The council, after adopting findings of fact, shall by resolution approve or disapprove or approve subject to conditions or modifications the alteration, vacation or replat. If the council finds that the proposed alteration, vacation or replat makes appropriate provisions as required by the provisions of EMC 17.22.080(B)(2) and that the public use and interest as required by EMC 17.22.080(B)(3) will be served, then the council shall approve the proposed alteration, vacation or replat. The resolution shall include the findings of fact and a short summary of the evidence supporting those findings and shall be filed with the town as a public record. (Ord. 92-9 § 3, 1992).

17.22.100 Modification of plat.

A. If, after approval of the plat, circumstances render it impractical, unfeasible, or detrimental to the public interest to accomplish a particular feature or element of work required as a condition of preliminary plat approval or voluntarily proposed by the developer and accepted in good faith without having been imposed by the town as a special condition of plat approval, the applicant may file a request for modification of the original approval with the department of public works.

B. The request for modification must be accompanied by letters and data which the director deems necessary, and a modification fee to be set by resolution of the town council. The town clerk shall set a date for public hearing on the modification before the town council, and a notice shall be given as provided in EMC 17.20.070(B) and (C).

C. At the public hearing, prior to taking action on the proposed modification, the town council shall make findings of fact which represent the official determination of the town council, and shall include the following:

1. Why the modification is necessary;

2. Whether appropriate provisions are made as required by EMC 17.20.080(B)(2); and

3. Whether the public use and interest will be served as required by the provisions plat.

D. The council shall, by resolution, approve or disapprove the modification of the proposed plat. (Ord. 92-9 § 3, 1992).

17.22.110 Building permits.

The town building official shall not issue any building permit for a structure to be built on any parts of a proposed subdivision until the final plat is filed with the county auditor except for the model home provision set forth in EMC 17.04.110. (Ord. 92-9 § 3, 1992).

17.22.120 Issuance of permits.

No building permit, septic tank permit, or floodplain development permit shall be issued for any lot, tract or parcel of land divided in violation of any part of this chapter or Chapter 58.17 RCW, or as hereafter amended, unless the issuing authority finds that public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without notice. (Ord. 92-9 § 3, 1992).