Chapter 17.12
MAJOR SUBDIVISIONS
Sections:
17.12.040 Preliminary plat review procedures.
17.12.050 Preliminary plat review criteria and required findings.
17.12.060 Preliminary plat approval – Continued development.
17.12.070 Final approval and recording.
17.12.010 Applicability.
Every division of land into 10 or more lots, plots, sites, parcels, or tracts within the city of Leavenworth shall proceed in compliance with this chapter. [Ord. 1610 § 1 (Att. A), 2020; Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.020 Administration.
The administration of this chapter is set forth within the provisions of this chapter and LMC Title 21. The community development director is vested with the duty of administering and interpreting the provisions of this title. The city of Leavenworth hearing examiner is given the authority to summarily approve, approve with conditions, disapprove or return for modification all proposed major subdivisions per LMC 21.03.060. Prior to the submission of a major subdivision application, the applicant shall arrange for a preapplication meeting as required and outlined in LMC 21.07.020. [Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.030 Application.
An applicant shall submit a complete major subdivision application to the community development director. A complete application for the purposes of this chapter shall consist of the following:
A. A fully completed and signed (by those individuals or corporations holding any ownership or security interest) major subdivision application form provided by the community development department that contains the information as required by Chapter 21.05 LMC;
B. Five copies of the preliminary plat which shall be a legibly drawn map 24 by 36 inches in size at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used;
C. One reduced (eight and one-half by 11 inches or 11 by 17 inches) copy of the preliminary plat or one digital copy of the preliminary plat on a format approved by the department;
D. The plat shall include the following information:
1. The purpose of the proposed subdivision;
2. A legal description of the area being divided;
3. The boundaries of the section (or plat) within which the major subdivision lies;
4. The boundary lines, dimensions and area of the major subdivision and the lots within it;
5. Proposed subdivision name, block and lot numbers. Block and lot numbers shall be laid out in a logical progression;
6. The location and widths of all existing and proposed roads, access easements, and driveways;
7. The location and dimensions of all existing buildings or structures and distances to proposed lot lines;
8. The location and widths of all existing and proposed utility easements;
9. The boundaries, dimensions, and area of all tracts or parcels to be dedicated or reserved for public or community uses;
10. The location of all existing and proposed water distribution systems, sewage disposal systems, stormwater systems, and irrigation systems;
11. Fire hydrant locations within or adjacent that will be connected to;
12. The location of the 100-year floodplain and floodway, if applicable;
13. The location of all water courses and the ordinary high water mark and approximate boundaries of all areas subject to inundation, if applicable;
14. Contours at two-foot intervals for zero to five percent cross slope; five-foot intervals for five to 30 percent cross slope; 10-foot intervals for over 30 percent cross slope; and spot elevations to determine the general locations of high and low points thereof;
15. Location of all existing structures, wells, septic tanks, drain-fields, overhead and underground utilities, municipal boundaries, and other important physical features;
16. Zoning and comprehensive plan designations; and
17. North arrow;
E. Three sets of road plans and profiles for all proposed roads;
F. The delineation, location, classification, and required analysis or mitigation plans as required for critical areas, including fish and wildlife habitat conservation areas, aquifer recharge areas, geologically hazardous areas, wetlands, and frequently flooded areas as presently contained in LMC Title 16;
G. Assessor’s parcel map of property and surrounding properties within 500 feet;
H. SEPA checklist or other environmental information as required in Chapter 16.04 LMC;
I. Any other information deemed necessary by the city for the adequate review of the proposed subdivision in conformance with the provisions of this title and all other applicable federal, state and local regulations;
J. Payment of all applicable review fees; and
K. A plat certificate issued within the preceding 30 days, including confirmation that the title to the lands as described and shown on said plat is vested in the owners signing the application and whose names appear on the plat certificate or instrument of dedication, and any easements or restrictions affecting the property, with a description of the purpose and referenced by the auditor’s recording number. [Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.040 Preliminary plat review procedures.
A. Preliminary plats shall be subject to the procedures established in Chapter 21.07 LMC.
B. Once the determination of a complete application is made, the community development director shall solicit comments on the proposed preliminary plat from the public works director, city engineer, fire chief or designee, building official, local utility purveyors, Cascade School District, Chelan County assessor, Chelan County public works (if the proposal abuts or could potentially adversely affect a county road), Chelan County treasurer, Washington State Department of Transportation (if the proposal abuts or could potentially adversely affect a state highway), irrigation district (if the proposal is within a district), Washington State Department of Ecology (if the proposal involves a critical area), LINK, and other appropriate agencies with jurisdiction or expertise. The referral agencies shall have 14 calendar days to return their written comments. Failure of the referral agencies to respond within the prescribed time will be interpreted as their having no comment on the proposal as submitted.
C. Upon the completion of the public comment period and the comment period required for SEPA, a public hearing shall be held for review of the proposed preliminary plat in conformance with the provisions contained in LMC 21.09.050. The community development director shall submit a report with recommendations to the hearing examiner reviewing the proposed preliminary plat and its conformance to the requirements of this title and all other applicable titles contained in this code, and the review criteria outlined in LMC 17.12.050.
D. Pursuant to the timelines delineated within Chapter 21.09 LMC, or such other period as the applicant may authorize, the hearing examiner shall approve, conditionally approve, or disapprove the proposed preliminary plat in writing subject to the review criteria and required findings as outlined in LMC 17.12.050. [Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.050 Preliminary plat review criteria and required findings.
A. The proposed preliminary plat shall be reviewed and approved only when the following criteria and findings are satisfied:
1. Consistency with the provisions of this title and all other applicable titles contained in this code;
2. Conformity with all applicable zoning requirements;
3. Consistency with the provisions contained in the comprehensive plan;
4. Consistency with applicable design standards;
5. Compliance with the provisions of any applicable federal, state and local law;
6. Prior to approving any preliminary subdivision, the hearing examiner shall determine and make written findings of fact that appropriate provisions are made for the following:
a. The public health, safety, and general welfare;
b. Open spaces;
c. Drainage ways;
d. Streets or roads, alleys, other public ways;
e. Transit stops;
f. Potable water supplies;
g. Sanitary waste;
h. Parks and recreation;
i. Playgrounds, schools and school grounds;
j. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;
7. Prior to approving any preliminary subdivision, the hearing examiner shall determine and make written findings of fact that:
a. The public interest will be served by the establishment of the subdivision and dedication(s);
b. The proposed subdivision is consistent with all applicable development code provisions; and
c. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted.
B. As a condition of approval, the hearing examiner may require dedication of land to any public body, provisions for public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090. No dedication, provision for public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitute an unconstitutional taking of private property.
C. Preliminary subdivision approval is valid for a period of five years, or as delineated by state law. During that period, the conditions of approval must be fulfilled or bonded for as provided in Chapter 17.20 LMC, and a final plat shall be filed for record with the Chelan County auditor. If the conditions attached to the preliminary subdivision approval are not satisfied or appropriately bonded for, and the final plat is not filed for record within the required period, preliminary approval of the subdivision shall become null and void. [Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.060 Preliminary plat approval – Continued development.
The plat map must delineate the separate divisions or phases that are to be developed. The preliminary plat approval is conditional upon the completion of the proposed phases in the stated sequence. Final plat approval is required for each separate phase or combined phases of the preliminary plat. All phases of said preliminary plat shall be completed and filed for record within the time period as outlined in LMC 17.12.040(D). [Ord. 1463 § 1 (Att. A), 2014; Ord. 1223 § 1, 2004.]
17.12.070 Final approval and recording.
A. Following city approval of a preliminary plat, completion, verification/certification and acceptance of any required improvements, the applicant may cause the subdivision or any part thereof to be surveyed and a final plat map prepared within the time frame period provided in Chapter 58.17 RCW. An applicant shall submit a complete final major subdivision application to the community development director. A complete application for the purposes of this chapter shall consist of the following:
1. Six copies of the final mylar, prepared by a surveyor in conformance with the provisions contained in this section;
2. A plat certificate issued within the preceding 30 days, including confirmation that the title to the lands as described and shown on said plat is vested in the owners signing the application and whose names appear on the plat certificate or instrument of dedication, and any easements or restrictions affecting the property, with a description of the purpose and referenced by the auditor’s recording number; and
3. Applicable review fees.
B. The community development director shall circulate the copies to agencies and individuals whose signatures are required on the final mylar for recording. Final plats shall be approved or returned with corrections to the applicant within 30 days from the date of filing thereof, unless the applicant consents to an extension of such time period. Upon return with corrections, said corrected copies (redlines) shall be processed in accordance with the time established pursuant to Chapter 21.07 LMC, as applicable. Said corrections shall be made and conformance to conditions imposed on the approved preliminary plat satisfied prior to submission of the final plat for recording.
1. No permit for the construction of improvements within an approved subdivision shall be issued by the city until all construction drawings, proposed performance guarantees, and other submittals in conformance with engineering design standards have been received and approved by the public works director or city engineer. All construction of improvements shall be inspected and approved in conformance with engineering design standards.
2. The final plat submitted for recording shall consist of one or more pages clearly and legibly drawn on a stable mylar or equivalent approved material at a scale of 100 feet to the inch (or a scale approved by the city) under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All survey work shall conform to the requirements of the Survey Recording Act, Chapter 58.09 RCW, as it now exists or as amended, and the final plat mylar shall contain the following additional information:
a. A certificate bearing the names of all persons having an interest in the land, signed and acknowledged by them before a notary public, which:
i. States their consent to the division; and
ii. Grants a waiver by them 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 public roads;
b. A space for approval and official seals of the community development director, and public works director or city engineer, acknowledgment of taxes paid by the Chelan County treasurer, and recording by the Chelan County auditor;
c. Permanent control monuments shall be established at controlling corners on the boundaries of the subdivision, the intersections of the centerline tangents of roads within the subdivision or points of intersections, the beginning and ends of curves on centerlines, and all block and lot corners. All other surrounding property shall be labeled in dotted lines;
d. Bearings of all lots, tracts, and centerlines or public and private roads within the project boundary;
e. For a subdivision that contains or is subject to a dedication, a certificate shall be placed on the face of the final plat mylar that contains the dedication of all streets and other areas to the public, and a waiver of claims;
f. Subdivision name and number as assigned by the city;
g. Legal description;
h. North arrow, numeric and graphic scale, and lot numbers;
i. Assigned street addresses;
j. All utility easements;
k. All notes as required by the conditions of approval;
l. Any restrictions or covenants affecting the property, with a description of the purpose and referenced by the auditor’s recording number;
m. Location, width, and name of all streets, alleys, and other public and private ways within and adjacent to the land division; and
n. The delineation of the 100-year floodplain and floodway and any wetlands, when present.
3. An approved subdivision shall not be filed for record with the Chelan County auditor until the applicant has constructed or bonded for all improvements, and satisfied all conditions as required by the granting of preliminary subdivision approval.
4. A subdivision shall not be considered final until recorded with the Chelan County auditor.
5. Any lots in a final plat filed for record shall be a valid land use, notwithstanding any change in zoning laws for the period provided for within Chapter 58.17 RCW from the date of filing. A major subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
6. Any failure to record the final plat within the time limit specified in Chapter 58.17 RCW shall render the plat null and void. [Ord. 1463 § 1 (Att. A), 2014; Ord. 1447 § 1 (Att. A), 2013; Ord. 1223 § 1, 2004.]