Chapter 16.17
MAJOR SUBDIVISIONS

Sections:

16.17.010    Purpose.

16.17.020    Scope.

16.17.030    Preliminary plat conditions and requirements.

16.17.040    Referral to other departments, agencies, and offices.

16.17.050    Waivers, deviations and deferrals.

16.17.060    Hearing examiner open record public hearing.

16.17.070    Notice of public hearing.

16.17.080    Hearing examiner action.

16.17.090    Town council action.

16.17.100    Expiration of preliminary plat.

16.17.110    Appeals.

16.17.120    Improvements.

16.17.130    Final major subdivision plat application.

16.17.140    Final plat review procedure.

16.17.150    Final plat fees.

16.17.160    Filing final plat.

16.17.170    Vested rights.

16.17.180    Appeals.

16.17.010 Purpose.

The procedures regulating major subdivisions are established to provide for the orderly and efficient division of land within the town; to promote the public health, safety, and general welfare, and to substantially comply with the provisions of RCW Chapter 58.17.

(Ord. No. 487, § 1, 9-3-09)

16.17.020 Scope.

This chapter regulates the division or redivision of land for the purpose of sale, lease, or transfer of ownership into ten or more lots, or that has been divided by a short subdivision within five years.

(Ord. No. 618, § 1, 10-4-18; Ord. No. 487, § 1, 9-3-09)

16.17.030 Preliminary plat conditions and requirements.

A. General Conditions and Requirements.

1. The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, the extension of municipal utilities (water and sewer), irrigation water right-of-ways, drainage ways, other public ways, public access, or any municipal improvements as deemed necessary in conformance with community street and utility standards and town design standards in effect at the time of plat approval.

2. The subdivision shall front on a existing street. There shall be adequate access to all parcels. Streets shall be improved to town standards. Street lighting shall be provided.

3. The subdivision shall comply with all zoning and health regulations.

4. The subdivision shall be generally consistent with the town’s comprehensive plan.

5. The subdivision shall provide for irrigation water right-of-ways pursuant to RCW 58.17.310 as now enacted or hereafter amended.

6. A street lighting plan as may be required by the town engineer must be provided. The plan must be approved by the Grant County public utility district and include certification that arrangements acceptable to the town and the Grant County public utility district have been made for the payment of required fees through the creation of a streetlight utility local improvement district (ULID).

A petition to form a streetlight utility local improvement district (ULID) coexistent with the boundaries of the plat as provided by state law shall accompany such approved plan. Such petition shall be in a form acceptable to the town and shall provide for the payment by properties located within the plat of the ongoing costs of the streetlights installed within the plat.

7. Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. Said information is a part of and must accompany the preliminary plat application.

8. Unless an applicant for a preliminary plat approval requests otherwise, and the plat administrator agrees, a preliminary plat shall be processed simultaneously with the application for rezones, waivers, deferrals, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedure requirements applicable to these actions permit simultaneous processing.

9. Every decision or recommendation made under this chapter by the council, hearing examiner shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

10. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification within the time provided under RCW Chapter 36.70B.

11. A plat certificate from a title company licensed to do business in the state of Washington dated within thirty days of the date of filing of the final plat and application with the plat administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication.

12. A certificate of occupancy shall not be issued until the final major plat has been recorded with the Grant County auditor.

B. Specific Conditions and Requirements.

1. Prior to submission of a major subdivision preliminary application and preliminary plat, the subdivider or the subdivider’s representative shall schedule a pre-application conference with the plat administrator and representatives of other affected town departments. The subdivider shall present a conceptual idea of the plat. The plat administrator and representatives of affected town departments will respond informally and address potential items of concern or clarification to aid the subdivider in preparing the major subdivision preliminary application and preliminary plat.

2. The preliminary major subdivision application and plat shall be filed with the plat administrator on forms prescribed by the plat administrator. Said application shall be accompanied by twelve copies of the preliminary plat.

3. The preliminary plat shall be a neat and accurate drawing, stamped and signed by a registered professional land surveyor licensed by the state of Washington on reproducible material at a decimal scale. The plat map shall measure eighteen inches by twenty-four inches. The preliminary plat shall be drawn in black permanent ink on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.

4. A nonrefundable fee established by a resolution of the council shall accompany each and every application for a preliminary major subdivision, together with all contracted staff review expenses, publication costs and any consultant fees incurred to be able to review and process the application.

5. The subdivider shall submit a list of the names and addresses of all owners of record of property within three hundred feet of the external boundaries of the proposed subdivision. In addition, the subdivider shall submit a list of the names and addresses of all owners of record of real property within three hundred feet of real property which lies adjacent to the external boundaries of the proposed subdivision and is owned by the subdivider.

6. The preliminary plat shall contain the following:

a. Name of proposed subdivision.

b. Boundaries of proposed subdivision established by the preliminary survey.

c. Location and dimension of all existing and proposed streets, alleys, utilities, and right-of-ways and/or easements on and adjacent to the proposed subdivision.

d. Location and dimensions of all existing and proposed irrigation water right-of-ways on and adjacent to the proposed subdivision.

e. Legal description of land within the proposed subdivision.

f. Any proposed land dedications.

g. Name, address, and seal of the registered land surveyor who made the preliminary survey.

h. The date of the preliminary survey.

i. Horizontal scale of the proposed plat shall be no more than one hundred feet to the inch.

j. Monuments found and established during the preliminary survey.

k. Date map is prepared, scale, and north point of the map. Approximate proposed lot lines with their dimensions, including lot numbers and block numbers.

l. If any of the parcels can be further divided or if only a portion of a tract is being divided, location of future streets, alleys, and lot lines shall be shown by dotted lines.

m. A vicinity map at a scale of not more than four hundred feet to the inch. Except that the town engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet to the inch. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood.

n. Provide recommended street names for approval.

o. United States Bureau of Reclamation horizontal and vertical data including bench marks.

p. A site plan on a separate sheet showing the following information:

i. Location and sizing of existing and proposed utilities including water, sewer, storm drains, electricity, street lighting, and gas, telephone, cablevision lines, and curb and sidewalk. Minimum size and scale shall be the same as the preliminary plat map.

ii. Existing and proposed structures and natural features and all proposed improvements within and adjoining the proposed subdivision.

iii. Topography of the area with a maximum of two-foot intervals of contours as required by the town engineer.

iv. Present zoning classification on and adjacent to property.

v. Any proposed dedications or in lieu of payment for park land subject to the approval of the town council.

vi. Name(s) of owner(s) of the proposed subdivision.

vii. SEPA checklist.

viii. Critical areas.

q. Any deed restrictions or covenants existing or proposed shall be drawn on the site plan and preliminary plat map.

(Ord. No. 487, § 1, 9-3-09)

16.17.040 Referral to other departments, agencies, and offices.

A. Upon receipt of a complete and satisfactory preliminary plat application, the plat administrator shall distribute copies of the preliminary plat to each of the following offices, departments, or agencies:

1. Grant County public utility district;

2. Telephone company;

3. Fire district;

4. Grant County health district;

5. Any irrigation district with jurisdiction;

6. Grant County assessor;

7. Cable company.

B. The plat administrator shall further notify the police department/sheriff, public works department, and mayor that a preliminary plat has been received.

C. Notice of the filing of a preliminary plat of a proposed subdivision located in the town and adjoining the municipal boundaries thereof shall be given to the Grant County planning department.

D. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the State Department of Highways.

E. Each office, department, or agency shall file written recommendations with the plat administrator. If any such office, department, or agency fails to file a written recommendation within the time required, it may be presumed that such office, department, or agency has no recommendation.

F. If the preliminary plat is found to be unacceptable, a notice of such shall be mailed to the subdivider as provided in this code.

G. The plat administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations of other offices, departments, or agencies. Such meeting shall be attended by those offices, departments, or agencies responsible for the recommendations and must include the applicant and the plat administrator. The proceedings and results of the meeting shall be documented by minutes.

(Ord. No. 487, § 1, 9-3-09)

16.17.050 Waivers, deviations and deferrals.

The subdivider may make application to the hearing examiner on forms prescribed by the town for a waiver, deviation or deferral of any provision contained in this title in accordance with Chapter 16.40, provided that request the is received concurrently with the proposed subdivision or dedication. Such application shall include any and all details necessary to support the application.

(Ord. No. 487, § 1, 9-3-09)

16.17.060 Hearing examiner open record public hearing.

When the plat administrator determines that the completed subdivision application and preliminary plat is acceptable, the plat administrator shall set a date for a public hearing before the hearing examiner. The hearing examiner shall conduct an open record hearing on the preliminary plat as provided in this code.

(Ord. No. 487, § 1, 9-3-09)

16.17.070 Notice of public hearing.

The plat administrator shall give notice of the time, location, and purpose of the public hearing as provided in this code.

Notice shall be sent to the Grant County planning department and to the State Department of Highways respectively if the subdivision is adjacent to municipal boundaries or if the subdivision is adjacent to a state highway.

(Ord. No. 487, § 1, 9-3-09)

16.17.080 Hearing examiner action.

A. The plat administrator shall transmit the application, the plat, respective comments and recommendations from other offices and agencies, comments and recommendations from town departments to the hearing examiner prior to the hearing.

B. The hearing examiner shall conduct the open record hearing and shall review the preliminary plat, municipal recommendations, testimony, and exhibits submitted at the hearing and make findings, conclusions and a final decision thereon assuring conformance of the proposed subdivision with the comprehensive plan, zoning ordinance, community street and utility standards, and town design standards. The hearing examiner shall approve, conditionally approve, or disapprove of the preliminary plat.

(Ord. No. 487, § 1, 9-3-09)

16.17.090 Town council action.

The council having delegated to the hearing examiner the authority to render final decisions on land use matters, the decision of the hearing examiner on any preliminary plat submitted to it is final, and the council will take no action on such preliminary plat.

(Ord. No. 487, § 1, 9-3-09)

16.17.100 Expiration of preliminary plat.

A. Approval of any preliminary major plat shall expire and become null and void three years after the date of preliminary plat approval.

B. The hearing examiner may grant one extension of the preliminary plat approval for a period not to exceed one year provided that the request for an extension is filed at least thirty calendar days before the expiration of the three-year period and upon showing that the applicant has attempted in good faith to submit the final plat within the three-year period.

(Ord. No. 487, § 1, 9-3-09)

16.17.110 Appeals.

Any decision approving or disapproving any preliminary major subdivision plat shall be reviewable as provided in this code for the review of land use decisions. The cost of transcription of all records required for such a review or appeal required by any body or court shall be borne by the party seeking review and no transcripts or records shall be prepared or provided prior to receipt of payment for them.

(Ord. No. 487, § 1, 9-3-09)

16.17.120 Improvements.

A. Following approval of the preliminary plat by the hearing examiner, the applicant shall file with the plat administrator, three complete sets of preliminary construction plans and specifications prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements as required by the hearing examiner in granting approval of the preliminary plat. The construction plans and specifications shall be accompanied by a minimum plan check fee as per the rate schedule established by the town engineer. All construction plans and specifications shall be in conformance with town design standards and the community street and utility standards. Sheet size shall be twenty-four inches by thirty-six inches and shall have a border of one-inch on the left margin and one-half-inch on the remaining three margins. The scale shall be five feet vertically and forty feet horizontally.

B. The preliminary construction plans and specifications shall be forwarded to the town engineer by the plat administrator. The town engineer shall approve, conditionally approve, or disapprove the plans. The subdivider shall submit one set of permanent reproducible Mylar and three sets of specifications which have been approved for the town engineer’s signature, records, and use.

C. After the town engineer has approved the construction plans and specifications, the subdivider shall complete and install all street and utility improvements required by the hearing examiner in granting preliminary plat approval prior to filing of the final plat. A one-year maintenance bond shall be required in the amount determined pursuant to Section 16.17.130(A)(2).

D. The public works department or a licensed professional engineer or engineering firm hired by the town shall be responsible for the inspection of all subdivision improvements to insure conformance with the approved plans and specifications.

E. In lieu of completing and installing all required and utility improvements prior to filing of the final plat with the plat administrator, the subdivider may not post a subdivision bond or other approved security in a form satisfactory to the town attorney. The subdivision bond or approved security shall be in an amount equal to one hundred fifty percent of the estimated cost as determined by the town engineer, of such improvements required by the hearing examiner in granting approval of the preliminary plat. In the event that all street and utility improvements are not completed within the time limit specified in the subdivision bond or approved security, the bond or security may be forfeited and the town may undertake the installation and completion of all required street and utility improvements.

1. All street and utility improvements listed in the subdivision bond must be installed, completed and accepted by the town within two years of hearing examiner approval of the final plat.

2. The hearing examiner may grant one extension of the subdivision bond or security for a period not to exceed two years provided that the request for an extension is filed with the plat administrator at least sixty days prior to the expiration date of the bond or security.

3. In the event that time extension is granted, a new subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred fifty percent of the cost of completing utility extensions and street improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased cost estimates shall be passed onto the bond. If these increased costs are not accepted by the surety, then the town shall foreclose on the bond and the plat will be held in abeyance. Departments issuing recommendations for new subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the town engineer to the bond or security to cover the cost of completing utility extensions and street improvements without the written consent of the applicant.

(Ord. No. 487, § 1, 9-3-09)

16.17.130 Final major subdivision plat application.

A. General Requirements.

1. The final major subdivision application and plat will be filed with the plat administrator on forms provided by the plat administrator.

2. All required street and utility improvements must be constructed by the applicant and must be accepted by the town or a subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred fifty percent of the estimated cost of completing all required utility extensions and street improvements as determined and approved by the town engineer. Upon completion of the required improvements and prior to acceptance by the hearing examiner, the subdivider/developer must submit a maintenance bond or alternative security approved by the town attorney in an amount determined and approved by the town engineer. The maintenance bond amount shall be one hundred percent of the actual cost of construction. An alternative security shall be in an amount not less than ten percent nor more than one hundred percent of the actual cost of construction. The amount shall be determined on a case by case basis based upon the town engineer’s estimated cost of repair or maintenance should repair or maintenance be required. The subdivider/developer shall submit documentation of the cost of construction to the town engineer for his review and approval and use in determining the required bond or alternative security amount. Said bond shall be in effect for one year from the date of acceptance.

3. Required dedication of all streets, right-of-ways, parks, playgrounds, easements, reservations, irrigation water right-of-ways, and any area to be dedicated to public use, together with any restrictions or limitations thereon shall be submitted as a part of the final plat.

4. The application shall be accompanied by the following:

a. A plat certificate from a title company licensed to do business in the state of Washington dated within thirty days of the date of filing of the final plat and application with the plat administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication.

b. A certificate from the Grant County treasurer indicating that all taxes and assessments on the property included in the final plat, subdivision, or dedication have been paid according to the provisions of RCW 58.08.030 and RCW 58.10.040 as now enacted or hereafter amended.

c. A certificate from the town clerk indicating that there are no delinquent special assessments or liens on the property included in the final plat, subdivision, or dedication.

d. A check payable to the town in the amount established by a resolution of the council to cover the cost of checking the final plat, together with all contracted staff review expenses, publication costs and any consultant fees incurred to be able to review and process the application.

e. All covenants proposed to run with the land.

5. The final plat (twelve sets of prints plus the original tracing, AutoCad discs, and a reproducible Mylar copy) shall include all items in Section 16.17.130 B and any additional information and modifications requested in the preliminary approval. The final plat shall be prepared in a neat and legible manner in black permanent drawing ink on high grade tracing cloth or drafting film. All documents, maps, and survey notes shall contain the name of the subdivision, the name(s) of the subdivider(s), the name of the registered land surveyor responsible to the subdivider(s). The trimmed size of the final plat shall be eighteen inches by twenty-four inches with a one and a half-inch margin on the top or left margin and a one-half-inch border on the remaining three margins. The final plat shall be recorded on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.

6. The final major subdivision plat shall be approved or disapproved within the time provided in this code from the date of filing of the final plat with the plat administrator. This time period shall be binding unless extended as provided in this code.

7. No final major subdivision plat may be approved unless the town makes a written finding of fact that the proposed subdivision is in conformance with any applicable zoning ordinances, or other land use controls which may exist.

8. No final major plat shall be approved for any subdivision which lies in whole or in part in an irrigation district organized pursuant to RCW Chapter 87.03 unless there has been provided an irrigation water right-of-way pursuant to RCW 58.17.310, 58.17.060 and 58.17.110 as now enacted or hereafter amended.

B. Specific Requirements.

1. The final plat shall clearly show the following information:

a. The lines and names of all streets or other public ways, parks, playgrounds and easements intended to be dedicated for public use, or granted for use of inhabitants of the subdivision.

b. The lines and names of all existing or platted streets or other public ways, parks, playgrounds and easements adjacent to the final plat, subdivision, or dedication, including municipal boundaries, township lines, and section lines.

c. The lengths and bearings of all straight lines, curve radii, arcs, and semi-tangents of all curves.

d. All dimensions along the lines of each lot, with the true bearings and also any other data necessary for the location of any lot lines in the field.

e. Suitable primary control points, approved by the town engineer or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plat shall be referred.

f. The location of all permanent monuments.

g. The names of all subdivisions immediately adjacent thereto.

h. The date, true north point, scale, datum plane, and date of survey.

i. The boundary of the tract, the courses and distances marked thereon, as determined by a field survey made by a registered and qualified land surveyor of the state and to close with an allowable error not to exceed one-foot in five thousand feet and not to exceed one-foot in ten thousand feet in the central business district.

j. The elevations of all permanent monuments based on a datum plain approved by the town engineer.

k. A vicinity sketch map of not more than four hundred feet to the inch. Except that the town engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet to the inch.

l. Street names.

m. Certification by registered land surveyor of accuracy of plat and survey.

n. Statement by owner dedicating streets, right-of-ways, and any other sites for public use.

o. Location and dimensions of all irrigation water right-of-ways.

p. Provide legal description of the plat boundaries.

q. Provide block and lot locations including dimensions and number designations.

2. All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.

3. The scale of the final plat shall be not more than one hundred feet to the inch. Except that the town engineer, subject to a request prior to plat submittal, may approve an alternative plat map scale not to exceed one hundred feet to the inch.

4. If the plat constitutes a replat, the lots, blocks, streets, etc. of the original plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid ambiguity.

5. The final plat shall be accompanied by improvement plans and specifications including utilities, streets, grades, and appurtenances as provided for in Section 16.17.120, Improvements.

6. The subdivider’s land surveyor shall set all required monuments and shall stake all lot corners as shown on the final plat before the plat is submitted for final approval.

7. The final plat shall contain the legal description of the subdivision and the following dedication, acknowledgment, and endorsement statements shall appear in the following sequence in black permanent ink either by hand or mechanical device:

Dedication

The owner of the land described herein in fee simple is ____________________ and ____________________. The owner declares this plat and dedicates to the public forever, all streets, roads, alleys, easements or whatever public property there is shown thereon for any and all public purposes not inconsistent with the uses shown on this plat.

Dated ___________________

Signed___________________________

Acknowledgment

State of Washington

County of Grant

I certify that I know or have satisfactory evidence that ____________________ signed this instrument and acknowledged it to be his/her and voluntary act for the uses and purposes mentioned in the instrument.

Dated____________________________

_________________________________

Notary Public

_________________________________

Print or Type Name of Notary Public

My appointment expires ____________________

Surveyor’s Certification and Declaration

I hereby certify that this plat is a true and correct representation of the lands actually surveyed.

I hereby declare that the plat of ____________________ is based on actual survey and subdivision of a portion of Section _____ Township _____ North, Range _____ East, W.M. that the distances and courses and angles are shown thereon correctly to the best of my knowledge, information, and belief; and that proper monuments have been set and lot corners are staked on the ground.

____________________(Seal)

Licensed Land Surveyor

EXAMINED AND APPROVED by the Mattawa Town Engineer on __________, 20_____.

______________________________

Town Engineer

EXAMINED AND APPROVED by the Hearing Examiner on ____________________, 20_____.

______________________________

Hearing Examiner

This is to certify that all taxes and assessments which are now due and payable according to the records of Grant County have been fully paid.

______________________________

Grant County Treasurer

______________________________

Date

Filed for record at the request of the Town of Mattawa this _____ day of __________, 20_____, at __________m., and recorded in Volume of Plats, on Page _____, records of Grant County, Washington.

______________________________

Grant County Auditor

______________________________

by Deputy Auditor

8. Submit all lot, block, and boundary closures to the town engineer with the final plat submittal.

(Ord. No. 487, § 1, 9-3-09)

16.17.140 Final plat review procedure.

A. Upon receipt of the final subdivision application and plat, the plat administrator shall distribute copies to all offices, departments, and agencies receiving the preliminary plat. Each office, department, or agency shall file written recommendations with the plat administrator. If any such office, department, or agency fails to file a recommendation within the time required, it may be presumed that such office, department, or agency has no recommendations for final plat approval shall not modify the terms of preliminary plat recommendations without the written consent of the subdivider.

B. The town engineer shall review the final plat and submit to the plat administrator a written report with respect to the following conditions:

1. That the proposed final plat bears the required certificates and statements of approval.

2. That a title report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the plat certificate.

3. That the facilities and improvements required to be provided by the subdivider have been completed or alternatively that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with Section 16.17.090 of this chapter.

4. That the plat is technically correct as certified by the land surveyor responsible for the plat.

C. The Grant County health district or other agency furnishing sewage disposal and supplying water shall review the final plat and submit to the plat administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of sewage disposal and water supply.

D. The appropriate irrigation district serving or from which the real property is entitled to be served with irrigation water shall review the final plat and submit to the plat administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of the delivery of irrigation district entitlement water and as to the adequacy of the proposed means of removal of irrigation waste water.

E. The hearing examiner shall review the final plat as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication and shall approve or disapprove of the proposed plat.

(Ord. No. 487, § 1, 9-3-09)

16.17.150 Final plat fees.

Upon hearing examiner approval of the final plat, the subdivider shall remit the following fees prior to the plat being officially signed and recorded with the Grant County auditor:

A. A check payable to the Grant County auditor sufficient to cover the recording fee.

B. When applicable, voluntary payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision as allowed by and pursuant to RCW 82.02.020.

C. When applicable, a certificate from the Grant County auditor certifying that covenants to the property title have been recorded and filed shall accompany final plat fees.

D. The applicant shall be responsible to reimburse the town for administrative costs incurred by the town to review, process and approve, modify or disapprove the plat submitted. The applicant shall be responsible for all engineering, legal and other consulting fees and costs incurred by the town to the extent said fees and costs exceed the application fees, and the applicant shall be advised of those costs by the town clerk. The applicant shall pay such fees as billed by the town clerk. A failure to pay within thirty days any such fee billed by the town clerk shall result in a suspension of the processing of the plat on the basis that such failure to pay evidences an abandonment of the plat application. The applicant shall pay such costs in full before the final plat is recorded by the town.

(Ord. No. 487, § 1, 9-3-09)

16.17.160 Filing final plat.

A. Upon receipt of all required final plat fees the plat shall be signed by the following officials:

1. Town engineer;

2. Mayor.

B. The plat administrator shall transmit the original Mylar plat to the county auditor for final filing. One reproducible copy shall be forwarded with the original to be confirmed and returned to the town engineer for his records. One paper copy shall be filed with the county assessor.

(Ord. No. 487, § 1, 9-3-09)

16.17.170 Vested rights.

A 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 pursuant to RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. In the event the developer has elected to proceed to post a bond or other security approved by the town attorney in lieu of completion of plat improvements in order to obtain final plat approval, building permits may issue for buildings within the plat, but no certificates of occupancy will issue until all plat improvements are constructed, approved and a maintenance bond posted for those improvements.

(Ord. No. 487, § 1, 9-3-09)

16.17.180 Appeals.

Any decision approving or disapproving any preliminary major subdivision plat shall be reviewable as provided in this code for the review of land use decisions. The cost of transcription of all records required for such a review or appeal required by any body or court shall be borne by the party seeking review and no transcripts or records shall be prepared or provided prior to receipt of payment for them.

(Ord. No. 487, § 1, 9-3-09)