Chapter 16.24
FINAL PLATS
Sections:
16.24.010 Requirements for submittal.
16.24.020 Time limit for submission.
16.24.060 Final plat alteration.
16.24.070 Final plat vacation.
16.24.010 Requirements for submittal.
The final plat shall conform substantially to all terms of the preliminary plat, shall incorporate any conditions by the board of county commissioners, and shall include the following information, either on the face of the plat if practicable or, if not, on a separate attached sheet. Any required signatures shall be in permanent black ink on the original document to be filed. Specific language for certifications is available from the Okanogan County office of planning and development.
A. A sufficient survey to properly orient the plat to a recognized basis. The adequacy of the survey shall be determined by the county engineer;
B. Tract boundary lines, property lines of residential lots, open space, other sites and other rights-of-way, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves;
C. Name and right-of-way width of each street, or other right-of-way;
D. Location, dimensions, beneficiary and purpose of any easements;
E. Number to identify each lot or site and block;
F. Purpose for which sites, other than residential lots, are dedicated or reserved;
G. Location and description of monuments existing or set; permanent control monuments shall be established at each and every controlling corner of the boundaries of the parcel of land being subdivided. The county engineer shall determine the number and location of permanent control monuments within the plat;
H. Reference to recorded subdivision plats of adjoining platted land by record name, and number;
I. A certification by a registered land surveyor in a form acceptable to the county that the plat is a true and correct representation of the lands actually surveyed;
J. Appropriate acknowledgment by the person filing the plat before the county auditor;
K. Delineation on the face of the plat of any flood hazard areas and/or any Okanogan shoreline management areas;
L. Certification, dedication, or declaration regarding any streets, rights-of-way, easement for private, semiprivate or public use in accordance with RCW 58.17.165;
M. Certificate from the county treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification by the treasurer have been fully paid, satisfied or discharged;
N. Certification of approval by county engineer as to layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;
O. Certification of approval by county planning administrator;
P. Certification of approval by chairman of the board of county commissioners;
Q. 1. Acknowledgement from the Okanogan health district as to the adequacy of the proposed means of sewage disposal; and
2. Certification by the Okanogan County health district that all lots within the proposed subdivision are served by an adequate water supply;
R. Title, scale, north arrow and date;
S. A certificate by the county engineer shall be submitted together with the plat certifying that the subdivider has either:
1. Completed improvements in accordance with these regulations and with the action of the board of county commissioners giving approval of the preliminary plat, or
2. Submitted a bond or certified check in sufficient amount to assure completion of all required improvements at a future specified date not to exceed one year;
T. Such other certificates, affidavits or endorsements as may be required by the board of county commissioners in the enforcement of these regulations;
U. A copy of any proposed covenants, conditions and restrictions (i.e., CC&Rs) to be recorded with the proposed subdivision;
V. A list of the conditions required as part of the approval of the preliminary plat by the board and an annotation of how they have been and/or will be complied with; and
W. A final title report. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 2010-6 § 2 (Exh. A), 2010; Ord. 95-7 § 1, 1995).
16.24.020 Time limit for submission.
The original tracing and four copies of the final plat and other exhibits required for approval as specified in OCC 16.24.010 shall be submitted to the office of planning and development and shall be accompanied by a written request for approval of the final plat. The final plat shall be accompanied by processing fees as specified in the adopted fee schedule. Consistent with RCW 58.17.140, “Time limitation for approval or disapproval of plats – Extensions”: A final plat meeting all requirements of this chapter shall be submitted to the Legislative body within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.24.030 Drawings.
The final plat shall be drawn on stable base mylar or equivalent material at such a scale as to make a map 24 inches wide by 36 inches long and shall be at a scale of at least one inch equals 100 feet unless the planning administrator requests or authorizes a different scale (i.e., one inch = 200 feet). Where necessary, the plat may be on several sheets, including match lines, accompanied by an index sheet showing the entire subdivision. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.24.040 Review.
A. The planning administrator shall review the final plat for conformance to conditions imposed on the approved preliminary plat. Approval of the planning agency shall be indicated by the signature of the planning administrator or the administrator’s designee on the original of the final plat. A final review application fee shall be required if such fee is adopted within the Okanogan County fee schedule in accordance with OCC 3.01.010.
B. The final plat shall be submitted to the office of the county engineer for final checking and inspection. Office checking will be charged for at the prevailing wage rate for county engineers or their staff. A field check may be made of boundaries of the plat including staking of lots and blocks. Approval of the county engineer shall be indicated.
C. When the Okanogan board of county commissioners finds that the final subdivision conforms to all terms of the preliminary subdivision approval and that said subdivision meets the requirements of OCC Title 16 and Chapter 58.17 RCW, as both these regulations were in effect at the time of preliminary plat application, the board of county commissioners shall sign the face of the plat. The subdivision shall be governed by the terms of approval for a period of five years after final plat approval unless the board of county commissioners finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
D. Final plats shall be approved, disapproved, or returned to the applicant within 60 days from the date of filing thereof unless the applicant consents to an extension of such time period.
E. The final plat shall be recorded within 60 days following the date of approval of the final plat by the chairman of the board of county commissioners. An extension of time for filing, not to exceed 180 days following the date of plat approval, may be granted by the board of county commissioners if weather conditions delay surveying. The applicant shall submit appropriate filing fees, payable to the Okanogan County auditor, to the office of planning and development. The office of planning and development shall record the final plat. The applicant shall provide one copy of the recorded plat and supporting documents to each of the following: Okanogan County office of planning and development, Okanogan County public works, and Okanogan County health district. If the subdivider fails to have the final plat filed prior to the expiration of the above time period, he shall resubmit the plat in accordance with OCC 16.20.010 and pay all applicable fees.
F. All final plats must be recorded prior to the acceptance of any building permit application by the county except as provided for in OCC 16.20.140. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.24.060 Final plat alteration.
The administrator shall be allowed to approve insignificant changes (i.e., changing street names, addresses, etc.) to the face of recorded plats. All other changes must comply with the plat alteration process, as noted in this section.
A. Application. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, that person shall submit an application to request the alteration to the Okanogan County office of planning and development on an application form available from the department, including a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be accompanied by the following:
1. The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;
2. A copy of all applicable covenants, conditions, and restrictions and any amendments thereto. If the subdivision is subject to restrictive covenants which were filed in conjunction with the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof;
3. A current title report for the parcel(s) being altered;
4. The title of the altered plat shall be: Plat Alteration Name of Subdivision Name, LPA # (for example: Smith Alteration of Lots 11 and 12, Block 9, Lost River Airport Tracts, LPA 94-71).
B. Notice of Application and Hearing. Upon receipt of an application for alteration the office of planning and development shall provide notice of the application to all owners of property within the subdivision as provided for in OCC 16.20.040. Said notice shall either establish a date for a public hearing before the hearing examiner, which shall not be more than 60 days from the date of the submission thereof except where additional time is required for compliance with the State Environmental Policy Act (Chapter 43.12C RCW), or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice. If no request for public hearing has been received, the administrator shall determine if the proposed alteration may be administratively approved or a public hearing shall be held.
C. Review Requirements. Copies of the application for alteration and supplemental material shall be forwarded by the office of planning and development, to commenting agencies for their respective recommendations The administrator shall determine which agencies, if any, should receive supplemental material for review and comment on the proposed alteration.
D. Staff Report. The office of planning and development shall prepare a staff report, including findings of fact. The staff report shall include a review of the plat alteration for conformance with subdivision standards, other land use regulations, and the county comprehensive plan.
E. Hearing Examiner Action. If a public hearing is requested or determined to be necessary, the hearing examiner shall review and evaluate the requested plat alteration for compliance with the currently applicable standards for subdivision in Okanogan County and shall provide a recommendation to the board of commissioners. The recommendation of the hearing examiner shall be submitted to the board of county commissioners by the office of planning and development in the form of a staff report which states the findings of fact upon which the hearing examiner’s recommendation was based not later than 14 days following their action on the proposed plat alteration.
F. Board of County Commissioners Action. If a public hearing is requested or determined to be necessary, the commissioners shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. Upon receipt of the recommendation, the board may at its next public meeting, summarily approve the plat alteration exactly as recommended by the hearing examiner, or if the board chooses to deny or condition approval of the application in any way which differs from the hearing examiner, it shall set the date for a public hearing. At the public hearing, the commissioners may, based upon findings of fact. deny or approve, with certain provisions and conditions, the plat alteration.
G. Assessment District. If any land within the alteration is part of an assessment district, any outstanding assessment shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.
H. Dedication. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
I. Drawings and Filing. After approval of the alteration, the applicant shall produce the revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor. After signatures of authorities whose approval appeared on the original plat are affixed thereto, the final plat shall be filed with the county auditor within 60 days following the date of approval to become the lawful plat of the property. An extension of the time for filing not to exceed 180 days following the date of plat alteration approval may be granted by the board of commissioners if weather conditions delay surveying. (Ord. 2021-12, 2021; Ord. 95-7 § 1, 1995).
16.24.070 Final plat vacation.
A. Application. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the office of planning and development on an application available from the department. The application shall set forth the reasons for vacation and shall be accompanied by the following:
1. The signatures of all parties having an ownership or other interest (i.e., liens, easements) in that portion of the subdivision subject to vacation; and
2. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
B. Procedure Relating to Roads.
1. When the vacation application is specifically for a county road, the procedures for road vacation in Chapters 36.87 or 35.79 RCW shall be utilized for the road vacation.
2. When the application is for the vacation of the plat together with the roads, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.87.130.
C. Hearing – Notice and Procedure. Upon receipt of an application, the board of commissioners shall give notice as provided in OCC 16.20.040, and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision.
D. Title to Vacated Land. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county, unless the legislative authority shall set forth findings that the public use would not be served in retaining title to those lands. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the legislative authority has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the legislative authority. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
E. Notification and Record of Action. After approval of the vacation, the board of commissioners shall direct the clerk of the board to notify all parties of the vacation and to file a copy of their action with the county auditor to become part of the record. (Ord. 95-7 § 1, 1995).