Chapter 17.12


17.12.010    Preapplication conference.

17.12.020    Application.

17.12.030    Preparation/information required.

17.12.040    Adequacy of application.

17.12.050    Distribution of application.

17.12.060    Hearing procedure—Generally.

17.12.070    Criteria for recommendation.

17.12.080    Planning commission report to city council.

17.12.090    City council consideration.

17.12.100    City council action.

17.12.110    Effective period of preliminary plat approval.

17.12.120    Agreements to transfer land conditioned on final plat approval—Authorization.

17.12.900    Severability.

17.12.010 Preapplication conference.

Should a prospective applicant so desire, he may prepare or have prepared a sketch plat which may be used in conferring with the city. Such preapplication conferences shall be by appointment only, shall be accompanied by sufficient information as to define the applicant’s intent, and shall be subject to fees as required by Chapter 20.10. Should a prospective applicant decide to subdivide as a result of such consultation, he shall proceed with the filing of an application and preliminary plat as set forth in this title. (Ord. 2616 § 1, 2008: Ord. 1910 § 2 (part), 1997).

17.12.020 Application.

Any person desiring to subdivide land in the city shall submit a complete application for preliminary plat approval to the city, on forms as required by the city administrator. Unless an applicant requests otherwise, to the extent that procedural requirements permit simultaneous proceedings, a subdivision application will be processed concurrently with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions. The application shall include:

A.    Twenty-five copies of the preliminary plat and a reproducible containing items specified in Section 17.12.030. In lieu of twenty-five copies, the administrator may accept reductions of the proposed plat. The preliminary plat shall be twenty-four inches by thirty-six inches;

B.    A completed environmental checklist;

C.    Two copies of protective or restrictive covenants if such are contemplated;

D.    All recorded easements or other existing restrictions on or immediately adjacent to the proposed subdivision;

E.    Name, address and telephone number of all person(s) holding an interest in the property;

F.    Names and addresses of all property owners within three hundred feet of the exterior boundaries of the property proposed for subdivision as those names appear on the records of the Benton County assessor. If the owner of the real property proposed to be divided owns another parcel or parcels of real property which lies adjacent to the real property proposed to be subdivided, the ownership list must include the owners of property located within three hundred feet of any such adjacent property;

G.    A certificate from a title insurance company, issued no more than thirty days prior to the date of the application, showing ownership of the property involved; and

H.    All fees in accordance with Chapter 20.10. (Ord. 2616 § 2, 2008: Ord. 1910 § 2 (part), 1997).

17.12.030 Preparation/information required.

The preliminary plat shall be twenty-four by thirty-six inches, be prepared by a surveyor registered in the state of Washington, and include the following information:

A.    The suggested name of the proposed subdivision subject to the requirement that the name shall not duplicate or closely approximate phonetically the name of any other subdivision in the county;

B.    The legal description of land contained within the proposed subdivision;

C.    The name, address and telephone number of the owner;

D.    The name, address, telephone number and seal of the registered land surveyor who prepared the preliminary plat document;

E.    The boundary lines of the proposed subdivision and all land immediately adjacent extending one hundred feet in all directions of the proposed plat perimeter;

F.    All adjacent land owned by the applicant on which future applications may be submitted, together with general information as to the location and estimated extent of each additional plat which may be submitted;

G.    The boundaries, approximate dimensions and square footage of all lots within the proposed subdivision, together with the numbers to be assigned to each lot;

H.    The suggested location, names and widths of all proposed streets, alleys, roads and easements within the proposed subdivision and location of adjacent and adjoining platted areas and subdivisions showing relationships and match to all connecting streets, rights-of-way, utilities and easements;

I.    The location and, where ascertainable, sizes of all permanent buildings, walls, water courses, bodies of water (indicating the high water mark or top of the bank), all overhead and underground utilities, municipal boundaries, sidewalks, section lines, township lines and other important features existing upon, over or under the land proposed to be subdivided;

J.    Location of existing monuments, markers and boundary lines of the tract to be subdivided;

K.    Contour lines of at least five-foot intervals or sufficient intervals to show the topography of the land to be subdivided. All contour lines shall be extended into adjacent property a sufficient distance to show the topographical relationship of adjacent property to the proposed subdivision;

L.    Tentative percent of grades of proposed roads, streets, alleys and easements;

M.    Generalized plans of proposed water distribution systems or shoreline modifications indicating location;

N.    Layout of proposed streets, roads, alleys, buffer zones, nobuild areas, parcels proposed to be dedicated and other proposed elements, together with areas proposed to be dedicated or reserved for public or community school, park, playground or other uses;

O.    Location of existing and proposed utility services shall be noted upon the face of the preliminary plat and/or shown upon the plat layout in such a manner that clearly indicates the distribution of each utility system; and

P.    A vicinity map showing abutting streets and those within one thousand feet of the property. (Ord. 1910 § 2 (part), 1997).

17.12.040 Adequacy of application.

The plat administrator shall determine if the application is sufficiently complete and contains sufficient information to support review by the appropriate departments, planning commission and city council. A proposed subdivision shall be considered under the provisions of this chapter and zoning and other land use regulations in effect at the time a fully completed application is submitted for preliminary plat approval. (Ord. 1910 § 2 (part), 1997).

17.12.050 Distribution of application.

If the plat administrator determines that the preliminary plat contains sufficient elements and data to furnish a basis for review, the administrator shall affix a file number and the date of receipt to the application and promptly forward copies of the preliminary plat to the city departments and appropriate outside agencies. (Ord. 1910 § 2 (part), 1997).

17.12.060 Hearing procedure—Generally.

This is a type III application and the planning commission shall conduct the public hearing on the application and make recommendation to the city council which shall then make the final decision. The application shall be processed as set forth in Title 19 of the Prosser Municipal Code. (Ord. 1910 § 2 (part), 1997).

17.12.070 Criteria for recommendation.

If the planning commission finds the items set forth in this subsection are met, then the preliminary plat shall be given a recommendation for approval. If the planning commission finds that the criteria set forth herein are not met, it may recommend conditioning or denial of the proposed preliminary plat.

A.    The planning commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to or from school, and determine whether the public interest will be served by the subdivision and dedication;

B.    The planning commission may carefully inspect the site and shall determine if the proposed subdivision conforms to the comprehensive plan and the shoreline master program;

C.    The planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of a proposed plat because of potential flood, inundation or swamp conditions;

D.    All identified direct impacts must be mitigated as set forth in Chapter 16.08 of the Prosser Municipal Code. (Ord. 1910 § 2 (part), 1997).

17.12.080 Planning commission report to city council.

Not later than fourteen days following final action of the hearing, the commission shall submit its written report and recommendation to the council. The commission may recommend that the plat be approved, disapproved or conditionally approved. Conditions or recommendations shall be precisely recited in the planning commission’s report to the council. Every recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the recommendation, including formal written findings of fact that the proposed subdivision is in conformity with the Prosser Comprehensive Plan, Prosser Zoning Ordinance and any other existing land use controls. (Ord. 1910 § 2 (part), 1997).

17.12.090 City council consideration.

A.    Time and Place. Upon receipt of the planning commission’s recommendation, the council shall, at its next public meeting, set the date for the public meeting at which the planning commission’s recommendation will be considered. At the meeting scheduled for considering the preliminary plat the council shall, after reviewing the recommendation of the planning commission and other relevant evidence presented to it, either concur in or reject the planning commission’s recommendation. The city council may consider the commission’s recommendation at the same public meeting as it first receives the recommendation, if it desires.

B.    Criteria.

1.    The city council may adopt or reject the recommendations of the planning commission. The city council shall consider the same factors and criteria as reviewed by the planning commission in making its decision on the proposed preliminary plat.

2.    If, after considering the matter, the city council deems a change in the planning commission’s recommendation of any preliminary plat is necessary, the council may grant approval of the preliminary plat, subject to the council recommended change or changes being incorporated into the final plat, or the council may reject it.

Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the city and shall be open to public inspection.

3.    Dedication of land and/or the construction of improvements may be required as a condition of subdivision approval. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the city as a condition of approval. The city council shall not, as a condition of the approval of any plat, require a release from damages to be procured from other property owners. (Ord. 1910 § 2 (part), 1997).

17.12.100 City council action.

A.    Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from date of filing thereof, unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent in preparing and circulating the environmental impact statement.

B.    A notice of the city council’s action, together with the description of any conditions of approval, shall be sent to the applicant for the preliminary plat. Approval of the preliminary plat by the city council shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with the council’s decision, state law and this title. (Ord. 1910 § 2 (part), 1997).

17.12.110 Effective period of preliminary plat approval.

A.    Preliminary plat approval shall be effective for five years following final action by the city council. A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within five years of the date of preliminary plat approval.

B.    An applicant who files a written request with the city council at least thirty days before the expiration of this five-year period shall be granted extensions of time that may or may not contain additional or altered conditions and requirements. (Ord. 1910 § 2 (part), 1997).

17.12.120 Agreements to transfer land conditioned on final plat approval—Authorization.

If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this title, the offer or agreement does not violate any provisions of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 1910 § 2 (part), 1997).

17.12.900 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2616 § 3, 2008).