Chapter 17.14
SUBDIVISION—FINAL PLATS
Sections:
17.14.020 Final plat—Document standards—Information required.
17.14.040 Survey—Data required.
17.14.070 Improvements—Completion or guarantee.
17.14.080 Improvements—Security for completion and maintenance.
17.14.090 Improvements—Construction.
17.14.100 Maintenance of incomplete subdivision improvements.
17.14.120 Recommendations to accompany plats submitted for final approval.
17.14.130 Review—City council.
17.14.010 Application.
Any time within the original five-year period following the council’s approval of the preliminary plat or within an approved extended period, the subdivider may file a proposed final plat application which shall include the following:
A. Twenty-five copies or prints of the final plat in conformance with criteria set forth in this chapter;
B. Title insurance report confirming the title of the lands as described and shown on the plat is in the name of the owner signing the plat certificate or instrument of dedication;
C. Three certified sets of “as-built” subdivision improvement drawings, or in the alternative, a subdivision improvements completion bond as specified in this chapter;
D. A maintenance and guarantee bond as described in this chapter;
E. Survey information in conformance with criteria set forth in this chapter;
F. Fees in accordance with Chapter 20.10;
G. Any other documentation which may be necessary to show compliance with conditions of preliminary plat approval. (Ord. 2617 § 1, 2008: Ord. 1911 § 2 (part), 1997).
17.14.020 Final plat—Document standards—Information required.
A. Every final plat classified as a subdivision shall be legibly represented on one or more sheets of mylar with permanent black ink or equivalent approved material. Each sheet shall measure twenty-four inches by thirty-six inches and shall have a marginal line drawn completely around each sheet which leaves an entirely blank left margin of two inches and a margin of one-half inch on the remaining edges.
Each sheet of the final plat shall contain the subdivision name and sheet number, and each sheet containing a drawing shall contain the plat scale and the north point. The scale in no case shall be smaller than one inch equals one hundred feet nor greater than one inch equals fifty feet. All signatures ascribed to the final plat shall be original signatures written in permanent black ink.
B. Every final plat shall include an accurate map of the subdivided land, based upon a complete survey and include the following information:
1. All section, including quarter section and quarter quarter section, township, municipal and county lines lying within or adjacent to the subdivision;
2. The location of all monuments, found or set, or other evidence used as ties to establish the subdivision boundaries;
3. The location of all permanent control monuments found and established within the subdivision;
4. The boundary of the subdivision with complete bearings and lineal dimensions;
5. The length of each block and lot line, together with bearings and other data necessary for the location of any block or lot line in the field;
6. The lengths and bearing of all straight lines and adequate curve data as required by the licensed engineer reviewing the plat for the city;
7. The location, width, center line and names of all streets and alleys within and adjoining the subdivision, and the addresses of all lots;
8. The location and width, shown with broken lines, and description of all easements, including a statement of their designated use;
9. Lot area in square feet and lot and block numbers when applicable;
10. The location of all adjoining and adjacent existing plats and unplatted property, indicated by broken lines, together with recording data;
11. The names of any adjacent subdivisions;
12. A copy of all restrictive covenants proposed to be imposed upon land within the subdivision;
13. Legal description of the land within the subdivision;
14. All dedications of streets or other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered for all intents and purposes as a quitclaim deed to the donee or donees, grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors. (Ord. 1911 § 2 (part), 1997).
17.14.030 Survey—Required.
The survey of every proposed subdivision shall be made by or under the supervision of a registered land surveyor. All surveys shall conform to standards adopted by the Division of Engineering Services of the Washington State Department of Natural Resources pursuant to RCW 58.24.040 and practices and principles for land surveying as set forth in the laws of the state of Washington. Subdivision control and staking traverses shall close within an error of one foot in five thousand feet. Primary survey control points shall be referenced to section corners and monuments. (Ord. 1911 § 2 (part), 1997).
17.14.040 Survey—Data required.
The surveyor shall furnish the city engineer with a full set of survey notes, which shall clearly show:
A. The ties to each monument established for this plat;
B. All necessary controlling reference points or monuments;
C. Sufficient data to determine readily the bearing and length of each line which may be in form of computer printout sheets or coordinate sheet;
D. The base meridian referred to showing its relation to true north based on Polaris observation or tie to National Ocean Survey (USC and GS) triangulation system, or other control acceptable to the city engineer;
E. Complete subdivision of the section or sections, or as much thereof as necessary to properly orient the plat within same;
F. Corners of adjoining subdivisions or portions thereof, with ties;
G. Primary survey control points shall be referenced to section corners and monuments. (Ord. 1911 § 2 (part), 1997).
17.14.050 Monuments.
A. Permanent control monuments shall be established at:
1. All controlling corners on the boundaries of the subdivision;
2. The intersections of center lines of roads within the subdivision;
3. The beginning and ends or curves on center lines or points of intersections on tangents.
B. The position and type of every monument shall be noted on all plats of the subdivision. Permanent control monuments shall be set in two-inch pipe, twenty-four inches long, filled with concrete or shall be constructed of an approved equivalent.
C. Permanent control monuments within the streets shall be set after the streets are graded; the surety deposited to secure grading shall be sufficient to pay the costs estimated by the city engineer of setting such monuments.
D. Every lot corner shall be marked by a three-quarter-inch galvanized iron pipe or approved equivalent, driven into the ground.
E. If land in a subdivision is contiguous to a meandered body of water, the meander line shall be reestablished and shown on the plat.
F. If the thread of a stream lies within a subdivision and forms the boundary of lots, such thread shall be defined by bearing and distances as it exists at the time of the survey. (Ord. 1911 § 2 (part), 1997).
17.14.060 Certification.
The following certificates shall be shown on the final plat. Items in subsections A through D of this section shall be signed before the final plat is submitted for review:
A. Surveyor. The surveyor shall place his seal and signature on the plat, along with:
1. A statement certifying that the plat was prepared by him, or under his supervision;
2. A statement certifying that the plat is a true and correct representation of the land surveyed;
3. A full and correct description of the land to be divided.
B. Owner. The following statements or certifications shall be placed upon the final plat by the owner:
1. A statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. Owners of other interests shown on the title report shall certify that they have notice of the subdivision;
2. If the plat is subject to a dedication, a certificate containing the dedication of all streets and other areas, together with a waiver by them and their successors of all claims for damages against any governmental authority which may be occasioned to the property within the subdivision and adjacent lands from the required construction, drainage and maintenance of the areas. The certificates shall be signed and acknowledged before a notary public by all parties having ownership interest in the lands subdivided.
C. City Engineer. A statement of approval from the city engineer approving the survey data, the layout of the streets, alleys and other rights-of-way, design of bridges, sewage and water system and other structures.
D. Treasurer Certificate. A certification from the Benton 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.
E. City Approval. City approval shown as follows:
1. Date of examination and approval by the city planning commission;
2. Date of examination and approval by city council.
F. Benton County Auditor. A certificate of recording to be signed by and used by the Benton County auditor in filing the final plat, as follows:
Filed for record this day of ____, 20 __, at __.m. and recorded in Volume _____ of Plats, on Page ___, at the request of _____.
Fee: ______
_____________________ _____________________
Deputy Benton Co. Auditor Benton County Auditor
G. Irrigation Certification. A certificate to be signed by the city as follows:
The property described herein is located wholly or in part within the boundary of the City of Prosser. I hereby certify that the irrigation assessments, if any, for the within described property have been paid through the current year. I further certify that:
___ 1. Easements and rights of way shown by this plat are adequate to transmit irrigation water to those lots or parcels which are otherwise entitled to irrigation water under the operating rules and regulations of the district; and
___ 2. Provisions, acceptable to the district, have been made for completed irrigation distribution facilities; or
___ 3. The existing irrigation distribution facilities are adequate to meet the requirements of the District; and, if applicable,
___ 4. Lots ___ are not classified as “irrigable land” by the district and/or are not entitled to irrigation water under the operating rules and regulations of the district.
CITY OF PROSSER
BY: __________ DATE: __________
ITS: __________
(Ord. 1911 § 2 (part), 1997).
17.14.070 Improvements—Completion or guarantee.
The applicant shall either complete the required improvements before the final plat is approved, or the applicant shall financially guarantee installation of the same pursuant to criteria established in Section 17.14.080. (Ord. 1911 § 2 (part), 1997).
17.14.080 Improvements—Security for completion and maintenance.
A.1. In lieu of the completion of the actual construction of required improvements prior to approval of a final plat, the subdivider may file a completion bond or other suitable security in a form approved by the city engineer sufficient to guarantee actual construction and installation of such improvements within two years of final plat approval. This bond or other suitable security shall remain in full force and effect for a minimum of at least three years from date of final plat approval. The amount of the security for completion shall not be less than one hundred twenty-five percent of the city engineer’s estimate of the cost of such improvements, but the city engineer may set a higher percentage based upon the complexity of the project.
2. In addition, before final plat approval is granted, the subdivider shall file a maintenance bond or other suitable security in a form approved by the city attorney and in the amount of ten percent of the city engineer’s estimate of the cost of such improvements to guarantee the repair or replacement of any improvement or any landscaping which proves defective or fails to survive within one year after final acceptance of the improvements or landscaping by the city. This bond or other suitable security shall remain in full force and effect for a minimum of at least two years, unless earlier exonerated or released by the city. The city shall withhold approval of the final plat until any required security for completion and the required security for maintenance are filed.
3. If the subdivider disagrees with the amount of the completion bond, maintenance bond or other suitable security, the subdivider may request that the amount set by the city engineer be reviewed by the city council. The request for review must be in writing and must set forth with particularity the basis for the subdivider’s disagreement. Upon receipt of the same, the city administrator will place the matter on the agenda of a city council meeting and notify the subdivider of the date of the city council meeting.
B. The city may enforce the bonds or performance or maintenance security required by this section according to their terms, pursuant to any and all legal and equitable remedies. In addition, any completion or maintenance security filed pursuant to this section shall be subject to enforcement in the following manner:
1. In the event the improvements are not completed as required, or maintenance is not performed satisfactorily, the city engineer shall notify the property owner and the guarantor in writing, which shall set forth the specific defects which must be remedied or repaired and shall state a specific time by which such shall be completed.
2. In the event repairs or maintenance are not completed as specified in the notice referred to in subsection (B)(1) of this section by the specified time, the city may proceed to repair the defect or perform the maintenance by either force account, using city forces, or by private contractor. Upon completion of the repairs or maintenance, the costs thereof, plus interest at twelve percent per annum, shall be due and owing to the city from the owners and guarantor as a joint and several obligation.
3. In the event the city is required to bring suit to enforce maintenance, the subdivider and guarantor shall be responsible for any costs and attorneys’ fees incurred by the city as a result of the action. In the event that the security is in the form of a cash deposit with the city, the city may deduct all costs set forth in this section from the cash on deposit and the subdivider shall be required to replenish the same for the duration of the guaranty period. (Ord. 1911 § 2 (part), 1997).
17.14.090 Improvements—Construction.
Construction of subdivision improvements prior to final plat approval or subsequent to final plat approval as a condition to meeting bond requirements shall proceed as follows:
A. Four sets of complete construction drawings and specifications shall be submitted to the city engineer for approval prior to the commencement of construction. The submitted drawings and specifications shall be designed and certified by a registered civil engineer. Construction drawings shall be in conformance with the conditions, if any, of preliminary plat approval and applicable city standards. All city costs for review of such drawings and specifications shall be paid in accordance with Chapter 20.10.
B. Construction of improvements shall not be initiated without authorization of the city engineer. The city engineer shall authorize the subdivider to proceed with construction after approval of the construction drawings and specifications. The city engineer may grant approval on the condition that additions or changes are made in the drawings or specifications, or on the inclusion or implementation of mitigating measures necessary to minimize the impact of the subdivision or subdivision construction on the environment. Conditions required to minimize environmental impacts shall conform with requirements of the current SEPA ordinance.
C. Any changes to the construction drawings or specifications involving design of the subdivision improvements shall first be reviewed and approved by the city engineer.
D. Construction of the subdivision improvements shall proceed as shown in the construction drawings and specifications. Construction shall proceed under the supervision of a licensed professional engineer. The city engineer or other inspector acceptable to the city shall inspect construction progress as frequently as necessary to ensure that subdivision improvements are being constructed in compliance with construction plans and required standards. All costs of such inspections shall be paid in accordance with Chapter 20.10.
E. After the completion of construction, three sets of “as-built” drawings showing the subdivision improvements as constructed shall be certified as true and complete by a licensed professional engineer and one set shall be reproducible mylar. The certified “as-built” drawings shall be submitted to the city prior to final plat approval and/or the acceptance of the subdivision improvements by the city. (Ord. 2617 § 2, 2008: Ord. 1911 § 2 (part), 1997).
17.14.100 Maintenance of incomplete subdivision improvements.
The city may decline to accept responsibility for the maintenance of streets and utilities until the improvements are completed and accepted in writing by the city engineer. (Ord. 1911 § 2 (part), 1997).
17.14.110 Final plat review.
Upon receipt of a proposed final plat, the plat administrator shall insure the proposed subdivision conforms to all conditions and requirements established by ordinance or through preliminary approval. Such review shall include:
A. That the final plat meets all standards established by state law and this title relating to final plats;
B. That the final plat bears all the certificates and statements of approval required by this title;
C. That there is a certification from the Benton 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;
D. That the title report furnished by the subdivider confirms that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat’s certificate. (Ord. 1911 § 2 (part), 1997).
17.14.120 Recommendations to accompany plats submitted for final approval.
Each proposed final plat submitted for final approval of the city council shall be accompanied by the following agencies’ and persons’ written reports and recommendations for approval or disapproval:
A. The city engineer or a licensed professional engineer acting on behalf of the city shall review the survey data, layout of streets, alleys and other rights-of-way, design of bridges, sewage, storm sewage and water systems and other structures. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall examine and approve final plats on behalf of the city. The city engineer or other engineer acting on behalf of the city shall satisfy himself/herself that:
1. The proposed final plat meets all standards established by state law and this title relating to the final plat’s drawings and subdivision dedications and improvements;
2. The facilities and improvements required to be provided by the subdivider have been completed, or alternatively, that the subdivider has provided a bond in an amount and with sureties commensurate with improvements remaining to be completed, securing the city the construction and installation of the improvements and that all survey monument lot corners are in place and visible;
B. Benton County health department, city engineer or other agency furnishing sewage disposal and supplying water, as to the adequacy of the proposed means of sewage disposal and water supply;
C. The planning commission shall review the findings of the administrator and engineer and review the proposed final plat’s compliance with all the terms of the preliminary approval. (Ord. 1911 § 2 (part), 1997).
17.14.130 Review—City council.
A. This is a type IV application and the city council shall make the final decision. Upon confirmation that the final plat contains all required elements, including all required signatures and certifications, except for the approval of the city council, the plat administrator shall advise the city clerk of the need to place a plat on the agenda of the city council.
B. The city council shall review the recommendations for approval or disapproval of the final plat from those persons and agencies specified in Section 17.14.120.
C. The city council shall execute its written approval on the face of the plat, if it finds the following:
1. That the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval;
2. That the bond, if there be one, by its essential terms assures completion of improvements;
3. That the public use and interest will be served by approving the proposed final plat;
4. That the requirements of state law and this chapter have been satisfied.
D. No plat may be approved unless the city makes a formal written finding of fact that the proposed subdivision is in conformity with the comprehensive plan and any applicable zoning ordinance of the city or other land use controls which may exist. (Ord. 1911 § 2 (part), 1997).
17.14.140 Time for approval.
Final plats shall be approved, disapproved or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (Ord. 1911 § 2 (part), 1997).
17.14.150 Filing.
A. Filing Required. No final plat shall be filed unless approved by the city council. The original of an approved final plat shall be filed for record with the county auditor.
B. Fees and Filing Procedure. Prior to filing, the applicant shall submit the original final plat drawings with all necessary certificates and signatures, except that of the city, to the city administrator. All fees in accordance with Chapter 20.10 shall be paid in full before the final plat is recorded with the Benton County auditor.
C. Period of Approval. 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. 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, 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. (Ord. 2617 § 3, 2008: Ord. 1911 § 2 (part), 1997).
17.14.900 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. 2617 § 4, 2008).