Chapter 17.15


17.15.010    Title.

17.15.020    Applicability.

17.15.030    Definitions.

17.15.040    Application—Contents—Fee.

17.15.050    Further division prohibited.

17.15.060    Plat map.

17.15.070    Distribution of application.

17.15.080    Administrative review.

17.15.090    Roads, rights-of-way, improvements and dedications.

17.15.100    Approval and filing—Hearing on dedication.

17.15.110    Written findings.

17.15.120    Appeal from decision—Hearing.

17.15.130    Fees.

17.15.140    Certifications and acknowledgments—Form.

17.15.150    Violation and penalty.

17.15.900    Severability.

17.15.010 Title.

The title of the ordinance codified in this chapter shall be known as the “Prosser Short Plat Ordinance.” (Ord. 1912 § 2 (part), 1997).

17.15.020 Applicability.

Every division of land for the purpose of lease or sale into four or fewer lots, parcels, tracts, sites or subdivisions, within the city shall proceed in compliance with this chapter. (Ord. 1912 § 2 (part), 1997).

17.15.030 Definitions.

A.    In addition to the definitions contained in Chapter 17.08, whenever the following phrase appears in this chapter, it shall be given the meaning attributed to it by this section:

“Final approval” means that approval given by the administrator which authorizes recording of the short subdivision.

B.    When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision. (Ord. 1912 § 2 (part), 1997).

17.15.040 Application—Contents—Fee.

Any person desiring to subdivide land, or to alter or vacate short plats and short subdivisions, as referred to in Section 17.15.020 shall submit to the administrator an application for a short plat or short subdivision or alteration or vacation thereof, which application shall consist of the following:

A.    An application form completed and signed by the subdivider or applicant. (The form shall be supplied by the city administrator);

B.    Twelve copies and a reproducible containing items specified in Section 17.15.060. In lieu of the twelve copies, the administrator may accept reductions of the proposed plat;

C.    A title report confirming the title of the lands as described in the short plat is in the names of the owners of the lands being subdivided;

D.    A survey shall be completed and filed with the application for approval of the short plat or short subdivision, as provided in Section 17.15.080. (Ord. 2618 § 1, 2008: Ord. 1912 § 2 (part), 1997).

17.15.050 Further division prohibited.

The land in a short plat or short subdivision may not be further divided in any manner within a period of five years without the filing of a final plat in accordance with this chapter of this code. However, nothing in this section shall prevent the existing owner from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 1912 § 2 (part), 1997).

17.15.060 Plat map.

A.    A plat map submitted for a short subdivision shall be drawn in ink on good quality mylar sheet, size eighteen inches by twenty-four inches, to a scale of one inch equals fifty feet, unless otherwise authorized by the administrator.

B.    The plat map shall be of the entire contiguous tract owned by the applicant showing the following information:

1.    Name of property owners and outlines of existing subdivision lots for property adjacent to the proposed short subdivision;

2.    Boundaries of each lot and of the total subdivision, together with the location of all monuments found or set, or other evidence used as ties to establish the boundaries;

3.    Lot area in square feet and lot number for each lot;

4.    Legal description of the total parcel included in the short plat;

5.    Land surveyor certificate;

6.    Location, and a dedication statement to the lots and parcels in the short subdivision, of any roads, easements or rights-of-way proposed to serve the short plat;

7.    The notarized signatures of all owners and contract purchasers of lands being subdivided, as well as notarized signatures of all owners of property over which access or utility easements pass, unless such easements are already recorded by separate instrument with the auditor’s office;

8.    A space for approval by the administrator;

9.    A space for approval by the city engineer;

10.    If the plat contains a dedication, space for approval by the city council shall be provided;

11.    Benton County treasurer’s signature indicating taxes and assessments have been paid through the current year;

12.    A vicinity map;

13.    When the property has irrigation water, the requirements of RCW 58.17.310 must be satisfied. The signature of an authorized representative of the city shall certify that assessments, if any, have been paid through the current year, that property has been provided with an irrigation water right-of-way for each parcel of land and all other irrigation requirements of RCW 58.17.310 have been satisfied.

a.    In the event that the city or the applicant requests to use city road right-of-way for all or part of a proposed irrigation distribution facility, prior consultation and approval will be required from the city;

b.    All standards and specifications shall be as required by the respective irrigation district, and as required by city for streets and public easements which are involved. Each district shall provide the planning department with a copy of its standards for public inspection/availability;

14.    House addresses shall be provided by the city for each lot and shall be clearly shown on the short plat;

15.    When a survey of a proposed short plat reveals a discrepancy, the discrepancy shall be noted on the face of the short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the short plat. (Ord. 1912 § 2 (part), 1997).

17.15.070 Distribution of application.

Upon receipt of a complete application, the administrator shall distribute copies of the application to city departments and appropriate outside agencies for review and comment. The person or agency shall, within fifteen days of the date of mailing or hand delivery of the application, return their written comments; otherwise, failure to respond will be considered as having no comments. (Ord. 1912 § 2 (part), 1997).

17.15.080 Administrative review.

The administrator, with the assistance of other reviewing agencies, shall determine whether:

A.    The proposed lots conform to the comprehensive plan and zoning requirements;

B.    Appropriate provisions are made for public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to or from school;

C.    The proposed lots have adequate means of ingress and egress;

D.    The public use and interest will be served by permitting the proposed division of property. (Ord. 1912 § 2 (part), 1997).

17.15.090 Roads, rights-of-way, improvements and dedications.

A.    The administrator shall review each short subdivision to determine if there is an existing or future need for public access through a proposed short subdivision. If such a need exists, the administrator may deny the short subdivision and instruct the applicant to proceed with a full subdivision including construction of public roads. If it is determined the need for public roads does not exist, the administrator may recommend the approval of a short subdivision.

B.    The administrator may require the dedication of a right-of-way either along an existing road or to provide for a future road as a condition of approval.

C.    The administrator may require other improvements or dedications of land to mitigate direct impacts of the proposed short plat.

D.    All required roads, improvements and dedications in short plats shall conform to the requirements for improvements, design standards and dedications as set forth in Chapters 17.16, 17.22 and 17.24. All improvements shall be at the owner’s expense and may require that the improved areas and improvements be dedicated to the city after installation. No short plat may be recorded until the improvements have been completed or a bond has been filed with the city.

E.    The design of all utility improvements shall be certified by a licensed professional engineer, registered in the state of Washington.

F.    All dedications shall be clearly shown on the plat map. (Ord. 1912 § 2 (part), 1997).

17.15.100 Approval and filing—Hearing on dedication.

A.    This is a type II application if there is no dedication of right-of-way. The final decision shall be made by the administrator.

B.    This is a type III application if the short plat contains a dedication of right-of-way. The final decision shall be made by the city council. The administrator shall cause a public hearing to be held before the city planning commission prior to recording the short plat.

C.    All applications hereunder shall be processed as set forth in Title 19 of this code. The short subdivision is not a legal subdivision until it has been recorded with the auditor. (Ord. 1912 § 2 (part), 1997).

17.15.110 Written findings.

The administrator shall make written findings that the provisions of Section 17.15.080 have been met. (Ord. 1912 § 2 (part), 1997).

17.15.120 Appeal from decision—Hearing.

Only a party of record may appeal the decision of the administrator or the city council. Any appeal shall be processed as set forth in Title 19 of this code. (Ord. 1912 § 2 (part), 1997).

17.15.130 Fees.

Fees shall be paid in accordance with Chapter 20.10. (Ord. 2618 § 2, 2008: Ord. 1912 § 2 (part), 1997).

17.15.140 Certifications and acknowledgments—Form.

A.    Land surveyor certificate shall be in the following form:

I, ________ a registered land surveyor, hereby certify that the short plat as shown is based upon actual field survey of the land described and that all angles, distances, and courses are herein correctly shown and that the lot corners have been staked on the ground as shown on the map.

Signed ________ Registered Land Surveyor

________________ SEAL

B.    The certification of ownership shall be as follows:

We ________ hereby certify that we are the owners of the tract of land described herein, that we have caused said land to be surveyed and short platted into lots as shown and that the easements on the short plat are hereby granted for the uses shown thereon.

C.    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.


BY: _______________  DATE: _______________

ITS: ________________________________.

D.    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

(Ord. 1912 § 2 (part), 1997).

17.15.150 Violation and penalty.

A.    No person shall transfer, sell, lease, or offer for transfer, sale or lease any land subject to the requirements of short plat approval, until a short plat has been approved and filed.

B.    No lot, parcel or subdivision subject to the provisions of this chapter shall be placed on the assessment rolls until an approved short plat has been filed with the auditor.

C.    Any person or persons, firm or corporation violating the provisions of this chapter is guilty of a misdemeanor and shall be subject to a fine of not more than one thousand dollars or imprisonment not exceeding ninety days, or both such fine and imprisonment. (Ord. 2618 § 3, 2008: Ord. 1912 § 2 (part), 1997).

17.15.900 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. 2618 § 4, 2008).