Chapter 24.13
SHORT SUBDIVISIONS
Sections:
24.13.010 Permission and procedure to plat.
24.13.030 Required information.
24.13.040 Required certificates and statement.
24.13.050 Park, recreation, and open spaces – Requirements.
24.13.060 Approval by city engineer.
24.13.070 Disapproval by city engineer.
24.13.080 Time for determination.
24.13.010 Permission and procedure to plat.
When an owner or subdivider desires to subdivide a parcel of land so as to produce not more than a total of nine lots, none of which has been subdivided by short subdivision within a period of five years, it may be done in the following manner. [Ord. 295 § 1.02; Ord. 474 § 1.01; Ord. 15-84; Ord. 52-19 § 1].
24.13.020 Submission.
An original, drawn in permanent black ink on good quality linen tracing cloth or stabilized drafting film, and five prints of a plat containing the information, certificates, and statements required by this title shall be submitted to the office of the city engineer. The plat scale shall be either 50 feet to an inch or 100 feet to an inch. All plats shall be drawn on a standard sheet, 18 inches by 24 inches, and with a two-inch margin on the left edge and a one-inch margin on all other edges. [Ord. 295; Ord. 15-84; Ord. 23-03].
24.13.030 Required information.
The short subdivision plat shall contain or be accompanied by the following information:
A. The title of the short subdivision shall be shown on the face of the plat in the following manner: “Short plat no. _______.”
B. The primary control point approved by the city engineer and descriptions and ties to such control points to which all angles, bearings, dimensions, and similar date on the plat shall be referred.
C. A complete set of field and computations notes showing original or reestablished corners with descriptions of them, actual traverses showing error or closures and method of balances; and a sketch showing all distances, angles, and calculations required to determine distances and corners of the plat. The allowable error of closure shall not exceed one foot in 4,000 feet.
D. All tract boundary lines, right-of-way lines of existing streets, easements, and other rights-of-way, and property lines of lots and other sites, with accurate bearings, dimensions, deflection angles, complete curve data for existing street centerlines and property lines, and other information necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and points of curve to lot lines.
E. The name and right-of-way width of each existing street and other rights-of-way.
F. The location, dimensions, and purposes of each existing easement.
G. The purpose for which sites, other than residential lots, are dedicated or reserved.
H. Numbers to identify each parcel, lot and block.
I. The location and description of all monuments.
J. References to recorded plats of adjoining land by record name, date and number. [Ord. 295 § 1.02; Ord. 15-84 § 1.03].
24.13.040 Required certificates and statement.
A. Each sheet of the plat shall contain the following certificates:
I, ___________ registered land surveyor, hereby certify that the plat of ___________ as shown hereon is based upon actual field survey of the land described and that all angles, distances, and courses are correctly shown and that the monuments have been set and the lot corners staked as shown on the plat.
Signed _____________________ (Seal)
B. A certification from the proper officer in charge of tax collections that all taxes and delinquent assessments have been paid, satisfied or discharged.
C. A certificate that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
D. Each plat shall be accompanied by a copy of all restrictive covenants and other deed restrictions that are to be placed upon any of the lots in the subdivision. [Ord. 295; Ord. 23-03].
24.13.050 Park, recreation, and open spaces – Requirements.
When property is divided to form additional residential lots, the requirements of Chapter 22.12 RMC shall be complied with. [Ord. 295; Ord. 78-80].
24.13.060 Approval by city engineer.
The city engineer may approve and affix his certificate of approval on the plat only if he finds:
A. The plat is accurate and correct in all details;
B. Minimum improvements, including improvements to streets bordering the property, have been provided as described in this title, or adequate provisions have been made to assure that such improvements will be made when needed;
C. The proposed subdivision will not interfere with the future development of any remaining property under the same ownership or of any adjacent property;
D. Adequate access is available for the proposed subdivision;
E. The lots conform to the requirements of the zoning ordinance and any comprehensive plan adopted by the city for the area under consideration. [Ord. 295; Ord. 52-19 § 2].
24.13.070 Disapproval by city engineer.
If the city engineer finds the above criteria have not been complied with, he may either disapprove the application or he may require that the applicant make necessary changes which would cause him to give his approval. If the application is denied by the city engineer, the applicant may file a subdivision plat with the planning commission in accordance with Chapter 24.12 RMC, or he may appeal the decision of the city engineer in accordance with RMC 24.13.090. [Ord. 295].
24.13.080 Time for determination.
Action on said short subdivision shall be conveyed to the applicant within 10 days after the city engineer has received the application. [Ord. 295; Ord. 15-84].
24.13.090 Appeal.
A. Appeal to the Hearing Examiner. Any person or agency directly affected by any decision of an administrative official may appeal that decision to the hearing examiner under this chapter. Only final actions or decisions of an administrative official may be appealed under this title. Interim procedural or other rulings during or as part of a review or decision-making process by an administrative official under this title are not appealable except as part of the final decision or action.
B. Appeal. All appeals shall be filed within 14 days following the mailing of the final decision by the administrative official. Appeals shall be filed with the development services division.
C. Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the development services division and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the Richland Municipal Code or other provisions of law.
D. Notice. The development services division shall set a reasonable time and place for hearing of the appeal before the hearing examiner and shall notify all parties of record at least 10 days prior to the hearing.
E. Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within 10 working days from the conclusion of the hearing unless the appellant and the hearing examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The development services division shall send copies of the hearing examiner’s decision to the appellant and parties of record not later than three working days following the issuance of the final decision.
F. Effect of Decision. The hearing examiner’s decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in accordance with Chapter 19.70 RMC. [Ord. 295; Ord. 27-14 § 1.01].
24.13.100 Filing.
One print and the original of the approved map shall be returned to the applicant. The original shall be submitted to the auditor of Benton County who may accept it for filing and record only if all requirements stated have been complied with. [Ord. 295].
24.13.110 Resubdivision.
No land within the boundaries of a short subdivision may be further divided in any manner which will create additional buildable lots within a period of five years except by subdivision in accordance with Chapter 24.12 RMC (Procedure). [Ord. 15-84 § 1.05].