Chapter 19.16


19.16.010    Purpose and intent.

19.16.020    Authority.

19.16.030    Presubmission conference mandatory.

19.16.040    Information required.

19.16.060    Preliminary plat review and decision making process.

19.16.070    Appeals.

19.16.080    Effective date.

19.16.082    Preliminary plat extension.

19.16.085    Application expiration.

* Prior legislation: Ords. 1701-0407 and 1041.

19.16.010 Purpose and intent.

The purpose of this chapter is to provide uniform regulations for the subdivision and resubdivision of land into five or more parcels, so as to provide for the public health, safety, and general welfare. It is further the intent of this chapter to implement the requirements of the city of Shelton comprehensive plan, the Shelton Municipal Code, the city of Shelton design and construction standards, and the city of Shelton shoreline master program. (Ord. 1750-0709 § 2 (part), 2009)

19.16.020 Authority.

The hearings examiner for the city of Shelton shall conduct a public hearing on all preliminary plats and shall approve, amend, or disapprove preliminary plats based upon applicable state law and the provisions of this code. The city of Shelton department of community and economic development is designated and assigned responsibility for reviewing the proposal relative to applicable regulations and for preparation and distribution of a recommendation and report to the city of Shelton hearings examiner for consideration. (Ord. 1750-0709 § 2 (part), 2009)

19.16.030 Presubmission conference mandatory.

Prior to the submission of an application for a preliminary plat, the applicant shall submit application for a presubmission conference with the city of Shelton unless waived by the director of community and economic development. The presubmission conference provides an opportunity for the applicant and staff to speak informally about the general concept and layout of the proposed development to identify potential conflicts relative to the proposal and applicable regulations as well as known challenges that the developer should be aware of. Identification of these conflicts and challenges early on in the process can save both the applicant and staff a great deal of time, energy, and resources. An application for presubmission conference shall be completed and submitted to the city of Shelton department of community and economic development, along with the appropriate application fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009:)

19.16.040 Information required.

The subdivider shall submit a completed application for preliminary plat approval to the city of Shelton department of community and economic development. A complete application for the purposes of this chapter shall consist of the following:

A.    Completed and signed preliminary plat application submitted with the application fee for preliminary plats as established by the Shelton city council.

B.    Fully completed and signed State Environmental Policy Act (SEPA) checklist, submission of the SEPA checklist processing fee as established by the Shelton city council, and a current list of mailing addresses for all property owners within three hundred feet of the outer property boundaries of the proposed plat.

C.    Preliminary Plat Information Requirements. The scale of the preliminary plat shall be such that the drawing shall be legible and clearly defined, the minimum scale of which shall be one hundred feet equals one inch. The preliminary plat shall be prepared by a licensed professional land surveyor and specifically and clearly show the following features and information on one or more maps and drawings that measure twenty inches high by twenty-two inches wide:

1.    The name of the proposed plat, subdivision or dedication;

2.    Date, scale, and north arrow;

3.    A vicinity sketch indicating the boundary of the proposal in relation to major highways, schools, parks, shopping centers, and similar facilities;

4.    A legal description of all lands included in the proposed plat, subdivision, or dedication;

5.    Existing monuments and markers;

6.    The boundary lines of the entire tract to be subdivided;

7.    Location, width and names of all existing or platted streets or other public ways within the proposed development and other important features, such as the general outline of permanent buildings, watercourses, power lines, telephone lines, easements, railroad lines, municipal boundaries, township lines and section lines;

8.    The general location and size of all existing wells, sewers, watermains, culverts, and other underground installations within the tract and within one hundred feet of the plat, as far as can be determined;

9.    Topographic contours, shown at a maximum ten-foot contour level, to show the topography of the entire tract, and at least three hundred feet beyond the tract boundaries, unless a lesser amount is allowed by the city engineer;

10.    The layout of proposed street right-of-way lines, alleys, bicycle and pedestrian paths, private roads and easement lines, and the layout and approximate dimensions of all lots and blocks;

11.    Tentative grades of each street, alley, bicycle and pedestrian path, private road, etc., proposed to be included in the plat. The submittal shall include fully dimensioned cross-sections for each street, including sidewalks, bike lanes, parking lanes, and transit facilities;

12.    All parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of the property owners in the subdivision. The purpose, condition or limitations of such dedications or reservations shall be clearly indicated;

13.    The indication of any proposed phasing of the development of the plat;

14.    Replats. If the plat constitutes a replat, the lots, blocks, and streets of the original plat shall be shown with dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid ambiguity, all as required by law;

15.    Indication of what amenities are proposed to be provided in all areas to be owned and managed in common, as well as proposed landscaping and permanent method of management and maintenance of said areas;

16.    Preliminary Utility Layout. The subdivider shall provide a preliminary plan for waterworks and sewerage facilities to serve the proposed plat. The exhibits shall be designed in compliance with the city of Shelton design and construction standards and be of adequate size to clearly display the proposed utilities’ locations and tentative sizes as well as details as to where and how said utilities would connect to the existing city of Shelton maintained system;

17.    Stormwater Runoff. The subdivider shall provide a preliminary storm drainage design plan, accompanied by a supporting preliminary stormwater report that illustrates the existing direction of surface water runoff on the site and the proposed method(s) of treatment, detention, infiltration, and other controls to be installed as part of the plat improvements. The system shall be designed in accordance with the Shelton Municipal Code and the city of Shelton design and construction standards;

18.    Provisions for Parks and Open Space. The subdivider shall provide the location, size, and proposed improvements of all active use and/or passive use parkland to be included in the plat. The proposed parkland amount shall be equal to or greater than five acres per one thousand residents to reside in the development based on the average family size as indicated in the most recent census. The park is required to be owned and managed by a homeowners’ association (or equivalent body) or the city of Shelton. All parks proposed to be dedicated to the city of Shelton for ownership and maintenance shall be designed and built to city of Shelton standards. All parks and open space areas proposed for active use are to be located in a usable portion of the site (not within waterways, steep slopes, wetlands, or other critical areas, except as allowed by Chapter 21.64) and be of adequate dimensions to provide a usable amenity to the residents of the subdivision and/or city of Shelton;

19.    Flood Zones. The subdivider shall clearly delineate any areas on the subject site that are identified flood zones as indicated by maps prepared by the Federal Emergency Management Agency (FEMA);

20.    Airport Overlay Zone. Areas of the proposed plat that lie within any portion of the airport overlay zone of Sanderson Field, as identified in Chapter 20.70, shall be illustrated on the plat, including the zone number and location.

D.    Supporting Documentation Required. Unless otherwise waived by the director of community and economic development and the city engineer (or their respective designees), the following supporting documentation and information is required to be submitted with each preliminary plat application:

1.    Critical Areas Information. The subdivider shall provide appropriate documentation and information for the city to evaluate the potential for impacts to occur to critical areas or their buffers present on or within three hundred feet of the site, as required and defined in Chapter 21.64.

2.    Traffic. The subdivider shall provide a vehicular traffic trip distribution analysis for the project which demonstrates how traffic is anticipated to be distributed through the existing and proposed street network, including anticipated existing and proposed level of service (LOS) at all impacted intersections. The analysis is required to be prepared by a licensed civil engineer or traffic engineer. Further analysis may be required depending on anticipated impacts to the city of Shelton roadway network.

3.    Water Availability. The subdivider shall submit a water availability application with a site plan that illustrates the proposed water distribution network within the plat, proposed water line sizes, as well as proposed points of connection to the existing city of Shelton water distribution network.

4.    Preliminary Grading Plan. The subdivider shall submit a topographic plan which effectively typifies the site in its existing condition as well as proposed contours upon project completion. Approximate cut and fill quantities, and proposed soil stockpile areas. Areas of substantial vegetation to remain and vegetation to be removed on the site shall be clearly illustrated on the plan. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.16.060 Preliminary plat review and decision making process.

A.    Determination of Completeness. The city of Shelton shall review the preliminary plat application and documentation for completeness based on the submission requirements identified in Section 19.16.040. The city shall notify the applicant within twenty-eight days, in writing, whether the application is complete and whether additional information is required to be submitted to continue processing the plat application. For applications determined to be incomplete, the city shall identify specific requirements, information, or materials necessary to constitute a complete application. Within fourteen days of submittal of the requested information or materials, the city shall issue a determination of completeness or identify the additional information, or materials still necessary for completeness.

A determination of completeness shall be issued in a manner consistent with Chapter 17.06 (consolidated review process).

A determination of completeness shall not preclude the city of Shelton from requesting additional information or studies if additional information is required or a change in the proposed development occurs that requires additional review.

B.    Application Vesting. A preliminary plat application shall only become vested, pursuant to the state of Washington application vesting laws and policies, on the date a determination of completeness is made by the city. Thereafter, the application shall be reviewed under the codes, regulations, and other laws in effect on the date of application vesting. In the event the city determines that an applicant has substantially changed the proposed development after a determination of completeness has been issued, the application shall not be considered vested until a new determination of completeness has been made relative to the changes.

C.    Notice of Application. Within fourteen days after the city of Shelton issues a determination of completeness relative to the proposal, a notice of application shall be issued pursuant to Section 17.06.070. Further, the city of Shelton shall specifically solicit comments from the Washington State Department of Transportation (WSDOT) for proposals adjacent to a state highway, the city shall solicit comments from Mason County for proposals that may impact county-maintained streets or facilities, and the city shall solicit comments from the Shelton School District, as well as all city departments (public works/engineering, fire department, building department, etc.) and any other local, state, or federal agencies as may be necessary. Based upon comments received, the scale of the proposed project, or other circumstances, the city may require that the subdivider work with city staff to hold a public open house to better inform the general public of specific details of the proposed project and means by which potential impacts are proposed to be evaluated and/or addressed.

D.    State Environmental Policy Act (SEPA) Review. After the city issues the notice of application and solicits public comment and evaluates all required information relative to the proposal, as well as additional studies required as part of project review, the city will issue a SEPA notice of determination and indicate whether a determination of nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), or an environmental impact statement (EIS) has been/will be prepared for the project. The determination will be routed and noticed for public review in accordance with state and local laws. No public hearing will be scheduled for a preliminary plat until the appropriate environmental document has been completed and the comment period expired.

E.    Public Hearing. The city of Shelton department of community and economic development shall schedule a public hearing before the city of Shelton hearings examiner to consider the preliminary plat application pursuant to Chapter 2.36. The public hearing shall be scheduled within the timeframes mandated by Section 17.06.040.

F.    Findings and Decision. In order to approve a preliminary plat application, the hearings examiner must make written findings that appropriate provisions are made for the public health, safety, and general welfare and for such 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 only walk to and from school; and the public use and interest will be served by the platting of such subdivision and dedication. Further, the hearings examiner must find that the proposed preliminary plat is consistent with the city of Shelton comprehensive plan and the Shelton Municipal Code, and provides for all improvements required in the city of Shelton design and construction standards. The hearings examiner may opt to approve, approve with conditions, or deny a plat application. (Ord. 1750-0709 § 2 (part), 2009)

19.16.070 Appeals.

The applicant, or other individual or entity with standing, may appeal the decision of the city of Shelton hearings examiner to the Shelton city council within fourteen days of the date of written decision pursuant to Section 2.36.200. The city council shall conduct a closed record review of the decision and may confirm, modify, or overturn the decision. All appeals must be received by the director of community and economic development, in writing, and contain narrative which specifically cites the item or items being appealed, and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.16.080 Effective date.

The subdivision approval shall be governed by the conditions of preliminary plat approval for a period of five years unless an extension is granted. (Ord. 1750-0709 § 2 (part), 2009)

19.16.082 Preliminary plat extension.

The hearings examiner may consider the extension of the preliminary plat approval beyond the five years for a maximum of an additional three years upon application of the subdivider. The subdivider shall apply to the director of community and economic development for an extension request in advance of the expiration date and pay all applicable fees associated with the extension request (hearings examiner, public notice, etc.) as well as provide a detailed written account as to why the extension request is made and why the plat was not completed within the original timeframes noted. Any request for extension to the effective date of a preliminary plat shall be considered at a public hearing. The hearings examiner may approve the extension request for a maximum of three years or may require that the preliminary plat be resubmitted. This section shall apply retroactively to all subdivisions for which a determination of completeness was issued on or after January 1, 2006. (Ord. 1750-0709 § 2 (part), 2009)

19.16.085 Application expiration.

In an effort to ensure timely and diligent progress is made by project applicants on all plat applications that have been determined to be complete pursuant to Section 19.16.060(A) and benefiting from being vested to be regulations in place at the time of application, the city of Shelton shall expire a preliminary plat application twelve months after a determination of completeness has been made if the applicant is not making noticeable progress towards preliminary plat approval. Any expiration of a plat application shall be made in writing to the applicant and may be appealed to the city of Shelton hearings examiner within fourteen days of issuance of the notice of application expiration. (Ord. 1750-0709 § 2 (part), 2009)