Chapter 16.12
SHORT SUBDIVISIONS – PROCEDURE
Sections:
16.12.015 Application for a short subdivision – Requirements.
16.12.020 Land survey requirements.
16.12.025 Short plat contents.
16.12.050 Approval of short subdivisions – Filing.
16.12.055 Resubdivision restricted.
16.12.065 Short subdivisions – Variances.
16.12.070 Short plat – Decision appeals.
16.12.005 Approval required.
It is unlawful for any person to divide land so as to constitute a short subdivision within the city or to enter into any contract for the sale or lease of any part of such land, without first complying with the provisions of this title applicable to such division of land. Any person violating this section shall be guilty of a misdemeanor, and any such land shall be deemed to be undivided. (Ord. 86-26 § 2, 1986).
16.12.010 Administration.
A. The administrator is vested with the duty of administering and interpreting the short subdivision provisions of this title and with the authority to summarily approve, disapprove, or return for modifications proposed short subdivisions.
B. The administrator may prepare and require the use of such forms as deemed necessary to administer this chapter. (Ord. 86-26 § 2, 1986).
16.12.015 Application for a short subdivision – Requirements.
A. An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the city manager’s office.
B. Each application for a short subdivision shall include the following:
1. A written application on a form provided by the administrator and signed by the land owner, or his authorized agent;
2. A report from a title company listing all parties having any interest in the property to be divided and a legal description thereof;
3. The proposed short plat prepared in accordance with the provisions of this chapter and 15 copies thereof;
4. A reproducible scale drawing showing:
a. Lots, dedicated streets and easements,
b. Size and location of water, sewer, drainage, irrigation, and utility easements, including all private utilities, proposed to serve the lots to be created and their point of connection with the existing services,
c. Size and location of all existing utilities, public and private, including the grade and elevation of sewer mains, and distances or proposed extensions to provide service to the subdivision,
d. If requested by the administrator, contour lines at two-foot elevation intervals for slopes less than 10 percent and five-foot intervals for slopes more than 10 percent. Elevations shall be based on United States Coast and Geodetic Survey datum;
5. A nonrefundable application fee shall be established by resolution of the city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. 86-26 § 2, 1986).
16.12.020 Land survey requirements.
A. A proposed short plat of land shall be prepared by, or under the supervision of, a registered land surveyor of the state of Washington as a result of a land survey.
B. All proposed short plats shall be surveyed in accordance with Chapter 58.09 RCW, Survey Recording Act, as it exists or is hereafter amended.
C. All lot corners determined as a result of a land survey shall be established by the placement of a permanent survey monuments.
D. Short plats are subject to all other requirements of this title, particularly Chapter 16.20 TMC. (Ord. 86-26 § 2, 1986).
16.12.025 Short plat contents.
The short plat shall be clearly and legibly delineated upon tracing cloth of good quality polyester film .003 inch thick or a direct positive photographic reproducible polyester .003 inch thick. All lines, letters, figures, certificates, acknowledgments and signatures shall be made in black waterproof acetate ink of good quality (Pelikan T or equal) except that affidavits, certificates and acknowledgments may be stamped or printed upon the plat with black nonsmearing opaque ink. The map shall be to a suitable and appropriate scale, not less than one inch to 100 feet, or as approved by the administrator. The map shall be 18 inches by 24 inches. It shall show:
A. The entire lot or parcel constituting the applicant’s land;
B. The taxation parcel number or numbers as assigned to the land proposed to be divided by the Yakima County assessor;
C. The names or recording numbers of all contiguous subdivisions or short subdivisions;
D. Lot corners and lines marking the division of the land into four or less lots;
E. Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;
F. Location of any roads, rights-of-way or easements proposed to serve the short plat with a clear designation of their purpose and nature, including whether they will be private or dedicated public roads, rights-of-way or easements:
1. Right-of-way for public roads of a minimum width of 50 feet shall be dedicated if the short subdivision contains two or more lots which are contiguous to:
a. An existing subdivision where partial street right-of-way has been dedicated, or
b. An existing partial right-of-way deeded for public road purposes, or
c. A location where an ordinance, or long-range road program, or comprehensive plan indicates the need for a future road or street,
2. Right-of-way for all private roads, whether existing or proposed, shall be of a width to be determined by the administrator, of not less than 30 feet nor more than that required for regular plats;
G. North arrow and scale;
H. The acknowledged signatures of all fee simple owners and other parties having an interest in the lands being subdivided, as well as the acknowledged signatures of all owners of property over which access or utility easements pass, unless such easements are previously or simultaneously recorded by separate instrument in the county auditor’s office, certifying the following:
1. In the case of a short subdivision not containing a dedication:
a. A full and correct legal description of the land to be divided as it appears on the short plat;
b. A statement of free consent to substantially the following form, the reference to easements to be omitted where not applicable:
Know all men by these presents that the undersigned are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do hereby grant and reserve the easements as shown hereon for the uses indicated hereon.
_____________________________
(Name)
_____________________________
(Name)
2. In the case of a short subdivision containing a required dedication:
a. A full and correct legal description of the land to be divided as it appears on the short plat;
b. A statement of free consent and waiver of claims for damages in substantially the following form:
DEDICATION AND WAIVER OF CLAIMS
Know all men by these presents that the undersigned are the owners and all other parties having any interest in the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate these roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Toppenish, and any other governmental authority, which may be occasioned to the land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby grant and reserve the easements as shown hereon for the uses indicated.
_____________________________
(Name)
_____________________________
(Name)
3. If an offer to dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite such waiver;
I. A certificate by a surveyor certifying to the accuracy of the survey and short plat in substantially the following form:
I, the undersigned, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.
________________________________ Surveyor’s Signature, Seal and Number
Dated this ____ day of ____, 19___.
J. County treasurer’s office certificate in substantially the following form:
I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid.
Dated this ____ day of ____, 19___.
By:___________________________
Yakima County Treasurer’s Office
K. If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:
The property described hereon is wholly, or in part, within the boundaries of the ______________ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.
By:______________________________
Signature and title
Dated this ____ day of ____, 19___.
L. Spaces for approval by the administrator, director of public works and fire chief. (Ord. 86-26 § 2, 1986).
16.12.030 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat.
The subdivider shall, if approved by the administrator as an alternative to actual construction of required improvements, provide a surety bond, or other secure method approved by the city, according to the procedure outlined in TMC 16.16.105. (Ord. 86-26 § 2, 1986).
16.12.035 Notification.
Upon receipt of the short plat, the administrator shall notify by mail all adjacent property owners as shown by the records in the Yakima County assessor’s office, at least 10 days prior to reaching a decision on the short plat. (Ord. 86-26 § 2, 1986).
16.12.040 Determination.
The administrator shall, after conferring with appropriate officials, determine within 30 days after submission of the short plat, unless the applicant consents to an extension, whether the short plat should be approved, disapproved or returned to the applicant for changes in light of the following criteria requirements:
A. The proposed short subdivision conforms to the comprehensive plan and zoning requirements;
B. The parcels in the proposed short subdivisions are provided access from an existing or proposed (in the plat) dedicated public right-of-way of sufficient width, in conformance with any city comprehensive street plan;
C. The proposed short subdivision meets the requirements of this chapter;
D. The public use and interest will be served by permitting the proposed division of land. (Ord. 86-26 § 2, 1986).
16.12.050 Approval of short subdivisions – Filing.
A. The administrator shall, after determining that the requirements of this chapter have been met and that the short plat has been signed by all proper individuals, approve the short plat by signing on the face of the short plat.
B. Each short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor, and shall not be deemed approved until so filed. The subdivider shall be responsible for payment of all filing fees. (Ord. 86-26 § 2, 1986).
16.12.055 Resubdivision restricted.
No lot within a recorded short plat shall be further divided within a period of five years from the date of recording of the short plat, unless a final plat has been approved and filed for record. (Ord. 86-26 § 2, 1986).
16.12.060 Short plat amended.
An approved and recorded short plat may be amended or vacated in whole, or in part, in a manner not involving a resubdivision by recording an amended short plat in accordance with the following provisions:
A. The amended short plat must comply with procedures and requirements of this chapter for original short plat approval.
B. The title of the amended short plat shall be:
Short Plat No. ______
Amended Short Plat No. ______.
C. The amended short plat shall show all of the land shown on the original short plat, shall show all deleted original lot lines as dashed lines, and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number of lots included in the original short plat.
E. Minor errors not involving a change in lot lines may be corrected by a surveyor upon approval of the administrator by recording an affidavit with the Yakima County auditor specifically referencing the short plat by number and describing the correction. (Ord. 86-26 § 2, 1986).
16.12.065 Short subdivisions – Variances.
A. The planning commission may grant, after a public hearing, a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of this chapter, or the application of such provisions as a requirement is impractical or undesirable in a specific instance. The planning commission shall only grant variances that it deems necessary, or which it finds desirable from the standpoint of public interest.
B. In considering a variance request, the planning commission shall take into account: (1) the nature of the proposed use of the land and the existing use of land in the vicinity; (2) the number of persons to reside or work in the proposed subdivisions; and (3) the probable effects of the proposed short subdivision upon conditions in the vicinity.
C. No variance shall be granted unless the planning commission finds the following:
1. That there are such special circumstances or conditions affecting such property that the strict application of the provisions of this chapter would clearly be impractical, unreasonable, or undesirable to the general public. In such case, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved and submit them to the planning commission;
2. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated;
3. That such variance will not have the effect of nullifying the intent and purpose of this title or other ordinances or the comprehensive plan of the city.
D. The planning commission shall include in its official minutes its findings and the specific reasons for its action.
E. The hearing procedure shall be set forth in Chapter 17.20 TMC for classification. (Ord. 86-26 § 2, 1986).
16.12.070 Short plat – Decision appeals.
Any decision may be appealed to the superior court of the county pursuant to RCW 58.17.180. (Ord. 86-26 § 2, 1986).