Chapter 16.36
PLAT ALTERATIONS
Sections:
16.36.030 Application submittal and contents.
16.36.010 Purpose.
The purpose of this chapter is to regulate the alteration of an existing land division or any portion thereof, except as provided for in Chapter 16.32 WMC, Boundary Line Adjustments. The procedures regulating plat alterations are established to promote orderly and efficient redivision of land on a small scale and to comply with the provisions of Chapter 58.17 RCW and all applicable comprehensive plan provisions and zoning and land use codes and ordinances as adopted by the town of Waterville. (Ord. 612 § 1, 2001).
16.36.020 Scope.
A. The following actions shall be plat alterations, as provided for under this chapter, provided the action is proposed only where the subject property is wholly contained within a single, existing short subdivision or major subdivision, and where there is no increase in the total number of lots contained within the existing land division:
1. Any alteration, re-orientation and/or reconfiguration of existing platted lots, except as provided for in Chapter 16.32 WMC, Boundary Line Adjustments;
2. To permanently consolidate previously platted lots under single ownership into three or more lots, provided the subject property is wholly contained within a single, existing short subdivision or major subdivision;
3. To permanently consolidate previously platted lots under single ownership where two adjacent parcels have already been created within the last five years.
B. Any questions as to the applicability of this chapter shall be resolved in favor of utilizing the short subdivision or major subdivision process as opposed to using the process outlined herein. (Ord. 612 § 1, 2001).
16.36.030 Application submittal and contents.
Applications for plat alterations shall be made on forms provided by the town and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by WMC Title 14, the following information shall be submitted:
A. The legal description(s) of the entire property together with an indication of those parcels affected by the proposed alteration;
B. All parcel numbers of affected lots;
C. The location of the property as to quarter/quarter section;
D. The existing zoning district(s) within which each parcel is situated;
E. Five copies of a legible, scaled drawing showing the following:
1. The proposed lines for all affected lots, indicated by bold solid lines;
2. The existing lot lines proposed to be changed, indicated by light broken lines;
3. All boundary lines shall be referenced with proper bearings and distances;
4. The location and dimensions of all structures/improvements existing upon the affected lots, including any existing on-site septic systems, and the distance between each such structure/improvements and the proposed lot/ boundary lines, with structures proposed to be removed from the site depicted with broken lines and structures to remain on the site depicted with solid lines;
5. A north arrow and scale;
6. The location and dimensions of any easements within or adjacent to any affected lots;
7. The location, right-of-way widths, pavement widths and names of all existing or platted streets, whether public or private, and other public ways within or adjacent to the affected lots;
8. The area and dimensions of each lot following the proposed adjustment;
9. The location of all existing and proposed water, sewer and storm drainage facilities;
F. For proposals including complex drawings or property descriptions, the director may require the drawing be done by a licensed land surveyor, in which case the surveyor’s certificate and all certificates and other information as may be required shall be included;
G. The notarized signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject land division or portion to be altered;
H. If the land division is subject to restrictive covenants which were filed in conjunction with the land division, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the land division or portion thereof; and
I. Any other information as deemed necessary to clarify or complete the application shall be included. (Ord. 612 § 1, 2001).
16.36.040 Review process.
A. Applications for a plat alteration shall be processed according to the procedures set forth in WMC Title 14 for “quasi-judicial review.”
B. The administrator shall solicit comments on the proposed plat alteration from the public works superintendent, fire chief or designee, local utility providers, police chief, building official/inspector, school district, adjacent jurisdictions, if the proposal is within one mile of another town or jurisdiction, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.
C. Based on comments from town departments and applicable agencies and other information, the hearing examiner shall review the application subject to the criteria of WMC 16.16.060. A proposed plat alteration shall only be approved when consistent with all applicable provisions of the WMC and all other applicable town rules, regulations, ordinances, policies and plans. (Ord. 612 § 1, 2001).
16.36.050 Approval criteria.
A. The criteria described in WMC 16.16.060, Approval criteria, are the minimum measures by which all proposed plat alterations will be considered. Proposed plat alterations shall be given approval, including approval subject to conditions, upon written finding by the hearing examiner, pursuant to WMC Title 14, that all of the items in WMC 16.16.060 have been satisfied, including the requirements for public improvements, and that the public use and interest in the proposed plat alteration are served.
B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed plat alteration may be denied because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. Where any portion of the proposed plat alteration lies within a flood control zone, as specified by Chapter 86.16 RCW, the town shall not approve the plat alteration without prior written approval of the Washington Department of Ecology. In such cases, no development permit associated with the proposed plat alteration shall be issued by the town until flood control problems have been resolved.
C. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 36.70A.070(6)(b) as now adopted and hereafter amended, a proposed plat alteration shall be denied if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. (Ord. 612 § 1, 2001).
16.36.060 Recording.
A. When conditions of approval of a proposed plat alteration include public improvements, said improvement shall be in place or bonded for as provided in WMC Title 19, Development Standards.
B. After approval of the alteration, the applicant shall submit a revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor, which complies with the applicable portions of WMC 16.28.010 and 16.28.020.
C. The approved, original drawing shall be taken by the town to the county auditor for filing, along with the appropriate filing/recording fee that is to be paid for by the applicant.
D. If the final documents are not submitted to the town for recording pursuant to this chapter within one year of the notice of approval, the plat alteration shall automatically become null and void. No extensions shall be granted. The town shall not be responsible for notifying the applicant of an impending plat alteration expiration.
E. A plat alteration does not become effective until it has been recorded with the county auditor, and no building or other site development permits shall be acted upon until the recorded plat has been returned to the town. (Ord. 612 § 1, 2001).