Chapter 17.16
SUBDIVISIONS

Sections:

17.16.010  General definition.

17.16.020  Authority.

17.16.030  Preliminary plat--Application procedure--Generally.

17.16.040  Preliminary plat--Preliminary consultation.

17.16.050  Preliminary plat--Application form and fee.

17.16.060  Preliminary plat--Map.

17.16.070  Preliminary plat--Written information.

17.16.080  Preliminary plat--Clerk responsibility.

17.16.090  Preliminary plat--Building official responsibility.

17.16.100  Preliminary plat--Planning commission responsibility.

17.16.110  Preliminary plat--Council responsibility.

17.16.120  Preliminary plat--Effective period of approval.

17.16.130  Construction of improvements.

17.16.140  Final plat--Application procedure--Generally.

17.16.150  Final plat--Application form and fee.

17.16.160  Final plat--Map.

17.16.170  Final plat--Written information.

17.16.180  Final plat--Clerk responsibility.

17.16.190  Final plat--Engineer responsibility.

17.16.200  Final plat--Council responsibility.

17.16.210  Final plat--Recordation.

17.16.220  Final plat--Effective period of approval.

17.16.010 General definition.

Divisions of land which shall be governed by this chapter are those in accordance with Sections 17.04.040 and 17.04.050 and which contain five or more lots and/or dedication of land, new streets or roads, extension of municipal facilities and/or the creation of any municipal improvements shall be known as subdivisions.  (Ord. 134-B §4.201, 1982)

17.16.020 Authority.

The town clerk is responsible for receiving the subdivision application and transmitting that information to the town building official.  The building official is responsible for reviewing the application, ensuring that all required information is present, and transmitting it to the planning commission.  The town engineer, who is appointed by the mayor, is responsible for providing specifications for improvements, construction inspection, and approval of the final plat.  The planning commission is responsible for reviewing and making recommendations on all subdivisions to the town council.  The town council is responsible for making all final decisions on subdivision applications.  (Ord. 134-B §4.202, 1982)

17.16.030 Preliminary plat--Application procedure--Generally.

A.  The purpose of Sections 17.16.040 through 17.16.120 is to set the information requirements necessary for the building official, town engineer, planning commission and town council to evaluate a proposed project.  Final decision on the preliminary plat by the town council shall be made within ninety days of the date of the application.

B.  The preliminary plat shall be the basis for the approval or disapproval of the general layout of the subdivision.  Therefore the planning commission and the town council should make any changes, additions or conditions in the site plan, or in the requirements, during the preliminary plat review.  (Ord. 134-B §4.203(part), 1982)

17.16.040 Preliminary plat--Preliminary consultation.

Applicant, or his representative, before preparation of the preliminary plat, may consult with the planning commission and other town officials as necessary, to determine subdivision, zoning, and comprehensive plan requirements.  (Ord. 134-B §4.203(a), 1982)

17.16.050 Preliminary plat--Application form and fee.

Application shall be made to the town clerk together with payment of a fee as provided in Section 17.28.060 and providing information required in Sections 17.12.060 and 17.12.070.  An application form shall be available from the town clerk and shall contain the following information:  name, address and phone number of the applicant; legal owner of the parcel; legal description of the parcel; zoning classification and the date of the application.  (Ord. 134-B §4.203(b), 1982)

17.16.060 Preliminary plat--Map.

Eight copies of the preliminary plat giving the information set out in this section shall be provided.  A scale of one hundred feet to the inch shall be used.

A.  Tentative plan:  a map showing property boundaries; lots and blocks with numbers; existing monuments of record; location, width, and name of all existing and proposed streets, sidewalks, easements, and rights-of-way within or adjacent to the proposed plat; location of significant physical features such as building, water bodies, power lines and section lines within or adjacent to the proposed plat; contours with intervals of five feet; northpoint, scale and date; name of owner or authorized person; the engineer or surveyor preparing the map(s); and the name of the proposed subdivision.

B.  Utilities:  location and sizes of proposed and existing utilities, including sewer and water, fire hydrants, storefronts, electricity and communication lines.

C.  Hazards:  location of hazard areas as indicated on the town's hazard maps showing areas subject to flooding, landslides, wetlands, sinkholes or other hazards.

D.  Open spaces:  locations and square footages of open spaces, including common areas of open space, and existing buffers, screens and landscaped areas.  (Ord. 134-B §4.203(c), 1982)

17.16.070 Preliminary plat--Written information.

Written information required for a preliminary plat shall be as follows:

A.  Neighboring landowners:  names and addresses of fee simple owners of all lands within three hundred feet of the perimeters of the proposed plat, for use in sending out required notices.  If adjoining lands are owned by the same owner as the proposed plat, the three hundred feet shall start at the extremities of the land owned by this person.

B.  Ownerships:  ownerships of the property, covenants, restrictions, and collective maintenance agreements if applicable.

C.  SEPA checklist.  (Ord. 134-B §4.203(d), 1982)

17.16.080 Preliminary plat--Clerk responsibility.

A.  The town clerk shall ensure that all information is present from the applicant and shall prepare a separate file for each application.

B.  The town clerk shall then coordinate gathering the input from those persons whose expertise is needed in reviewing the proposed preliminary plat, such as the town planner, fire chief, superintendent of public works, public utility district and the police chief.  Such input shall be received, in writing, within fifteen days of the date of application.

C.  The town clerk shall schedule a public hearing before the planning commission.  Notices shall meet the requirements of RCW 58.17.090, and the costs of providing such notices shall be borne by the subdivider.  (Ord. 134-B §4.203(e), 1982)

17.16.090 Preliminary plat--Building official responsibility.

The building official is responsible for reviewing the application, and shall make sure it is complete, and shall then transmit it to the planning commission.  (Ord. 134-B §4.203(f), 1982)

17.16.100 Preliminary plat--Planning commission responsibility.

Planning commission responsibility shall be as follows:

A.  Conduct the public hearing which may be scheduled on the date of a regular planning commission meeting;

B.  They shall review the preliminary plat for conformance with Chapter 17.24, Minimum Standards.  Based on this review the planning commission shall, within thirty-five days of the date of the application, submit a recommendation, in writing with findings of fact, to the town council.  (Ord. 134-B §4.203(g), 1982)

17.16.110 Preliminary plat--Council responsibility.

A.  The town council is responsible for making all final decisions on the preliminary plat applications.

B.  Upon receipt of the recommendation from the planning commission the town council shall set a date for a public meeting where it may adopt or reject the planning commission recommendation.  If the town council requires substantial revisions or a change from the recommendations of the planning commission, the town council shall then set and conduct a public hearing and thereupon adopt its own recommendation and approve or disapprove the preliminary plat.

C.  In approving the plat the town council must make formal written findings of fact that the proposed subdivision is in conformance with the current comprehensive plan and zoning ordinance.

D.  Approval or disapproval of the preliminary plat shall be subject to RCW 58.17.100, 58.17.110 and 58.17.120.  (Ord. 134-B §4.203(h), 1982)

17.16.120 Preliminary plat--Effective period of approval.

Preliminary plat approval shall become void if a final plat is not submitted within three years, unless extended by the town council, who may give one twelve-month extension if the applicant has attempted in good faith to submit the final plat within the three-year period.  (Ord. 134-B §4.203(i), 1982)

17.16.130 Construction of improvements.

Following approval of the preliminary plat the subdivider shall:

A.  Contact the official designated by the mayor as the town engineer for specifications for improvements called for in Chapter 17.24, Minimum Standards;

B.  Prepare construction plans and specifications for the improvements required, and submit them to the town engineer for his verification that they conform to Chapter 17.24, Minimum Standards.  The town engineer shall have fifteen days to approve, conditionally approve, or disapprove the submitted plans;

C.  Furnish the town with a performance bond or similar instruments in the amount of one hundred twenty-five percent of the cost as estimated by the town engineer.  This performance bond shall be furnished to the town to cover all utilities and road improvements proposed for the subdivision;

D.  Complete improvements according to the approved plans and specifications within the effective period of preliminary plat approval per Section 17.16.120.  The town engineer shall make all inspections necessary to ensure that improvements are constructed according to plans and specification.  The town engineer has the authority to stop construction and to require immediate corrections if the work does not meet specifications.  The town engineer shall notify the town council of completion and compliance.  If applicable the performance bond may then be released;

E.  The subdivider shall reimburse the town for any inspection expenses, and upon completion of the improvements shall provide the town with as-built plans;

F.  A bond shall be provided by the subdivider securing the town the successful operations of the improvements for a period of two years after final approval.  (Ord. 134-B §4.204, 1982)

17.16.140 Final plat--Application procedure--Generally.

Following the completion of improvements, within the effective time period of preliminary plat approval, application may be made for final plat approval.  Per RCW 58.17.140 the town council shall, within thirty days of the application, approve, disapprove or return to the applicant the final plat.  (Ord. 134-B §4.205(part), 1982)

17.16.150 Final plat--Application form and fee.

Application shall be made to the town clerk together with the payment of a fee as provided in Section 17.28.060 and providing information required in Sections 17.16.160 and 17.16.170.  (Ord. 134-B §4.205(a), 1982)

17.16.160 Final plat--Map.

A reproducible plat with six copies, prepared by a licensed engineer or land surveyor, giving the information set out in this section, shall be provided.

A.  Final plan:  a map with boundary lines with accurate bearings and distances of the plat and lots thereof; northpoint and to a scale of one hundred feet to the inch; location, name and widths of all public rights-of-way and other features of the plat; plat name, lot and block numbers; centerline of all streets with bearings, distances and radii of curves; all dimensions along the lines of each lot; control points; and a vicinity sketch map at a scale of four hundred feet to the inch.

B.  Utilities and street profiles:  street, sewer and water profiles and a plan of all sewer and water lines (as-built), including “T's” and other intersections submitted on separate sheets.  (Ord. 134-B §4.205(b), 1982)

17.16.170 Final plat--Written information.

Written information required for the final plat application shall be as follows:

A.  Current title report;

B.  Certification from the county treasurer that all taxes have been paid;

C.  Bond for successful operations of improvements per Section 17.16.200;

D.  Copy of restrictive covenants, if applicable;

E.  Surveyor's certificate;

F.  Dedications and acknowledgements;

G.  Forms for signature of approval by the chairman of the planning commission, town engineer and mayor;

H.  A form for the county auditor's recording certificate.  (Ord. 134-B §4.205(c), 1982)

17.16.180 Final plat--Clerk responsibility.

The town clerk shall ensure that all required information is present and shall transmit file to the town engineer for his review.  (Ord. 134-B §4.205(d), 1982)

17.16.190 Final plat--Engineer responsibility.

The town engineer shall review the final plat and report on the following within ten days of the date of the final plat application:

A.  The proposed final plat bears the required certificates and statements of approval;

B.  The title report confirms the title of the land and the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

C.  That the facilities and improvements required to be provided by the subdivider meet the specifications of the town and have been satisfactorily completed;

D.  The proposed final plat has been signed by the registered land surveyor or engineer responsible for the plat.  (Ord. 134-B §4.205(e), 1982)

17.16.200 Final plat--Council responsibility.

Upon review by the town engineer the application shall be forwarded to the town council for its determination at its next regularly scheduled meeting, and within the thirty-day time limit for a decision.

A.  If the town council finds that the proposed final plat makes appropriate provisions for the public health, safety, general welfare and for such open spaces, drainage ways, streets, alleys and other public ways, water supplies and sanitary sewers; that the public use and interest will be served by the platting of such subdivision; and that it conforms to laws and regulations in effect at the time of the preliminary plat approval (RCW 58.17.170) then it shall approve.

B.  If the town council finds that the proposed final plat does not make such appropriate provisions and that the public use and interest will not be served, then the town council may disapprove or return to the applicant the proposed final plat.

C.  Acceptance of the final plat shall be completed by the signatures of the planning commission chairman, the town engineer, the town clerk and the mayor.  (Ord. 134-B §4.205(f), 1982)

17.16.210 Final plat--Recordation.

Upon approval and signing by the public officials, it is the responsibility of the applicant to have the final plat recorded by the county auditor, to pay filing fees, and to return a copy to the town clerk with a completed recording certificate.  (Ord. 134-B §4.205(g), 1982)

17.16.220 Final plat--Effective period of approval.

A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(l) and (3) for a period of five years after final plat approval unless the town council finds that a change in conditions creates a serious threat to the public health and safety in the subdivision.  (Ord. 134-B §4.205(h), 1982)