Chapter 16.08 PROCEDURE

Any person desiring to subdivide land in an unincorporated area of the county shall submit an application to the building and planning department. The application shall be accompanied by a filing fee for each lot of the subdivision:

A. All fees and charges associated with this title are to cover reasonable administrative costs only and shall be set in the building and planning departments master fee schedule and established by resolution by the board.

B. Subdivision fee rates shall be adjusted periodically to reflect changes in administrative costs. Such adjustments shall only become effective upon adoption by the board of a modification to the building and planning master fee schedule; provided, that the master fee schedule may contain a provision for automatic revision of fees no more often than annually to reflect the varying changes in administrative costs. (Ord. O-01-24 § 1 (Exh. A); Ord. O-05-23 § 1; Ord. 77-3 § 5)

16.08.020 Plats and plans required.

All applications for a preliminary plat shall include:

A. Completed application signed by all owners of record;

B. Two copies of a preliminary plat and two copies of plans, profiles and specifications for streets, utilities and other proposed improvements to be constructed in the proposed subdivision. One copy of each shall be provided in digital format. Plans and profiles shall be drawn to scale; digital copies shall be in PDF format;

C. A title insurance report furnished by the subdivider (current within thirty days as provided by a licensed title company) showing all owner(s);

D. Completed (environmental) SEPA checklist; and

E. Addressed envelopes for all property owners within three hundred feet of the boundaries of the proposed subdivision, per the records of the assessor. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 6)

16.08.025 Standards.

Every preliminary plat shall consist of one or more maps, the horizontal scale of which shall be one hundred feet to the inch or less, and the vertical scale of which, for street and sewer profiles, shall be twenty feet to the inch or as approved by the county engineer, together with written data in such form that when the maps and written data are considered together they shall fully and clearly disclose the following information:

A. The name of the proposed subdivision;

B. The legal description of the land contained within the subdivision;

C. The names of all persons, firms, and corporations holding interests in the said land;

D. The name, address, email address, and seal of the registered land surveyor who made, or under whose supervision was made, a survey of the proposed subdivision;

E. The date of the said survey;

F. The boundary lines of the proposed subdivision;

G. All existing monuments and markers;

H. The boundaries of all blocks and lots within the proposed subdivision, together with the numbers proposed to be assigned each lot and block;

I. The location, names and width of all existing streets, roads and easements within the proposed subdivision and adjacent thereto;

J. The location and, where ascertainable, sizes of all permanent buildings, wells, water courses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided;

K. Contour lines of sufficient intervals to show the topography of the land to be subdivided referenced to either the United States Coast and Geodetic Survey datum, county datum, or other datum acceptable to the county engineer;

L. A layout of proposed roads, alleys, utility mains, and parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;

M. Plans of proposed water distribution systems, sewage disposal systems and drainage systems, indicating locations;

N. A sketch of the general vicinity in which the land proposed for subdivision lies, upon which are identified owners of land adjacent to the subdivision and the names of any adjacent subdivisions;

O. A copy of all restrictive covenants proposed to be imposed upon land within the subdivision;

P. In subdivisions proposed to be served by individual septic tanks, the location of soil log holes together with data regarding percolation rates. (Ord. O-01-24 § 1 (Exh. A))

16.08.030 Adequacy and distribution of plats and plans.

If the county building and planning director determines that the preliminary plat contains sufficient elements and data to complete a review, the county building and planning director shall assign a file number and date of receipt to the application and promptly forward all copies of the plans, profiles and specifications of roads, utilities, and other proposed improvements to the county engineer. The county building and planning director shall promptly forward copies of the preliminary plat to the county engineer, public works director, county health officer, fire protection official, superintendent of schools, county assessor, and all other agencies with a direct interest in an area to be platted, including the conservation district, the irrigation district, the Bureau of Reclamation, State Department of Transportation, and utility providers. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 7)

16.08.035 Notice of application.

When a complete preliminary subdivision application has been accepted, the county building and planning director shall give notice of the application and open a period for public comment as follows. The notice of application may be combined with other required notices such as the notice of public hearing when feasible.

A. Provide adequate notice to the following:

1. By mail to every owner of property, whose name appears as such on the records of the county assessor, situated within three hundred feet of the boundaries of the proposed subdivision;

2. By mail or email to the legislative authority of any city or town adjacent to or within one mile of the proposed subdivision, or the public utilities of which are contemplated for use in the proposed subdivision;

3. By email to the Washington State Department of Transportation if the proposed subdivision is adjacent to the right-of-way of any state highway.

B. By arranging for publication of a notice of the hearing in the official county newspaper.

C. By arranging for the posting of three copies of a notice of the hearing at conspicuous places on the boundaries of the proposed subdivision.

D. By notifying the irrigation district when land is within any such district boundaries.

E. By notifying the Adams County conservation district.

F. By accepting public and agency comments for a period of at least fourteen days following the issue date of the notice. (Ord. O-01-24 § 1 (Exh. A))

16.08.038 Review by staff.

A. The county building and planning director or designee shall prepare a staff report and provide a recommendation based on the following criteria:

1. The proposed full subdivision conforms to:

a. The Adams County comprehensive plan;

b. All applicable zoning and development standards;

c. All applicable critical areas regulations;

d. Any other applicable codes, ordinances, standards, policies or plans adopted by the county.

2. Whether adequate provisions have been made for utilities and other public services necessary to serve the needs of the proposed full subdivision including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers (where required), parks, playgrounds, schools, sidewalks, trails and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds.

3. Whether identified environmental impacts of the proposed full subdivision, together with any practical means mitigating adverse impacts, have been considered so that the proposal will not have an unacceptable adverse effect upon the quality of the environment.

4. Whether approval of the full subdivision will serve the public use and interest.

B. The county engineer or designee shall verify the following:

1. The adequacy of survey information and legal description;

2. General requirements in respect to surrounding development, topography, and road system configuration;

3. Access and need for public or private right-of-way;

4. Utility, drainage or road related easements;

5. Drainage and flood protection requirements;

6. Private and public road requirements.

C. In the event corrections to any application materials are required, staff shall provide comments to the applicant in a timely manner. The applicant shall have ninety days to respond to staff comments, and may request one extension of ninety days. If after the initial ninety days the applicant has not responded with a resubmittal or a request for an extension, the application shall lapse. The applicant must reapply in order to continue processing.

D. The county shall provide 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.

E. The written findings of any staff review shall be provided to the planning commission for consideration at the public hearing. (Ord. O-01-24 § 1 (Exh. A))

16.08.040 Planning commission hearing date.

The county building and planning director shall set a date for a public hearing before the planning commission. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 8)

16.08.050 Notice of hearing.

Any notice of public hearing for a subdivision must comply with RCW 58.17.090. The county building and planning director shall give notices of the public hearing as follows:

A. Provide adequate notice in writing sent at least fourteen days in advance to the following:

1. Every owner of property, whose name appears as such on the records of the county assessor, situated within three hundred feet of the boundaries of the proposed subdivision;

2. The legislative authority of any city or town adjacent to or within one mile of the proposed subdivision, or the public utilities of which are contemplated for use in the proposed subdivision;

3. The Washington State Department of Transportation if the proposed subdivision is adjacent to the right-of-way of any state highway.

B. By arranging for publication of a notice of the hearing in the official county newspaper, to appear at least fourteen days prior to the hearing date.

C. By arranging for the posting of three copies of a notice of the hearing at conspicuous places on the boundaries of the proposed subdivision.

D. By notifying the county engineer, the county health officer, and the appropriate fire protection official.

E. By notifying the irrigation district when land is within said district boundaries.

F. By notifying the conservation district. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 9)

Article II. Hearing

16.08.060 Scope and continuance.

At the public hearing the planning commission shall consider all relevant evidence to determine whether to recommend that the preliminary plat be approved or disapproved by the board. Any hearing may be continued at the discretion of the planning commission, within the time limits allowed by law. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 10)

16.08.070 Road, sewer, water, and fire system recommendations.

The county engineer, the county health officer, and the appropriate fire protection official shall provide to the county building and planning director their respective recommendations as to the adequacy of the proposed road system, the proposed sewage disposal and water supply systems, and fire protection facilities within the subdivision. These recommendations shall accompany the staff’s report for the planning commission and board. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 11)

16.08.080 Appropriate facilities and improvements.

The planning commission shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys, and other public ways, water supplies, sanitary waste, parks, playgrounds, fire protection facilities, school sites and grounds and other public and private facilities and improvements including provisions for irrigation water on plats within irrigation districts. The findings and recommendations shall consider any requirements set forth in RCW Chapter 58.17. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 12)

16.08.090 Conformance to comprehensive plan.

The planning commission shall determine if the proposed subdivision conforms to the general purposes of the comprehensive plan and if the public use and interest will be served by the proposal. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 13)

16.08.100 Report to board.

Not later than fourteen days following the conclusion of the hearing, the planning commission shall submit its written report and recommendations to the board. The planning commission may recommend that the proposed plat be approved, conditionally approved, or disapproved. Conditions of approval shall be precisely recited in the planning commission’s report and shall include recommended protective improvements, if any. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 14)

16.08.110 Records.

Records of the planning commission hearings on preliminary plats shall be kept by the county building and planning director and shall be open to public inspection. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 15)

Article III. Board Action

16.08.120 Date.

Upon receipt of the planning commission’s recommendation the board shall set the date for the public meeting at which the board shall consider the recommendation. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 16)

16.08.130 Decision.

At the meeting scheduled for considering the preliminary plat the board shall, after reviewing the recommendations of the planning commission, the county engineer, the county health officer, the fire protection official, and any other relevant evidence presented to it, either approve the preliminary plat with or without conditions or deny the preliminary plat. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 17)

16.08.140 Time limitation for board decision.

Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing a complete application unless the applicant consents to an extension of such time period or the ninety-day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. (Ord. O-01-24 § 1 (Exh. A))

16.08.150 Records.

Records of the boards’ proceedings concerning a preliminary plat shall be kept by the clerk of the board and shall be open to public inspection. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 19)

Article IV. Preliminary Plat Approval

16.08.160 Authorization for subdivider.

Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with standards established by this title and any conditions imposed by the board. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 20)

16.08.170 Notice of decision.

Following action by the board approving or denying a preliminary plat, the county building and planning director shall notify the applicant and all parties of record of the board’s decision within five working days. The notice shall be accompanied by a copy of the decision, appeal options, and shall also inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved. (Ord. O-01-24 § 1 (Exh. A))

Article V. Final Plat

16.08.190 Timeline for final plat.

A complete application for final plat shall be submitted to the county for approval within five years of the date of preliminary plat approval. Final plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of submission of the complete application, unless the applicant consents to an extension of the time period. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 22)

16.08.195 Standards.

A. Every final plat shall consist of one or more pages, with one copy provided in digital (PDF) format for staff review, and a final physical copy for recording prepared in a manner acceptable to the county auditor. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be one hundred feet to one inch. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of three inches on the left side and one inch on the remaining sides. Each sheet of the final plat shall contain the subdivision’s name, the scale and the north point. All signatures affixed to a final plat shall be original signatures written in permanent black ink.

B. Every final plat shall include an accurate map of the subdivided land, based upon a complete survey thereof which meets the requirements of Chapter 16.24 and includes the following:

1. All section, township, municipal and county lines lying within or adjacent to the subdivision;

2. The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries;

3. The location of all permanent control monuments found and established within the subdivision;

4. The boundary of the subdivision with complete bearings and lineal dimensions;

5. The length and bearings of all straight lines; the radii, arcs and semi-tangents of all curves;

6. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;

7. The location, width, center line, and name or number of all streets within and adjoining the subdivision;

8. The location and width, shown with broken lines, and description of all easements;

9. Numbers assigned to all lots and blocks within the subdivision;

10. Names of owners of land adjacent to the subdivision, and the names of any adjacent subdivisions.

C. In addition to the map or maps, every final plat shall contain written data including:

1. The name of the subdivision;

2. The legal description of land contained within the subdivision;

3. A certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision in substantially the following language:

“I _____________, registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of _____, 20__, through _____, 20__; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.”

4. Spaces for certificates or approvals of the following officials or agencies:

a. County building and planning director;

b. County assessor;

c. County auditor;

d. County treasurer;

e. County health officer;

f. Irrigation district;

g. Utility provider;

5. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of the said land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 64. Formerly 16.08.230)

16.08.200 Administrative review.

A. Upon receipt of a final plat meeting the requirements in Section 16.08.195, the county building and planning director shall forward the submitted plat to the county engineer, and other departments, agencies, and utility providers as applicable, for review.

B. In addition, the county building and planning director shall verify that:

1. The final plat meets all standards established by state law and this title relating to final plats and all survey data in accordance with Chapter 16.24;

2. The proposed final plat bears the certificates and statements of approval required by this title;

3. A title insurance report furnished by the subdivider (current within thirty days as provided by a licensed title company) confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat’s certificate;

4. The facilities and improvements required to be provided by the subdivider have been completed, or alternatively, that the subdivider has filed with the auditor’s office a bond in a form and with sureties acceptable to the prosecuting attorney, and in an amount commensurate with improvements remaining to be completed securing to the county the construction and installation of the improvements within a fixed time set by the board. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 23)

16.08.210 Administrative action.

The county building and planning director shall approve, disapprove, or return to the applicant for modification or correction within thirty days of the complete submittal for a final plat. If the county building and planning director finds that the proposed final plat conforms to all terms of the preliminary plat approval and of this title, the county building and planning director shall sign their name noting their written approval on the face of the final plat. (Ord. O-01-24 § 1 (Exh. A))

16.08.220 Filing.

A. If the board approves the plat the county building and planning director shall forward one reproducible copy thereof to the county engineer and one paper copy to the county assessor and shall transmit the original to the county auditor for filing.

B. All final plats approved by the county building and planning director shall be filed for record in a timely manner by the subdivision applicant in the county auditor’s office. The subdivision applicant shall be responsible for all filing fees.

C. After recording, the applicant shall provide the county building and planning director with one paper copy and one electronic copy of the recorded final plat. (Ord. O-01-24 § 1 (Exh. A))