Chapter 16.12
SHORT PLATS AND SHORT SUBDIVISIONS
Sections:
16.12.020 Preliminary consideration.
16.12.030 Application—Preparation.
16.12.040 Application—Content—Fees.
16.12.050 Administrative review.
16.12.060 Distribution to Okanogan County health department
16.12.070 Administrator responsibility.
16.12.080 Administrator action.
16.12.090 Improvements and dedication of land in short subdivisions.
16.12.100 Short plat—Signature and recording.
16.12.120 Resubdivision limitation.
16.12.130 Alteration or vacation.
16.12.160 Payment of services.
16.12.010 Purpose.
The purpose of this chapter is to regulate the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the city of Brewster. It is further the purpose of this chapter to set forth procedures for administrative approval and filing of short plats, short subdivisions or alteration and vacation thereof. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.020 Preliminary consideration.
Prior to the preparation of the short plat, the applicant may consult with the administrator and other city officials as necessary to determine subdivision, zoning, and other requirements. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.030 Application—Preparation.
Survey of the proposed short subdivision and preparation of the short plat shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the land actually surveyed. The surveyor shall comply with standards adopted by the Division of Engineering Services of the Washington State Department of Natural Resources pursuant to RCW 58.24.040 as now exists or as may be hereafter amended and to professional standards and practices. The survey shall be filed with the application as set forth in Section 16.12.040. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.040 Application—Content—Fees.
An application for a short subdivision shall consist of the following:
A. An application form completed and signed by the subdivider or authorized agent containing the following information:
1. Name, address and phone number of the applicant;
2. The name and address of the owner or owners of the proposed short subdivision;
3. A legal description for the tract and legal descriptions of all proposed lots;
4. Zoning classification;
5. The proposed source of water and means of sewage disposal;
6. When applicable, an environmental checklist or assessment in accordance with prevailing standards and procedures established under SEPA and associated guidelines;
7. A preliminary title report showing the names of anyone with an interest in the land being subdivided;
8. Stormwater design analysis;
9. A copy of any existing or proposed covenants; and
10. Date of application.
B. A legibly drawn representation of the short subdivision with dimensions of the parcel to be divided and the lot lines to be created in carrying out the short plat. To clearly show the necessary information, a larger drawing may be attached and referenced in the application form. Said application form shall contain but is not limited to the following information:
1. The names of any adjacent subdivisions;
2. Lines marking the original boundaries of the site and the proposed lots including all dimensions;
3. Dimensions, names and locations of existing and proposed streets or roads, sidewalks, alleys, rights-of-way, or public ways, or easements for such streets and right-of-ways within or adjacent to the tract;
4. Location of existing structures with respect to all property boundaries to determine compliance with zoning;
5. For lots bounded by water, the ordinary high water mark as defined by the Shoreline Management Act, RCW 90.58 as now exists or as may be hereafter amended and the city’s shoreline master program as now exists or as may be hereafter amended;
6. Location and sizes of existing utilities, including sewer and water, fire hydrants, storm drains, drainage ways, electricity and communication lines;
7. Location of areas subject to flooding, landsliding or other hazards and environmentally sensitive areas; and
8. Location of any transit stops, potable water supplies, sanitary waste facilities, parks and recreation amenities, playgrounds, schools and school grounds.
C. A nonrefundable application fee in the amount established by resolution of the city council effective at the time of filing the application shall accompany the short subdivision application. Additional fees for staff review or engineering services for review of shoreline permits, environmental impact statements, and short subdivisions shall be paid by the applicant prior to final short subdivision approval in accordance with the fees and charges established by city council resolution. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.050 Administrative review.
If the administrator determines that the short subdivision application contains sufficient elements and data to famish a basis for approval or disapproval, he shall notify the applicant who shall supply the administrator with a minimum of six copies of the short plat drawn in permanent black ink, on good quality mylar, sheet size eighteen inches by twenty-four inches at a scale no smaller than one inch equals one hundred feet or a comparable scale appropriate to the illustration of required detail and containing the items specified in Section 16.12.040B. Upon receipt of the mylar drawings the administrator shall affix a file number and date of receipt to the application, and distribute copies of the proposed short subdivision application to those agencies listed below which, in his/her judgment, should make a review:
A. City engineer;
B. Okanogan County health department;
C. Okanogan County assessor;
D. Public utility district;
E. City fire chief;
F. Washington State Department of Transportation (if subdivision abuts a state highway or within two miles of a state or municipal airport);
G. Other appropriate agencies.
The person or agency shall, within fifteen working days of the date of mailing or hand delivery of the application, return their written comments; otherwise, failure to respond will be interpreted as no concern with the subdivision. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.060 Distribution to Okanogan County health department
Copies of the complete application shall be promptly forwarded to the Okanogan County health department if the proposed lots will not be served by both city water and sewer.
The Okanogan County health department shall determine if the water and sanitary sewer disposal methods contemplated for use in the proposed short subdivision conform to prescribed standards and city ordinance requirements. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.070 Administrator responsibility.
Responsibility of the administrator for review prior to approval shall include, but not necessarily be limited to verification that:
A. The proposed streets, utilities and other improvements conform to current city standards as specified in this title.
B. The short plat—short subdivision is not in violation of the comprehensive plan, shoreline regulations, land use and zoning regulations as set forth in city ordinances and resolutions.
C. Adequate utility easements have been provided.
D. There is general conformance with the provisions of this title in substantive matters of engineering and design which are not specifically covered herein. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.080 Administrator action.
A. Within fifteen days of the receipt of application, the administrator shall make written findings in accordance with RCW 58.17.110 as presently enacted or as hereafter amended, to determine: (1) if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features, that assure safe walking conditions for students who walk to and from school; and (2) whether the public interest will be served by the short subdivision and dedication.
B. Within thirty days of receipt of the application the administrator shall notify the applicant of approval, conditional approval or denial of the application. If the application is denied, the applicant shall be notified in writing of the denial and the reasons for the denial.
C. If the applicant consents, an extension of the thirty-day review period can be made. The applicant must be notified of the reason(s) the extension is being requested. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.090 Improvements and dedication of land in short subdivisions.
The following are applicable to all short subdivisions:
A. Utilities.
1. The design of all utility improvements shall be certified by a licensed professional engineer, registered in the state of Washington.
B. Public Street Rights-of-Way. Dedication or deeding to the city of such right-of-way as may be consistent with adopted city standards for public streets, or a portion thereof, shall be required within or along the boundaries of the short subdivision, under the following circumstances:
1. Where the city comprehensive plan indicates the necessity of a new right-of-way or portion thereof for street purposes; or
2. When there is less right-of-way than required from the centerline of the street to the property line; or
3. Where necessary to extend or complete an existing public street; or
4. Where necessary to provide future access to other properties.
C. Paving and Curbing of Streets. Paving and curbing of streets shall be required under the following circumstances:
1. When new public right-of-way is deeded or dedicated; or
2. To develop an existing undeveloped or underdeveloped city right-of-way to city standards for public streets, when such right-of-way abuts the land for which short subdivision approval is sought.
D. Sidewalks. Sidewalks shall be required as designated in the city curb and sidewalk plan or pending the adoption of the city curb and sidewalk plan, as determined by the administrator based upon the recommendation of the city consulting engineer and as deemed necessary for the continuation of existing sidewalks in the area of the short subdivision.
E. Bonding for Improvements. In lieu of the completion of the actual construction of any required improvements prior to the approval of the short plat, the administrator may accept a bond or other reasonable equivalent guarantee approved by the city attorney, providing for and securing to the city the actual construction and installation of such improvements within a period specified by the administrator. In addition, the administrator may require a bond or other reasonable equivalent guarantee approved by the city attorney, securing to the city the successful operation of improvements for a period of up to two years after final approval of the short plat.
F. Survey—Monuments and Markers. All permanent monuments within the short subdivision shall be located and described, and all controlling corners on the boundaries of the short subdivision shall be marked by a three-quarter-inch galvanized iron pipe or approved equivalent driven into the ground. All monuments and markers shall be shown on the face of the plat. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.100 Short plat—Signature and recording.
A. If the application is either approved or conditionally approved, the applicant shall satisfy the necessary conditions, then submit the original of the short plat to the administrator.
B. A short plat map shall conform to the requirements of Sections 16.12.040 and 16.12.050 and any recording requirements of the Okanogan County auditor.
C. The short plat shall be accompanied by a title report confirming that the title of land is vested in the name of the owner(s) whose signature(s) appear(s) on the plat’s certificate or instrument of dedication.
D. The short plat shall show the following:
1. Notarized signature of all parties having an interest in the land agreeing to the division of property and the dedication of any rights-of-way, easements and other areas to be dedicated to the city.
2. Approval certificates as shown below:
a. Land surveyor’s certificate, in substantially the following language:
I, ___________________, registered as a land surveyor by the State of Washington, certify that this short plat is based on an actual survey and short subdivision of Section _____, Township ________ North, Range ____ E.W.M., conducted by me or under my supervision during the period of ____________, 19__, through ____________, 19__; that the distances, courses, angles, etc., are shown thereon correctly and that monuments (other than those approved for setting at a later date), have been set and block and lot corners staked on the ground as shown hereon.
Said certificates shall be accompanied by the signature of the surveyor under whose supervision the plat was made.
b. Auditor’s certificate:
Filed for record in the Auditor’s Office of Okanogan County, Washington, on the ________ day of ____________, 19__, at _____ __. m., at the request of __________and recorded in Book __ of Short Plats on Page ___ and in Official Volume ___ on Page ___.
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___________________ |
_______________ |
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Deputy County Auditor |
County Auditor |
c. Administrator’s certificate:
Short Plat No. _________ is hereby approved by and for the City of Brewster, Okanogan County, Washington.
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__________________ |
_______________ |
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Signature |
Date |
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__________________ |
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Title |
E. Upon compliance with this chapter, the administrator shall file the original with the Okanogan County auditor after payment by the applicant of the recording fees. The short subdivision is not a legal subdivision until it has been recorded with the auditor. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.110 Agreements to transfer land conditioned on the recording of the approved short plat—Authorization.
If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land prior to the recording of the approved short plat is expressly conditioned on the recording of the approved short plat containing the lot, tract or parcel under this title, the offer or agreement does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursements to sellers shall be permitted until the short plat is recorded. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.120 Resubdivision limitation.
Land within a short subdivision may not be further divided in any manner within a period of five years from the date of recording of a short plat with the Okanogan County auditor without the filing of a final plat in accordance with the provisions established in this title for subdivisions; provided, that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.130 Alteration or vacation.
A. Once a short plat has been recorded with the county auditor, it can be amended or vacated in whole or part in a manner not involving a resubdivision into more than four lots from the original short plat. All proposed alterations or vacations, whether a public dedication is involved or not, shall be processed in accordance with Chapter 58.17 RCW. The provisions of RCW 58.17 as they relate to plat vacations and alterations are adopted by reference as they now exist or as may be hereafter amended. If the proposed alteration or vacation does not involve a public dedication, the altered short plat shall be processed in accordance with the following provisions:
1. The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat;
2. The title of the altered short plat shall, be:
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Short Plat No. __________________ |
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Amending Short Plat No. _____________ |
3. The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate; and
4. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction.
B. If the proposed alteration or vacation involves a public dedication, the altered short plat shall be processed as provided in RCW 58.17.212 or 58.17.215 and RCW 58.17.218 as they now exist or as may be hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.140 Appeals
When a person feels aggrieved by a decision or interpretation of the administrator, he shall have the right to appeal said decision or interpretation in the following manner:
A. By notifying the administrator, in writing, within ten working days from the date of the administrator’s final written decision, of his desire to appeal an administrative decision, in which case, the administrator shall notify the city council of the appeal and the city council shall at its next public meeting set the date of a public hearing on the appeal. The city council shall provide their decision within sixty days of the date the applicant gives notice as specified above.
B. An appeal to the city council shall be accompanied by a receipt from the city treasurer verifying payment by the applicant of the appeal fees and charges established by resolution of the city council, which shall be applied to the costs of reviewing and publishing incidental to the appeal.
C. In reviewing a decision by the administrator, the city council may affirm, reverse, wholly or in part, or modify the decision of the administrator.
D. Any decision by the city council on appeal shall be reviewable pursuant to RCW 16.70C, the Land Use Petition Act, as it now exists or as may be hereafter amended. A land use petition shall be filed in the Okanogan County superior court within twenty-one days of the issuance of the city council’s decision. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.150 Variances.
The administrator may recommend to the city council variances from the requirements of this chapter, provided any variance granted shall be subject to such conditions as will assure that it will not constitute a grant of special privilege inconsistent with the limitations upon other subdivisions. The criteria and procedures for variance application processing shall be as set forth in Chapter 16.40 of this code as the same now exists or may be hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.12.160 Payment of services.
When deemed necessary, the city may retain outside consultants to evaluate any phase of plat review and construction; the cost of such services shall be borne by the subdivider who shall be billed for the actual cost to the city. (Ord. 626 § 2 (Exh. A) (part), 1995)