Chapter 16.12
SUBDIVISION—PRELIMINARY PLAT
Sections:
16.12.010 Type of application and procedures.
16.12.020 Preapplication conference.
16.12.030 Requirements for a completed application.
16.12.040 Distribution of application.
16.12.060 Criteria for recommendation.
16.12.070 City council consideration.
16.12.080 Effective period of preliminary plat approval.
16.12.090 Agreements to transfer land conditioned on final plat approval—Authorization.
16.12.010 Type of application and procedures.
A. A preliminary plat is a type IVA permit application as set forth in Title 19 of the Bridgeport Municipal Code (BMC) and shall be submitted and processed according to procedures therein except that the notice of final decision shall be issued within ninety days after the city notifies an applicant that the application is complete unless the applicant consents to an extension of such time period; 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. The planning commission holds an open record public hearing pursuant to Chapter 19.05 BMC after proper notice is given as set forth in Chapter 19.03 BMC. Subsequently, the planning commission makes a recommendation to the city council. Such recommendation shall be submitted to the city council not later than fourteen days following action by the planning commission. The city council makes a final closed record decision pursuant to Chapter 19.06 BMC which is appealable to Douglas County superior court.
B. Any additional project permit applications that are required by the city for the proposed subdivisions may be submitted as specified in Section 19.01.020(B) BMC.
C. If hearings are required by other agencies, the administrator may combine them as set forth in Section 19.01.040 BMC. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.020 Preapplication conference.
A preapplication conference is required as set forth in Section 19.02.010. (Ord. 493 (part), 1998)
16.12.030 Requirements for a completed application.
Any person desiring to subdivide land in the city shall submit a complete application for preliminary plat approval to the plat administrator in accordance with Chapter 19.02, BMC. In addition to those items required in Chapter 19.02, BMC, the application shall include:
A. Six copies of the preliminary plat and vicinity map containing items specified in subsection (J);
B. Six copies of proposed specifications for roads, utilities and other proposed improvements to be constructed on the subdivision in conformance with pertinent city ordinances including those codified in Chapter 16.28 of this title. Title 12 and Title 14, along with a cost estimate of the proposed improvements to be constructed on the subdivision;
C. A completed environmental checklist that includes information as to whether critical areas exist on or near the property to be subdivided;
D. Two copies of protective or restrictive covenants if such are contemplated;
E. Current research describing all existing easements or other existing restrictions on or immediately adjacent to the proposed subdivision;
F. A title certificate consisting of a report showing all parties having any full or partial interest(s) in the property to be subdivided including their address and telephone number;
G. Names and addresses of all property owners within three hundred feet of the boundaries of the property as recorded in the records of the Douglas County assessor;
H. A petition for each variance from the provisions of this title which is anticipated by the applicant;
I. A nonrefundable preliminary plat fee as provided in Section 16.04.060;
J. A preliminary plat prepared by a registered land surveyor using acceptable drafting standards. The preliminary plat shall consist of one or more sheets drawn to a scale of one inch equals one hundred feet or a comparable scale appropriate to the illustration of required detail. The document shall be submitted in such form that when the maps and written data are considered together they fully and clearly disclose the following information:
1. The suggested name of the proposed subdivision subject to the requirements set forth in Section 16.28.020,
2. The legal description of land contained within the proposed subdivision, as recorded in the records of the Douglas County auditor,
3. The name, address and telephone number of the subdivider,
4. The name, address, telephone number and seal of the registered land surveyor who prepared the preliminary plat document,
5. The boundary lines of the proposed subdivision and all land immediately adjacent extending one hundred feet in all directions for the proposed plat perimeter,
6. All adjacent land owned by the applicant on which future applications may be submitted, together with general information as to the location and estimated extent of each additional plat which may be submitted,
7. The boundaries, approximate dimensions and sizes in square feet (acres when one or more) of all lots and parcels within the proposed subdivision, together with the numbers to be assigned to each lot,
8. The suggested location and, where ascertainable, sizes of all existing streets, alleys, roads and easements within the proposed subdivision and location of adjacent and adjoining platted areas and subdivisions showing relationships and match to all connection streets, right-of-way, utilities and easements,
9. The location and, where ascertainable, sizes of all permanent buildings, walls, watercourses, bodies of water (indicating the high water mark and top of the bank), all overhead and underground utilities, municipal boundaries, sidewalks, section lines, township lines and other important features existing upon, over or under the land proposed to be subdivided,
10. Location of existing monuments, markers and boundary lines of the tract to be subdivided,
11. Contour lines of at least five-foot intervals or sufficient intervals to show the topography of the land to be subdivided reference to mean sea level datum of the National Ocean Survey (USC and GS),
12. Tentative percent of grades of proposed roads, street, alleys and easements,
13. Generalized plans of proposed water distribution systems or shoreline modifications indicating location,
14. Layout of proposed streets, roads, alleys, buffer zones, no-build areas, parcels proposed to be dedicated and other proposed elements together with areas proposed to be dedicated or reserved for public or community school, park, playground or other uses,
15. Location of existing and proposed utility services shall be noted upon the face of the preliminary plat and/or shown upon the plat layout in such a manner that clearly indicates the distribution of each such utility system,
16. Should the application involve the redivision of any or all of the existing platted area, the original plat shall be shown with dotted lines in their proper relationship with the new arrangements to the proposed plat,
17. Minimum building set-back lines as indicated in Title 17, BMC,
18. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by Chapter 58.17.310 RCW,
19. If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary plat. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.040 Distribution of application.
Copies of the application shall be distributed and reviewed according to Section 19.02.050; however, preliminary plat applications shall always be transmitted to the following agencies:
A. Douglas County transportation and land services;
B. Chelan-Douglas County health district;
C. City consulting engineer;
D. Superintendent of the school district;
E. County assessor;
F. Public utility district.
(Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.050 Plat review.
Where indicated, the following reports shall be submitted to the planning commission for consideration and shall be attached to and made a part of the planning commission’s report for transmittal to the city council:
A. Plat Administrator. The plat administrator or his/her designee shall submit a report which shall include, but not be limited to, whether the proposed subdivision follows all zoning regulations, critical areas regulations, development standards, ordinances, the comprehensive plan and documents submitted pursuant to the State Environmental Policy Act (SEPA).
B. Public Works Superintendent. The public works superintendent shall submit recommendations regarding the proposal’s effects on all public works under his/her jurisdiction and shall consult with the city’s consulting engineer to develop recommendations as to the engineering adequacy of the proposed subdivision including, but not limited to:
1. The proposed street system, sewage disposal system, storm sewer system and water supply system;
2. Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to insure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the planning commission’s report for transmittal to the city council;
3. Improvements required pursuant to this title;
4. Any easements required.
C. City Fire Chief. The city fire chief shall submit a report on:
1. The adequacy of access for emergency vehicles;
2. Location of the fire hydrants and adequacy thereof;
3. Adequacy of water supply for fire protection purposes;
4. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.
D. Chelan-Douglas Health District. The Chelan-Douglas health district shall be requested to submit a report on matters related to the proposed subdivision and which may affect the public health. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.060 Criteria for recommendation.
If the planning commission finds the items set forth in this subsection are met, then the preliminary plat shall be approved. If the planning commission finds that the criteria set forth herein is not met, it may recommend conditioning or denial of the proposed preliminary plat.
A. The planning commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, sidewalks and other planning features for students to safely walk to and from school, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, sites for schools and school grounds and shall consider all other relevant facts and determine whether the public use and interest will be served by the subdivision and dedication.
B. The planning commission may carefully inspect the site and shall determine if the proposed subdivision conforms to the comprehensive plan, the shoreline master program and the critical areas ordinance.
C. The planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of a proposed plat because of potential flood, inundation or swamp conditions.
D. The planning commission shall review the development standards as set out in Chapter 16.28 to determine whether those standards are met by the proposal.
E. Dedication of land to the city, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 and in accord with Title 18 BMC may be required as a condition of subdivision approval. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.070 City council consideration.
A. The city council shall consider the same factors and criteria as reviewed by the planning commission in making its decision on the proposed preliminary plat.
B. If, after considering the matter at a public meeting in the form of a closed record decision hearing in accordance with Section 19.06.050, BMC, the city council deems a change in the planning commission’s recommendation approving or disapproving any preliminary plat is necessary, the council shall adopt its own recommendations and approve or disapprove the preliminary plat. The city council may adopt all or part of the planning commission’s findings or make separate findings to support its decision.
Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the city and shall be open to public inspection.
C. Dedication of land and/or the construction of improvements may be required as a condition of subdivision approval. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the city as a condition of approval. The city council shall not, as a condition of the approval of any plat, require a release from damages to be procured from other property owners.
D. Approval of the preliminary plat by the city council shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with the council’s decision, state law and this title. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.080 Effective period of preliminary plat approval.
A. Preliminary plat approval shall be effective for five years following final action by the city council. A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within five years of the date of preliminary plat approval.
B. An applicant who files a written request with the city council at least thirty days before the expiration of this five-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period.
C. Application for additional one-year extensions must be made in writing thirty days before the expiration of the existing extension, may be granted at the discretion of the council, may be conditioned upon further review by the city council and may contain additional or altered conditions and requirements. Such changes may be made at a public meeting of the council. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.12.090 Agreements to transfer land conditioned on final plat approval—Authorization.
If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this title, the offer or agreement does not violate any provisions 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 disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)