Chapter 16.20
SHORT SUBDIVISION
Sections:
16.20.020 Type of application and procedures.
16.20.030 Preliminary consideration.
16.20.040 Application—Preparation.
16.20.050 Application—Content.
16.20.060 Administrative review.
16.20.070 Plat administrator responsibility.
16.20.075 Findings and conclusions.
16.20.080 Plat administrator action.
16.20.090 Improvements and dedication of land.
16.20.100 Short plat—Signature and recording.
16.20.120 Resubdivision limitation.
16.20.130 Short plat amendment.
16.20.010 Purpose.
The purpose of this chapter is to regulate the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the city. 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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.020 Type of application and procedures.
A short subdivision is a Type IIB permit application as set forth in Title 19, and shall be processed according to procedures therein. The administrator makes the final decision on a short subdivision application which is appealable to Douglas County superior court. (Ord. 617B § 3, 2012: Ord. 493 (part), 1998)
16.20.030 Preliminary consideration.
Prior to the preparation of the short plat, the applicant may request a preapplication conference per Section 19.02.010, BMC, as currently exists or is hereafter amended, to consult with the plat administrator and other city officials as necessary to determine subdivision, zoning and other requirements. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.040 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 RCW, as now exists or as may hereafter be amended, and to professional standards and practices. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.050 Application—Content.
In addition to the requirements for a completed application as set forth in Section 19.02.020, an applicant for a short plat shall submit the following:
A. Included on the required application form the following additional information:
1. A legal description for the tract and legal descriptions of all proposed lots,
2. Zoning classification,
3. Evidence of ability to comply with water and sewer requirements of Title 12 BMC and 16.28 BMC as each now exists or may hereafter be amended,
4. When applicable, an environmental checklist or assessment in accordance with prevailing standards and procedures established under SEPA and associated guidelines,
5. A preliminary title report showing the names of anyone with an interest in the land being subdivided, and
6. Date of application;
B. 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 containing the following:
1. The names of any adjacent subdivisions,
2. Lines marking the original boundaries of the site and the proposed lot including all dimensions,
3. Dimensions, names and locations of existing and proposed streets, alleys, rights-of-way, or easement for such streets and rights-of-way within or adjacent to the tract,
4. Location of existing structures with respect to all property boundaries to determine compliance with zoning,
5. For lot bounded by water, the ordinary high water mark as defined by the Shoreline Management Act, RCW 90.58 as now exists or as may hereafter be amended,
6. Location and sizes of existing utilities, including sewer and water, fire hydrants, storm drains, electricity and communication lines,
7. Location of critical areas as regulated in 4.06 BMC which includes but is not limited to wetlands, areas subject to flooding, landsliding or other hazards;
C. A map of the city or portion thereof that effectively depicts the location of the proposed subdivision;
D. A nonrefundable application fee as set forth by resolution of the city council;
E. A certificate giving full and complete description of the lands divided as they appear on the short plat including a statement that the short subdivision has been made with free consent and in accordance with the desires of the owner(s). If the short plat includes a dedication, the certificate shall contain a dedication of all streets and other areas to the public and individual(s), religious society(ies), or to any corporation, public or private, as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided;
F. All short plats containing a dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owner signing the certificate. Streets not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes as a quit claim deed to the donee(s), grantee(s), or his/her or their use for the purpose intended by the donors or grantors aforesaid. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.060 Administrative review.
A. After the plat administrator determines that the short plat application is complete, he/she should proceed as provided in Chapter 19.02, BMC. Copies of the proposed short subdivision application shall be distributed to those agencies listed below which, in his/her judgment, should make a review:
1. City engineer;
2. Chelan-Douglas County health district;
3. Douglas County assessor;
4. Public utility district;
5. City fire chief;
6. Washington State Department of Transportation (if subdivision abuts a state highway);
7. Other appropriate agencies.
B. The administrator shall mail a brief notification including deadline for comments with a copy of the short plat application to all taxpayers of record owning property that abuts the proposed short plat.
C. 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 over the subdivision. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.070 Plat administrator responsibility.
Responsibility of the plat 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 Chapter 16.28 of this title; and that the survey, if there be one, conforms to standard practices and principles of land surveying;
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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.075 Findings and conclusions.
The plat administrator shall not approve a short plat and short subdivision unless written findings are made that ascertain all of the following:
A. The application complies with this title;
B. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school;
C. The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 493 (part), 1998)
16.20.080 Plat administrator action.
A. Once an application is determined to be complete a written determination shall be forwarded to the applicant as set forth in 19.02.030.
B. Within thirty days of the mailing or hand delivery of a written determination of completeness, the plat 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 reasons for denial. The plat administrator shall prepare findings of fact supporting the chosen action.
C. If the applicant consents, an extension of the thirty-day review period can be made. The applicant must be notified, in writing, of the reason(s) the extension is being requested. The applicant’s consent must be written and signed. An applicant may also request such an extension which must be a written and signed request. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.090 Improvements and dedication of land.
A. Dedication of land to the city, provision of public improvements to serve the short subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090.
B. All required improvements or dedications in short subdivisions shall conform to the requirements for improvements, design standards and dedications set forth in Chapter 16.28 BMC. All improvements will be at the owner’s expense and may require that the improved areas and the improvements be dedicated to the city after installation. No short plat may be recorded until the improvements have been completed or a plat bond has been filed with the city. No short plat shall be approved unless adequate provision is made for such drainage ways, streets, alleys, parks and recreation, playgrounds, sites for schools, school grounds including sidewalks and other planning features that assure safe walking conditions to and from school and other general purposes as may be required to protect public health, safety and welfare.
C. The following are applicable to all short subdivisions:
1. Utilities. The design of all utility improvements shall be certified by a licensed professional engineer, registered in the state of Washington.
2. 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 a public street, or a portion thereof, shall be required within or along the boundaries of the short subdivision, under the following circumstances:
a. Where the comprehensive plan indicates the necessity of a new right-of-way or portion thereof for street purposes; or
b. When there is less right-of-way than required from the centerline of the streets to the property line; or
c. Where necessary to extend or complete the existing public street; or
d. Where necessary to provide future access to other properties.
D. 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 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.
E. Sidewalks. Sidewalks shall be required as designated in the city curb and sidewalk plan. Pending the adoption of the city curb and sidewalk plan, as determined by the plat administrator as deemed necessary for the continuation of existing sidewalks in the area of the short subdivision. In considering the need for sidewalks the administrator shall consider the need for sidewalks and other planning features that assure safe walking conditions for students who walk to the from school.
F. 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 plat administrator may accept a bond or other reasonable equivalent guarantee approval 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 plat administrator. In addition, the plat 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.
G. Survey—Monuments and Markers. All permanent monuments within the subdivision shall be located and described, and all controlling corners on the boundaries of the short subdivisions 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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.100 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 plat administrator.
B. A short plat map shall conform to the requirements of Section 16.20.040.
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 whose signatures appear 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 public involved;
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 __________, 20_____, through __________ 20_____; 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.
Such 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 Douglas County, Washington, on the _____ day of __________, 20_____, at ______.m., at the request of _______________ and recorded in Book _____ of Short Plats on Page _____ and in Official Volume _____ on Page _____.
_______________
Deputy County Auditor
_______________
County Auditor
c. Plat Administrator’s Certificate.
Short Plat No. _____ is hereby approved by and for the City of Bridgeport, Douglas County, Washington.
_______________
Signature
_______________
Date
_______________
Title
E. Upon compliance with this chapter, the plat administrator shall file the original with the Douglas 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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.110 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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.120 Resubdivision limitation.
Land within a short subdivision may not be further divided using the short plat process within a period of five years from the date of recording of a short plat with the Douglas 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. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.20.130 Short plat amendment.
A. Once a short plat has been recorded with the Douglas County auditor, it can be amended or vacated in whole or part subject to the limitations of Section 16.20.120. All proposed alterations or vacations that include public dedications shall be processed in accordance with Chapter 16.32 or 16.36 of this title, whichever applies. If the proposed alteration or vacation does not involve a public dedication, the altered short plat shall be processed in accordance this section.
B. 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.
C. The title of the altered short plat shall be:
Short Plat No. __________
Amending Short Plat No. __________
D. 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.
E. 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 Douglas County auditor specifically referencing the short plat by number and the correction. (Ord. 493 (part), 1998)