Chapter 16.28
FINAL SUBDIVISION PROCEDURE
Sections:
16.28.010 Affirmation of agreement.
16.28.020 Approval by agencies.
16.28.040 Final plat – Notice to prepare.
16.28.050 Final plat – Approval procedure.
16.28.060 Final plat – Drawing materials – Filing.
16.28.070 Final plat – Required information.
16.28.080 Final subdivision contents.
16.28.100 Plat filing requirements.
16.28.010 Affirmation of agreement.
After notification is made to the subdivider of the city council’s approval of the proposed subdivision or approval with conditions, the subdivider shall affirm his agreement in writing to such terms of approval in a manner satisfactory to the city attorney. After such written affirmation, the subdivider may proceed with the subdivision of land. The subdivider, prior to requesting final plat approval, shall install the minimum improvements required under this title in accordance with the provisions of Chapters 16.20 and 16.24 CRMC and in accordance with the requirements and conditions of approval of the preliminary plat and under the supervision of the city engineer. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.01, 1980].
16.28.020 Approval by agencies.
After completion of the installation of the minimum improvements, the subdivider shall make written request for the inspection to the city engineer and to the county health department and Department of Ecology when applicable. If the city engineer, county health department and the Department of Ecology find that all minimum improvements have been completed in accordance with the installation standards of their respective departments, they shall submit written approval of such installation to the city clerk-treasurer.
A. Allowance of Bond in Lieu of Actual Improvements Prior to Approval of Final Plat.
1. As an alternative to construction of required improvements prior to final plat approval, the subdivider shall provide a surety bond or other secure method acceptable to the city council which provides for and secures the city the actual construction of the improvements. In no case shall the amount of the bond or other method of securing actual construction of required improvements be more than 50 percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improvements.
2. The value of the bond or security shall be 125 percent of the estimated costs of the improvements. The estimated cost shall be based upon the approved engineering drawings.
3. An application for use of a surety bond or other method of security shall be made to the city clerk-treasurer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application including the estimated cost of improvements and the general terms of the security agreement shall be subject to review and approval by the city clerk-treasurer who shall notify the subdivider of tentative approval or rejection of the application within 14 days after its filing.
4. After tentative approval of an application has been given by the city clerk-treasurer as provided in subsection (A)(3) of this section, the subdivider shall submit the bond or other method of security to the planning director for final review and recommendations thereon to the city council. The city council shall take action to accept or reject the proposed bond or other method of security prior to taking formal action on the final plat. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.02, 1980].
16.28.040 Final plat – Notice to prepare.
After written approval of all minimum requirements and conditions for approval of the preliminary plat are approved as set forth in CRMC 16.28.020, the city clerk-treasurer, under the direction of the city planning commission, shall notify the subdivider that he is authorized to prepare a final plat for that portion of the area contained in the proposed subdivision in which the minimum improvements have been installed or concerning which a performance bond has been posted. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.04, 1980].
16.28.045 Maintenance bond.
All required minimum improvements within any subdivision shall be subject to a maintenance bond guaranteeing to the city the successful operation of improvements for a period up to two years after final approval. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006].
16.28.050 Final plat – Approval procedure.
The following procedure will be followed when submitting a final plat for approval:
A. The subdivider shall submit the final plat, prepared in accordance with the provisions of CRMC 16.28.060 through 16.28.100, to the city clerk-treasurer. The city planner shall inspect the plat for conformance to this title, for conformance to the preliminary plat approved by the city council, and for conformance to such conditions as may have been a part of such approval. After finding that such final plat is fully conforming, the city planner shall signify his/her approval by signing the original and recorder’s plat sheets as specified in CRMC 16.28.080.
B. The city clerk-treasurer shall then transmit the final plat to the city engineer for his inspection. The city engineer shall inspect the final plat as to the survey data, the layout of streets, alleys and other rights-of-way, design of bridges, sewerage and water systems, and other structures. At such time as the city engineer is satisfied with the engineering computations and detail of the plat, he/she shall signify his/her approval of said subdivision by signing the original and recorder’s plat sheets as specified in CRMC 16.28.080.
C. After the city planner and the city engineer have affixed their signatures, the city clerk-treasurer shall submit the final plat to the city council for their acceptance and approval. After consideration of the subdivision, if the city council finds that the public use and interest will be served by the proposed subdivision, and that said subdivision meets the requirements of Chapter 58.17 RCW and this title, as well as the terms and conditions of approval of the preliminary plat, the city council shall suitably inscribe and execute its written approval on the face of the plat. The original of said plat shall be filed for record with the county auditor. One reproduced full copy shall be furnished to the city engineer. One paper copy shall be filed with the county assessor. The number of copies as required on the application forms shall be provided by the subdivider to the city clerk-treasurer. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.05, 1980].
16.28.060 Final plat – Drawing materials – Filing.
A. The final subdivision shall be drawn in ink on a sheet of 22 inches by 30 inches of Mylar, or approved substitute, and also a standard recorder’s plat sheet, 18 inches by 25 inches with a three-inch hinged binding on the left border, and shall contain the information, certificates, and statements required by this title. The plat scale shall be neither less than 50 feet to the inch nor more than 200 feet to the inch. If more than one sheet is required, the sheets shall be numbered and indexed.
B. All documents, maps, and survey books shall contain the name of the subdivision, the subdivider, and the name of the registered land surveyor. All signatures placed on the final plat shall be original signatures.
C. The Mylar of the final subdivision shall be filed in the city clerk-treasurer’s office and be the property of the city, and the recorder’s plat map shall be filed with the county auditor. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.06, 1980].
16.28.070 Final plat – Required information.
A. The final plat shall contain, or be accompanied by, the following information:
1. The lines and names of all streets or other public ways, parks, playgrounds, and easements intended to be dedicated for public use, or granted for use of the subdivision;
2. The length and bearing of all straight lines, curves, radii, arcs, and semi-tangents of all curves;
3. All dimensions along the lines of each lot, in feet and decimals of a foot to the nearest hundredth, with the true bearings, and any other data necessary for the location of any lot line in the field;
4. Suitable primary control points, approved by the city engineer, and descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data given on the plat map shall be referred;
5. The locations of all permanent monuments;
6. The names of all subdivisions immediately adjacent to the subdivision;
7. The date, true north point, and scale;
8. The boundary of the subdivided tract, with the courses and distances marked thereon, as determined by a field survey made by a registered land surveyor of the state, to close within an error of not more than one foot in 10,000 feet;
9. If the subdivision constitutes a resubdivision, the lots, blocks, streets, and other division of the original subdivision shall be shown by dotted lines in their proper positions in relation to the new arrangement of the subdivision, the new subdivision being so clearly shown in solid lines as to avoid any confusion or ambiguity;
10. Plat certificate verifying ownership and encumbrances.
B. The following information shall be submitted to the city engineer:
1. A plan showing area contours of the subdivided tract on a two-foot interval;
2. The profiles of all street centerlines to the vertical scale of 20 or less feet to the inch and horizontal scale of 200 or less feet to the inch;
3. Sewer profiles on the same scale as street profiles and the plan of all sewer and/or water lines including “T’s” and “Y’s,” and other intersections on a separate sheet, when a subdivider himself, or his agent, installs either sewer or water lines, or both;
4. Lot closure calculations;
5. The plans submitted in electronic format acceptable to the city engineer. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.07, 1980].
16.28.080 Final subdivision contents.
A metes and bounds legal description of the subdivided tract and the following information shall appear in the following sequence on the final subdivision, lettered in ink either by hand or by mechanical device:
A. Know all men by these presents that _______________, the undersigned _______________ owner(s) in fee simple ________________________ of the land hereby subdivided, hereby declare this subdivision and dedicate(s) to the use of the public forever, all streets and easements or whatever public property there is shown on the plat and the use thereof for any and all public purposes; also the right to make all necessary slopes for cuts or fills upon the lots, blocks, tracts, etc., shown on this plat in the reasonable original grading of all streets, shown hereon.
IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this _________ day of _____________, ____.
Signed and Sealed:
__________________________
__________________________
__________________________
B. STATE OF WASHINGTON )
) ss
COUNTY OF COWLITZ )
THIS IS TO CERTIFY THAT on the _________ day of _____________, ____, before me, the undersigned, a Notary Public, personally appeared _____________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that _____________ signed and sealed the same as ______ free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal the day and year last above written.
________________________________
NOTARY PUBLIC in and for the State of Washington, residing at _____________
C. I HEREBY CERTIFY THAT the subdivision of _______________ is based on actual survey and subdivision of Section ______, Township ______ North, Range ______ W.M., that the distances and courses and angles are shown thereon correctly; that proper monuments have been set and lot and block corners staked on the ground.
SIGNED
________________________ (Seal)
Licensed Land Surveyor
D. EXAMINED AND APPROVED this _________ day of _____________, ____, CASTLE ROCK PLANNING COMMISSION.
ATTEST:
______________ ______________
(Secretary) (Chairman)
E. EXAMINED AND APPROVED this _________ day of _____________, ____.
________________________
City Engineer (Seal)
CITY OF CASTLE ROCK
F. EXAMINED AND APPROVED this _________ day of _____________, ____.
CITY COUNCIL OF THE CITY OF CASTLE ROCK
________________________
Mayor
ATTEST:
________________________
City Clerk-Treasurer
G. I HEREBY CERTIFY THAT the taxes on the land described hereon have been paid to date, including the year ______.
DATED: __________________
________________________
Cowlitz County Treasurer
________________________
Deputy Treasurer
[Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.08, 1980].
16.28.090 Fee payment.
The subdivider shall make a payment according to the fee schedule on file with the city clerk-treasurer for engineering fees incurred as a result of the city engineer making examination of the final plat. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.09, 1980].
16.28.100 Plat filing requirements.
The final subdivision or dedication shall be duly filed with and recorded by the county auditor upon receipt of the full amount of filing fees paid by the subdivider in accordance with the procedures set forth in Chapter 58.17 RCW. In addition to the requirement of this title, every plat filed for record shall:
A. Contain a statement of approval from the city engineer as to the survey data, the layout of streets, alleys and other rights-of-way, design of bridges, city utilities including water, sewage and storm sewers and other structures;
B. Be accompanied by a complete survey of the section or sections which the plat is located or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes showing the original or reestablished corners with descriptions of the same and actual traverse showing error of closures and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet;
C. Be acknowledged by the person filing the plat before the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgement of deeds, and a certificate of said acknowledgement shall be enclosed or next to such plat and recorded therewith;
D. Contain a certification from the proper officers or officer in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;
E. Every final plat filed for record must contain a certain certificate giving a full and correct description of the land divided as it appears on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private, as shown on the plat and a waiver for all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided;
F. Every plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate;
G. An offer of dedication may include a waiver of right of direct access of any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by the city council as a condition of approval. Roads 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 said donee or donees, grantee or grantees for his, her, or their use for the purpose intended by the donors or grantors as aforesaid as provided in RCW 58.17.165. [Ord. 2010-01 Att. A, 2010; Ord. 2006-09 Att. A, 2006; Ord. 509 § 7.10, 1980].