Chapter 16.24
PRELIMINARY SUBDIVISION PLAT
Sections:
16.24.020 Preapplication conference.
16.24.060 Effect of preliminary plat approval.
16.24.070 Effective period of preliminary plat approval.
16.24.080 Agreements to transfer land conditioned on final plat approval.
16.24.010 Purpose.
The purpose of this chapter is to provide procedures for the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the city of Colville. (Ord. 1159 NS § 1, 1997).
16.24.020 Preapplication conference.
A prospective subdivider shall request a preapplication meeting with the city. The preapplication conference shall be by appointment only, shall be accompanied by sufficient information as to define the applicant’s intent, and may be subject to fees necessary to offset costs incurred by the city. (Ord. 1159 NS § 1, 1997).
16.24.030 Application.
A. Any person, firm, corporation or other entity desiring to divide or redivide land in the city into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall submit a complete preliminary subdivision application to the plat administrator.
B. The application shall be accompanied by fees in accordance with the fee schedule established by resolution of the city council.
C. An applicant shall submit with the application a minimum of six copies or prints of the preliminary plat. The preliminary plat drawing shall consist of one or more sheets drawn to a scale of one inch equals 100 feet, or a comparable scale appropriate to the illustration of required detail. The following shall be shown on the preliminary plat drawing:
1. The name of the proposed subdivision, the name of the subdivider, and the name of the person preparing the preliminary plat;
2. The legal description of all lands included in the proposed subdivision;
3. All land which the applicant proposes to subdivide, and all land immediately adjacent extending 100 feet in all directions from the proposed plat perimeter;
4. All adjacent land owned by the applicant in which future additional plat applications may be submitted, together with general information as to the location and estimated extent of each additional plat which may be submitted;
5. Locations of existing features such as roads, streets, railroads, buildings, bodies of water, utilities and utility easements, and other pertinent information;
6. The location of existing monuments, markers, and boundary lines of the tract to be subdivided;
7. Location of adjacent and adjoining platted areas and subdivisions showing relationships and match to all connecting streets, rights-of-way, utilities and easements;
8. Contours of sufficient interval to show the topography of the entire tract, and tentative percent of grades of proposed roads, streets, alleys and easements;
9. Location of all critical resource areas, including wetlands, flood hazard areas, slopes greater than 40 percent, fish and wildlife habitat areas, and critical aquifer recharge areas;
10. Layout and approximate dimensions of proposed blocks, lots, roads, streets, alleys and other proposed elements, together with the location of any portions to be set aside for recreation areas, parks, or other public and semi-public uses;
11. Location of existing and proposed utility clearly indicating the distribution of each utility system;
12. Should the application involve the redivision of any or all of an existing platted area, the original plat shall be shown with dotted lines in their proper relationship with the new arrangements to the proposed plat.
D. The following information shall also be provided:
1. Name, address and telephone number of all persons, firms or corporations holding an interest in the property;
2. Names and addresses of all property owners within 300 feet of the boundaries of the property proposed for subdivision, as those names appear on the records of the Stevens County assessor;
3. Copies of any proposed restrictive covenants;
4. Title report on the property proposed for subdivision;
5. A petition for each variance from the provisions of this title which is anticipated by the applicant;
6. Mitigation proposed for any adverse impacts to identified critical resource areas.
E. An environmental checklist or an environmental assessment in accordance with prevailing standards and procedures established under the State Environmental Policy Act (SEPA) and associated guidelines. Environmental checklists shall be accompanied by a fee in an amount established by resolution of the city council to cover review costs. (Ord. 1159 NS § 1, 1997).
16.24.040 Review process.
A. A preliminary subdivision plat shall be subject to a Type IV review consistent with Chapter 17.108 CMC, except a preliminary subdivision plat shall be approved, denied, or returned to the applicant for modification or correction within 90 days from date of completeness unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.210.030, the 90-day period shall not include the time spent in preparing and circulating the environmental impact statement.
B. Upon establishment of a file number and the classification of the application, the plat administrator shall promptly forward one copy of the application to each city department, to include at a minimum the city street department, fire department, water/sewer department, public works director, police department, and city engineer when necessary. A copy of the application shall also be forwarded to each local, state or federal agency determined to have interest in or jurisdiction over the proposal either in part or in its entirety. Where feasible, distribution of the application to city departments and other agencies will occur a minimum of 20 days in advance of a scheduled hearing, and a final date in which a response will be accepted will be indicated.
C. The planning commission at a public hearing may recommend approval of a preliminary subdivision plat, with or without conditions, if all of the following findings of fact can be made in an affirmative manner:
1. The proposed preliminary subdivision is in compliance with the Colville comprehensive plan, any requirements of the N.E. Tri-County Health District, and any other such plans developed pursuant to law. In addition, if the property, in part or total, abuts a state highway, the proposed preliminary subdivision is in compliance with any rules of Washington State Department of Transportation.
2. The physical characteristics of the site, including but not limited to topography, soil conditions, or unique natural features such as susceptibility to flooding, wildlife habitat, or wetlands, have been considered in the project design, and any adverse impacts to these resources have been adequately mitigated.
3. The proposed subdivision is in compliance with all applicable standards in CMC Title 17, Zoning.
4. The appropriate provisions have been made for dedications, easements, and reservations.
5. The public use and interest will be served by the subdivision.
6. Appropriate provisions for the following facilities are available to serve the proposed short plat or subdivision before or concurrent with development of the preliminary plat:
a. Public and private streets and roads;
b. Water;
c. Drainage;
d. Sanitary waste collection and treatment;
e. Schools and educational services;
f. Fire and police service; and
g. Pedestrian and bike facilities.
7. If phasing is proposed:
a. The phasing plan includes all land within the preliminary plat;
b. Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire plat; and
c. All road improvements requirements are assured.
D. Not later than 14 days following conclusion of the hearing, the planning commission shall submit its written report and recommendation to the city council. The council shall review and affirm or modify the planning commission recommendations at a public hearing or meeting.
E. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions. (Ord. 1488 NS §§ 8, 9, 2012; Ord. 1159 NS § 1, 1997).
16.24.050 Hearing notice.
Notice shall be given in accordance with Chapter 17.112 CMC, except notice of the public hearing shall be published not less than 10 days prior to the hearing in a newspaper of general circulation. The additional following requirement shall also apply:
A. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this section shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. (Ord. 1159 NS § 1, 1997).
16.24.060 Effect of preliminary plat approval.
A. 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 council.
B. Design drawings of all required minimum improvements as shown on the preliminary plat drawing, certified by a licensed professional engineer, registered in the state of Washington, shall be submitted prior to the construction of any of the improvements or filing of the final plat. Said drawings shall be approved by a licensed engineer acting on behalf of the city prior to the construction of any improvements or approval of a final plat.
C. Any costs incurred as a result of review by a licensed engineer acting on behalf of the city shall be borne by the subdivider. (Ord. 1159 NS § 1, 1997).
16.24.070 Effective period of preliminary plat approval.
A. Preliminary plat approval shall be effective for seven 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 seven years of the date of the preliminary plat approval.
B. An applicant who files a written request with the city council at least 30 days before the expiration of this seven-year period may be granted a one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the seven-year period. (Ord. 1488 NS § 10, 2012; Ord. 1159 NS § 1, 1997).
16.24.080 Agreements to transfer land conditioned on final plat approval.
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. 1159 NS § 1, 1997).