Chapter 16.12
PROCEDURE
Sections:
16.12.010 Compliance required.
16.12.020 Consultation with planning commission.
16.12.030 Preliminary plat approval – Expiration.
16.12.040 Preliminary plat approval – Required for final plat.
16.12.050 Preliminary plat approval – Filing for record.
16.12.060 Preliminary plat approval – Application – Fee.
16.12.070 Preliminary plat – Copy filing.
16.12.080 Preliminary plat – Recommendations of department heads.
16.12.090 Preliminary plat – Conformance to official plan.
16.12.100 Preliminary plat – Public hearing.
16.12.110 Preliminary plat – Approval or disapproval procedure.
16.12.120 Approved preliminary plat – Written statement of improvements.
16.12.130 Improvement approval – Final plat submission.
16.12.140 Final plat approval – Copy filing.
16.12.150 Final plat authorization.
16.12.160 Completion of improvements – Release of security.
16.12.180 Permit issuance for nonconforming property.
16.12.190 Violation – Penalty.
16.12.010 Compliance required.
(a) No person, firm or corporation proposing to make or having made a plat, binding site plan or subdivision of land containing two or more lots, plots or tracts, or proposing to make or having made a plat, binding site plan or subdivision containing a dedication of any part thereof as a public street or highway, shall enter into any contract for the sale of, or shall offer to sell, the subdivision or plat, or any part thereof, or shall proceed with any construction work on the proposed subdivision, including grading and excavation relating thereto, until he or it has obtained both the tentative and final approval of the proposed plat, binding site plan, subdivision or dedication in accordance with the prescribed rules and regulations contained in this chapter.
(b) Any unplatted property within the city shall first be platted or a binding site plan approved in conformance with this chapter before any building permits will be issued. (Ord. 1060 § 1, 2012; Ord. 995 § 1, 2007; Ord. 505 § 3, 1979).
16.12.020 Consultation with planning commission.
The subdivider, his engineer or land surveyor, while the proposed plat, binding site plan, subdivision or dedication is in sketch form and before the proposed plat, subdivision or dedication is prepared, shall consult with the planning commission for the purpose of ascertaining the requirements of the official plan or any portions thereof, and obtaining any explanation of the rules and regulations herein contained as may be necessary and related to the proposed plat, binding site plan, subdivision or dedication. (Ord. 1060 § 1, 2012; Ord. 505 § 3(A)(1), 1979).
16.12.030 Preliminary plat approval – Expiration.
The preliminary approval of the preliminary plat or binding site plan shall be effective for five years. An applicant who files a written request with the planning commission of the city, town, or county at least 30 days before the expiration of this five-year period shall be granted a single, one-year extension upon approval of the planning commission. (Ord. 1060 § 1, 2012; Ord. 785 § 1, 1996; Ord. 505 § 3(A)(2), 1979).
16.12.040 Preliminary plat approval – Required for final plat.
A final plat or binding site plan may be presented for final approval for any portion of a large subdivision when the proposed plat therefor has previously received preliminary approval by the planning commission; provided, however, that the planning commission and the city council shall have final power in approving any such final plat presented for final approval for any portion of a large subdivision. (Ord. 1060 § 1, 2012; Ord. 505 § 3(A)(3), 1979).
16.12.050 Preliminary plat approval – Filing for record.
When the planning commission has ascertained that the public use and interest will be served and advanced by the proposed plat, binding site plan, subdivision or dedication in accordance with rules herein contained, the planning commission shall execute its written approval which shall be suitably inscribed on the final plat, subdivision or dedication. Thereafter, the final plat, binding site plan, subdivision or dedication may be presented for final approval by the city council and for filing for record to the county auditor, and after it has been filed for record, it shall be known as an authorized plat, binding site plan, subdivision or dedication of land. (Ord. 1060 § 1, 2012; Ord. 505 § 3(A)(4), 1979).
16.12.060 Preliminary plat approval – Application – Fee.
The proposed plat, binding site plan, subdivision or dedication, and application for “preliminary approval” thereof shall be prepared by the developer, his engineer or land surveyor in accordance with the requirements for the proposed plat, subdivision or dedication as set forth in Chapter 16.20 DMC, and the proposed plat, binding site plan, subdivision or dedication, and the application shall be submitted to the city clerk-treasurer, who shall affix thereto a file number and the date it is received; and the application submitted shall be accompanied by a fee in the amount of $100.00 plus $5.00 per lot in the proposed plat, binding site plan, or subdivision. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(1), 1979).
16.12.070 Preliminary plat – Copy filing.
Where applicable, the mayor shall transmit two copies of the preliminary plat or binding site plan to the city engineer, one copy to the city health officer, and one copy to the building committee for their respective recommendations regarding the preliminary plat, binding site plan, subdivision or dedication. The mayor shall submit four copies to the members of the planning commission. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(2), 1979).
16.12.080 Preliminary plat – Recommendations of department heads.
Where applicable, and if requested by the planning commission, the city engineer, the city health officer and the building committee (and other department heads), within the scope of their municipal functions, shall make their respective recommendations regarding the preliminary plat, binding site plan, subdivision or dedication in report form to the planning commission within a period of 30 days from the day the city clerk-treasurer received the application for its approval. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(3), 1979).
16.12.090 Preliminary plat – Conformance to official plan.
The planning commission shall examine the preliminary plat, binding site plan, subdivision or dedication to ascertain whether it conforms to the requirements of the official plan or any portion thereof. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B) (4), 1979).
16.12.100 Preliminary plat – Public hearing.
Notice of public hearing on the preliminary plat, binding site plan, subdivision or dedication shall consist of at least one copy of the notice of the hearing, posted in a conspicuous place, on or adjacent to the land proposed to be platted or subdivided, in which the time and place of such hearing is clearly indicated, which shall be posted not less than 10 days prior to the hearing; and the announcement of public hearing shall be submitted by registered mail at least two weeks prior to the time of the public hearing to the owners of all contiguous properties within a distance of 300 feet from any line of the preliminary plat, binding site plan, subdivision or dedication. Notice of each such public hearing shall be given in accordance with RCW 58.17.090. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(5), 1979).
16.12.110 Preliminary plat – Approval or disapproval procedure.
The planning commission will either approve or withhold approval of the preliminary plat, binding site plan, subdivision or dedication within a period of 45 days after the city clerk-treasurer has received the application, and the preliminary plat, binding site plan, subdivision or dedication; and, if approval is withheld, a copy of the preliminary plat, binding site plan, subdivision or dedication, together with a list of suggested modifications, prepared in accordance with the provisions herein contained, shall be retained in the files of the planning commission, and a copy thereof shall be returned to the subdivider. A certificate of approval, or withholding approval, shall be forwarded within 14 days following such action to each of the municipal officers that received a copy of the preliminary plat, binding site plan, subdivision or dedication, including the city council. If an environmental impact statement is required as provided in RCW 43.21.080, the 45-day period shall not include the time spent preparing and circulating the environmental impact statement. Upon receipt of the recommendation on any preliminary plat or binding site plan the city council shall thereupon act to adopt or reject the recommendations of the planning commission. If, after considering the matter, the city council deems a change in the planning commission’s recommendation approving or disapproving any preliminary plat or binding site plan is necessary, the city council shall adopt its own recommendations or approve or disapprove the preliminary plat or binding site plan. A record of all public meetings and public hearings shall be kept by the city and shall be opened to public inspection. Sole authority to approve final plats and to adopt or amend platting ordinances shall reside in the city council. In any event, the preliminary plat or binding site plan shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from date of filing unless the applicant consents to an extension of such time. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(6), 1979).
16.12.120 Approved preliminary plat – Written statement of improvements.
If the preliminary plat or binding site plan is approved by the planning commission, the subdivider, before requesting final approval of the final plat or binding site plan, shall elect by a written statement, with final approval of the city council, to carry out minimum improvements in accordance with the provisions of Chapter 16.24 DMC by any of the following methods:
(1) By furnishing the city with a subdivision bond, in which assurance is given the city that the installation of the minimum improvements will be carried out as provided in Chapter 16.24 DMC, and in accordance with the installation requirements, and under the supervision of the city engineer if requested by the city council. The amount of the subdivision bond shall be determined by the city council, but in no event shall be less than 100 percent of the estimated cost of the specified improvements;
(2) By actually installing the minimum improvements in accordance with the provisions of Chapter 16.24 DMC as provided by the local improvement district laws of the state, and the council of the city, and in accordance with the installation requirements and under the supervisions of the city engineer if requested by the city council;
(3) By actual installation of improvements in accordance with the provisions of Chapter 16.24 DMC, and in accordance with the installation requirements and under the supervision of the city engineer if requested by the city council;
(4) By furnishing the city with a copy of the contract signed by a contractor, and the developer of the proposed plat, subdivision or dedication in which the contractor has agreed to install the minimum improvements in accordance with the provisions of Chapter 16.24 DMC, and in accordance with the installation requirements, and under the supervision of the city engineer if requested by the city council; in addition, the developer shall furnish the city with a copy of the performance bond signed by the contractor and provided by the contractor to the developer of the proposed plat, subdivision or dedication, in which assurance is given that the contractor will install the minimum improvements, in accordance with the provisions. The amount of the performance bond shall be determined by the city council;
(5) By any other secure method providing for and securing to the city the actual construction and installation of such improvements within a period specified by the city;
(6) Combination of these methods;
(7) With regard to improvements pertaining to streets, and/or water, and/or sewer, and regardless of whatever method for providing for such improvements as ultimately determined by and between the subdivider and the city council, the subdivider shall nevertheless provide an expressed warranty as to the suitability of said improvement(s) for the uses and purposes intended for a period of two years from and after date of completion of said improvement(s); provided, however, nothing in this subsection to the contrary shall negate any other expressed and/or implied warranty extended and provided for by contract and/or operation of law. (Ord. 1060 § 1, 2012; Ord. 510 § 1, 1979; Ord. 505 § 3(B)(7), 1979).
16.12.130 Improvement approval – Final plat submission.
The subdivider, upon obtaining final approval from the city council as to the manner of carrying out the minimum improvements in accordance with Chapter 16.24 DMC, may submit the final plat or binding site plan consisting of the original and five copies prepared in accordance with the provisions of Chapter 16.28 DMC. The final plat or binding site plan shall be transmitted to the mayor, who, in turn, shall transmit it to the planning commission, and the planning commission shall either approve the plat, binding site plan or subdivision within 10 days of the date of filing said plat with the city clerk-treasurer or return said plat or subdivision to the applicant for modification or correction, unless the applicant in the meantime shall have filed written consent for a longer period within which the planning commission is to act thereon. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(8), 1979).
16.12.140 Final plat approval – Copy filing.
(a) After final approval, the planning commission shall transmit to the city clerk-treasurer a certificate of its final approval, and thereafter the city council shall at a regular meeting either approve or disapprove the final plat or binding site plan. Such approval or disapproval shall be given within 20 days after receipt of the planning commission’s certificate, unless the applicant in the meantime shall have filed written consent for a longer period within which the council is to act thereon.
(b) After approval, the original and five copies of the final plat or binding site plan shall be transmitted to the following officials and officers by the city clerk-treasurer:
(1) The original to the county auditor;
(2) One copy to the county assessor;
(3) One reproducible copy to the city engineer, where applicable;
(4) One copy to the city health officer, where applicable;
(5) Two copies shall be retained by the planning commission. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(9), 1979).
16.12.150 Final plat authorization.
After the county auditor has received and filed for record the final plat or binding site plan, it shall be known as an authorized plat, binding site plan, subdivision, or dedication of the land as provided in Chapter 58.17 RCW et seq. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(10), 1979).
16.12.160 Completion of improvements – Release of security.
After completion of all improvements, the city engineer and health officer, where applicable and requested by the city council or planning commission, will each submit a certificate in duplicate to the city council stating that the subdivider has completed the required installations in accordance with the provisions of Chapter 16.24 DMC contained, and in accordance with installation standards of their respective departments. The city council, upon being satisfied as to the satisfactory completion of the improvements herein provided for shall thereupon release the bond or other security provided for herein. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(11), 1979).
16.12.170 Appeals.
Except as otherwise provided in this title, an interested property owner or his agent may appeal a final administrative order or decision made under authority of this title to the board of adjustment; provided, that no such appeal shall be available with regard to decisions having the form or substance of a recommendation to or by the planning commission. Both parties shall present their cases to the board in writing seven days prior to the date set by the board for hearing the case.
Judicial review of a decision approving or disapproving a plat or binding site plan may be sought as set forth in RCW 58.17.180. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(12), 1979).
16.12.180 Permit issuance for nonconforming property.
(a) No permits shall be issued by the city for construction, modification or use of any property divided in violation of this chapter or state law without prior approval of the city council, which approval shall only be given following a public meeting at which the applicant shall demonstrate to the city council that:
(1) The applicant purchased the property as an innocent purchaser for value without actual notice that the property was divided in violation of law; or
(2) The public interest will not be adversely affected by granting of the permit.
(b) A determination of the public interest by the city council under this section shall be based on substantially the same criteria considered upon a preliminary plat or binding site plan application under this chapter.
(c) A purchaser or transferee of property sold or transferred in violation of this chapter or state law shall have those rights, obligations and remedies set forth in RCW 58.17.210. (Ord. 1060 § 1, 2012; Ord. 505 § 3(B)(13), 1979).
16.12.190 Violation – Penalty.
Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of Chapter 58.17 RCW or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of this chapter or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. (Ord. 1060 § 1, 2012; Ord. 785 § 2, 1996; Ord. 505 § 3(B)(14), 1979).