Chapter 16.16 MAJOR SUBDIVISIONS

Every subdivision of land into 10 or more parcels or lots as defined in this title shall proceed in compliance with this chapter. Land divided as a short subdivision, the short plat of which has been approved within five years immediately preceding, may be subdivided pursuant to this chapter. (Ord. 21-09 § 7, 2021; Ord. 282 § 4.00, 1979)

16.16.020 Administrator’s duties.

The administrator is vested with the duty of administering subdivision and platting regulations within the incorporated areas of the city and may prepare and require the use of such forms as are essential to their administration. (Ord. 282 § 4.02, 1979)

16.16.030 Preliminary consultation.

Repealed by Ord. 22-08. (Ord. 282 § 4.04, 1979)

16.16.040 Discussion meeting.

Repealed by Ord. 22-08. (Ord. 282 § 4.04.1, 1979)

16.16.050 Preliminary sketch map.

Repealed by Ord. 22-08. (Ord. 282 § 4.04.2, 1979)

16.16.060 Review and recommendations.

Repealed by Ord. 22-08. (Ord. 282 § 4.04.3, 1979)

16.16.070 General review by planning commission.

Repealed by Ord. 22-08. (Ord. 282 § 4.04.4, 1979)

16.16.080 Preliminary plats – Application and fees.

Any person desiring to subdivide land in the city shall complete an application for subdivision approval and file it with the administrator. At the time the applicant files an application with the administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount of the nonrefundable filing fee for subdivision approval by resolution.

In addition to the nonrefundable filing fee, the applicant shall reimburse the city for the actual costs the city incurs for engineering fees in processing the application. The applicant shall become obligated to pay and shall reimburse the city for these engineering fees as the city incurs them.

Until the applicant has paid the nonrefundable filing fee and paid for all the engineering fees incurred by the city, the applicant will not receive final approval of the subdivision. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 07-11 § 6, 2007; Ord. 93-8 § 2, 1993; Ord. 91-3 § 2, 1991; Ord. 282 § 4.06.2, 1979)

16.16.090 Plats and plans required.

A subdivider shall submit with his application as many copies of a preliminary plat and copies of plans, profiles and specifications for streets, utilities and other proposed improvements to be constructed in the proposed subdivision as may be required by the administrator. Plans and profiles shall be drawn upon sheets acceptable to the city or county engineer. (Ord. 282 § 4.06.3, 1979)

16.16.100 Subdivision review.

A subdivision is a Type III application and shall be processed as set forth in EWMC Title 19. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.06.4, 1979)

16.16.110 Planning commission hearing date.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.5, 1979)

16.16.120 Notice of hearing.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.6, 1979)

16.16.130 Hearings – Scope and continuance.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.8, 1979)

16.16.140 Recommendations of other agencies.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.9, 1979)

16.16.150 Planning administrator report.

The planning administrator shall submit a report on:

A. The improvements required under provisions of this title;

B. Any easements required;

C. The effect of the proposed subdivision and any proposed grading in connection therewith on drainage in the general area and the adequacy of methods of handling drainage and storm water runoff proposed by the subdivider;

D. Effects of the proposed subdivision on other public improvements under the jurisdiction of the planning department;

E. The accuracy of the technical information submitted (survey data, mathematical data and computations). (Ord. 282 § 4.06.10, 1979)

16.16.160 Health officer report.

The health officer shall submit a report on:

A. Adequacy of water supply for domestic purposes;

B. Adequacy of sewage disposal system proposed;

C. Other matters related to the proposed subdivision which may affect the public health;

D. In the event that municipal or community type sewer or domestic water services are not available, the health officer shall investigate the lot size, sewage disposal system and domestic water supply system proposed for the subdivision and submit a report to the planning commission certifying that the sewage disposal system and water supply system do or do not meet the health and safety standards of Chelan-Douglas Health District; and if septic tank or other sewage systems are proposed, that such installations will function properly on each individual lot in the proposed subdivision. In making his investigation the health officer is empowered to require test holes and other exploratory tests as may be necessary to ascertain whether the proposed lots are of adequate size to provide adequate sewage disposal when all lots within the subdivision and in the immediate area are built upon. The cost of all such tests shall be borne by the subdivider. (Ord. 282 § 4.06.11, 1979)

16.16.170 Fire officer report.

The fire marshal or other appropriate fire official shall submit a report on:

A. The adequacy of access for emergency vehicles;

B. Location of fire hydrants and adequacy thereof;

C. Adequacy of water supply for fire protection purposes;

D. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision. (Ord. 282 § 4.06.12, 1979)

16.16.180 Planning director report.

The planning director shall submit to the planning commission a report detailing wherein the proposed subdivision does or does not conform with the requirements of this title and with other standards and policies of the city. The planning commission shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys and other public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites and grounds and other public and private facilities and improvements. (Ord. 282 § 4.06.13, 1979)

16.16.190 Conformance to comprehensive plan.

The hearing examiner shall determine if the proposed subdivision conforms to the general purposes of the comprehensive plan or portions thereof and if the public use and interest will apparently be served by the proposal. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.06.14, 1979)

16.16.200 Commission action.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.15, 1979)

16.16.210 Records.

Repealed by Ord. 22-08. (Ord. 282 § 4.06.16, 1979)

16.16.220 Preliminary plat approval.

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 commission. This authorization shall not imply approval to convey lots. (Ord. 282 § 4.06.17, 1979)

16.16.230 Expiration.

A. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within 90 days from the date of filing thereof 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 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.

B. Final plats and short plats shall be approved, disapproved or returned to the applicant within 30 days from the date of filing thereof unless the applicant consents to an extension of such time period.

C. Submittal of Final Plat. The approval given to a preliminary plat shall expire pursuant to RCW 58.17.140 unless, within the allowed time frame, a proposed final plat in proper form is filed with the administrator or an extension is requested as provided in subsection D of this section.

D. Extensions. An applicant may submit a written request to the city at least 60 days prior to the expiration of the preliminary plat approval for a one-time extension of up to two years. Such extensions may be granted by the city council if all of the following conditions are met:

1. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and

2. Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary plat was first approved; and

3. An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and

4. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and

5. The preliminary plat substantially complies with applicable city code provisions in effect on the date that the application for extension was submitted. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 17-07 § 9, 2017; Ord. 384 § 2, 1985; Ord. 282 § 4.06.18, 1979)

16.16.240 Dedications.

No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements for any purpose including water, sewer or other utilities, fire, police and other public safety facilities, parks, playgrounds, sites for schools, school grounds and other general purposes as may be required to protect the public health, safety and welfare. (Ord. 282 § 4.06.19, 1979)

16.16.250 Shown on plat.

All dedications of land shall be clearly and precisely indicated on the face of the plat. (Ord. 282 § 4.06.20, 1979)

16.16.260 Protective improvements.

Protective improvements and easements to maintain such improvements shall be dedicated. (Ord. 282 § 4.06.21, 1979).

16.16.270 Survey – Preparation of plats.

The survey of every proposed subdivision and the preparation of preliminary and final plats thereof 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 lands actually surveyed. All surveyors shall conform to standard practices and principles for land surveying. (Ord. 282 § 4.06.22, 1979)

16.16.280 Standard format.

Every preliminary plat shall consist of one or more maps, the horizontal scale of which for street and sewer profiles shall be 100 or less feet to the inch, together with written data in such form that when the maps and written data are considered together they shall fully and clearly disclose the following information:

A. The name of the proposed subdivision. Such subdivision name shall not duplicate or nearly duplicate the name of any other subdivision in the county;

B. The legal description of land contained within the subdivision;

C. The names, addresses and telephone numbers of all persons, firms and corporations holding interests in the land;

D. The name, address, telephone number and seal of the registered land surveyor who made or under whose supervision was made a survey of the proposed subdivision;

E. The date of the survey;

F. Boundary lines of the proposed subdivision and, if required by the city or county engineer, a map showing the section breakdown will be submitted showing bearings and distances surrounding the proposed subdivision;

G. All existing monuments and markers found and shown;

H. The boundaries of all blocks and lots within the proposed subdivision together with the numbers and letters proposed to be assigned each lot and block. Such lot and block numbers shall consist of consecutive numbers beginning with number “1”. Parcels to be dedicated to the public may be shown by letter designation;

I. The location and width of all existing streets, roads and easements within the proposed subdivision and adjacent thereto;

J. The approximate boundaries of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses;

K. The location and, where ascertainable, sizes of all existing structures, wells, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines and other important features existing upon, over or under the land proposed to be subdivided;

L. The smallest, largest and average lot area in the tract;

M. A statement of proposed provisions for water supply and sewage disposal;

N. Contours at one-foot intervals if required by the city or county engineer or planning director, from zero to five percent cross slope; five-foot intervals for five to 30 percent cross slope; and spot elevations to determine the general slope of the land and high and low points thereof. Such contours and elevations shall be based upon datum acceptable to the city or county engineer;

O. The date, north arrow and area in acres of the subdivision;

P. A layout of proposed roads, alleys, utility mains, easements or parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;

Q. Statement that the proposed water distribution systems, sewage disposal systems and drainage systems including sizes and locations will meet county requirements;

R. A sketch of the general vicinity in which the land proposed for subdivision lies and upon which are identified owners of land adjacent to the subdivision and the name of any adjacent subdivision;

S. Copies of all proposed restrictive covenants to be imposed upon land in the subdivision;

T. The location of soil log holes together with data regarding percolation rates and a statement as to soil conditions prepared by a registered soils engineer or civil engineer with training in soils mechanics attesting to the suitability of soils for the specific uses and purposes in the subdivision;

U. The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the subdivision shall be shown on the preliminary map or on the vicinity map as appropriate;

V. If it is contemplated that development proceed by dividing the original proposed subdivision into more than one subdivision the probable boundaries of each such subdivision shall be shown on the preliminary plat and block lines shall not be crossed. (Ord. 282 § 4.06.23, 1979)

16.16.290 Subdivision design and minimum requirements.

Every subdivision shall conform with design standards as provided for in Chapter 16.20 EWMC. (Ord. 282 § 4.06.24, 1979)

16.16.300 Final plats – Filing period.

At any time within 12 months following planning commission approval of a preliminary plat the subdivider may cause the subdivision or any part thereof to be surveyed and a final plat to be prepared. The original and five copies shall be filed with the administrator. Any failure to record a final plat within the time limits specified in EWMC 16.16.230 shall terminate all proceedings. The final plat prepared in accordance with the provisions of this section and EWMC 16.16.310 through 16.16.330 shall be submitted to the administrator. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.08.1, 1979)

16.16.310 Final plats – Review by administrator.

The administrator shall verify:

A. That the final plat meets all standards established by state law and this title relating to final plats;

B. That conditions imposed when the preliminary plat was approved have been met;

C. That the proposed final plat bears the certificates and statements of approval required by this title;

D. That a title report, paid for by the subdivider, from a title insurance company authorized to do business in the state confirms that title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

E. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided bonds in a form acceptable to the city or county engineer and in an amount and with sureties commensurate with improvements remaining to be done, securing to the county the construction and installation of the improvements within a fixed time set by the board. (Ord. 282 § 4.08.2, 1979)

16.16.320 Final plats – Submission.

The administrator shall acknowledge receipt of a proposed final plat which meets the requirements of EWMC 16.16.300 through 16.16.330. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.08.3, 1979)

16.16.330 Final plats – Approval by director.

A final plat shall be approved by the director based on a determination that:

A. The plat conforms to the applicable plans, policies and codes of the city of East Wenatchee; and

B. The plat conforms to all conditions of preliminary approval; and

C. Appropriate provisions are made, without limitation, for:

1. The public health, safety and general welfare.

2. Open spaces.

3. Drainage ways.

4. Streets or roads, alleys, other public ways.

5. Transit stops.

6. Potable water supplies.

7. Sanitary wastes.

8. Parks and recreation, playgrounds.

9. Schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

D. The plat meets all standards established by state law and this title relating to final plat; and

E. The plat bears the certificates and statements of approval required by state law and this title; and

F. A title insurance report or plat certificate current within 30 days has been furnished by the subdivider confirming that the title of land to be divided is vested in the name of the owners whose signatures appear on the acknowledgment and dedication certificate; and

G. Required improvements have been approved by the director, city engineer, the health district and utility purveyors as applicable or financial guarantees have been posted with the city; and

H. A warranty for maintenance has been posted with the city for all applicable improvements constructed and approved by the director, city engineer, the health district and utility purveyors, as applicable; and

I. The public use and interest will be served. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.08.4, 1979)

16.16.340 Final plats – Submission of additional copies.

Repealed by Ord. 22-08. (Ord. 282 § 4.08.5, 1979)

16.16.350 Surveys – Notes – Accuracy.

A. The surveyor shall furnish the city or county engineer with a full set of survey notes which shall clearly show:

1. The ties to each permanent monument;

2. At least three durable, distinctive reference points or monuments;

3. Sufficient data to determine readily the bearing and length of each line;

4. The base meridian referred to.

B. A traverse of the boundaries of the subdivision and all lots and blocks shall close within an error of one foot in 5,000 feet. (Ord. 282 § 4.08.61, 1979)

16.16.360 Surveys – Orientation of subdivision.

Primary survey control points shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown. (Ord. 282 § 4.08.62, 1979)

16.16.370 Surveys – Permanent control monuments.

A. Permanent control monuments shall be established at:

1. Controlling corners on the boundaries of subdivisions;

2. The intersections of the centerlines of roads within the subdivision;

3. Beginning and ends of curves on centerlines.

B. Permanent control monuments may be placed on offset lines. (Ord. 282 § 4.08.63, 1979)

16.16.380 Standard format – Maps and drawings.

A. Every final plat shall consist of one or more sheets each 12 by 18 inches clearly and legibly drawn on tracing cloth, stable base mylar polyester film or equivalent approved material acceptable to the city or county engineer. All drawings and lettering on the final plat shall be in permanent black ink. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of one inch on the left side and one-half inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly and shall not be smaller than one inch equals 100 feet nor greater than one inch equals 50 feet without permission from the administrator. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. Each sheet of the final plat shall contain the subdivision name, the graphic scale and the north point. All signatures affixed to a final plat shall be original signatures written in permanent black ink.

B. Every final plat shall include an accurate map of the subdivided land based on a complete survey thereof, which map shall include:

1. All section, township, municipal and county lines lying within or adjacent to the subdivision;

2. The location of all monuments or other evidence used as ties to establish the subdivision boundaries;

3. Location of all permanent control monuments found and established within the subdivision;

4. The length and bearings of all straight lines; the radii, arc lengths and central angles of all curves;

5. Boundaries of the subdivision with complete bearings and lineal dimensions;

6. The length of each lot line and other data necessary for the location of any lot line in the field;

7. The location, width, centerline and name or number of all streets within and adjoining the subdivision;

8. The location and width, shown with broken lines, and a description of all easements;

9. Numbers assigned to all lots and blocks within the subdivision;

10. The names of any adjacent subdivision. (Ord. 282 § 4.08.71, 1979)

16.16.390 Standard format – Written data.

In addition to the map or maps, every final plat shall contain written data including:

A. The name of the subdivision.

B. The legal description of land contained within the subdivision.

C. The certificate of the registered land surveyor who made or under whose supervision was made the survey of the subdivision, in substantially the following language:

I, ___________, registered as a Land Surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, that the distances, courses and angles are shown thereon correctly; and that the monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the Plat.

( Signature )

D. A statement of approval signed by the city or county engineer.

( Signature )

E. A statement of approval signed by the county health officer as to the design and/or construction of sanitary sewage disposal systems and public water supply systems proposed in the subdivision; provided, however, that no such statement shall be deemed a guarantee of acceptability of individual septic tank systems contemplated for use within the subdivision.

( Signature )

F. If any portion of this subdivision lies within a flood control zone, a statement of approval signed by the Director of the State Department of Ecology or its successor.

G. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by such persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all lands shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision.

H. A certificate signed by the Douglas County treasurer that all taxes have been paid one year in advance on all unimproved property in each proposed subdivision and that delinquent assessments for which the land within the subdivision may be liable have been duly paid, satisfied or discharged.

( Signature )

I. Space for approval by the community development director.

( Signature )

(Ord. 22-08 § 5 (Exh. A), 2022; Ord. 282 § 4.08.72, 1979)