Chapter 22.12
PRELIMINARY PLAT PROCEDURE
Sections:
22.12.005 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed—Violations—Penalties.
22.12.010 Purpose.
22.12.015 Applicable process.
22.12.020 Application—Contents.
22.12.040 Application—Distribution.
22.12.070 Notice of application—Distribution.
22.12.100 Repealed.
22.12.110 Repealed.
22.12.120 Repealed.
22.12.130 Repealed.
22.12.140 Repealed.
22.12.230 Hearing examiner’s decision—Decisional criteria.
22.12.370 Repealed.
22.12.390 Time limits for preliminary plat.
22.12.410 Effect of preliminary plat approval—Generally.
22.12.420 Effect of preliminary plat approval—Construction of certain improvements.
22.12.005 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed—Violations—Penalties.
(a) Whenever any parcel of land is divided into ten or more lots, tracts, or parcels of land and any person, firm or corporation, or any agent of any of them, sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, in addition to the authority of the county prosecuting attorney set forth in RCW 58.17.200, the city attorney shall have concurrent authority to commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property.
(b) Any person, firm, corporation or association or any agent of any person, firm, corporation or association who violates any provision of this chapter 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 shall be deemed a separate and distinct offense. (Ord. 3705 § 2 (part), 1999)
22.12.010 Purpose.
(a) The provisions of this chapter describe the procedure that the city will use to review and decide upon proposed subdivisions. Please refer to Chapters 22.28 and 22.32 for the substantive requirements that apply to subdivisions. For properties within jurisdiction of the Shoreline Management Act, see Chapter 83 KZC.
(b) Alterations and vacations of subdivisions shall follow the procedural requirements outlined in Chapter 22.26 of this code. (Ord. 4253 § 1 (Att. A) (part), 2010: Ord. 3705 § 2 (part), 1999)
22.12.015 Applicable process.
Except as otherwise provided in this chapter, the city will use process IIA described in Chapter 150 KZC to review and decide upon proposed subdivisions. (Ord. 3705 § 2 (part), 1999)
22.12.020 Application—Contents.
The applicant may apply for a subdivision by submitting information to the planning and building department on the forms provided by that department. The planning and building department is hereby authorized to maintain a list of the application requirements. The list shall incorporate, at a minimum:
(a) The requirements of state law regarding subdivisions;
(b) The filing fee as established by ordinance;
(c) All information required under the State Environmental Policy Act, Chapter 43.21C RCW, and the administrative guidelines and local ordinance adopted to implement it;
(d) Any additional pertinent information necessary for adequate review of the application. (Ord. 4491 § 3 (part), 2015; Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)
22.12.040 Application—Distribution.
Upon receipt of a preliminary subdivision application, the planning and building department shall, in addition to all interested city departments, send a copy of the application to the authorities and agencies reviewing or furnishing water service and sanitary sewer service to the proposed subdivision. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.12.070 Notice of application—Distribution.
In addition to those parties identified in KZC 150.30(2), notice of preliminary plat application shall be provided to the following:
(a) A copy will be sent to appropriate city or county officials if the proposed subdivision adjoins the boundaries of the city.
(b) A copy will be sent to the State Department of Transportation if the proposed subdivision is adjacent to the right-of-way of a state highway. (Ord. 3705 § 2 (part), 1999)
22.12.100 Staff report—Distribution to Houghton community council.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.110 Houghton community council hearing—When.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.120 Houghton community council hearing—Notice.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.130 Houghton community council hearing—Recommendation.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.140 Houghton community council hearing—Electronic sound recording.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.230 Hearing examiner’s decision—Decisional criteria.
In addition to the decisional criteria identified in KZC 150.65(3), the hearing examiner may approve the proposed plat only if he/she finds that:
(a) There is adequate provision for open spaces, drainageways, rights-of-way, easements, transit stops, water supplies, sanitary waste, power service, parks, playgrounds and schools, including sidewalks and other planning features that assure safe walking routes to and from schools; and
(b) It will serve the public use and interest and is consistent with the public health, safety and welfare. The hearing examiner shall be guided by the policy and standards and may exercise the powers and authority set forth in Chapter 58.17 RCW. (Ord. 4750 § 5, 2021; Ord. 3705 § 2 (part), 1999)
22.12.370 Preliminary plat approval within Houghton community council jurisdiction.
Repealed by Ord. 4122. (Ord. 3705 § 2 (part), 1999)
22.12.390 Time limits for preliminary plat.
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days following the date of filing of a complete application thereof as defined in Title 20, this title, and Chapter 150 KZC 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 ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. (Ord. 3705 § 2 (part), 1999)
22.12.410 Effect of preliminary plat approval—Generally.
The approval of a preliminary plat by the hearing examiner or by the city council constitutes approval of the general concept and layout of the plat as approved. Preliminary plat approval does not signify acceptance of all engineering details of the plat. These engineering details remain subject to approval by the public works department. (Ord. 3705 § 2 (part), 1999)
22.12.420 Effect of preliminary plat approval—Construction of certain improvements.
Once engineering details and specific designs have been approved by the public works department, the owner may obtain necessary permits and construct right-of-way, easement and utility improvements approved in the preliminary plat. (Ord. 3705 § 2 (part), 1999)