Chapter 16.12
Preliminary Plat

Sections:

16.12.010    Prefiling procedures.

16.12.020    Authority of hearing examiner.

16.12.030    Submission procedures--Time of filing.

16.12.040    Public hearing--Notice requirements.

16.12.050    General requirements.

16.12.060    Specific requirements.

16.12.070    Vicinity sketch required--Items to be shown.

16.12.080    Hearing--Public record.

16.12.090    Recommendation of approval or disapproval by hearing examiner.

16.12.100    Council hearing--Notice required.

16.12.110    Conditions for approval or disapproval--Council authority.

16.12.120    Land conditions requiring additional consideration.

16.12.130    Time limitation for approval or disapproval of plats--Extensions.

16.12.010 Prefiling procedures.

The subdivider should early and informally consult with the city engineer, public works superintendent, building inspector, fire chief, police chief, health officer, and members of the planning commission for advice and assistance before filing a preliminary plat. It is the aim of this section to eliminate as many potential problems as possible in order for the preliminary plat to be processed without delay. (Ord. 079 §3.01, 1975).

16.12.020 Authority of hearing examiner.

The hearing examiner is designated as the official of the city for the conduct of public hearings, and making recommendations to the city council. (Ord. 1367 §18, 1995: Ord. 979 §3.02, 1975).

16.12.030 Submission procedures--Time of filing.

(a)    A preliminary plat of proposed subdivisions and dedications shall be submitted to city council for approval. For the purpose of expediting the preliminary approval of any subdivision, every subdivider shall file with the administrator on such forms as may be provided by the city, together with the application, at least twelve copies of the tentative maps, one vicinity sketch, and a list of the names and addresses of all owners of property within three hundred feet of the exterior boundaries of the proposed subdivision. Every subdivider shall, at the time of filing a preliminary plat, pay to the city such fees as are prescribed in this title. The administrator shall notify the hearing examiner that a preliminary plat has been filed, and thereupon the staff member assigned that responsibility shall set a place and time for a public hearing thereon.

(b)    The time of filing a preliminary plat shall be fixed as the date when all maps and required information have been filed, checked, and accepted as completed by the administrator, and the required fees paid. Such filing must be complete and accepted twenty days prior to the date set for hearing before the hearing examiner. (Ord. 1367 §19, 1995: Ord. 979 §3.03, 1975).

16.12.040 Public hearinq--Notice requirements.

Notice of the date, time and place of the public hearing before the hearing examiner shall be given as follows:

(1)    By publication of at least one notice not less than ten days prior to the date of hearing in a newspaper of general circulation within Grays Harbor County;

(2)    By mailing, postage prepaid, not less than ten days prior to said hearing, a notice to:

(A)    The clerk of any town or city whose boundaries are adjacent to or within one mile of the boundaries of the proposed subdivision,

(B)    The clerk of any town or city whose utilities are contemplated to be used by the proposed subdivision,

(C)    The Department of Transportation, state of Washington, if any boundary of the proposed subdivision is adjacent to the right-of-way of a state highway,

(D)    The board of county commissioners of Grays Harbor County in the event any boundary of the proposed subdivision adjoins the municipal boundaries of the city of Montesano;

(3)    Additional notice of the hearing shall be given by at least one other method, which may include:

(A)    Mailing to all owners of record of property within three hundred feet from the exterior boundaries of the proposed subdivision a notice of the hearing, at least ten days prior to the hearing,

(B)    Posting of the notice of the hearing on or near the property in the proposed subdivision in at least three conspicuous places not less than ten days prior to the hearing,

(C)    In any other manner deemed necessary to notify adjacent landowners and the public;

(4)    Each notice shall include the date, time and place of the public hearing; the name of the applicant; a legal description of the location of the proposed subdivision, and either a vicinity location sketch or a location description in nonlegal language; and the nature of the requested or proposed use. (Ord. 1367 §20, 1995: Ord. 979 §3.04, 1975).

16.12.050 General requirements.

The preliminary plat shall include the following:

(1)    The proposed name of the subdivision; names shall not closely resemble those of existing subdivisions, nor shall given names or initials be used with surnames in a plat name;

(2)    The location of boundary lines in relation to section, quarter-section, and quarter-quarter-section lines and any adjacent corporate boundaries of the city which are a part of the legal description of the property;

(3)    The names and addresses of the subdivider and the engineer, surveyor, landscape architect, or other person making the plat;

(4)    The scale of the plat, which shall not be less than fifty feet to the inch, nor more than one hundred feet to the inch;

(5)    The date of submission and the north point. (Ord. 979 §3.05, 1975).

16.12.060 Specific requirements.

The preliminary plat shall specifically include the following:

(1)    The location, width and name, if any, of each existing or platted street, other rights-of-way, parks, playgrounds, other open spaces, schools, and permanent buildings within the proposed subdivision;

(2)    The names of adjacent subdivisions and the location and names of all adjacent streets;

(3)    The topography at an appropriate contour interval, unless specifically waived by the city engineer, the location of all natural watercourses, and other physical features pertinent to the subdivision;

(4)    The layout, number and approximate dimensions of lots, and the number of blocks;

(5)    The indication of any lots on which a use other than residential is proposed by the subdivider;

(6)    The indication of any portion or portions of the plat for which successive or separate final plats are to be filed;

(7)    An environmental impact statement, if required by RCW 43.21C.030. (Ord. 979 §3.06, 1975).

16.12.070 Vicinity sketch required--Items to be shown.

The vicinity sketch shall be at a legible scale and shall show the relationship of the proposed plat to existing schools, parks, shopping centers, and other like facilities.

The city engineer may require the submission of two copies of the proposed street grades where in his opinion conditions so warrant. The public works superintendent may require the submission of two copies of the proposed general layout and dimensions of water, sanitary sewer, drainage, lighting, and fire protection facilities and easements. (Ord. 979 §3.07, 1975).

16.12.080 Hearing--Public record.

All hearings shall be public. Records of all public meetings and public hearings shall be kept in the office of the city clerk-controller and shall be open to public inspection. Written findings of fact shall be made by the hearing examiner on each item. (Ord. 1367 §21, 1995: Ord. 979 §3.08, 1975).

16.12.090 Recommendation of approval or disapproval by hearing examiner.

After the public hearing and any extension thereof and the closing of the written record, the hearing examiner shall issue a written decision in relation to the matter of the preliminary plat. If the hearing examiner finds that the proposed subdivision conforms to the general purposes of the comprehensive plan of the city, to the city's planning standards and specifications, and any other applicable laws, rules, regulations, or policies, the hearing examiner may recommend that the city council approve the preliminary plat. Such recommendation of approval may include conditions upon such approval. Where disapproval is recommended, the hearing examiner shall set forth the reasons for disapproval. The hearing examiner shall use all reasonable efforts to issue a written decision as to recommendations within thirty calendar days of the closing of the public hearing or of the written record, whichever shall be later. The recommendation shall include findings of fact, conclusions and the recommendation. The decision shall be filed with the office of the administrator, who shall take such steps as may be necessary to serve a copy of the written decision upon the applicant and any person or entity who or which has provided a written request with appropriate mailing instructions for receipt of a copy of the decision when issued. The office of the administrator shall attempt to transmit the decision within five working days of its filing. The administrator shall also take such steps as may be necessary to formally inform the mayor and city council of the issuance of the decision by providing a written copy of the decision to the mayor and each councilmember. The hearing examiner may recommend that the proposed plat be approved, approved conditionally or disapproved. (Ord. 1367 §22, 1995: Ord. 979 §3.09, 1975).

16.12.100 Council hearing--Notice required.

Upon receipt of the hearing examiner's recommendations on any preliminary plat, the city council shall at its next public meeting set the date for a public meeting where it may adopt or reject the hearing examiner's recommendations. It may decide to act upon the record submitted by or generated through the involvement of the hearing examiner or may decide to seek additional public comment through the holding of a public hearing. If, after considering the matter at a public meeting or, if a hearing is held, after the public hearing, the city council deems a change in the hearing examiner's recommendation approving or disapproving any preliminary plat is necessary or appropriate, the change in recommendation shall not be made until the city council adopts its own recommendations and approves or disapproves the preliminary plat.

If the council determines it appropriate to hold its own public hearing, that public hearing may be held before a committee constituting a majority of the city council. If the hearing is before a committee, the committee shall report its recommendations on the matter to the city council for action.

Notice for a public hearing before the city council, as authorized by this section, shall be advertised in a newspaper of general circulation in Grays Harbor County at least once not less than ten days prior to the hearing. The notice shall state the date, hour and place of said hearing, and the purpose thereof, as set forth in Section 16.12.040. (Ord. 1367 §23, 1995: Ord. 979 §3.10, 1975).

16.12.110 Conditions for approval or disapproval-- Council authority.

(a)    The city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and that the public use and interest shall be served, then the plat shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the city council may disapprove the proposed plat.

(b)    Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat.

(c)    The city council shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners.

(d)    City council approval of a preliminary plat, after hearing as provided in Section 16.12.100, shall not guarantee final approval of the plat or subdivision and shall not constitute an acceptance of the subdivision, but shall be deemed to authorize the subdivider to proceed with the preparation of the final plat along the lines indicated in the preliminary plat.

(e)    Approval of the preliminary plat shall be operative for twenty-four months from the date of approval by the city council during which time a final plat or plats may be submitted.

(f)    The city council may extend the approval period or may require that the preliminary plat must be resubmitted after the expiration of the approval period. (Ord. 979 §3.11, 1975).

16.12.120 Land conditions requiring additional consideration.

The city council shall consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

No plat shall be approved covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the Department of Ecology of the state of Washington. (Ord. 979 §3.12, 1975).

16.12.130 Time limitation for approval or disapproval of plats--Extensions.

(a)    Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from the date of filing thereof; this contemplates that both the commission and the city council shall have taken action thereon, unless the applicant consents in writing 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 commission and the city council.

(b)    Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents in writing to an extension of such time period. (Ord. 979 §3.13, 1975).