Chapter 16.22 Long Plat

The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Binding site plan" means a drawing of the division of land for sale or lease which is intended for commercial or industrial use.

"Boundary/lot line adjustments" means a plan made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which:

(1) Contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

(2) Violates restrictive covenants contained on the face of a final plat, short plat, binding site plan, or other land division;

(3) Violates approval; or

(4) Does not have legal access.

"Council" means the city council of this city.

"Dedication" means the deliberate appropriation of land by its owner for general and public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted.

"Department" means the department of public works. "Director" means the director of the department or his or her designee.

"Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for final plats in this chapter and as required by state law.

"Hearing examiner" means the hearing examiner operating pursuant to the powers and duties set forth by this code.

"Preliminary plat" means a neat approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

"Right-of-way" means land dedicated or conveyed to the public or a unit of government, for the primary purposes of providing for the movement of vehicles and pedestrians and providing for access to adjacent parcels, or providing space for utility lines and appurtenances and other devices and facilities benefiting the public.

"Tract" means a fractional part of subdivided lands having fixed boundaries, which is dedicated or reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open space, drainage, or other purposes necessary to the public welfare. (Ord. 1383 §1, 1996).

16.22.020 Purpose.

This chapter is adopted in furtherance of the comprehensive plan of the city. It is declared that the regulations contained in this chapter are necessary to:

(1) Promote the health, safety, and general welfare in accordance with standards established by the state and the city;

(2) Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for the provision of such services;

(3) Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within a subdivision with existing and planned streets in the surrounding community;

(4) Provide for adequate light and air;

(5) Provide for water, sewage, drainage, parks, and recreational areas, sites for schools and school grounds, and other public requirements;

(6) Provide for proper ingress and egress;

(7) Provide for housing and commercial needs of the community;

(8) Require uniform monumenting of land divisions and conveyance of accurate legal descriptions;

(9) Protect environmentally sensitive areas;

(10) Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas;

(11) Private property shall not be taken for public use in any manner contrary to law without just compensation having been made. The rights of landowners and the citizenry at large shall be protected from arbitrary and discriminatory actions. (Ord. 1383 §2, 1996).

16.22.030 Interpretation--Conflict.

(a) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. More stringent provisions may be required if it is demonstrated that different standards are necessary to promote the public health, safety, and welfare.

(b) Where the conditions imposed by any provisions of this chapter are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other applicable law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern. (Ord. 1383 §3, 1996).

16.22.040 Violations, enforcement and penalties.

(a) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed of record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or any amendment thereto, shall be guilty of a gross misdemeanor punishable by a fine of not more than five thousand dollars for each offense. Each such sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land shall be deemed a separate and distinct offense; provided, however, an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval shall not be deemed in violation of this chapter if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. 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 the seller shall be permitted until the final plat is recorded.

(b) The city, through its authorized agents, may commence an action to restrain and enjoin violations of this chapter, or of any term or condition of plat approval prescribed by the city, and compel compliance with the provisions of this chapter, or with such terms or conditions as provided by RCW 58.17.200 and 58.17.320, as now existing or hereafter amended, supplemented, or succeeded. The costs of such action may be taxed against the violator. (Ord. 1383 §4, 1996).

16.22.050 Preapplication conference.

For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the developer may request a preapplication conference in accordance with the following requirements:

(1) At the request of the applicant, the director shall schedule a preapplication conference. The preapplication conference shall allow the applicant to meet with appropriate representatives of the city departments and other agencies.

(2) Applicants seeking a preapplication conference shall submit information describing the site, location, topography of the site, and a general concept plan indicating the layout of streets and lots. Information relating to the location and size of utilities shall also be provided. This information shall be provided ten days prior to the preapplication conference.

(3) A brief written summary of the preapplication conference shall be provided by the director within ten working days of the final meeting.

(4) The applicant may be charged reasonable fees for a preapplication conference. These fees shall be established by action of the council through the adoption of a resolution setting forth the fees and charges.

(5) The preapplication conference is advisory only and neither the proponent nor the technical staff shall be bound by any determinations made therein. (Ord. 1383 §5, 1996).

16.22.060 Boundary line adjustments.

(a) Scope.

(1) Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing lots. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments.

(2) Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations.

(3) Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations.

(4) All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter.

(5) Existing easements are not jeopardized, or rendered impractical, to serve their purpose.

(b) Review Process. The director of public works shall administratively approve boundary line adjustments pursuant to this subsection. No other review process under this chapter shall be required for boundary line adjustments unless required by other provisions of this code or state law for environmental considerations.

(c) Applications. Applications for boundary line adjustments shall be submitted to the department of public works as follows:

(1) Two completed lot line adjustment applications on forms available at the office of the director of public works;

(2) Three copies of the lot line adjustment map with legal descriptions in accordance with standards adopted by resolution;

(3) The amount of any filing fee shall be established by the city council pursuant to such periodic resolution as the council from time-to-time updates and approves;

(4) A certificate of title from a reputable title company containing a legal description of the property on both sides of the lot line to be adjusted and confirmation that the title of the property belongs to the applicants.

The applications shall include the following information:

(A) If applicable under the provisions of this code or state law regarding environmentally sensitive areas, completed checklists, or other required environmental documentation,

(B) The existing lot lines shown in dashed lines and the area, in square feet, of each of the lots,

(D) The location of all structures on the lots and the distance of each from both the existing and proposed lot lines, when such distance is less than fifty feet,

(E) The location of all existing driveways and recorded easements for access, utilities, or other purposes as well as any utility located upon the property which is situated without a recorded easement,

(F) A revised map shall be submitted to the department of public works which contains:

(i) Acknowledged signatures of all parties having an interest in lots whose lines are being adjusted,

(ii) Adjusted legal descriptions of the affected lots, and

(iii) A signature of the title company or licensed surveyor describing the adjusted lot lines.

(d) Processing of Applications. The director shall undertake the consideration of the completed application. After review and upon finding that the application complies with the requirements and provisions of this section, the director shall certify that the proposed boundary line adjustment conforms to the requirements of this section and affix the director's signature to the revised land division map prior to recording. If all conditions described in this section are not met, the application shall be rejected.

The director shall prepare a written decision with supporting facts and reasons within fourteen calendar days of receipt of the application. A copy of the director's decision shall be mailed to the applicant, and delivered to the city clerk-controller within three days of the decision.

(e) Appeal from Director's Decision. Any person aggrieved by the decision of the director may request a review of the decision by the city council. The requests for review must be made in writing to the council within twenty days of the date of the director's decision and shall be processed in the same manner as requests for review of decisions of the hearing examiner for decisions relating to appeals of administrative decisions, as described in Chapter 17.47 of this code.

(f) Recordation. All approved boundary line adjustments shall be recorded with the county auditor in the same manner as a short subdivision. Such recorded document shall reference the recording number of the plat or short plat which is being altered by the boundary line adjustment and include any additional or modified covenants. The applicant shall provide the city with a copy of the recorded lot line adjustment.

(g) Fees. The applicant may be charged reasonable fees for this process. These fees shall be established by action of the council through the adoption of a resolution setting forth the fees and charges. (Ord. 1383 §6, 1996).

16.22.070 Binding site plans--Subdivisions requiring binding site plan.

Divisions of land for commercial or industrial uses being done for sale or lease and which are zoned properly for such uses shall be required to obtain an approved binding site plan in accordance with the ordinance codified in this chapter and other ordinances of the city. (Ord. 1383 §7, 1996).

16.22.080 Binding site plans--Application.

(a) Applications for binding site plans shall be submitted in the same content and form as stipulated for short subdivisions.

(b) Applications shall be at a scale of no less than one inch equals one hundred feet and shall clearly show lot and parcel sizes, building envelopes, open space and buffers, road rights-of-way (whether public or private), utility easements, and other information pertinent to the development as required by the director of public works.

(d) The applicant may be charged reasonable fees for this process. These fees shall be established by action of the council through the adoption of a resolution setting forth the fees and charges. (Ord. 1383 §8, 1996).

16.22.090 Binding site plans--Plan review.

Binding site plans shall be reviewed for conformance with zoning standards, design criteria, developmental standards, and any other applicable rules or regulations of the city and state law. (Ord. 1383 §9, 1996).

16.22.100 Binding site plans--Recordation.

(a) Approved applications shall be recorded by the city with the county auditor. All fees for such recording shall be paid by the applicant. A copy of the documents, stamped with the recording number, shall be forwarded to the county assessor for assessment purposes:

(b) Binding site plans shall be recorded consistent with RCW 58.09, as now existing or hereafter amended, succeeded, or supplemented. (Ord. 1383 §10, 1996).

16.22.110 Binding site plans--Identification of other restrictions.

Where the binding site plan is governed or regulated by a specific zoning ordinance, the number of such ordinance shall appear on the face of the binding site plan. Additionally, the recording number of any covenants, deeds, or restrictions which affect the property shall be shown on the face of the binding site plan. (Ord. 1383 §11, 1996).

16.22.120 Long subdivisions--Application--General procedure.

The general procedure for processing an application for a subdivision consists of seven steps as follows:

(1) A preapplication conference between the proponent and city staff to discuss land use, site design, transportation, and environmental issues if the applicant requests it;

(2) Review of the preliminary plat application by the city staff to determine whether or not the application is acceptable for filing;

(3) Review of the proposed preliminary plat by the responsible official in order to insure compliance with the state environmental policy act, RCW 43.21.010, et seq., the environmental policies and impact mitigation provisions adopted by the city, and any other applicable federal or state law, including shoreline protection;

(4) Submission of the proposed preliminary plat along with the comments or recommendations of interested departments or agencies to the hearing examiner for public hearing;

(5) Submission of the preliminary plat and recommendation of the hearing examiner to the city council for approval or disapproval;

(6) Review of the final plat by the city staff; and

(7) Approval of the final plat for recording as indicated by the signature of the mayor thereon. (Ord. 1383 §12, 1996).

16.22.130 Long subdivisions--Application--Content and form.

(a) An application for approval of a preliminary plat shall be made to the director by filing the application with the office of the clerk-controller upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent or agents. The owner or owners of all parcels to be included must join in or be represented in the application.

(b) The application shall be accompanied by the following information:

(1) Ten prints and one reproducible sepia of the proposed preliminary plat drawn to a scale of one inch equals one hundred feet or larger. The preliminary plat drawing shall include the following specific information:

(A) Proposed name of the plat,

(B) Location by section, township, range, and/ or by other legal description,

(D) Name, address and phone number of each property owner,

(E) Name, address and phone number of registered land surveyor,

(F) Scale of plat, date and north point,

(G) Existing topography of the land indicated by contours of two-foot intervals for slopes less than twenty percent and five-foot intervals for slopes of twenty percent or greater,

(H) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, and bodies of water,

(I) Comprehensive plan and zoning classification of the proposed plat and adjoining properties,

(J) Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least three hundred feet around the perimeter of the property proposed for subdivision,

(K) Location, widths, and names of existing or prior platted streets, railroad or utility rights-of-way or easements, parks or other public spaces, existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat,

(L) Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades and location,

(M) Layout of proposed streets, pedestrian walkways and easements,

(N) Layout, number and dimensions of proposed lots,

(O) Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision,

(P) Building setback lines,

(Q) The location and size of all ditches, culverts, catch basins, and other parts of the design for the control of surface water drainage,

(R) Typical roadway sections, and

(S) Vicinity map indicating the proposed subdivision's relation to the area;

(2) A copy of the current county quarter section map for the appropriate area;

(3) Two lists of the names and addresses of all owners of real property, as shown by the records of the county assessor, and occupants of all real property located within three hundred feet of any portion of the boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. The lists shall be provided on address labels;

(4) Two eight and one-half-inch by eleven-inch film positives and paper positives of the preliminary plat map;

(5) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for construction of each division;

(6) A complete environmental checklist pursuant to environmental policy;

(7) Additional information as required at the discretion of the director of public works.

(c) Upon submittal of the preliminary plat application, the applicant shall tender payment of required fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The purpose of such fees is to defray the city's cost in processing the application. (Ord. 1383 §13, 1996).

16.22.140 Long subdivisions--Application--Conformance with zoning code, zoning maps.

All applications for preliminary plat approval shall be in conformance with the zoning code and official zoning maps of the city. In the event an amendment to the zoning code and/or a change in the zoning maps is required to assure such conformance, the director shall require that the appropriate applications for such change be submitted so that such requests may be considered concurrently. (Ord. 1383 §14, 1996).

16.22.150 Long subdivisions--Application--Acceptance –Routing.

(a) Upon submittal of completed preliminary plat application, the director shall transmit at least one copy of the plat for review and recommendation to each of the following:

(1) Public works department;

(2) Fire department;

(3) Police department;

(4) Grays Harbor health department, if deemed appropriate;

(5) Utility companies proposed to provide electricity, telephone, natural gas, cable television and solid waste collection;

(6) Planning commission.

(b) A preliminary plat application shall not be deemed complete and accepted for filing for the purpose of official processing until:

(1) The clerk-controller determines that the applicant has paid all fees and has been informed by the director that the applicant has submitted all documents and information as required herein to permit a full public hearing upon the merits of the application;

(2) The director has received notice of availability from the department of public works for sewer and water, as appropriate. (Ord. 1383 §15, 1996).

16.22.160 Long subdivisions--Application--Completion of environmental policy process.

A preliminary plat application will not be scheduled for public hearing until the State Environmental Policy Act review process has been completed; provided that, to the extent reasonably practicable and as required by applicable law, the process shall be carried out concurrently. (Ord. 1383 §16, 1996).

16.22.170 Long subdivisions--Application--Process for review; notice of public hearing.

(a) Upon confirmation by the director of public works that the preliminary plat application is complete and that all pertinent requirements of the environmental policy have been fulfilled, the application shall be processed and reviewed following the procedures set forth in this chapter and the provisions relating to hearings before the hearing examiner.

(b) In addition to the requirements of subsection (a) of this section, notice of the hearing shall be mailed to appropriate city or county officials if the proposed plat lies within five hundred feet of the adjoining city or county boundary, and to all agencies or private companies which received copies of the preliminary plat pursuant to this chapter. Additionally, notice shall be mailed to the State Department of Transportation if the proposed plat abuts a state highway.

(c) All notices required in this section shall clearly describe, in layman's terms, the nature of the request, the location of the proposal, the date, time, and location of the hearing, and an address and phone number where additional information may be obtained relative to the application. (Ord. 1383 §17, 1996).

16.22.180 Lonq subdivisions--Application--Report to hearing examiner; review.

(a) No less than seven days prior to the date of the public hearing, the director of public works may submit to the hearing examiner a written report summarizing the application. The report may contain such information as may be deemed appropriate including:

(1) A notice of availability from the public utilities department as appropriate;

(2) If the subdivision is to contain one or more septic systems, a letter from the county health department regarding the adequacy and safety of such system/s;

(3) All communications from other agencies or individuals relating to the application which were received in time to be included in the report to the hearing examiner;

(4) A list of recommendations from the director of public works, the fire department, the police department, and other appropriate departments and utilities relating to alterations or conditions of plat approval; and

(5) As may be applicable, a copy of the declaration of nonsignificance, mitigated declaration of non-significance, draft environmental impact statement, or final environmental impact statements, along with a list of any required mitigation measures issued by the responsible official.

(b) The hearing examiner shall review the preliminary plat for compliance with any and all applicable regulations, design criteria, development standards, ordinances, or regulations of city or state law. Within the time period established for issuance of reports or decisions by the hearing examiner, the hearing examiner shall issue a written report in relation to the application containing such findings, conclusions, and recommendations as may be deemed appropriate. (Ord. 1383 §18, 1996).

16.22.190 Long subdivisions--City council review, action.

(a) Following receipt of the final report and recommendations of the hearing examiner, a date shall be set for a public meeting before the city council.

(b) The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner and the hearing examiner's written report, and for compliance with review criteria set forth in this code, including this section; provided, the council may choose to schedule its own public hearing on the application.

(c) Any interested party who feels that the hearing examiner's recommendations were based on error of procedure, of fact or of law, may submit a written request to the city council that the application be remanded back to the hearing examiner for reconsideration. The city council may consider this request as part of the record at its public meeting. This written request must be submitted no less than five working days prior to the date of the council meeting. To the extent reasonably possible, prior to the public meeting at which the request will be considered, a copy of any such request will be provided to the applicant, if made by someone other than the applicant as well as to any other interested party having filed a request for the provision of such requests.

(d) After considering the written record and recommendations of the hearing examiner and any properly submitted requests for reconsideration by interested parties, the city council may adopt the hearing examiner's recommendations with minor modifications as provided in subsection (e) of this section, remand the matter back to the hearing examiner for further consideration, or schedule a public hearing before the city council. The city council shall not substantially modify the recommendation of the hearing examiner without first referring the matter back to the hearing examiner or conducting its own public hearing on the application.

(e) As part of the final review, the city council may require or approve a minor modification to the preliminary plat if:

(1) The change will not have the effect of increasing the residential density of the plat;

(2) The change will not result in the relocation of any access point to an exterior street from the plat by more than one hundred feet from its original position;

(3) The change will not result in any loss of open space area or buffering provided in the plat; and

(4) The council determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. (Ord. 1383 §19, 1996).

16.22.200 Long subdivisions--Approval--Effect--Duration of approval.

(a) Approval of the preliminary plat by the city council shall constitute acceptance of subdivision layout and design and shall include all conditions, restrictions, and other requirements adopted by the council as part of plat approval. City council approval of a preliminary plat shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the city.

(b) Prior to construction of improvements pursuant to preliminary plat approval, engineering drawings for public improvements in accordance with design (development) standards as per Section 16.22.290 shall be submitted for review and approval to the department of public works. No permits to begin construction or site work shall be granted until final approval of all utility plans, including storm drainage, the payment of all pertinent fees, and the submittal of performance securities as may required.

(c) Preliminary plat approval shall expire five years from the date of city council approval unless substantial progress has been made toward completion of the entire plat, or the initial phase of the plat, if the preliminary approval included phasing; provided that, if state law then existing grants to the city the authority to extend that time period, upon submission of an application for extension filed with the office of the clerk-controller by the applicant or his/her/its successor at least thirty days prior to the date of expiration, in its sole discretion, the council may extend the approval for such period as it deems appropriate up to the maximum which may be allowed by then existing law. (Ord. 1383 §20, 1996).

16.22.210 Long subdivisions--Final plat--Submission.

(a) The set of reproducible mylar drawings and five sets of blueline copies thereof shall be submitted to the director, together with additional information and documentation as required in Section 16.22.220.

(b) The director shall route the drawings to the appropriate departments and agencies for review.

(c) If the final plat is found to be incomplete or contain inaccurate information, the building official shall return the mylar to the owner or his or her representative for correction. (Ord. 1383 §21, 1996).

16.22.220 Long subdivisions--Final plat--Contents.

(a) All final plats shall contain the following information:

(1) Name of plat;

(2) Location by section, township, range and/or other legal description;

(3) The name and seal of the registered land surveyor responsible for preparation of the plat, and a certification on the plat by the surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located, and that all dimensional and geodetic details are correct;

(4) The scale, shown numerically and graphically, meridian and north point. The scale of the final plat shall be determined by the building official in order that all distances, bearings, and other data can be clearly shown;

(5) The boundary line of the plat, based on an accurate traverse, with angular and linear dimensions;

(6) Exact location, width, number or name of all streets, alleys, and walks within and adjoining the plat, and all easements and dedications for rights-of-way provided for public services or utilities;

(7) True courses and distances to the nearest established street lines or official monuments which shall accurately locate the plat;

(8) Building setback lines if in a cluster subdivision;

(9) Municipal, township, county, or section lines accurately tied to the lines of the plat by distances and courses;

(10) Radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs;

(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet. Blocks in numbered additions to subdivisions bearing the same name may be numbered or lettered consecutively through the several additions;

(12) Accurate locations of all monuments. One such monument shall be located at each street intersection, point of curvature, and at location to complete a continuous line of sight, and at such other locations as required by the provisions of RCW 58.17.240 and by the department of public works;

(13) All plat meander lines or reference lines along bodies of water shall be established above, but not farther than twenty feet from the high-water line of such water;

(14) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon and in the dedication; and/ or any area to be reserved by deed covenant for common uses of all property owners;

(15) A full and correct legal description of the property platted;

(16) Restrictions or conditions on the lots or tracts in the plat required by the hearing examiner or city, council;

(17) All signatures on the final plat mylar shall be in reproducible black ink;

(18) The location of all utility lines or facilities, including by way of illustration and not limitation, water, sewer, electrical and storm drainage utilities;

(19) Additional pertinent information as required by the director of public works; and

(20) A drainage release releasing the city from claims for injury or damage resulting from the storm drainage system to be installed and indemnifying the city from claims brought by anyone, including downstream owners, based on the operation, failure to operate, improper design, or improper construction.

(b) In addition to the above requirements, the final plat shall be accompanied by the following information; provided that, any approval given by a public agency or official shall be for the benefit of the city only and shall not be a basis for reliance by any other party or person nor the basis for any action against the city, its agents or employees:

(1) A copy of any deeds, covenants, conditions, or restrictions, together with a copy of the documents which establish and govern any homeowners' association which may be required;

(2) A statement of approval from the director of public works as to the survey data, layout of streets, alleys, and other rights-of-way, bridges and other structures;

(3) Where appropriate, a statement of approval from the department of public works as to the water system;

(4) Where appropriate, a statement of approval from the department of public works as to the sewer system;

(5) Where appropriate, a statement of approval from the Grays Harbor county department of public health as to the on-site sewage control system;

(6) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections;

(7) A certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged;

(8) A certificate stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners;

(9) A current (within sixty days) title company certification of:

(A) The legal description of the total parcel sought to be subdivided,

(B) Those individuals or corporations holding an ownership interest in such parcel,

(D) Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by auditor's file number and/or recording number. (Ord. 1383 §22, 1996).

16.22.230 Long subdivisions--Final plat--Improvements; completion or guarantee.

(a) Prior to approval of the final plat:

(1) The applicant shall complete all required improvements including streets, sidewalks, bikeways, landscaping, storm drainage, water, sewer, street lighting, underground utilities, monumentation, and other improvements which may be required by the hearing examiner or city council.

(A) All improvements will be inspected by the director of public works or representative. The applicant will provide fourteen calendar days notice to the city prior to inspection requirements; provided that, the city may waive the requirement of such notice, in its sole discretion.

(B) The cost of all inspections shall be borne by the applicant, including inspection, management, clerical time, and professional consulting services if applicable. The applicant shall be responsible to provide a surety satisfactory to the city in the amount equal to one hundred twenty-five percent of the cost of inspection. The inspection cost will be estimated by the director of public works. In lieu of such surety, the applicant can place into escrow the amount equal to two monthly payments to the city for inspection costs. Failure to make monthly payments to the city of Montesano for inspection on a regular basis is cause for suspension of the work.

(C) The applicant may, at the option of the city, provide inspection services using a professional engineering firm. The responsible firm shall certify that the work was completed in conformance with the contract documents. The qualifications of the firm must be submitted to the city with the level of inspection outlined and the firm's errors and omissions insurance carrier for approval.

(2) As built drawings, plans, and specifications, as appropriate of the improvements required under the provisions of the preliminary plat shall be filed with the director. These drawings must be to the reasonable satisfaction of the director before they are accepted by the director.

(b) In lieu of the completion of the actual construction of required improvements prior to final plat approval, with the approval of the city council, the applicant may post suitable security in a form and of a nature satisfactory to and approved by the city council after approval as to form by the city attorney and in an amount to be determined by the city council, upon the recommendation of the director of public works, sufficient to guarantee actual construction and installation of such improvements within one year of final plat approval. The amount of the security for completion shall not be less than one hundred twenty-five percent of the director of public works' estimate of the cost of such improvements.

(c) Prior to the acceptance by the city of the constructed improvements, the applicant shall post suitable security in a form approved by the city attorney of a nature satisfactory to and approved by the city council and in an amount to be determined by the director of public works guaranteeing the repair or replacement of any improvements or any landscaping which proves defective or fails to survive within a minimum two-year time period after final acceptance of the improvements or landscaping. (Ord. 1383 §23, 1996).

16.22.240 Long subdivisions--Final plat--Approval and filing.

(a) Following approval of the construction of required improvements or the submittal of approved security in lieu of the improvements, the director of public works shall forward the final plat to the city council for approval.

(b) The city council, in a public meeting, shall make written findings that the final plat is in substantial conformance with the preliminary plat and is in conformity with applicable zoning ordinances or other land use controls; that all conditions of the hearing examiner and/or city council have been satisfied; that all required improvements have been made and maintenance and bonds or other security for such improvements have been submitted and accepted; and that all taxes and assessments owing on the property being subdivided have been paid. If the city council makes such findings, then the plat shall be approved for recording.

(c) The approved and signed final plat, together with all legal instruments pertaining thereto as required herein, shall be recorded in the auditor's office. All fees for such recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county assessor for assessment purposes. Final plats shall be recorded consistent with applicable law, including RCW 58.09. (Ord. 1383 §24, 1996).

16.22.250 Replats--Vacations--Alterations.

(a) Replat Generally. A replat of a recorded plat shall proceed as specified by this title for approval of a preliminary plat except as modified by this chapter.

The applicant may be charged reasonable fees for this process. These fees shall be established by action of the council through the adoption of a resolution setting forth the fees and charges.

(b) Multiple Ownership. Where the lots within a recorded plat are held in more than one ownership, the application for replat shall not be accepted by the city for processing unless accompanied by the signatures of all property owners within the plat whose lot boundaries would be altered or affected by the replat. A title report or plat certificate, showing the names of all persons with a real or possessory interest in the plat whose lot boundaries would be affected by the replat and any restrictions encumbering the land, shall be submitted with the application for replat.

(c) Alteration of Installed Improvements. Whenever a replat will involve the relocation, removal, or reconstruction of existing plat improvements or open space, the whole of the land embraced in the plat(s) proposed to be replatted shall constitute an assessment district for the purposes of financing said relocation, removal, or reconstruction. Assessment rates and requirements shall be established by the council at the time of replat approval.

(d) Recording. Any replat shall be filed and recorded with the county auditor and shall thereafter be the lawful land division and substitute for all former plats; provided, that, should a plat be vacated and not otherwise altered or replatted, it shall only be necessary to file with the county auditor the order, resolution, or ordinance vacating the same, and the auditor shall thereupon note upon the original plat the part thereof so vacated.

(e) Power of Council Not Affected. Nothing in this chapter shall in any way change, limit, or affect the power now vested in the council to vacate streets and parts of streets.

(f) Land Division Vacation. Land division vacations shall be approved in accordance with RCW 58.17.212.

(g) Land Division Alterations. As to short subdivisions, six paper prints of the proposed amendment as well as the same number of paper prints of the original land division shall be filed with the department of public works along with a nonrefundable application fee as indicated within the fee structures. In the case of long subdivisions, nine copies of both the original design and the amended one shall be required. A note must be placed on the proposed amendment which states: "this amended short plat supersedes Short Plat Number ," or "this amended subdivision or binding site plan amends the plat or binding site plan of ," and the note must also specify the changes. All city and/or county requirements and conditions, as stated on the original land division must be stated on the amended land division.

All city and county departments and review bodies having approval authority on the original land division shall be required to review and sign the amended document before the department of public works may approve the amendments.

The clerk-controller's office must signify that the current real estate taxes are paid before the department of public works approves the amended document and it is recorded. Upon recording, the amended document is deemed approved by the city.

The department of public works may approve an amendment to a land division relating only to the survey, such as an error in the bearing, but not affecting the boundaries or conditions of the land division. It may be recorded with the auditor without receiving other departmental approval. (Ord. 1383 §25, 1996).

16.22.260 Lot consolidations.

In cases where multiple lots, parcels, or tracts will all be used for one building site, and in particular those cases where a structure is proposed to be built across a property line, the lots, parcels, or tracts shall be consolidated into one lot, parcel, or tract. The consolidation shall be prepared by the owner(s) or their representative and reviewed by the department of public works in the same manner as a boundary/lot line adjustment, and shall be recorded at the office of the county auditor. (Ord. 1383 §26, 1996).

16.22.270 Deviations from requirements.

(a) Purpose. Any applicant may seek a deviation from the provisions listed within this chapter where it appears that there exists extraordinary conditions of topography, access, location, shape, size, drainage, or other physical features of the site or other adjacent development.

(b) Applicability. A deviation from any requirements of Sections 16.22.120 through 16.22.240 of this chapter may be requested. Deviations from other provisions of this chapter may not be applied for or granted; provided, that the director of public works may approve a deviation from the requirements of this chapter as to specific site conditions without a variance, if said deviation is justified on the basis of topography or other special or unique conditions attending the development site.

(c) Application Procedure. Any development which includes a request for one or more variances authorized by this chapter shall be accompanied by a statement setting forth in detail any such variance and the reasons therefor. The department of public works shall not process any application not meeting the requirements of this chapter unless a variance or deviation has been concurrently requested.

(d) Procedure for Approval. Unless exclusive jurisdiction for granting the variance is granted to the director by subsection (b) of this section, the hearing examiner shall consider a variance request concurrently with the land division or plan to which it applies. The hearing examiner shall act on all requested modifications prior to acting upon the plat or short plat to which they apply. The hearing examiner shall detail his findings with respect to requested variances. At no time shall the hearing examiner's action on a variance be finalized unless accompanied by the hearing examiner's action on the land division or plan, or short plat, or vice versa.

(e) Conditions for Granting. The sole purpose of any variance shall be to prevent discrimination. No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity under similar circumstances. To grant a variance, the hearing examiner shall determine whether the following conditions apply to the requested variances:

(1) There are exceptional or extraordinary circumstances or conditions which apply to the land referred to in the application which do not apply generally to lands in the vicinity. These include, but are not limited to, size, shape, topography, location, or surroundings;

(2) The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

(3) The granting of the application will not, under the circumstances of the particular case, affect adversely the health or safety of persons residing or working in the neighborhood of the property referred to in the application and will not be detrimental to the public welfare or injurious to property or improvements in the neighborhood or adversely affect the comprehensive plan.

(f) Imposition of Conditions. As a part of approving any variance, the staff may propose and/or the hearing examiner may impose appropriate conditions and safeguards.

(g) Written Record. A written record of the hearing examiner's findings shall be made and they shall be a matter of public record. (Ord. 1383 §27, 1996).

16.22.280 Principles of interpretation.

(a) Conflict. In the event of a conflict, the following principles shall govern:

(1) Public Provisions. The regulations listed in this chapter are not intended to interfere with, or abrogate, any other city ordinance, rule, regulation, statute, or other provision of law. Where any provision of the regulations listed in this chapter imposes restrictions different from those imposed by any other provisions of the regulations listed in this chapter, or any other city ordinance, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.

(2) Private Provisions. The regulations listed in this chapter are not intended to abrogate any easement, covenant, or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than the easement, covenant, or other private agreement or restriction, the requirements of the regulations listed in this chapter shall govern. Where the provisions of the easement, covenant, or private agreement or higher standards than the requirements of the regulations listed in this chapter, or the determination of the hearing examiner or the city council in approving a subdivision, or enforcing these regulations and the private provisions that are not inconsistent with these regulations or determinations under this chapter, then the private provisions shall be operative and supplemental to the regulations and determinations made under this chapter.

(b) City Not Liable.

(1) Notwithstanding any language used in this chapter and enacted in this chapter or in any previous ordinances, it is not the intent of this chapter to create a duty and/or cause of action running to any individual or identifiable person, but rather any duty is intended to run only to the general public.

(2) It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or a group of persons who will or should be especially protected or benefited by the terms of this chapter.

(3) It is the specific intent of this chapter that no provision nor term used in this code is intended to impose any duty whatsoever upon the city or any of its officers or employees, for whom the implementation or enforcement of this code is discretionary and not mandatory.

(4) Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city or its officers, employees, or agents, for any injury or damage resulting from the failure of a plat to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement of this chapter, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees, or agents. (Ord. 1383 §28, 1996).

16.22.290 Design standards.

Design standards shall be such as may from time to time be adopted by action of the council. In the absence of any such standards, the following shall control:

(1) Water -- A.P.W.A. and A.W.W.A. (American Water Works Association) and State Department of Health.

(2) Sewer -- Washington State Department of Ecology standards, A.P.W.A. (American Water Works Association) standards, and the Environmental Protection Agency of the United States standards.

(3) Streets -- W.S.D.O.T. (Washington State Department of Transportation) standards and the A.P.W.A. (American Public Works Association, Washington State Chapter) standards.

(4) Storm Sewer -- D.O.E., S.W.D.O.T., and A.P.W.A. standards.

(5) Miscellaneous -- The adopted standards of other associations as deemed appropriate. (Ord. 1383 §29, 1996).