Chapter 16.12
FINAL PLAT
Sections:
16.12.020 Authority to approve and procedure.
16.12.030 Submittal requirements.
16.12.050 Modifications to an approved final plat.
16.12.010 Purpose.
A final plat process is necessary to finalize and record a plat that is creating 10 or more lots that has already completed the preliminary plat process per Chapter 16.08 MVMC. (Ord. 3428 § 39, 2008).
16.12.020 Authority to approve and procedure.
A. Final plat applications are processed as a Type V permit pursuant to Chapter 14.05 MVMC, with the city council making a final decision without a public hearing.
B. Following are the procedural steps required for the city to process a final plat application:
1. Following approval of the preliminary plat by the city council, the applicant, if they wish to proceed with the subdivision, shall submit to the community and economic development department complete sets of construction plans and specifications showing all improvements as required by the city council in granting the preliminary plat. The construction plans and specifications shall be submitted to the community and economic development department accompanied by a construction plan check fee in the amount specified within the city’s current fee schedule. All construction plans and specifications shall be in conformance with the city’s street and utility standards.
2. Before the construction plans receive final approval, the community and economic development department shall complete and/or receive a construction inspection.
3. After the community and economic development department has approved the construction plans and specifications, the subdivider may then proceed as follows:
a. Prior to the submission of a final plat for approval, the applicant shall schedule a pre-application meeting with the community and economic development department per MVMC 14.05.110(B). At this meeting a checklist of information required for the submission of a final plat will be prepared and provided to the applicant. Prior to the submission of a final plat for approval all streets, alleys, sidewalks, storm drainage, utilities, monumentation, street lights, trees, other landscaping, park improvements, critical area mitigation, and any other improvements specified within the preliminary plat approval shall be installed and completed by the subdivider to the satisfaction of the community and economic development and public works directors. Such improvements shall meet the standards specified in the Mount Vernon Municipal Code, the adopted engineering and community and economic development and city standards and policies. The subdivider’s engineer shall be responsible for inspection and “as-built” drawings of all city-maintained utility improvements related to the subdivision.
b. A performance bond or cash security in the amount of 150 percent of the cost to construct required but uninstalled improvements may be posted in lieu of installation of improvements; provided, that such bond is recommended by the community and economic development and public works directors and approved by the city council. Bonding or providing a cash security in lieu of installing improvements will be approved only if circumstances exist that restrict installation such as extreme weather conditions, construction conflicts with other required improvements, etc.
The performance bond or cash security shall specify exactly what improvements are included and the community and economic development director shall specify the timeline for installing the improvements.
c. Prior to council acceptance of public improvements, the applicant shall submit to the community and economic development department the original mylar construction drawings corrected to as-built information and a maintenance bond in the amount determined by the community and economic development department and approved by the city council. In no case shall such bond be less than 10 percent of the total cost of the public improvements.
d. The subdivider shall promptly proceed with the completion of the bonded improvements. If, in the opinion of the community and economic development director, the subdivider has not proceeded toward the prompt completion of the bonded improvements, he/she may cause the bond to be updated with new estimates of cost on all incomplete improvements and all increased cost estimates shall be passed on to the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond. If all improvements are not completed promptly, the bond shall be forfeited and the city will undertake the installation and completion of all improvements with the forfeited bond money. (Ord. 3428 § 40, 2008).
16.12.030 Submittal requirements.
When the subdivider has completed and has received approval of the construction and installation of all improvements or has submitted an approved performance bond in lieu thereof, they may then make application with the community and economic development department for approval of the final plat. The application for final plat shall be accompanied by the following:
A. Final plat maps shall be prepared by a state of Washington registered land surveyor, fully dimensioned, drawn at a scale approved by the director. The size of the map shall be 18 inches by 24 inches with a minimum two-inch border on the left edge and one-half-inch border on all other sides. Before recording the original shall be in black ink on stabilized drafting film.The desired scale shall be one inch equals 50 feet unless otherwise approved by the director. The map shall contain all of the items stipulated within WAC 332-130-050 and Chapter 58.17 RCW as it is currently written or as it may be amended in the future; along with the following information:
1. A title block located in the lower right corner containing the following:
a. Name of the final subdivision including the city’s land use number;
b. Section, township, range, quarter quarter section;
c. Name, address and telephone number of surveyor/engineer;
d. Name and address of developer; and
e. Date;
2. A north arrow and a scale, both graphic and written. Linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth;
3. An accurate and complete legal description of the area to be platted written or verified by a licensed land surveyor;
4. Survey information, as determined by a field survey made by a registered and qualified land surveyor of the state in conformance with Chapter 332-130 WAC, including:
a. The lengths, bearings, curve radii, curve delta, arcs, semi-tangents, etc., of the area to be platted, dedications, existing and proposed rights-of-way, section and township lines. This shall be accompanied by survey calculations showing the closure of each lot and the entire parcel;
b. Location of all permanent monuments;
c. Identification of the coordinates used for permanent control monuments; and
d. Date of survey;
5. A vicinity sketch map of approximately 1,000 feet to the inch;
6. Lot and tract information including:
a. Lot number;
b. Area (acres and square feet);
c. Dimensions, bearings, and curve data; and
d. Address;
7. Existing municipal boundaries, zoning boundaries and names of adjacent subdivisions;
8. Location, width, and names of all existing streets, platted streets or other public or private ways within or adjacent to the proposed development, together with all public and private easements, and parks and open spaces. Utility easements stipulated by the CEDD must be shown adjacent to all streets;
9. All parcels of land intended to be dedicated or temporarily reserved for public use or reserved in deeds for the common use of property owners of the subdivision, along with clear indication of the purpose, condition or limitations of such reservation;
10. Source of all utilities;
11. The location of all wells and septic systems located on or near the project site;
12. Location, dimensions, and square footage of any existing structures to remain within or abutting the plat;
13. Location of existing conditions (such as wetlands, steep slopes, watercourses, floodplains) and their associated buffers on or adjacent to the site that could hinder development;
14. Reservations, restrictive covenants, easements (including easement language), and any areas to be dedicated for public use, with notes stating their purpose and any limitations. If a new easement is created on the plat, it must show the grantee of the easement rights. If the grantee is the city, a statement of easement provisions reserving, granting and conveying the easement, with a description of the rights and purposes need to be made on the plat;
15. Data sufficient to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on-site. Maps shall include dimensions to the nearest one-hundredth of a foot and angles and bearings in degrees, minutes, and seconds;
16. Interior permanent control monuments located per state surveying standards;
17. Certificates, approvals and dedications, the exact wording of which shall be approved by the CEDD and may be obtained at said office, for the following:
a. County auditor certificate;
b. Owner(s) dedication, including signature space for all legal owners, mortgage or lien holders;
c. Acknowledgements for all owner(s) signatures;
d. CEDD and public works directors approvals;
e. Mayoral approval to sign on behalf of the city council with attest from finance director;
f. City finance director certificate;
g. County treasurer certificate;
h. Surveyor certificate;
i. Easement dedication; and
j. Certification showing that streets, rights-of-way and all sites for public use have been dedicated;
18. If the plat constitutes a replat, the lots, streets, etc., of the original plat shall be shown by dotted lines in their proper positions relative to the new arrangement of the plat; and
19. The surveyor’s seal shall appear on every page.
B. All other materials required to process a final plat shall be submitted as outlined within MVMC 14.05.210(B).
C. Each final plat application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. No action shall be taken upon the application until the fee has been paid. (Ord. 3428 § 41, 2008).
16.12.040 Filing.
Prior to approval of the final plat by the city council, the subdivider, all owners of record and all persons with an interest in the property shall sign the original mylar of the plat. The community and economic development department shall then obtain the proper signatures from the county treasurer. After city council approval, the community and economic development department shall be responsible for obtaining the remaining signatures and will file the map with the county auditor. The applicant shall be responsible for paying all fees associated with recording of the plat. (Ord. 3428 § 42, 2008).
16.12.050 Modifications to an approved final plat.
A. Minor modifications to a previously approved final plat may be requested by the applicant and approved by the community and economic development director subject to the provisions for Process II decisions in Chapter 14.05 MVMC. Minor modifications are those that involve only insignificant revisions to the exact location and configuration of buildings, roadways, open space or other features and do not involve any increase in density, intensity, or significant change in architectural style, housing type or other significant characteristics. The director may require that maps be re-recorded to reflect the changes to a plat due to a minor modification.
The city may only approve a minor modification if:
1. The change will not reduce by 10 percent or more any area of landscaping, open space, natural area or parking, so long as the minimum code requirements for these amenities is still met; and
2. The change will not have the effect of increasing the density; and
3. The change will not increase the total amount of floor area of a development by 10 percent or more; and
4. The change will not result in any structure, circulation or parking area being moved significantly in any direction; and
5. The change will not reduce any setback approved as part of the preliminary plan by more than 10 percent so long as the required minimum setback is met; and
6. The change will not result in a significant increase in the height of any structure as approved in the preliminary plan so long as the code requirements are still met; and
7. The change will not move or change the type of access; and
8. The change will not remove trees or modify other natural features that were to be preserved under the previous action; and
9. The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood.
B. Before approving a minor modification, the director of community and economic development shall make written findings and conclusions that the following exist:
1. The modification will not violate the terms and agreements of the preliminary plat approval and the intent of the original conditions of approval is not altered;
2. The modification will not cause the final plat to violate any applicable city policy or regulation; and
3. The modification will not be inconsistent or cause the final plat to be inconsistent with the decision of the city preliminarily approving the application.
C. Modifications that do not comply with any of the actions listed in subsections (A)(1) through (A)(9) of this section, or which fail to satisfy the required findings contained in subsection (B) of this section, shall be processed as a new plat application. (Ord. 3428 § 43, 2008).