Chapter 16.12
APPLICATION PROCEDURES AND APPROVAL PROCESS
Sections:
16.12.010 Procedures and approval process.
16.12.020 Penalty for violation.
16.12.040 Sale, lease or transfer of property.
16.12.060 Assurance of discontinuance.
16.12.010 Procedures and approval process.
A. Subdivision Application Process. Whenever any subdivision is proposed, the subdivider shall apply and secure approval of the proposed subdivision in accordance with the following procedures which include three steps: sketch plat, preliminary plat and final plat, before the sale of any lot, and before the issuance of any development permits.
B. Sketch Plat. The subdivider shall prepare a sketch plat in accordance with subsection A of this section, and shall meet with the city planner, public works director, and any other city official as may be necessary, and water and sewer district officials in order to review the proposed subdivision, and resolve any potential design problems prior to the preparation of the preliminary plat.
C. Preliminary Plat.
1. Application Review. Prior to filing the documents described in subdivision 2 of this subsection the subdivider shall have the city planner review for completeness. The city shall, within twenty working days of receiving an application, mail or provide in person a written notice to the applicant, stating either: that the application is complete; or that the application is incomplete and what is necessary to make the application complete.
2. Application Requirements. The subdivider shall file with the city clerk:
a. Thirteen full size copies and one full size reproducible copy and one reproducible reduced copy of eight and one-half by eleven inches or eight and one-half by fourteen inches of the preliminary plat;
b. A completed subdivision application on forms available at the office of the city planner;
c. Two completed environmental checklists on forms available at the city offices;
d. Payment of the filing fee as set forth in subdivision 4 of this subsection;
e. Two copies and one reproducible copy of the storm drainage plan showing stormwater generation calculations and methods of collection and disposal of stormwater.
3. Date of Filing. The date of filing of a subdivision application with the city clerk, which has been approved for completeness by the city planner, shall be considered as the official date of filing of the preliminary plat, at which time the ninety-day period required by state law for approval, disapproval, or extension, begins, provided, that all time between the official date of filing and the completion of all required environmental review, including, but not limited to, the time spent by the responsible official in reviewing the proposal and issuing a threshold determination, the time spent preparing and issuing a final environmental impact statement, if any, and the time spent processing any appeals allowed under the city’s SEPA regulations, shall be excluded from the ninety-day period. If any environmental impact statement is required, the ninety-day time limitation shall not begin until seven days has elapsed from the issuance of a final environmental impact statement.
4. Filing Fee. Fees for processing of a plat shall be paid to the city clerk at the time of filing. The filing fee is established by city council pursuant to such periodic resolution as council from time to time updates and approves. The applicant is responsible for all costs and fees necessary to comply with the State Environmental Policy Act, WAC 197-10 and RCW Chapter 23.21C. This may include the expense of an independent consultant, hired by the city to review the environmental impact statement to determine its adequacy.
5. Fees for Engineering Inspection Time. Fees for reimbursement for engineering time needed to review and approve engineering drawings and the final plat and inspection of installation of required improvements shall be established by city council subject to such periodic resolution as council from time to time updates and approves. The final plat shall not be approved or authorized until the fees are paid.
6. Unless an applicant for preliminary plat approval requested otherwise, a preliminary plat is processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasijudicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
7. Distribution of Preliminary Plat Application. Upon receipt of the preliminary plat and subdivision application, the city clerk shall affix a file number and date received and shall deliver one copy of the preliminary plat to the following individuals: director of community development, public works director, police chief, fire chief, county health department, sewer district, water district, school district, the public utility district, Washington Natural Gas Company and General Telephone. The city clerk shall also send a copy of the storm drainage plan to the public works director and one copy of the environmental checklist to the director of community development. The city clerk shall also mail one copy of a preliminary subdivision plat to the county planning department and the Snohomish County airport administration. The city clerk shall also mail one copy of a preliminary subdivision plat to the state Department of Transportation, if the subdivision is located adjacent to a state highway.
8. Compliance with the State Environmental Policy Act (Chapter 43.21 RCW). The responsible official shall review the proposed subdivision for significant adverse environmental impact in accordance with the State Environment Policy Act Guidelines (Chapter 197-10 WAC) and the city’s State Environmental Impact Policy Act ordinance utilizing the subdivider’s completed environmental checklist. If an environmental impact statement is required, the responsible official shall notify the subdivider of the requirements for completing the impact statement.
9. Public Hearing. Upon receipt of the completed preliminary plat application and completion of all required environmental review under the State Environmental Policy Act guidelines, the city planner shall set a date for a public hearing on the proposed preliminary plat application. Notice for a public hearing shall be posted on the property, posted in three public places, and given to the owners of real property located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property proposed to be subdivided, notice under this section shall be given to owners of real property located within three hundred feet of any portion of the boundaries of the adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Further, notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the city and county. The city clerk shall also send a hearing notice to the state Department of Transportation, if the proposed subdivision is adjacent to a state highway right-of-way. All hearing notices shall include the hour and location of the hearings, together with a legal description of the property to be subdivided, or, in the alternative, the description of the property may be in the form of either a vicinity location sketch or a written description other than a legal description.
10. Recommendations for Public Hearing. Prior to the public hearing, the city planner shall obtain recommendations from the public works director, building official, fire chief, water district, sewer district, public utility district, the natural gas company, school district, health district and telephone company, and shall submit the recommendations, including his or her own, to the permit authority prior to the date of the public hearing. Hearings shall be held in accordance with Mukilteo Municipal Code Chapter 17.13, Project Permit Review Procedures.
11. Requirements for Approving Preliminary Plats. In considering preliminary plats, the city shall inquire into the public use and interest proposed to be served by the establishment of a subdivision. The city shall determine if appropriate provisions are made in the subdivision for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, 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 whether the public interest will be served by the subdivision and dedication. If the city finds that appropriate provision is made for the specified items and that the public interest will be served by the platting of the subdivision and dedication, then it shall be approved. Dedication of land to the city, provision of public improvements to serve the subdivision, and/or impact fees imposed pursuant to state law and city ordinances may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat.
12. Reasons for Disapproving Preliminary Plat. After considering all input at the public hearing, if the city finds that the proposed plat does not make appropriate provisions as outlined in subsection (C)(11) of this section, or that the public use and interest will not be served, the preliminary plat will then be disapproved. Construction of protective improvements may be required as a condition of approval. The improvements shall be noted on the final plat. No preliminary plat shall be recommended for approval by the city concerning any land situated in a flood control zone, as provided in Chapter 86.16 RCW, without prior written approval by the Department of Ecology of the state.
13. Preliminary Plat Decision. The permit authority may accept the application as presented, accept the application subject to changes, or reject the application entirely after considering all input at its public hearing. Following the completion of the public hearing, a written decision shall be issued within ten calendar days unless the applicant agrees to a time extension.
14. The preliminary plat shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from the date of filing thereof unless the applicant agrees to a time extension; provided, however, that all time expended in the completion of required environmental review, including, but not limited to, all time spent by the responsible official in reviewing the proposal and issuing a threshold determination, all time expended in preparing and issuing an environmental impact statement, and all time spent in processing appeals allowed under the city’s SEPA regulations, shall be excluded from the ninety-day period.
15. Notification of Approval or Disapproval. A copy of the approved preliminary plat, with all changes and revisions, shall be sent to the applicant. The city planner shall also provide the city clerk and the public works director with a copy of the decision with an attached approved preliminary plat noting all revisions.
16. Effective Period of Preliminary Plat Approval.
a. For Preliminary Plats Approved On or After January 1, 2008, and Through December 31, 2014. A final plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within seven years of the date of preliminary plat approval.
b. For Preliminary Plats Approved On or After January 1, 2015. A final plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within five years of the date of preliminary plat approval.
c. For Preliminary Plats Approved On or Before December 31, 2007. A final plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within nine years of the date of preliminary plat approval, unless the plat is subject to the requirements adopted under Chapter 90.58 RCW. For plats subject to Chapter 90.58 RCW, subsection (C)(16)(a) of this section applies.
d. Extensions—Expiration. If an applicant for a preliminary plat approved on or after January 1, 2015, files a written request for extension with the city’s planning department at least thirty days before the expiration of said initial period, the applicant shall be granted a one-time one-year extension within said initial effective period of approval. Any subdivision not submitted for final plat approval within the period of time set forth in this subsection is null and void and the subdivider is required to resubmit a new preliminary plat for approval, subject to all then current zoning and subdivision regulations.
D. Final Plat.
1. Application Requirements. When submitting the preliminary plat for final approval, the subdivider shall submit to the city clerk one reduced reproducible eight and one-half by eleven inch or eight and one-half by fourteen inch copy with one full-size reproducible copy of the final plat, four copies of the construction drawings in compliance with this section, pay the appropriate fees, and provide a copy of the attachments listed below. A final plat application fee shall be established by city council pursuant to such periodic resolution as the council, from time to time, updates and approves and shall be charged upon application for final plat approval. Such fee is needed to reimburse the city for costs associated with processing the application including, but not necessarily limited to, staff time, postage, legal notices, paper, duplicating costs, and mileage. Such final plat application fee shall be collected by the city clerk who shall account for it to the city council.
a. A certificate of title from a reputable title company shall be submitted containing a legal description of the property to be subdivided and confirmation that the title of the property belongs to the stated owners;
b. A letter from the water service district and the sewer service district shall be submitted, indicating that the proposed sewage disposal and water supply are adequate, if the improvements are installed, or to be installed, by the subdivider. The water service district and sewer service district shall not modify the terms of its recommendations without the consent of the applicant;
c. A performance bond, or other acceptable surety, in conformance with subsection (I)(2) of this section;
d. Two sets of as-built drawings, and a sepia of each shall be submitted for all required improvements installed and approved by the public works director in accordance with subsection E of this section;
e. A certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that a subdivision has been made with the free consent and in accordance with the desires of the owners or owner;
f. If the plat is subject to dedication, the certificate mentioned in subsection (D)(1)(e) of this section or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of the road. This certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded a part of the final plat.
2. Review of Final Plat by the Public Works Director. The city clerk shall forward three copies of the final plat and the reproducible of the final plat to the city engineer and planning director. The city engineer shall check the plat for accuracy and conformance with the approved preliminary plat and the requirements of this chapter. The planning director shall also review the preliminary plat requirements to see that the proposed subdivision is in conformity with the applicable zoning ordinance, and other land use controls, as well as environmental conditions imposed by the preliminary plat approval. The final plat shall conform to the layouts proposed in the approved preliminary plat. The planning director shall draft written findings of fact that address requirements of the preliminary plat stating that appropriate provisions have been made for the public health, safety and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.
3. Approval of the Final Plat. The city engineer and planning director shall sign the final plat certifying that the plat complies with all the terms of the preliminary approval of the proposed plat, subdivision or dedication. The final plat, certified by the city engineer and the planning director, shall be forwarded to the city council with the draft findings that appropriate provisions have been made for the public health, safety and general welfare. The signed copies of the final plat with all attachments shall be forwarded to the city council meeting for their next regular meeting. If the final plat conforms to all terms of the preliminary plat approval and the requirements of this chapter, the city council shall adopt written findings that appropriate provisions have been made for the public health, safety and general welfare including the items described above and give final approval, and the mayor and city clerk shall sign all appropriate documents. The date of submittal of the complete application for a final plat to the city clerk is the official filing date from which the city council shall approve, or disapprove, the final plat within thirty days. Final approval by the city council shall indicate acceptance of all dedications contained in the plat. The planning director shall send two approved and signed copies of the final plat, including the original to the applicant within ten days of the city council’s approval.
4. Recording Plat with County Auditor. Upon approval of the final plat by the city council, the subdivider shall record the approved plat with the county auditor and file a copy with the county assessor.
5.a. For Final Plats Filed for Record with the County Auditor On or After January 1, 2008, and Through December 31, 2014. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3), for a period of seven years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
b. For Final Plats Filed for Record with the County Auditor On or After January 1, 2015. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3), for a period of five years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
c. For Final Plats Filed for Record with the County Auditor On or Before December 31, 2007, and Not Subject to Chapter 90.58 RCW. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of nine years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1) and (3), for a period of nine years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.
E. Subdivision Plat Specifications/Engineering Drawings. The city council shall provide the city standards for the preparation of subdivision plats and engineering drawings by resolutions.
F. General Requirements. The city council shall provide the city standards for general requirements for all subdivisions by resolution.
G. Subdivision Design/Development Standards. The city council shall provide for city standards for subdivision design and development by resolution.
H. Requirements for Completion and Maintenance of Required Improvements. (Reserved.)
I. Methods of Completing Required Improvements. Within sixty days of the council’s approval of the preliminary plat, the subdivider shall notify the public works director, in writing, of which of the following methods will be requested to ensure that all required improvements are constructed, or will be constructed, prior to the approval of the final plat. The city council reserves the authority to decide which method may be used.
1. By actual installation of the improvements in accordance with the provisions of this chapter and the requirements of the approved preliminary plat, subject to inspection and approval by the public works director.
2. By providing a performance bond, or other acceptable surety, in order to guarantee to the city that the required improvements, not installed prior to the approval of the final plat, shall be installed in a satisfactory manner within one year of the approval date of the final plat.
J. Requirements if the Subdivider Installs All Required Improvements Prior to Approval of Final Plat.
1. Submittal Review and Approval of Engineering Drawings. Upon approval of the preliminary plat, and after notifying the public works director of method to be used to install required improvements, the subdivider shall have prepared, and shall submit three sets of engineering drawings, in accordance with the requirements of this chapter. Upon receipt of the engineering drawings, the public works director shall review and approve the drawings, in accordance with the designs and development standards of this chapter. The engineer shall sign the drawings, as approved.
2. Application for Permits. Upon approval of the engineering drawings, the public works director shall notify the applicant, in writing, to make application for the permits from the city official, as are necessary to proceed with the installation of any, or all, of the required improvements in accordance with the approved preliminary plat and requirements of this chapter.
3. Inspection of Improvements. The subdivider shall notify the public works director, in writing, prior to the issuance of the necessary development permits and/or before the start of actual construction of the required improvements and shall make arrangements for periodic inspection by the public works director to ensure that improvements are installed, according to city standards and requirements. The subdivider shall request a final inspection of the improvements by the public works director. If the public works director finds that all required improvements have been completed in accordance with the approved preliminary plat and development standards and requirements of this chapter, the public works director shall notify the subdivider, in writing, to prepare as-built drawings and submit the drawings to the public works office. If the public works director finds that the improvements are not in accordance with the preliminary plat and/or the development requirements and standards of this chapter, the public works director shall require that appropriate changes be made.
4. Inspection Fees. Fees for the inspections listed in subsection (J)(3) of this section shall be paid by the developer as set forth in subsection (C)(5) of this section. The fees shall be paid prior to final plat approval.
5. Review and Approval of As-Built Drawings. Upon receipt of the as-built drawings, the public works director shall review the diagrams for completeness and sign them. The public works director shall notify the applicant, in writing, if the drawings are satisfactory and, if so, direct the applicant to submit the final subdivision plat application.
K. Requirements if the Subdivider Installs Some or None of Required Improvements Prior to Approval of Final Plat.
1. The subdivider shall submit necessary engineering drawings in accordance with subsection E of this section.
2. If the subdivider installs any of the required improvements, which are not to be subject to warranty related installation, the installed improvements are subject to the requirements of subsection J of this section.
3. If the subdivider does not install any, or all, of the required improvements, the public works director shall prepare a cost estimate of the amount required to install the improvements within a given time period, and submit the information to the subdivider, the city attorney and city clerk. The amount of the performance bond, or surety cost, shall be one hundred fifty percent of the required improvements to be installed. The city attorney shall approve the form, sufficiency and manner of execution of the performance bond, or other surety, prior to the approval of the final plat. The performance bond, surety, or approved L.I.D. shall be submitted with the application for final plat approval.
4. The subdivider shall comply with the requirements of subsection (J)(2) of this section when actual construction is to be started with respect to installing required improvements.
L. Failure to Complete Improvements. If all the required improvements have not been installed within the required one-year period from the date of approval of the final plat, the public works director shall notify the city council, in writing, of the improvements not installed, and a cost estimate for completion. The city council shall then determine the action that shall be taken with respect to the subdivider and/or the surety to assure completion of the subdivision.
M. Warranty Against Defects in Labor and Material. A maintenance bond, or other acceptable surety, is required from the subdivider to warrant all required improvements, either installed or to be installed, against defects in labor and material for a period of twenty-four months after acceptance by the city. The surety shall be submitted with the final plat application, and shall be fifteen percent of the estimated value of the improvements, as determined by the public works director. The maintenance bond or surety is in addition to any warranty or surety provided to guarantee the installation of required improvements. The city attorney shall approve the form, sufficiency and manner of execution of the maintenance bond, or other surety, prior to the approval of the final plat. Upon the termination of the warranty period, the public works director shall authorize the release of the maintenance bond by written notice to the subdivider and the surety. (Ord. 1323 §§ 1, 2, 2012; Ord. 1273 § 1, 2011; Ord. 1088 § 7, 2003; Ord. 852 § 1, 1995; Ord. 832 §§ 1—3, 1995; Ord. 829 § 2, 1995; Ord. 757 § 4 (part), 1993; Ord. 716 § 2, 1992; Ord. 681 §§ 1—5, 1990; Ord. 641 § 1, 1989; Ord. 441 § 1, 1983; Ord. 408 § 1 (part), 1982: Ord. 376 § 5, 1981)
16.12.020 Penalty for violation.
Violations of this chapter shall constitute a misdemeanor and be subject to the provisions contained in Mukilteo Municipal Code Chapter 1.32, General Penalties. 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 is a separate and distinct offense. (Ord. 1083 § 20, 2003: Ord. 376 § 6, 1981)
16.12.030 City action.
A. Whenever any parcel of land is divided into five 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 the subdivision, or approved short plat filed for record, the city planner shall notify the city attorney to commence an action to restrain and enjoin further subdivision or sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this chapter. The costs of the action are taxed against the person, firm, corporation or agent selling or transferring the property.
B. Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any section of this chapter, or any other provision of the city’s local land use controls, or any term or condition of plat approval prescribed for the plat by the city, then the city attorney may commence an action to restrain and enjoin the use and compel compliance with the provisions of this chapter. The costs of the action are taxed against the violator. (Ord. 376 § 7, 1981)
16.12.040 Sale, lease or transfer of property.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to this chapter and does not violate any provision of this chapter. 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 sellers is permitted until the final plat is recorded. (Ord. 376 § 8, 1981)
16.12.050 Findings of fact.
No plat or short plat shall be approved unless the proposed subdivision is in conformity with applicable zoning ordinance and other land use controls in the city. The city council, before approving any plat, shall make formal written findings of fact to this effect. All plats shall require written findings that appropriate provisions have been made for the public health, safety and general welfare, including open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. (Ord. 829 § 3, 1995: Ord. 376 § 9, 1981)
16.12.060 Assurance of discontinuation.
In the enforcement of this title, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this title from any person engaging in, or who has engaged in, the act or practice. Any such assurance shall be in writing and filed, and is subject to the approval of the superior court of the county in which the alleged violation occurs. A violation of the assurance constitutes prima facie proof of a violation of this title. (Ord. 376 § 10, 1981)
16.12.070 Conflict.
A. Public Provisions. The regulations described in this chapter are not intended to interfere with, or abrogate, any other city ordinance, rule or regulation, statute or other provision of law. Where any provision of these regulations imposes restrictions different from those imposed by any other provisions of these regulations, or any other city ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards, shall control.
B. Private Provisions. The regulations described 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 regulation than such easement, covenant or other private agreement or restriction, the requirements of these regulations shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determination of the planning commission or the city council in approving a subdivision, or enforcing these regulations and such private provisions that are not inconsistent with these regulations or determinations thereunder, then the private provisions shall be operative and supplemental to these regulations and determination made under this chapter. (Ord. 376 § 11, 1981)
16.12.080 Notice provisions.
The city shall not amend or repeal sections of this chapter or adopt other ordinances in accordance with Chapter 58.17 RCW, without first posting its intent to do so in at least three public places within the city, and mailing notice of intent to individuals or organizations which have submitted written requests to the clerk of the city for the notice. Notice to these individuals and/or organizations shall be mailed at least ten days before the public meeting in which the proposals pertaining to this section are to be discussed. Written notice requesting notification as defined in this section are valid for a twelve-month period. (Ord. 376 § 12, 1981)
16.12.090 City not liable.
A. Notwithstanding any language used in this chapter and enacted herein or heretofore, 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.
B. 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 benefitted by the terms of this chapter.
C. 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 chapter is discretionary and not mandatory.
D. 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. 376 § 13, 1981)