Chapter 21.20
PRELIMINARY PLATS
Sections:
21.20.010 Purpose and applicability.
21.20.020 Application and submission requirements.
21.20.030 Prints, application and fee submittal.
21.20.060 Hearing examiner public hearing.
21.20.070 Hearing examiner decision.
21.20.010 Purpose and applicability.
The purpose of a preliminary plat (preliminary subdivision) application is to:
(1) Accept public comment on the proposed plat application in accordance with the public participation goals and policies of the comprehensive plan; and
(2) Review the proposed division of land for conformance with the comprehensive plan, zoning standards contained in OHMC Title 19 and design standards of this title including, but not limited to, lot size, setbacks and density prior to submittal of detailed construction plans and drawings under the provisions of Chapter 21.30 OHMC.
A preliminary plat shall be required when division of land into 10 or more lots, tracts, or parcels is proposed for which a binding site plan process is not being followed. (Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.020 Application and submission requirements.
(1) The preliminary plat shall be prepared, stamped and signed by a licensed land surveyor.
(2) The preparer shall, by placing his or her signature and seal upon the face of the plat, certify that all information is portrayed accurately and that the proposed subdivision complies with the standards and requirements of this title, the Oak Harbor zoning ordinance, and any other applicable land use and development controls.
(3) The preliminary plat must be prepared in accordance with the following minimum requirements:
(a) The preliminary plat shall be reproducible;
(b) All geographic information portrayed by the preliminary plat shall be accurate, legible, and drawn to an engineering (decimal) scale;
(c) The horizontal scale of a preliminary plat shall be 100 feet or fewer to the inch, except that the vicinity sketch and typical street cross sections may be drawn to any other appropriate scale; and
(d) A preliminary plat shall be 24 inches by 36 inches in size, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided.
(4) The preliminary plat must include the following information:
(a) Name of proposed plat;
(b) Name, address and phone number of the subdivider (owner) and the name, address and phone number and seal of the surveyor preparing the plat;
(c) An accurate and complete legal description of the area being platted;
(d) All parcels of land intended to be dedicated or temporarily reserved for public use and the conditions attached thereto shall be accurately indicated;
(e) The lines and names of all streets and other public ways, pedestrian/bicycle connections, parks, playgrounds and easements intended to be dedicated for public use and/or common areas granted for use of inhabitants of the subdivision;
(f) There shall be a vicinity sketch at a scale of not more than 800 feet to the inch showing the proposed plat in relation to surrounding land. All platted or public rights-of-way for a distance of at least a quarter mile shall be shown, and additional area shall be illustrated, if necessary, to show connecting streets or arterials;
(g) Monuments found and established during the preliminary survey;
(h) Names and addresses of all land owners contiguous to the proposed plat;
(i) Present zoning classification on and adjacent to the proposed plat;
(j) Date, scale, north arrow and lot lines; and
(k) All mapped information shall be prepared in a neat and legible manner.
(5) On a separate sheet of paper from the preliminary plat map, a site plan showing the following:
(a) Name of plat;
(b) Topography of the area with maximum five-foot contour intervals;
(c) City datum shall be used;
(d) Location of all utilities and sizing of existing and proposed public utilities, including but not limited to fire hydrants, water, sewer, storm drains, electricity, gas, telephone and cablevision lines, mailboxes; and
(e) Existing structures and natural features and all proposed and existing improvements within and adjoining the proposed subdivision as required by the design standards contained in Chapters 21.50 and 21.60 OHMC.
(6) A landscape plan showing all of the following:
(a) All buffers, screening, native vegetation and/or tree retention areas, fences and hedges required by Chapter 19.46 OHMC;
(b) Landscaping around stormwater ponds as required by this title;
(c) Any landscaping required in the public right-of-way or pedestrian/bicycle connections, including location, type and spacing of street trees; and
(d) Locations of light fixtures in pedestrian/bicycle connections and along all streets.
(7) An environmental checklist and review fee shall be required in accordance with city ordinance upon the submittal of a preliminary plat.
(8) A copy of any deed restrictions or protective covenants existing or proposed.
(9) Low impact development (LID) site analysis. The site analysis shall include:
(a) A soils report prepared by a licensed geotechnical engineer or licensed engineering geologist;
(b) Preliminary drainage report in conformance with OHMC Title 12; and
(c) Description of the proposed complete LID project including:
(i) Project narrative showing how the project will fulfill the requirement for on-site management of stormwater to the maximum extent feasible;
(ii) Total area of designated development area;
(iii) Listing and extent of each LID BMP to be used. Explanation and documentation for any determination that an LID BMP was considered infeasible for the site, or a statement that the site will achieve the LID performance standard;
(iv) Maximum hard surfaces proposed for the development;
(v) Total area of hard surface and effective hard surface and how proposed drainage plan reduces (to the maximum extent) or eliminates effective impervious area.
(10) Any additional materials, supporting documentation, and fees necessary to fulfill the requirements of other applicable municipal standards defined in the Oak Harbor Municipal Code. (Ord. 1784 § 83, 2016; Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.030 Prints, application and fee submittal.
The preliminary plat application number of prints and applicable fees shall be as set forth on forms provided by the development services department. (Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.040 Review procedures.
(1) Preliminary subdivision approval shall be a Type IV review process as outlined in Chapter 18.20 OHMC.
(2) Upon receipt of the proposed preliminary plat application and determination of fully completed status, the director shall distribute it to each of the following for their review and comments as applicable:
(a) City administrator or such other person as designated by the mayor;
(b) City engineer;
(c) Fire chief;
(d) Police chief;
(e) Public works superintendent;
(f) City park board;
(g) Island County planning department;
(h) Oak Harbor school district;
(i) Post office;
(j) Public and private utilities (such as power and natural gas), telephone, cable TV, telecommunications providers holding franchises in Oak Harbor; and
(k) Other agencies designated by the mayor.
(3) For purposes of this section, the term “fully completed,” as used in RCW 58.17.033, is the same as “technically complete” as defined and referenced in OHMC 18.20.340.
(4) The director shall prepare and give notice of the time, location and purpose of the hearing to the following agencies, if applicable:
(a) Department of Transportation if the preliminary plat is adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport; and
(b) The county if the preliminary plat abuts the city limits. (Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.050 Dedications.
(1) Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed in conformity with RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. No dedication, provision of public improvements, or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property. The city shall not, as a condition to the approval of any subdivision, require a release from damages to be procured from other property owners.
(2) If the preliminary plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the city shall adopt the designated name. (Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.060 Hearing examiner public hearing.
(1) Notice shall be provided of a public hearing before the hearing examiner.
(a) The director shall set a public hearing before the hearing examiner on the preliminary plat application.
(b) The director shall publish notice of the hearing not less than 15 days prior to the hearing date in a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located.
(c) The director shall also give special notice of the hearing to landowners of adjacent real property located within 300 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 which lie adjacent to the real property proposed to be subdivided, special notice shall also be given to landowners of real property any portion of the boundaries of which are adjacent to real property owned by the owner of the real property proposed to be subdivided.
(d) All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.
(2) The hearing examiner shall consider the preliminary plat application.
(a) The public hearing shall be an open record hearing where testimony and evidence shall be taken subject to the rules of procedure of the hearing examiner.
(b) The applicant shall be given an opportunity to testify and produce evidence in support of the preliminary plat application.
(c) Members of the public shall also be allowed to testify and to produce evidence.
(d) The hearing examiner shall review the application to determine whether the proposed subdivision conforms to the city’s comprehensive plan, zoning code, and other planning documents adopted by the city council. (Ord. 1904 § 15, 2020; Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.070 Hearing examiner decision.
(1) The hearing examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication(s). It shall make written findings:
(a) Whether appropriate provisions have been made for, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.
(b) Whether the public use and interest will be served by the platting of the subdivision and dedication(s).
(c) The hearing examiner may approve or disapprove the application by written decision, which shall include the written findings required in this subsection (1). The hearing examiner may condition approval of the preliminary plat upon actions to meet the requirements of this subsection (1). The hearing examiner may not require a release from damages to be procured from other property owners as a condition of preliminary plat approval.
(d) The hearing examiner decision shall be made within 90 days of the date of the director’s determination that the application is fully completed, excluding those excepted time periods specified in RCW 58.17.140, unless the applicant consents in writing to an extension of the time period for decision. (Ord. 1904 § 16, 2020; Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).
21.20.080 Effect of approval.
(1) Approval of the preliminary plat by the hearing examiner shall constitute approval for the applicant to develop construction plans and specifications for facilities and improvements, as required, in strict conformance with the approved preliminary plat, street and utility standards adopted by the city, and any special conditions required by the council.
(2) Permission shall not be granted for installation of required improvements until all construction plans and specifications have been approved in writing by the city engineer.
(3) Time for Performance. Except as provided for in OHMC 21.40.020, construction shall be completed within five years of the date of the hearing examiner’s written decision approving the preliminary plat or the preliminary plat approval shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void. If construction has been commenced but the work has been abandoned for a period of one year or more, and if no extension of time has been granted as provided in OHMC 21.40.020, the authorization granted for the preliminary plat shall terminate and all permits and approvals issued pursuant to such authorization shall expire and be null and void except as provided below:
(a) Construction shall be completed within 10 years of the date of hearing examiner’s written decision approving the preliminary plat if it was approved before January 1, 2008; or
(b) Construction shall be completed within seven years of the date of hearing examiner’s written decision approving the preliminary plat if it was approved before January 1, 2015, and within Shoreline Management Act jurisdiction. (Ord. 1904 § 17, 2020; Ord. 1782 § 1, 2016; Ord. 1617 § 2, 2011; Ord. 1568 § 4, 2010).