Chapter 17.12
SHORT PLATS AND SHORT SUBDIVISIONS
Sections:
17.12.030 Application and contents.
17.12.035 Land survey requirements.
17.12.040 Review and determination.
17.12.050 Notice of action on short plat application.
17.12.060 Short plat recording form contents.
17.12.070 Approval of short plats.
17.12.080 Filing of short plats.
17.12.090 Short plat – Decision appeals.
17.12.100 Short plat amendment.
17.12.010 Administration.
A. The administrator is vested with the duty of administering and interpreting the short plat provisions of this title and with the authority to summarily approve, disapprove or return for modification proposed short plats.
B. The administrator shall prepare and require the use of such forms as deemed necessary to administer this title.
C. It shall be within the administrator’s power to grant minor deviations from literal compliance with a requirement of this chapter insofar as the applicant can establish to the administrator’s satisfaction all conditions enumerated in OMC 17.12.040. (Ord. 746, 1991)
17.12.020 Application fee.
An application for short subdivision shall be accompanied by an application fee as specified in the adopted city fee resolution. However, no fee shall be collected until the application has been deemed complete by the administrator. (Ord. 746, 1991)
17.12.030 Application and contents.
An application for a short subdivision shall be submitted to the city clerk’s office on an application form provided by the administrator including a legibly drawn sketch plat with dimensions of the parcel to be divided and the lot lines to be created in carrying out the short plat. If necessary to clearly show the necessary information, a larger drawing may be attached and referenced in the application form. The submitted drawing shall include:
A. The entire lot, tract, parcel, site or division constituting the parent parcel and its legal descriptions;
B. The parcel number or numbers as assigned to applicant’s land to be developed by the county assessor together with their legal descriptions and the names or recording numbers of any contiguous subdivisions or short subdivisions;
C. Lines marking the division of the property into the proposed four or less lots, tracts, parcels, sites or divisions;
D. Location of existing roads or streets, or existing deeds or easements with their auditor’s file numbers, together with designation of “public” or “private” regarding the road and the beneficiary of the easement;
E. Location of any roads, rights-of-way or easements proposed to service the short plat with a clear designation of their purpose and nature, including whether they will be private or dedicated public roads, rights-of-way or easements;
1. Right-of-way for public roads of a width to be determined by the city superintendent, but not to exceed that required for regular plats, shall be dedicated if the short subdivision contains two or more lots which are contiguous to:
a. An existing subdivision where partial street right-of-way has been dedicated;
b. An existing partial right-of-way deeded for public road purposes;
c. A location where an ordinance, or long-range road program, or comprehensive plan indicates the need for a future road or street;
2. Right-of-way for all private roads, whether existing or proposed serving residences, business or other primary usage of lots, shall be of a width to be determined by the administrators of not less than 30 feet nor more than that required for regular plats. Right-of-way for access to utilities or service parcels not expected to be in regular use may be less than 25 feet in width;
F. Certification of a PLS (professional land surveyor) if required under OMC 17.12.035;
G. Location of streams, wetlands, wooded areas and other fish and wildlife habitat areas;
H. A list of all taxpayers of record and their addresses for properties within 300 feet of the exterior boundaries of the proposed short plat from the records of the county assessor’s office. (Ord. 746, 1991)
17.12.035 Land survey requirements.
A. A proposed short plat of land not previously platted or short platted shall be prepared by or under the supervision of a professional land surveyor of the state as a result of a land survey.
B. A land survey by a professional land surveyor is not required for proposed short plats of land previously platted or short platted unless the administrator determines that a survey is necessary to clearly establish property boundaries. The administrator shall establish and maintain a list of areas within the city where the land surveys will be required in order to clearly establish property boundaries. Proposed short plats not requiring a land survey may be prepared by the landowner or his authorized agent.
C. A short plat involving a dedication, public easement or right-of-way shall be prepared as a result of a land survey.
D. All proposed short plats requiring a land survey shall be referenced from two monumented section or quarter section corners or to two other suitable permanent control monuments.
E. Lot corners determined as a result of a land survey shall be established by the placement of permanent survey monuments. (Ord. 746, 1991)
17.12.040 Review and determination.
A. Short plat applications shall be processed as described in this title and as described in Chapter 18.100 OMC for project permits.
B. The administrator shall mail a brief notification to all taxpayers of record of property within 300 feet of the proposed short plat as provided by the applicant. The notification shall include:
1. Identification of the applicant;
2. A vicinity map and copy of the proposed short plat;
3. A brief explanation of the process involved including the manner for a person to attain party of record status and directions as to the address to be used and date by which any written comments should be submitted.
C. All such notice shall be made within 10 working days of the date of the application being deemed complete.
D. The administrator shall, after conferring with appropriate officials, including any affected irrigation district and other agencies having an interest in the proposed short subdivision, determine within 30 days of receipt of a submittal deemed complete by the administrator, whether the short plat should be approved, disapproved or returned to the applicant for changes in light of the following criteria and requirements:
1. The proposed subdivision is in conformity with the comprehensive plan and applicable zoning requirements or other land use controls which may exist;
2. The proposed short subdivision provides access in accordance with current road standards or has received a deviation made by the administrator;
3. The proposed short subdivision meets the requirements of this title and all lots have been determined to be buildable or have been designated as nonbuildable lots;
4. The public use and interest will be served by permitting the proposed division of land;
5. The proposed short subdivision has access to adequate urban services. (Ord. 889 § 6, 2000; Ord. 746, 1991)
17.12.050 Notice of action on short plat application.
The administrator shall prepare a letter to the applicant and affected parties requesting notice indicating:
A. Alternatively:
1. That the short plat is approvable as submitted (such a letter must contain written findings of fact which document the facts used by the administrator to approve the short plat),
2. That the short plat is approvable subject to certain specified conditions which must be met,
3. That the short plat cannot be approved for specified reasons (must also include finding of fact);
B. That in the case of subsection (A)(1) or (2) of this section, a short plat recording form properly completed together with appropriate fees and evidence of compliance with all required conditions may be submitted by the applicant within one year of the date of the notice without further review;
C. The specific certification(s), such as required for any affected irrigation district, that must be completed and included as part of the short plat filing form submittal;
D. That the applicant or party of record may file an appeal with the planning commission of the decision and/or conditions imposed by the administrator within 10 working days from the receipt of the notice of approval, conditional approval or disapproval. Said notice shall include the method and format of a valid appeal as described in OMC 18.112.020(B). (Ord. 889 § 7, 2000; Ord. 746, 1991)
17.12.060 Short plat recording form contents.
A. In those cases where a survey is required by OMC 17.12.035, the short plat recording form shall be completed by or under the supervision of a professional land surveyor of the state and shall be based on a survey of the property. Said survey shall be in compliance with the requirements of the Survey Recording Act, Chapter 58.89 RCW as it now exists or is hereafter amended, including the establishment of monuments such that short plats must show all existing or established section corners and quarter section corners pertaining to the location of all lot corners of the short plat.
B. The short plat submitted for filing shall be in accordance with the conditions specified in the notice of action on short plat application at the conclusion of the administrator’s review of the short plat submittal.
C. In the event private roads are used to serve the proposed short plat, whether exterior or interior, the following statement shall appear on the face of the short plat:
The City of Okanogan has no responsibility to build, improve, maintain, or otherwise serve any private road for this short plat.
D. Utility easements having a minimum width of 10 feet shall serve each interior lot. Utility easements may be included within the access easement and may serve as a joint use easement with the access easement.
E. A title certificate consisting of a report showing all parties having any interest in the “land” subdivided.
F. The short plat recording form shall consist of a legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or equivalent and shall be 18 by 24 inches in size.
G. The short plat filing form shall be signed by all parties having ownership interest in the land being short platted and their signatures shall be notarized.
H. Any easements previously filed shall have their auditor’s file numbers. (Ord. 746, 1991)
17.12.070 Approval of short plats.
A. A completed short plat recording form meeting all the requirements of OMC 17.12.060 shall be approved by the administrator.
B. As part of the approval, the administrator will complete a written findings of fact that the proposed short subdivision is in conformity with all applicable zoning and land use controls of the city. (Ord. 746, 1991)
17.12.080 Filing of short plats.
Filing of short plats shall be done with the county auditor following approval by the county treasurer that current property taxes have been paid. The filing of the short plat is the responsibility of the applicant. (Ord. 746, 1991)
17.12.090 Short plat – Decision appeals.
When an applicant and/or affected party of record feels aggrieved by a decision of the administrator, they shall have the right to appeal said decision in the following manner:
A. By filing a written appeal in the manner as described by OMC 18.112.020 with the city clerk, in which case the planning commission shall affirm, modify or reverse the administrator’s decision within 45 days of the date the last applicant or affected party of record gives notice as specified above. Prior to the planning commission taking action on the appeal(s), said filed appeal(s) shall be processed in accordance with Chapter 18.112 OMC.
B. If the applicant or an affected party of record is not satisfied with the decision of the planning commission he may appeal to the city council.
C. City council decisions are final. The city council’s final decision an application may be appealed by a party of record with standing to file a land use petition in Okanogan County superior court. Such petition must be filed within 21 days of issuance of the decision, as provided in Chapter 36.70C RCW, as it now exists or as may be hereafter amended. (Ord. 889 § 8, 2000; Ord. 746, 1991)
17.12.100 Short plat amendment.
Once a short plat has been recorded with the county auditor, it can be amended or vacated in whole or part in a manner not involving a resubdivision into more than four lots from the original short plat. When a proposed alteration or vacation involves public dedication, the alteration or vacation shall be processed in accordance with Chapter 58.17 RCW. If the proposed alteration or vacation does not involve a public dedication, the amended short plat shall be processed in accordance with the following provisions:
A. The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat.
B. The title of the amended short plat shall be:
Short Plat No. ___________________
Amending Short Plat No. __________
C. The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate.
D. Minor errors not involving a change in lines may be corrected upon approval of the administrator by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction. (Ord. 746, 1991)
17.12.110 Resubdivisions.
A. Once property is subdivided in accordance with the short subdivision regulations of this title, no further division creating in any manner a greater number of lots, tracts, parcels, sites or divisions than contained in the short plat shall be made for a period of five years from the date of recording of the short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this title.
B. In case of a proposed redivision of land within a short plat or a regular plat, either the short subdivision or regular subdivision provisions of this title and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the property and/or the period of time that has elapsed since the recording of a prior short plat. (Ord. 746, 1991)