Chapter 17.20
PRELIMINARY PLATS
Sections:
17.20.020 Procedures – Generally.
17.20.045 Posting of property.
17.20.050 Review requirements.
17.20.070 City council action.
17.20.080 Approval – Conditions.
17.20.090 Abandoned orchard removal prerequisite.
17.20.100 Decision – Notification.
17.20.110 Relationship of approved preliminary plat to final plat.
17.20.130 Agreements to transfer land conditioned on final plat approval.
17.20.005 Administration.
A. The city building inspector/permit administrator referred to in this chapter as the administrator is vested with duty of administering and interpreting the subdivision provisions of this title.
B. The administrator may 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 general compliance to the administrator’s satisfaction of all requirements enumerated in OMC 17.20.010 of this chapter. Such deviations are intended to provide relief from the requirement for literal compliance with specific provisions of the section in instances where there is an obvious practical problem with doing so, and sufficient information will be available to complete the review.
D. The city planning commission is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the city council to approve, approve with conditions, or deny any subdivision proposed within the incorporated area of the city. (Ord. 746, 1991)
17.20.010 Requirements.
Any person desiring to subdivide land shall cause to be prepared a preliminary plat of the proposed subdivision. Prior to the preparation, the applicant shall discuss with the administrator the procedure for adoption of a subdivision plat and the requirements of this title as to general layout of streets, dedications of land, street improvements, provision for drainage, sewage, fire protection, other similar improvements, and the availability of existing services and utilities. The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals 200 feet, unless the administration requests or authorizes a different scale, and which shall include the following information which shall be shown on the plat if practicable, but if not, by separate accompanying statements:
A. General information:
1. Proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in the city,
2. Location of the subdivision by section, township and range,
3. Names and addresses of the owners, subdivider, designer of the subdivision and the licensed surveyor and/or engineer,
4. Scale, north arrow and date,
5. A full and correct legal description of the entire lot, tract, parcel, site or division constituting the applicant’s property;
B. Existing conditions:
1. Boundary lines of the proposed subdivision, showing approximate distance and area enclosed,
2. Existing restrictive covenants,
3. Elevations shall be shown by contour lines if determined to be needed in the preliminary review,
4. The location, name, designation as to public or private, present improvement and right-of-way width, and type of surfacing of all streets, alleys and rights-of-way on and adjacent to the tract; locations of any existing walks, curbs, gutters, culverts, buried conduits and subsurface drains, and utilities including storm drains,
5. Approximate width, location and purpose of all existing easements,
6. Approximate location of all designated floodways and 100-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses,
7. Existing uses of the property, including the location and use of all existing structures and those structures which will remain on the property after platting;
C. Proposed subdivision plat:
1. The location, name, intention to make public or private right-of-way or easement width, approximate radii of curves and approximate grades and gradients of all proposed streets, alleys or roads within or on the boundary of the proposed subdivision,
2. Location, width and purpose of all easements other than for roadway purposes,
3. Proposed uses of the property,
4. Approximate dimensions of all lots with proposed lot and block numbers. Lot sizes shall be in compliance with the applicable zoning laws,
5. The location, size and existing use of all existing and contemplated public areas within the proposed subdivision. Areas for public use, approved by the planning commission, shall be dedicated for such use as provided to the city and indicated on the final plat before recording,
6. A brief statement regarding the contemplated sewage disposal, water supply and drainage improvements for the proposed subdivision. The administrator, after consulting with the public works director, may require the installation of water, sewer, and storm drainage lines in streets within the subdivision, or easements therefor,
7. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310,
8. Minimum building setback lines according to applicable zoning laws. A “typical lot” may show setbacks for all regular shaped interior lots. All setback lines must be shown on irregularly shaped lots and corner lots,
9. If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary plat;
D. A copy in concept of all proposed restrictive covenants shall be provided;
E. A title certificate consisting of a report showing all parties having any interest in the property to be subdivided;
F. Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act) and OMC Title 18, as they now exist or are hereafter amended;
G. Names and addresses of all landowners within 300 feet of the exterior boundaries of the property proposed for platting. (Ord. 746, 1991)
17.20.020 Procedures – Generally.
The procedure set forth in OMC 17.20.030 through 17.20.100 shall be followed in submission and approval of preliminary plats. In accordance with Chapter 18.100 OMC, preliminary plat reviews will be processed simultaneously, to the extent possible, with any applications for rezones, planned developments, conditional use permits, and similar quasi-judicial or administrative actions that may be required. (Ord. 889 § 9, 2000; Ord. 746, 1991)
17.20.030 Submission.
A. The subdivider shall submit an application for preliminary plat approval to the administrator for presentation to the planning commission.
B. Ten copies of the preliminary plat and supplementary material as specified in OMC 17.16.010 shall be submitted to the planning commission.
C. The application shall be accompanied by an application fee as specified in the adopted city fee resolution but not until the application is deemed complete by the administrator. (Ord. 746, 1991)
17.20.040 Hearing – Notice.
When a complete preliminary plat application has been submitted, the administrator shall establish the date and time for a public hearing on the plat before the planning commission which shall not be more than 45 days from the date of submission thereof, except when the hearing is extended to allow for compliance with the State Environmental Policy Act (RCW 43.12.12C). The date of submission is the date the administrator accepts the submission as a complete application. Notice of the public hearing, stating time, place and purpose for which the hearing is to be held, shall be published not less than 14 days prior to the hearing, in a newspaper of general circulation. Notice of the hearing shall be mailed by the administrator at least 10 days prior to the date of the hearing, to the owners of all properties within 300 feet of the exterior boundaries of the proposed plat, as such owners appear on the records of the county assessor. Notice shall be given to cities or towns located within one mile of the proposed subdivision and the State Department of Transportation when the proposed subdivision is located adjacent to state highway right-of-way in accordance with RCW 58.17.080, as it now exists or is hereafter amended. Notice shall also be given to interested state agencies such as Washington State Department of Fisheries, Wildlife and Ecology. 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 but shall include reference to the section, township, and range. (Ord. 746, 1991)
17.20.045 Posting of property.
The applicant is responsible for posting a copy of the posting notice at three locations on and in the vicinity of the proposed subdivisions per the requirements of RCW 58.17.090. (Ord. 746, 1991)
17.20.050 Review requirements.
A. Copies of the preliminary plat, supplementary material, and environmental documents shall be forwarded by the administrator to the following agencies for their respective recommendations, if any:
1. City department heads;
2. Okanogan health district;
3. County engineer (optional);
4. County assessor (optional);
5. Any affected irrigation district;
6. Soil conservation service (optional);
7. Any school district or fire district encompassing any of the area included in the preliminary plat;
8. Any governmental agencies concerned including nearby cities, and appropriate state and federal agencies.
B. The Okanogan health district may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision.
C. The above agencies shall also be sent a notice of public hearing. The recommendations of the aforesaid public agencies, if any, shall be submitted to the city seven days prior to the scheduled review as provided for in OMC 17.20.060. (Ord. 746, 1991)
17.20.060 Public hearing.
A. The planning commission shall consider agency reports, department head comments, public testimony and all other relevant facts and consider whether the proposed subdivision makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, irrigation provisions, streets, alleys, other public ways, wildlife, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and whether the public use and interest will be served by the platting of such subdivision. If the planning commission finds that the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning commission shall recommend approval of the preliminary plat to the city council. If the planning commission finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, the planning commission shall recommend disapproval of the preliminary plat, or shall recommend appropriate changes or conditions be attached to the preliminary plat to insure that the public use and interest will be served. Pursuant to RCW 57.17.120, as it now exists or is hereafter amended, the planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of the proposed plat because of flood conditions. Construction of protective improvements may be included as a recommended condition of approval.
B. The planning commission shall, not later than 14 days following the conclusion of the public hearing, make a recommendation for approval and state conditions, if any, of such approval, or recommend disapproval. The recommendation of approval or disapproval shall be based upon the factors specified in this section and OMC 17.20.070 and every such recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation. Any conditions to be fulfilled shall be incorporated in the planning commission’s written recommendation.
C. The administrator shall transmit a copy of the planning commission’s recommendation to the city council, to the applicant and the applicant’s surveyor or engineer and all parties of record within 14 days following the issuance of the recommendation.
D. A record of the public hearing shall be kept by the city clerk and shall be open to public inspection. (Ord. 889 § 10, 2000; Ord. 746, 1991)
17.20.070 City council action.
A. Upon receipt of the planning commission’s recommendation, the council shall, at the next public meeting, set the date for the public meeting where after a closed record hearing it may adopt, modify or reject the recommendation of the planning commission. The council shall, after reviewing the record from the open record hearing, adopt its findings of fact developed from the record and conclusions in support of its decision to approve, conditionally approve or disapprove the preliminary plat.
B. No plat shall be approved by the council covering any land situated in a flood control zone as provided in Chapter 86.16 RCW, without the prior written approval of the Department of Ecology. (Ord. 889 § 11, 2000; Ord. 746, 1991)
17.20.080 Approval – Conditions.
Pursuant to RCW 58.17.110, as it now exists or is hereafter amended, the city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The council shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. The council shall also consider any recommendation from the planning commission regarding flood inundation, or other conditions to protect the health, safety and welfare, affecting the proposed plat and may require protective improvements as a condition of the approval. Any such requirement shall be noted on the face of the plat. If the council finds that the proposed plat makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and schoolgrounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the council finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, the council shall disapprove the proposed plat. Dedication of land to any public body, or fees paid in lieu thereof pursuant to OMC 17.32.060, may be required as condition of subdivision approval and shall be clearly shown on the final plat. (Ord. 746, 1991)
17.20.090 Abandoned orchard removal prerequisite.
Before final approval is given any plat, removal of an abandoned fruit orchard within the plat may be recommended by the pest and disease control board as a condition of approval in order to protect existing orchards from pests and disease associated with abandoned orchards; provided, that the recommendation may allow designated trees to remain standing on individual lots for the use and enjoyment of homeowners; provided further, that an effective program of pest and disease control is carried out by the property owners on the remaining trees pursuant to Chapter 15.08 RCW, as it now exists or is hereafter amended. (Ord. 746, 1991)
17.20.100 Decision – Notification.
The decision of the city council shall be in writing and shall include findings of fact and conclusions to support the decision, and shall be sent to the applicant and the applicant’s surveyor or engineer and all parties of record. (Ord. 889 § 12, 2000; Ord. 746, 1991)
17.20.110 Relationship of approved preliminary plat to final plat.*
A. The approved preliminary plat together with its conditions of approval shall constitute a guide to the applicant for the preparation for the final plat and to the city for conditions under which the final plat is to be approved. A final plat meeting all the requirements of this title and Chapter 58.17 RCW and other local regulations shall be submitted to the city for approval within five years from the date of preliminary plat approval by the city.
B. The applicant who files written request with the city at least 30 days before the expiration of this five-year period shall be granted by the administrator a two-year extension upon the showing that the applicant has attempted in good faith to submit the final plat within the five-year period.
C. The applicant who files written request with the city at least 30 days before the expiration of a two-year extension may be granted by the administrator one additional one-year extension upon a showing of substantial material improvements made to the subdivision and that the subdivision is at a stage of near completion.
D. Final plat approval time requirements for subsequent phases of a phased subdivision shall be the same as the time granted for single-phase subdivision extensions (maximum of three years), except that the final approval of the last phase shall in no case exceed a total period of 15 years regardless of the number of phases. (Ord. 1110 § 1, 2010; Ord. 746, 1991)
*Code reviser’s note: Ordinance No. 1110 § 2 provides: “All applications vested before the effective date of this ordinance which have received preliminary plat approval and those phased developments which have received a phased final plat approval since February 16, 2005 are hereby granted a one time continuance such that, for processing purposes, their initial preliminary plat date of approval shall be reset to coincide with the effective date of this ordinance, provided: Said applicants file a written request for the continuance with the city within ninety (90) days of the effective date of this ordinance or of the date of expiration of their Preliminary Plat approval.”
17.20.120 Decision – Review.
In accordance with RCW 58.17.180, any decision approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court of the county in which such matter is pending. Standing to bring the action is limited to the following parties:
A. The applicant or owner of the property on which the subdivision is proposed;
B. Any property owner entitled to special notice under RCW 58.17.090;
C. Any property owner or resource agency who deems themselves or a resource aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision. Application for a writ of review shall be made to the court within 30 days from any decision to be so reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the applicant. (Ord. 746, 1991)
17.20.130 Agreements to transfer land conditioned on final plat approval.
If performance of an offer or agreement to sell, lease, or 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 RCW 58.17.200 or 58.17.300 and does not violate any provision of Chapter 58.17 RCW or this title. 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 shall be permitted until the final plat is recorded. (Ord. 746, 1991)