Chapter 17.24
FINAL PLATS
Sections:
17.24.020 Time limit for submission.
17.24.040 Review and approval.
17.24.050 Time limit for recording.
17.24.060 Final plat alteration.
17.24.070 Final plat vacation.
17.24.010 Requirements.
The final plat shall conform substantially to the preliminary plat and shall incorporate any conditions or recommendations imposed by the planning commission. Any required signatures shall be in permanent black ink on the original document to be filed.
A. A complete survey of the section or sections necessary to establish the corner(s) of the quarter section in which the plat is located or as much thereof as may be necessary to properly orient the plat within such section or sections. The survey shall be submitted with copies of complete field notes and computations showing original or reestablished corners, with descriptions of and reference ties to all corners and copies of field notes of traverse showing error of closure and method of balancing, with sketch showing all distances, bearings and calculations required to determine corners and traverse distance of the plat. The allowable error of closure shall not exceed one foot in 10,000 feet;
B. Tract boundary lines, property lines of lots, open space, other sites and other rights-of-way, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves;
C. Name and right-of-way width of each street, easement or other right-of-way;
D. Location, dimensions, beneficiary and purpose of any easements;
E. Number to identify each lot or site and block;
F. Purpose for which sites, other than residential lots, are dedicated or reserved;
G. Locations and description of monuments existing or set, permanent control monuments shall be established at each and every controlling corner of the boundaries of the parcel of land being subdivided. The public works director shall determine the number and location of permanent control monuments within the plat;
H. Reference to recorded subdivision plats of adjoining platted land by record name, date and number;
I. A certification by a PLS (professional land surveyor) in a form acceptable to the city that the plat is a true representation of the lands actually surveyed;
J. Appropriate certificate indicating consent by all those persons having ownership rights in the property in a format acceptable to the city;
K. A certificate in a format acceptable to the city regarding participation in any irrigation district;
L. A certificate acceptable to the city relating to any flood hazard areas and/or any city shoreline management areas in accordance with RCW 58.17.165;
M. Certification regarding any streets, rights-of-way, easement for private, semiprivate or public use;
N. Certificate from the county treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification by the treasurer have been fully paid, satisfied or discharged;
O. Certification of approval by a licensed engineer, acting on behalf of the city, as to the survey data, layout of streets, alleys and other rights-of-way, design of bridges, sewage or water systems and other structures;
P. Certification of approval by the mayor;
Q. Acknowledgment from the county health district or other agency furnishing sewage disposal and/or supplying water as to the adequacy of the proposed means of sewage disposal and water supply;
R. Title, scale, north arrow and date;
S. A certification shall be submitted together with the plat certifying that the subdivider has either:
1. Completed improvements in accordance with these regulations and with the action of the city council giving approval of the preliminary plat, or
2. Submitted a bond or certified check in sufficient amount to assure completion of all required improvements at a future specified date not to exceed one year;
T. Such other certificates, affidavits or endorsements as may be required by city council in the enforcement of these regulations;
U. A copy of any proposed CC&Rs (covenants, conditions and restrictions) to be recorded with the proposed subdivision;
V. A list of the conditions required as part of the approval of the preliminary plat by the city council together with annotation of how they have been and/or will be complied with. (Ord. 746, 1991)
17.24.020 Time limit for submission.
The original tracing and four copies of the final plat and other exhibits required for approval as specified in OMC 17.24.010 shall be submitted to the office of the City Hall and shall be accompanied, by a written request for approval of the final plat, and shall be accompanied by the final plat processing fee as specified in the adopted fee resolution. The final plat shall be submitted to the planning commission within two years of the date of preliminary plat approval. An applicant who files a written request with the administrator at least 30 days before the expiration of this two-year period shall be granted a one-year extension on a showing that the applicant has attempted in good faith to submit the final plat within the two-year period. (Ord. 746, 1991)
17.24.030 Drawings.
The final plat shall be drawn on stable base mylar or equivalent material at such a scale as to make a map 18 inches wide by 24 inches long and shall be at a scale of at least one inch equals 100 feet unless the administrator requests or authorizes a different scale. Where necessary, the plat may be on several sheets, including match lines, accompanied by an index sheet showing the entire subdivision. (Ord. 746, 1991)
17.24.040 Review and approval.
A. The administrator shall review the final plat for conformance to conditions imposed on the approved preliminary plat. Approval shall be indicated by the signature of the administrator or the administrator’s designee on the original tracing.
B. Upon the receipt of a proposed final plat, the city council shall at their next public meeting set a date for consideration of the final plat at a public meeting. Note of the date, time and location of the public meeting shall be given to the subdivider, surveyor, public works director and the county health officer at least four days prior to the date of the public meeting.
C. When the city council finds that the final subdivision conforms to all terms of the preliminary subdivision approval and that said subdivision meets the requirements of OMC Title 17 and Chapter 58.17 RCW, as both these regulations were in effect of preliminary plat approval, the city council shall authorize the mayor to sign the final plat, after which mayor shall suitably inscribe and execute their written approval on the face of the plat. The subdivision shall be governed by the terms of approval 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.
D. Final plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 746, 1991)
17.24.050 Time limit for recording.
The final plat shall be recorded within 60 days following the date of approval of the final plat by the city council. If the subdivider fails to file his final plat prior to the expiration of the above time period, he shall resubmit the plat in accordance with OMC 17.20.010. (Ord. 746, 1991)
17.24.060 Final plat alteration.
A. Application. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided under OMC 17.24.070, that person shall submit an application to request the alteration to the planning commission on an application form available from the administrator, including a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be accompanied by the following:
1. The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;
2. If the subdivision is subject to restrictive covenants which were filed in conjunction with the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
B. Hearing – Notice. Upon receipt of an application for alteration, the planning commission shall provide notice of the application to all owners of property within the subdivision as provided for in OMC 17.20.040. Said notice shall establish a date for a public hearing before the planning commission, which shall not be more than 45 days from the date of the submission thereof.
C. Review Requirements. Copies of the application for alteration and supplementary material shall be forwarded by the planning commission to the following agencies for their respective recommendations, if any:
1. City department heads;
2. County health district;
3. County assessor (optional);
4. Any affected irrigation district;
5. Soil conservation service (optional);
6. Any school district, public utility district, noxious weed control district and/or fire district encompassing any of the area included in the plat alteration.
7. Any governmental agencies concerned including nearby cities, and appropriate state and federal agencies.
The above agencies shall also be sent a copy of the public notice.
D. Staff Report. The administrator shall prepare a staff report, including findings of fact, to present to the planning commission. The staff report shall include a review of the plat alteration for conformance with subdivision standards, other land use regulation, and the city comprehensive plan.
E. Planning Commission Action. The planning commission shall review and evaluate the requested plat alteration for compliance with the currently applicable standards for subdivision in the city and provide a recommendation to the city council.
F. City Council Action. The recommendation of the planning commission shall be submitted to the city council not later than 14 days following their action on the proposed plat alteration. Upon receipt of the recommendation, the city council shall at its next public meeting set the date for public meeting. The city council shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration.
G. Assessment District. If any land within the alteration is part of an assessment district, any outstanding taxes, assessments and charges shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.
H. Dedication. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
I. Drawings and Filing. After approval of the alteration, the city council shall order the applicant to produce the revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor which, after signatures of the authorities whose approval appeared on the original plat, shall be filed with the county auditor to become the lawful plat of the property. (Ord. 746, 1991)
17.24.070 Final plat vacation.
A. Application.
1. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the planning commission.
2. The application shall set forth the reasons for vacation and shall be accompanied by the following:
a. The signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.
b. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
B. Procedure Relating to Roads.
1. When the vacation application is specifically for a city street, the procedures for street vacation in Chapters 36.87 and 35.79 RCW shall be utilized for the street vacation.
2. When the application is for the vacation of the plat together with the streets, the procedure for vacation in this section shall be used, but variances of streets may not be made that are prohibited under RCW 36.87.130.
C. Hearing – Notice and Procedure. Upon receipt of an application, the planning commission shall give notice as provided in OMC 17.20.040, and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision.
D. Title to Vacated Land.
1. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, town, or county, shall be deeded to the city, town, or county, unless the city council shall set forth findings that the public use would not be served in retaining title to those lands.
2. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public, for public use other than a road or street, and the city council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the city council. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
E. Notification and Record of Action. After approval of the vacation, the city council shall direct the city clerk to notify all parties of the vacation and to file a copy of their action with the county auditor to become part of the record. (Ord. 746, 1991)