Chapter 17.20
PRELIMINARY PLATS
Sections:
17.20.030 Procedures—Generally.
17.20.035 Time limitations on approval, disapproval of plats—Extensions (RCW 58.17.140).
17.20.040 Application/processing fee.
17.20.080 Review requirements.
17.20.110 Planning commission recommendation—Factors to be considered.
17.20.120 Planning commission recommendation—Decision.
17.20.130 City council action.
17.20.140 Approval—Conditions.
17.20.150 Abandoned orchard removal prerequisite.
17.20.160 Decision—Notifications.
17.20.170 Relationship of approved preliminary plat to final plat.
17.20.180 Decision—Review—Appeals.
17.20.190 Agreements to transfer land conditioned on final plat approval.
17.20.200 Payment of services.
17.20.010 Administration.
(a) The administrator is vested with the duty of administering and interpreting the subdivision provisions of this title;
(b) The administrator may prepare and/or require the use of such forms or surveys 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 Section 17.20.020; and
(d) The city of Omak planning commission is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the Omak city council to approve, approve with conditions, or deny any subdivision proposed within the city of Omak. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.020 Requirements.
(a) 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, water, sewage, fire protection, other similar improvements, and the availability of existing services and utilities. To this end, the applicant is required to request a preapplication conference as set forth in Section 19.05.030(a).
(b) The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals two hundred feet, unless the administrator requests or authorizes a different scale (i.e., administrator may allow a smaller or require a larger scale if needed to better fit the proposal), and which shall include the following information which shall be shown on the plat if practicable; but if not, by separate accompanying statements as determined by the administrator:
(1) General Information.
(A) Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in the city of Omak;
(B) Location of the subdivision by section, township and range;
(C) Names and addresses of the owners, subdivider, designer of the subdivision and the licensed surveyor and engineer if appropriate;
(D) Scale, north arrow and date;
(E) A full and correct legal description of the entire lot, tract, parcel, site or division constituting the applicant’s property, as recorded in the Okanogan County auditor’s office; and
(F) A vicinity sketch at a scale between four hundred and eight hundred feet to the inch shall accompany the preliminary plat. The vicinity sketch shall show all adjacent subdivisions, streets, and tract lines of adjacent parcels, with the names of owners of record of such parcels when described by metes and bounds. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in all adjacent territory so that an advantageous development of the entire area can be achieved.
(2) Existing Conditions.
(A) Boundary lines of the proposed subdivision including monuments and markers, approximate distance and area enclosed;
(B) Existing restrictive covenants;
(C) Elevations shall be shown by contour lines at a minimum of five-foot intervals if determined by the administrator to be needed in the preliminary review;
(D) The location, name, designation as to public or private, present improvements and right-of-way width, and type of surfacing of all streets, alleys and rights-of-way on and adjacent to the tract; location of any existing walks, curbs, gutters; the location, pipe size and grades of all existing sewers, water mains, culverts, buried electrical or telephone conduits and surface and subsurface drains, railroad lines or other private improvements, and utilities including storm drains;
(E) Approximate width, location and purpose of all existing easements;
(F) The approximate location of all designated floodways and one-hundred-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses;
(G) The approximate location of all areas designated in the city of Omak shoreline master program;
(H) The approximate location of all designated critical areas;
(I) 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 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 locations, size and existing use of all existing and contemplated public areas within the proposed subdivision. Areas designated for public use as recommended by the planning commission shall be dedicated for such use by easement to the city of Omak if approved by council and indicated on the final plat before recording;
(6) A brief statement and preliminary layout of proposed facilities 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 in accordance with Chapter 17.32 and with the recommendations of the city engineer;
(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; and
(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 full or partial interest(s) in the property to be subdivided;
(f) Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act (SEPA)) and the city’s SEPA guidelines, Chapter 2.60, as they now exist or are hereafter amended; and
(g) Names and address of all landowners within three hundred feet of the exterior boundaries of the property proposed for platting. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.030 Procedures—Generally.
The procedures and requirements set forth in Sections 17.20.020 through 17.20.200 shall be followed in submission and approval of preliminary plats. It is intended that, to the extent possible, preliminary plat reviews will be processed simultaneously with any applications for rezones, planned developments, conditional use permits, and similar quasi-judicial or administrative actions that may be required. If requested by the applicant, the city may process an annexation concurrently with a subdivision application. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.035 Time limitations on approval, disapproval of plats—Extensions (RCW 58.17.140).
(a) Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety-day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.
(b) Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period.
(c) Except as provided by subsection (c)(1) of this section, a final plat meeting all requirements of this chapter shall be submitted to the city council for approval within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015.
(1) A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within ten years of the date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.
(d) Nothing contained in this section shall act to prevent the city from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. (Ord. 1812 § 1 (Exh. A)(part), 2015).
17.20.040 Application/processing fee.
The submittal of an application for preliminary plat shall be accompanied by a nonrefundable processing fee as specified in the adopted city of Omak fee schedule. Upon determination by the administrator that the application is complete in accordance with Section 19.05.030(c)(3), the administrator shall request payment of the application fee; provided, that the amount of the processing fee shall be subtracted from the amount of the application fee. No application shall be vested and official review initiated until the application has been deemed complete and the application fee paid. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.050 Submission.
The subdivider, following a preapplication conference as required in Section 19.05.030(a), shall submit an application for preliminary plat approval along with the processing fee to the administrator.
The administrator then reviews the application and related materials for completeness in accordance with Section 19.05.030(c). (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.060 Hearing—Notice.
When a complete preliminary plat application has been accepted as complete the administrator shall establish the date and time and provide notice for a public hearing in accordance with Section 19.05.040. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.080 Review requirements.
(a) Copies of the preliminary plat, supplementary material, and environmental documents shall be forwarded by the administrator to the following agencies, as deemed appropriate, at least thirty days prior to the hearing date for their respective recommendations, if any:
(1) City department heads;
(2) Okanogan County health district;
(3) City consulting engineer;
(4) Okanogan County assessor, planning department and/or public works;
(5) Any affected irrigation district and/or public or private utilities (electrical, telephone, telecommunications, cable, water, etc.);
(6) Natural Resources Conservation Service;
(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. State agencies may include Departments of Fish and Wildlife, Ecology, Health, Transportation, Natural Resources, Commerce, etc., depending on location and scope of project. Federal agencies may include the Environmental Protection Agency, Corps of Engineers, Fish and Wildlife Service, Bureau of Reclamation, Bureau of Indian Affairs, etc., depending on location and scope of project;
(9) Omak planning commission;
(10) Okanogan County noxious weed board (if the plat contains agricultural uses); and
(11) Confederated Tribes of the Colville Indian Reservation.
(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 all also be sent a notice of public hearing. The recommendations of the aforesaid public agencies, if any, shall be submitted to the city of Omak a minimum of seven days prior to the hearing provided for in Section 17.20.100.
(d) The administrator shall review the application and related materials for consistency between development regulations and SEPA in accordance with Section 19.05.050. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.090 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 proposed plat and any comments received from commenting agencies and departments and interested citizens. The report shall also review the proposed plats conformance with subdivision standards, other land use regulations, and the city comprehensive plan. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.100 Public hearing.
(a) An open record public hearing shall be held before the planning commission in accordance with Section 19.05.060.
(b) A record of the public hearing (minutes and digital recording) shall be kept by the city clerk and shall be open to public inspection. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.110 Planning commission recommendation—Factors to be considered.
(a) The planning commission shall consider the following when preparing its recommendation to the city council:
(1) Staff report, agency, department or other reports and comments;
(2) Public testimony and all other relevant facts;
(3) The SEPA checklist and determination submitted with the proposal shall be incorporated as a condition for approval of the proposal unless modified by the planning commission and approved by the administrator and/or the city council.
(b) The planning commission must consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare and for such open spaces, drainage-ways, irrigation provisions pursuant to RCW 58.17.310, streets, alleys, other public ways, fish and wildlife and their habitat, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and including the comprehensive plan, zoning ordinance and other land use controls, and whether the public use and interest will be served by the platting of such subdivision.
(c) 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, providing requirements for preliminary plat approval are completed prior to submittal to the city council.
(d) 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 58.17.120, 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 landslide/erosion hazards and/or flood, inundation or swamp conditions. Construction of protective improvements may be included as a recommended condition of approval. No plat shall be approved covering any land situated in a flood control zone as provided in Chapter 86.15 RCW, without the prior written approval of the Department of Ecology. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.120 Planning commission recommendation—Decision.
(a) The planning commission shall issue its findings and notice of decision in accordance with Section 19.05.060(j). The recommendation of approval or disapproval shall be based upon the factors specified in Section 17.20.110 and shall be in writing in the form of a letter of transmittal and shall include findings of fact and conclusions to support the recommendation including a finding that the proposed subdivision is in conformity with any applicable zoning ordinance or other land use controls and has access to adequate urban services. Any conditions to be fulfilled shall be incorporated in the planning commission’s written recommendation.
(b) The administrator shall transmit a copy of the planning commission’s recommendation in accordance with Section 19.05.060(j). (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.130 City council action.
The recommendation of the planning commission shall be submitted to the city council for final decision in accordance with Sections 19.05.060 and 19.05.070. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.140 Approval—Conditions.
(a) 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, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public use and interest will be served by the subdivision and dedication. The council shall also consider any recommendation from the planning commission regarding any physical constraints, SEPA mitigation measures 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.
(b) If the council finds that the proposed plat makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, 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 may disapprove the proposed plat. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.150 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 pest 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. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.160 Decision—Notifications.
The decision of the Omak city council shall be in accordance with Section 19.05.070. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.170 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 of 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 as provided in Section 17.20.035 (time limitations).
(b) An applicant who files a written request with the city at least thirty days before the expiration of the time periods provided in Section 17.20.035 shall be granted one one-year extension upon the showing that the applicant has attempted in good faith to submit the final plat within the appropriate period. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.180 Decision—Review—Appeals.
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 Okanogan County. Appeals are subject to the procedures and timeline in Section 19.05.070. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.190 Agreements to transfer land conditioned on final plat approval.
(a) If the 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 RCW 58.17.200 or 58.17.300 and does not violate any provisions of this chapter or ordinance.
(b) 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. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).
17.20.200 Payment of services.
(a) When deemed necessary, the city may retain outside consultants to evaluate any phase of plat review and construction; the cost of such services shall be borne by the developer who shall be billed for the actual cost to the city. Billings shall be tendered and payable within thirty days.
(b) If the developer (subdivider) believes the costs to be unreasonable, an appeal may be made to the city council for their review and determination. (Ord. 1812 § 1 (Exh. A)(part), 2015: Ord. 1226 (part), 1993).