Chapter 16.11
SHORT SUBDIVISIONS
Sections:
16.11.030 Preliminary plat conditions and requirements.
16.11.040 Referral to other departments, agencies and offices.
16.11.050 Waivers, deviations and deferrals.
16.11.070 Preliminary short subdivision application review procedures.
16.11.080 Expiration of preliminary plat.
16.11.110 Final short subdivision plat application.
16.11.120 Final plat review procedure.
16.11.010 Purpose.
The procedures regulating short subdivisions are established to provide for the orderly and efficient division of land on a small scale; to promote the public health, safety and general welfare; and to substantially comply with the provisions of Chapter 58.17 RCW. (Ord. 947 § 2 (part), 1995).
16.11.020 Scope.
The division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale or lease or transfer of ownership and which has not been divided into a short subdivision within a period of five years is subject to this chapter. (Ord. 1492 § 1, 2017: Ord. 947 § 2 (part), 1995).
16.11.030 Preliminary plat conditions and requirements.
(a) General Conditions and Requirements.
(1) The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, extensions of municipal utilities (sewer and water), drainage ways, irrigation water rights-of-way, other public ways or any municipal improvements as deemed necessary in conformance with city community street and utility standards and city design standards in effect at the time of plat approval.
(2) The subdivision shall front on an existing street. There shall be adequate access to all parcels. Streets shall be improved to city standards. Street lighting shall be provided.
(3) The subdivision shall comply with all zoning and health regulations.
(4) The subdivision shall be consistent with the city’s comprehensive plan.
(5) The subdivision shall provide for irrigation water rights-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
(6) A street lighting plan as may be required by the city engineer must be provided. The plan must be approved by the electrical utility supplying service to the streetlights and include certification that all street lighting fees have been paid or that arrangements acceptable to the city and the electrical utility have been made for the payment of required fees.
(7) The subdivision shall not have been previously divided in a short subdivision within the last five years and will not be further divided in any manner unless such proposed resubdivision complies with all provisions relating to major subdivisions in effect at the time the further subdivision is commenced.
(8) Unless an applicant for a preliminary plat approval requests otherwise, and the plat administrator agrees, a preliminary plat shall be processed simultaneously with the application for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing.
(9) Every decision or recommendation made under this chapter by the council or planning commission shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.
(10) After filing with the plat administrator, preliminary plats of any proposed short subdivision shall be approved, disapproved or returned to the applicant for modification within the period provided in RCW 58.17.140.
(11) At the discretion of the plat administrator, the requirement that a preliminary short plat be submitted may be waived. Subject to the approval of the plat administrator, a short plat without improvements may be submitted as a final plat for review and approval.
(12) A plat certificate from a title company licensed to do business in the state of Washington dated within thirty days of the date of filing of the final plat and application with the plat administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication.
(b) Specific Conditions and Requirements.
(1) Prior to submission of a short subdivision preliminary application and preliminary plat, the subdivider or the subdivider’s representative shall schedule a preapplication conference with the plat administrator and representatives of other affected city departments. The subdivider shall present a conceptual idea of the plat. The plat administrator and representatives of affected city departments will respond informally and address potential items of concern to aid the subdivider in preparing the short subdivision preliminary application and preliminary plat.
(2) The preliminary short subdivision application and plat shall be filed with the plat administrator on forms prescribed by the public works department. The application shall be accompanied by twelve copies of the preliminary plat. At the discretion of the plat administrator, the requirement that twelve copies of the preliminary plat be submitted may be waived. Processing of the preliminary plat may require fewer than twelve copies of the plat.
(3) The preliminary plat shall be a neat and accurate drawing, stamped and signed by a registered professional land surveyor licensed by the state of Washington on reproducible material at a decimal scale. The plat map shall measure eighteen inches by twenty-four inches. The preliminary plat shall be drawn in black permanent ink on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.
(4) A nonrefundable fee of two hundred fifty dollars shall accompany each and every application for a preliminary short subdivision.
(5) The preliminary plat shall contain the following:
(A) Name of proposed subdivision;
(B) Boundaries of proposed subdivision established by the preliminary survey;
(C) Location and dimensions of all existing and proposed irrigation water rights-of-way on and adjacent to the proposed subdivision;
(D) Legal description of land within the proposed subdivision;
(E) Any proposed land dedications;
(F) Name, address and seal of the registered land surveyor who made the preliminary survey;
(G) The date of the preliminary survey;
(H) Horizontal scale of the proposed plat shall be not more than one hundred feet to the inch, except that the city engineer, subject to a request prior to plat submittal, may approve an alternative plat map scale not to exceed one hundred feet to the inch;
(I) Monuments found and established during the preliminary survey;
(J) Date map is prepared, scale and north point of the map. Approximate proposed lot lines with their dimensions, including lot numbers and block numbers;
(K) If any of the parcels can be further divided or if only a portion of a tract is being divided, location of future streets, alleys and lot lines shall be shown by dotted lines;
(L) A vicinity map at a scale of not more than four hundred feet to the inch, except that the city engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet to the inch. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood;
(M) Provide recommended street names for approval;
(N) United States Bureau of Reclamation horizontal and vertical data including benchmarks;
(O) A site plan on a separate sheet showing the following information:
(i) Location and sizing of existing and proposed utilities including water, sewer, storm drains, electricity, gas, street lighting, curbs and sidewalks, telephone and cablevision lines. Minimum size and scale shall be the same as the preliminary plat map,
(ii) Existing and proposed structures and natural features and all proposed improvements within and adjoining the proposed subdivision,
(iii) Topography of the area with a maximum of two-foot intervals of contours as required by the city engineer,
(iv) Present zoning classification on and adjacent to property,
(v) Any proposed dedications or in lieu of payment (twenty-five dollars per lot) for park land subject to the approval of the planning commission,
(vi) Any deed restrictions or covenants existing or proposed shall be drawn on the site plan and preliminary plat map,
(vii) SEPA checklist,
(viii) Avigation easements,
(ix) Critical areas. (Ord. 1210 § 1, 2005: Ord. 947 § 2 (part), 1995).
16.11.040 Referral to other departments, agencies and offices.
(a) Upon receipt of a complete and satisfactory preliminary plat application, the plat administrator shall distribute copies of the preliminary plat to each of the following offices, departments or agencies within two working days from receipt:
(1) Electric utility serving the location of the plat;
(2) Telephone company;
(3) Fire department;
(4) Adams County health district;
(5) Any irrigation district with jurisdiction;
(6) Adams County assessor;
(7) Communications company;
(8) Port of Othello.
(b) The plat administrator shall further notify the police department, park and recreation department and city administrator that a preliminary plat has been received.
(c) Notice of the filing of a preliminary plat of a proposed subdivision located in the city and adjoining the municipal boundaries thereof shall be given to the Adams County planning department.
(d) Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the State Department of Highways.
(e) Each office, department or agency shall file written recommendations with the plat administrator within eight calendar days from the date of filing of the preliminary plat and application with the plat administrator. If any such office, department or agency fails to file a written recommendation within the time limitation, it may be presumed that such office, department or agency has no recommendation.
(f) If the preliminary plat is found to be unacceptable, a certified letter shall be mailed to the subdivider within twenty calendar days of receipt of the application.
(g) The plat administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations of other offices, departments or agencies. Such meeting shall be attended by those offices, departments or agencies responsible for the recommendations and must include the applicant and the plat administrator. The proceedings and results of the meeting shall be documented by minutes. (Ord. 947 § 2 (part), 1995).
16.11.050 Waivers, deviations and deferrals.
The subdivider may make application to the plat administrator on forms prescribed by the city public works department for a waiver, deviation or deferral of any provision contained in this title in accordance with Chapter 16.40; provided, that the request is received prior to the preliminary short plat approval by the plat administrator. (Ord. 1270 § 1 (part), 2008: Ord. 947 § 2 (part), 1995).
16.11.060 Dedications.
In the event that the short plat includes a dedication of streets, rights-of-way, parks, playgrounds, easements, reservations, irrigation water rights-of-way, or any area to be dedicated to public use, the plat administrator shall forward the instrument of dedication together with any restrictions or limitations thereon to the council for approval. The council shall approve the instrument of dedication prior to any short plat approval by the plat administrator. Submission of an instrument of dedication shall constitute approval in writing by the applicant for a sixty-day extension of the short subdivision preliminary plat approval period as set out in Section 16.11.030(a)(10) of this chapter. All dedications shall be recorded as part of the plat. (Ord. 947 § 2 (part), 1995).
16.11.070 Preliminary short subdivision application review procedures.
(a) Upon receipt of a complete preliminary short plat application, the plat administrator shall, within the time provided in Chapter 36.70B RCW, respond to the applicant in one of the following manners:
(1) Preliminary approval is granted as submitted;
(2) Preliminary approval is granted with modifications requested;
(3) The proposed subdivision is denied and reasons stated;
(4) Preliminary approval is withheld until planning commission and/or council approval of dedications or variance requests.
(b) The short subdivision preliminary approval shall require approval of the plat administrator and the public works director.
(c) The decision of the plat administrator shall be final, unless an appeal by any aggrieved party is made to the planning commission within fourteen working days of the date of decision of the plat administrator. Said appeal shall be in writing to the planning commission and submitted through the city clerk’s office. The planning commission shall act on that appeal within fifty days unless an extension is agreed to in writing by the applicant. The decision of the planning commission shall be final and conclusive unless, within ten days, any aggrieved party files with the city administrator a written appeal. The council shall hear that appeal within thirty calendar days of the date of the appeal.
(d) Approval of the preliminary plat shall constitute approval for the applicant/subdivider to develop and submit construction plans and specifications for approval of all facilities and improvements and, when completed or bonded, to prepare the final plat. (Ord. 1252 § 1 (part), 2007: Ord. 947 § 2 (part), 1995).
16.11.080 Expiration of preliminary plat.
(a) Approval of any preliminary short plat shall expire and become null and void one year after the date of preliminary plat approval.
(b) The plat administrator may grant one extension of the preliminary plat approval for a period not to exceed one year; provided, that the request for an extension is filed at least thirty days before the expiration of the one-year period from the date of the plat’s preliminary approval. (Ord. 947 § 2 (part), 1995).
16.11.090 Appeals.
Any decision approving or disapproving any preliminary short plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or non-action by writ or review before the superior court of Adams County. Said application for a writ of review shall be made to the court within thirty days from any decision to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the party seeking review in the superior court and no transcripts or records shall be prepared or provided prior to receipt of payment for them. (Ord. 947 § 2 (part), 1995).
16.11.100 Improvements.
(a) Following approval of the preliminary plat by the plat administrator, the applicant shall file with the plat administrator three complete sets of preliminary construction plans and specifications prepared by a professional engineer licensed by the state of Washington showing all street and utility improvements as required by the plat administrator in granting approval of the preliminary plat. All construction plans and specifications shall be in conformance with city design standards and the community street and utility standards. Sheet size shall be twenty-four inches by thirty-six inches and shall have a border of one inch on the left margin and one-half inch on the remaining three margins. The scale shall be five feet vertically unless grades exceed ten percent and forty feet horizontally.
(b) The preliminary construction plans and specifications shall be forwarded to the city engineer within two working days of receipt by the plat administrator. Within twenty calendar days of filing of the plans with the plat administrator the city engineer shall approve, conditionally approve or disapprove the plans. The subdivider shall submit one set of permanent reproducible mylar and three sets of specifications which have been approved for the city engineer’s signature, records and use.
(c) After the city engineer has approved the construction plans and specifications, the subdivider shall complete and install all street and utility improvements required by the plat administrator in granting preliminary plat approval prior to filing of the final plat. A one-year maintenance bond shall be required in the amount of one hundred percent of the construction cost.
(d) The public works department or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all subdivision improvements to ensure conformance with approved plans and specifications.
(e) In lieu of completing and installing all required street and utility improvements prior to filing of the final plat with the plat administrator, the subdivider may post a subdivision bond or other approved security in a form satisfactory to the city attorney. The subdivision bond or approved security shall be in an amount equal to one hundred fifty percent of the estimated cost as determined by the public works director, of such improvements required by the plat administrator in granting approval of the preliminary plat. In the event that all street and utility improvements are not completed within the time limit specified in the subdivision bond or approved security, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements.
(1) All street and utility improvements listed in the subdivision bond must be installed, completed and accepted by the city within one year of approval of the final plat by the plat administrator.
(2) The plat administrator may grant one extension of the subdivision bond for a period not to exceed one year; provided, that said request for an extension is filed with the plat administrator at least sixty calendar days prior to the expiration date of the bond.
(3) In the event that a time extension is granted, a new subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred fifty percent of the cost of completing utility extensions and street improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased cost estimates shall be passed onto the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond and the plat will be held in abeyance. Departments issuing recommendations for new subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the public works director to the bond or security to cover the cost of completing utility extensions and street improvements without the written consent of the applicant. (Ord. 947 § 2 (part), 1995).
16.11.110 Final short subdivision plat application.
(a) General Requirements.
(1) The final short subdivision application and plat will be filed with the plat administrator on forms provided by the public works department.
(2) All required street and utility improvements must be constructed by the applicant and must be accepted by the city of Othello or a subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred fifty percent of the estimated cost of completing all required utility extensions and street improvements as determined by the public works director. Upon completion of the required public improvements and prior to acceptance by the council, the subdivider/developer must submit a maintenance bond or alternative security approved by the city attorney in an amount determined by the city engineer and approved by the public works director. The maintenance bond amount shall be one hundred percent of the actual cost of construction. An alternative security shall be in an amount not less than ten percent nor more than one hundred percent of the actual cost of construction. The amount shall be determined on a case-by-case basis based upon the city engineer’s estimated cost of repair or maintenance should repair or maintenance be required. The subdivider/developer shall submit documentation of the cost of construction to the city engineer for his review and approval and use in determining the required bond or alternative security amount. Said bond shall be in effect for one year from the date of acceptance.
(3) The instrument of dedication of all streets, rights-of-way, parks, playgrounds, easements, reservations, irrigation water rights-of-way, and any area to be dedicated to public use, together with any restrictions or limitations thereon shall be submitted as a part of the final plat.
(4) The application shall be accompanied by the following:
(A) A plat certificate from a title company licensed to do business in the state of Washington dated within thirty days of the date of filing of the final plat and application with the plat administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication;
(B) A certificate from the Adams County treasurer indicating that all taxes and assessments on the property included in the final plat, subdivision or dedication have been paid according to the provisions of RCW 58.08.030 and RCW 58.10.040 as now enacted or hereafter amended;
(C) A certificate from the city finance director indicating that there are no delinquent special assessments or liens on the property included in the final plat, subdivision or dedication;
(D) A check payable to the city in the amount of two hundred fifty dollars to cover the cost of checking the final short plat without improvements;
(E) All covenants proposed to run with the land.
(5) The final short plat (twelve sets of prints plus the original tracing, AutoCad discs, and a reproducible Mylar copy) shall include all items in Section 16.11.030(b)(5) and any additional information and modifications requested in the preliminary approval. At the discretion of the plat administrator, the requirement that twelve copies of the final plat be submitted may be waived. Processing of the final plat may require fewer than twelve copies.
The final plat shall be prepared in a neat and legible manner in black permanent drawing ink on mylar drafting film. All documents, maps and survey notes shall contain the name of the subdivision, the name(s) of the subdivider(s) and the name of the registered land surveyor responsible to the subdivider(s). The trimmed size of the final plat shall be eighteen inches by twenty-four inches with a one and a half inch margin on the top or left margin and a one-half inch border on the remaining three margins. The final plat shall be recorded on two or more sheets if the scale necessary to accommodate the map on one sheet would unduly congest the drawing.
(6) The final short plat subdivision plat shall be approved or disapproved within twenty days from the date of filing of the final plat with the plat administrator. This time period shall be binding unless the applicant consents to an extension of time in writing.
(7) No final short subdivision plat may be approved unless the city makes a written finding of fact that the proposed subdivision is in conformance with any applicable zoning ordinances, or other land use controls which may exist.
(8) No final short subdivision plat shall be approved for any subdivision which lies in whole or in part in an irrigation district organized pursuant to Chapter RCW 87.03 unless there has been provided an irrigation water right-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
(b) Specific Requirements.
(1) The final plat shall clearly show the following information:
(A) The lines and names of all streets or other public ways, parks, playgrounds and easements intended to be dedicated for public use, or granted for use of inhabitants of the subdivision;
(B) The lines and names of all existing or platted streets or other public ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines and section lines;
(C) The lengths and bearings of all straight lines, curve radii, arcs and semitangents of all curves;
(D) All dimensions along the lines of each lot, with the true bearings and also any other data necessary for the location of any lot lines in the field;
(E) Suitable primary control points, approved by the city engineer or descriptions and ties to such control points, to which all dimensions, angles, bearings and similar data given on the plat shall be referred;
(F) The location of all permanent monuments;
(G) The names of all subdivisions immediately adjacent thereto;
(H) The date, true north point, scale, datum plane and date of survey;
(I) The boundary of the tract, the courses and distances marked thereon, as determined by a field survey made by a registered and qualified land surveyor of the state and to close with an allowable error not to exceed one foot in five thousand feet and not to exceed one foot in ten thousand feet in the central business district;
(J) The elevations of all permanent monuments based on a datum plain approved by the city engineer;
(K) A vicinity sketch map of not more than four hundred feet to the inch, except that the city engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet to the inch;
(L) Street names;
(M) Certification by registered land surveyor of accuracy of plat and survey;
(N) Statement by owner dedicating streets, rights-of-way, and any sites for public use;
(O) Location and dimensions of all irrigation water rights-of-way;
(P) Provide legal description of the plat boundaries.
(2) All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth.
(3) The scale of the final plat shall not be more than one hundred feet to the inch, except that the city engineer, subject to a request prior to plat submittal, may approve an alternative plat map scale not to exceed one hundred feet to the inch.
(4) If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid ambiguity.
(5) The final plat shall be accompanied by improvement plans and specifications including utilities, streets, grades, and appurtenances as provided for in Section 16.11.100, Improvements.
(6) The subdivider’s land surveyor shall set all required monuments and shall stake all lot corners as shown on the final plat before the plat is submitted for final approval.
(7) The final plat shall contain the legal description of the subdivision and the following dedication, acknowledgment and endorsement statements shall appear in the following sequence in black permanent ink either by hand or mechanical device:
Dedication
The owner of the land described herein fee simple is_______________. The owner declares this plat and dedicates to the public forever, all streets, roads, alleys, easements or whatever public property there is shown thereon for any and all public purposes not inconsistent with the uses shown on this plat.
Dated__________
Signed____________________
Acknowledgment
State of Washington
County of Adams
I certify that I know or have satisfactory evidence that _______________ signed this instrument and acknowledged it to be his/her and voluntary act for the uses and purposes mentioned in the instrument.
Dated ______________________________
_______________________________
Notary Public
_______________________________
Print or Type Name of Notary Public
My appointment expires________________
Surveyor’s Certification and Declaration
I hereby certify that this plat is a true and correct representation of the lands actually surveyed.
I hereby declare that the plat of_______________ is based on actual survey and subdivision of a portion of Section_____ Township _____ North Range _____ East, W.M., that the distances and courses and angles are shown thereon correctly to the best of my knowledge, information, and belief; and that proper monuments have been set and lot corners are staked on the ground.
____________________________
Licensed Land Surveyor
EXAMINED AND APPROVED BY THE OTHELLO PUBLIC WORKS DEPARTMENT
___________________________
PUBLIC WORKS DEPARTMENT
EXAMINED AND APPROVED BY THE OTHELLO CITY ADMINISTRATOR ON _______________, 20_____
____________________
ATTEST:
____________________
City Clerk
This is to certify that all taxes and assessments which are now due and payable according to the records of Adams County have been fully paid.
____________________
Treasurer
__________
Date
Filed for record at the request of the City of Othello this _____ day of __________, 20_____ at _____m., and recorded in Volume_____ of Plats, on Page_____, records of Adams County, Washington.
____________________
Adams County Auditor
____________________
Deputy County Auditor
(8) Submit all lot, block, and boundary closures to the city engineer with the final plat submittal. (Ord. 947 § 2 (part), 1995).
16.11.120 Final plat review procedure.
(a) Upon receipt of the final subdivision application and plat, the plat administrator shall, within two working days of receipt, distribute copies to all offices, departments and agencies receiving the preliminary plat. Each office, department or agency shall file written recommendations with the plat administrator within fifteen calendar days from the date of filing of the final plat with the plat administrator. If any such office, department or agency fails to file a written recommendation within the time limitation, it may be presumed that such office, department or agency has no recommendation.
All offices, departments and agencies issuing recommendations for final plat approval shall not modify the terms of preliminary plat recommendations without consent of the subdivider.
(b) Within fifteen days of filing of the final plat the city engineer shall review the final plat and submit to the plat administrator a written report with respect to the following conditions:
(1) That the proposed final plat bears the required certificates and statements of approval;
(2) That a title report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the plat certificate;
(3) That the facilities and improvements required to be provided by the subdivider have been completed or alternatively that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with Section 16.11.100 of this chapter;
(4) That the plat is technically correct as certified by the land surveyor responsible for the plat.
(c) Within fifteen days of filing of the final plat, the Adams County health district or other agency furnishing sewage disposal and supplying water shall review the final plat and submit to the plat administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of sewage disposal and water supply.
(d) Within fifteen days of filing of the final plat the appropriate irrigation district serving or from which the real property is entitled to be served with irrigation water shall review the final plat and submit to the plat administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of the delivery of irrigation district entitlement water and as to the adequacy of the proposed means of removal of irrigation wastewater.
(e) Final Plat Approval.
(1) The plat administrator shall, within twenty days from the date of filing of the final subdivision application and plat, approve or disapprove the final plat, unless the subdivider consents to an extension of that time period in writing.
(2) If the plat administrator finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, the requirements of Chapter 58.17 RCW, other applicable state laws and any other requirements, the plat administrator shall approve the final plat.
(3) The decision of the plat administrator shall be final, unless an appeal by any aggrieved party is made to the planning commission within ten days of the date of decision of the plat administrator. Said appeal shall be in writing to the planning commission and submitted through the public works department. The public works department shall date and record the receipt of said appeal. The planning commission shall act on that appeal within forty calendar days unless an extension is agreed to in writing by the applicant. The decision of the planning commission shall be final and conclusive unless, within ten days, any aggrieved party files with the city administrator a written appeal. The council shall hear that appeal within twenty days of the date of appeal. (Ord. 947 § 2 (part), 1995).
16.11.130 Final plat fees.
Upon approval of the final short plat by the plat administrator, the subdivider shall remit the following fees prior to the plat being officially signed and recorded with the county auditor:
(a) When applicable, voluntary payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision as allowed by and pursuant to RCW 82.02.020;
(b) When applicable, a certificate from the Adams County auditor certifying that covenants to the property title have been recorded and filed shall accompany final plat fees;
(c) Any applicable fees to the state Department of Social and Health Services (DSHS) and Department of Ecology (DOE);
(d) The applicant shall be responsible to reimburse the city for administrative costs incurred by the city to review, process and approve, modify or disapprove the plat submitted. The applicant shall be responsible for all engineering, legal and other consulting fees and costs incurred by the city to the extent said fees and costs exceed the application fees, and the applicant shall be advised of those costs by the city clerk. The applicant shall pay such fees as billed by the city clerk. A failure to pay within thirty days any such fee billed by the city clerk shall result in a suspension of the processing of the plat on the basis that such failure to pay evidences an abandonment of the plat application. The applicant shall pay such costs in full before the final plat is signed by the city administrator;
(e) Upon signing of the final short plat by the city administrator, the applicant shall pay all recording fees and have the plat recorded with the Adams County auditor, and return two copies along with a set of Mylars, and recorded covenants (if any) to the city within thirty days. (Ord. 1252 § 1 (part), 2007: Ord. 947 § 2 (part), 1995).
16.11.140 Filing final plat.
(a) Upon receipt of all required final plat fees the plat shall be signed by the following officials:
(1) Public works director;
(2) City administrator.
(b) The plat administrator shall transmit the original Mylar plat to the county auditor for final filing. One reproducible copy shall be forwarded with the original to be confirmed and returned to the city engineer for the city engineer’s record. One paper copy shall be filed with the county assessor. (Ord. 947 § 2 (part), 1995).
16.11.150 Vested rights.
A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances and regulations in effect at the time of approval pursuant to RCW 58.17.150(1) and (3) for a period of five years after final plat approval unless the council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. In the event the developer has elected to proceed to post a bond or other security approved by the city attorney in lieu of completion of plat improvements in order to obtain final plat approval, building permits may issue for buildings within the plat, but no certificates of occupancy will issue until all plat improvements are constructed, approved and a maintenance bond posted for those improvements. (Ord. 947 § 2 (part), 1995).
16.11.160 Appeals.
Any decision approving or disapproving any final short subdivision plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action or nonaction by writ of review before the superior court of Adams County. Said application for a writ of review shall be made to the court within thirty days from any decision to be reviewed. The cost of transcriptions of all records ordered certified by the court for such review shall be borne by the party seeking review in the superior court and no transcripts shall be prepared or provided prior to receipt of payment for them. (Ord. 947 § 2 (part), 1995).