Chapter 16.12
SHORT PLATS AND SHORT SUBDIVISIONS
Sections:
16.12.030 Procedures—Generally.
16.12.060 Public and agency notice.
16.12.070 Affected agency and city department review.
16.12.080 Application and contents.
16.12.090 Land survey requirements.
16.12.100 Improvement requirements.
16.12.120 Notice of action on short plat application.
16.12.130 Short plat recording form contents.
16.12.140 Approval of short plats.
16.12.150 Filing of short plats.
16.12.160 Short plat—Decision appeals.
16.12.170 Short plat amendment.
16.12.190 Payment for additional services.
16.12.010 Administration.
A. The administrator is vested with the duty of administering and interpreting the short plat provisions of this title and with the authority to summarily approve, approve with conditions, disapprove or return for modification proposed short plats; provided, no short plat shall receive final approval without the public works superintendent’s approval and signature indicating such on the face of the plat;
B. The administrator shall prepare and require the use of such forms as deemed necessary to administer this title; and
C. It shall be within the administrator’s power to grant minor deviations from literal compliance with requirements of this chapter insofar as the applicant can establish to the administrator’s satisfaction all conditions listed in Section 16.12.050 of this chapter.
(Ord. 98-570 § 3.01, 1998)
16.12.020 SEPA review.
If the proposed short subdivision includes lands covered by water, or if it is within a short subdivision previously exempted as such under Subsection 197-11-800(6)(a)WAC, as now exists or is hereafter amended, SEPA review shall be conducted in accordance with Chapter 197-11 WAC, as now existing or as amended. (Ord. 98-570 § 3.02, 1998)
16.12.030 Procedures—Generally.
A. Short plats shall be approved, approved with conditions, or denied, within thirty (30) days of an application being deemed complete and processing being initiated as described in this section, provided, that if the administrator determines that the short plat requires SEPA review, this period shall be extended to sixty (60) days, provided further, that if an environmental impact statement is required as provided in RCW 43.21C.030, the sixty (60) day period shall not include the time spent prior to final approval of the environmental impact statement by the lead agency.
B. 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 short plat application.
C. Public meetings or hearings, that may be required pertaining to the short plat or those applications mentioned in subsection B of this section may be combined with any public meeting or open record public hearing that may be required by another local, state, regional, federal or other agency.
(Ord. 98-570 § 3.03, 1998)
16.12.040 Application fee.
The fee for a short plat application is paid in two phases: (1) a nonrefundable preliminary processing fee for submission, including a fee for SEPA processing if SEPA is required; and, (2) the remainder of the fee, which shall be collected when the application is deemed complete and the applicant is confident they wish to proceed. Submission of an application for a short plat shall be accompanied by the nonrefundable processing fee as specified in the adopted city fee resolution. Upon determination by the administrator that the application is complete, the administrator shall notify the applicant and 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 reviewed for completeness until the nonrefundable processing fee is paid. Furthermore, no application shall be processed until the application has been deemed complete and initialized for processing. The application is complete when the submittals described in Section 16.12.050(A) of this chapter are received. An application shall be considered initialized for processing when it is deemed complete, the application fee is paid and final copies are submitted as described in Section 16.12.050(B) of this chapter. (Ord. 98-570 § 3.04, 1998)
16.12.050 Submission.
A. The subdivider, following a preapplication conference if requested, shall submit an application for short plat approval along with the processing fee to the administrator. The administrator shall then review the application and related materials for completeness. Within twenty-eight (28) days of receiving an application, the administrator shall inform the applicant, in writing, whether or not the application is complete. If additional information is necessary complete the application, the administrator shall specify what information is needed. Within fourteen (14) days of the date that the administrator receives all additional requested information, the applicant shall be notified whether the application is complete or what additional information is necessary.
B. Once the administrator determines the application is complete, he or she shall notify the applicant in writing that the application is complete and processing shall commence upon receipt, by the city, of the following:
1. Payment of the application fee;
2. Fifteen (15) copies of the proposed short plat and supplementary material as specified in Section 16.12.080 of this chapter. Upon acceptance of subsections (B)(1) and (B)(2) of this section the application shall be considered initialized and full permit processing may begin.
C. Within fourteen (14) days the application process being initialized, the administrator shall:
1. If required, review the SEPA checklist and make a threshold determination in accordance with the city’s SEPA ordinance, as they currently exist and may hereafter be amended. The administrator may circulate the SEPA checklist to affected agencies prior to making a threshold determination;
2. Provide notice of application which shall include a notice of SEPA determination, if applicable, as specified in Sections 16.12.070 of this chapter; then
3. Circulate the application and related materials to the public works department, planning commission, and other affected agencies, as indicated in Section 16.12.070 of this chapter.
(Ord. 98-570 § 3.05, 1998)
16.12.060 Public and agency notice.
A. Within fourteen (14) days of the application being initialized, a notice of application shall be published in the city’s official newspaper. The notice of SEPA determination shall be combined with the notice of application. This notice shall indicate the location of the property, provide for a fourteen (14) day written comment period, indicate where to send or deliver written comments and shall indicate the closing date of the comment period.
B. Notice of the application and SEPA determination shall be mailed by the administrator to the owners of all properties within three hundred (300) feet of the exterior boundaries of the parent parcel being subdivided, as such owners appear on the records of the county assessor. The notice shall contain the same information indicated this subsection. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of property which lie adjacent to the property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
C. If SEPA review is required, notice of application and SEPA determination shall be mailed to all affected agencies. The State Department of Transportation shall always be considered an affected agency, regardless as to whether SEPA is required, when the proposed subdivision is located adjacent to or state highway right-of-way in accordance with 58.17.080 RCW, as it now exists or is hereafter amended.
(Ord. 98-570 § 3.06, 1998)
16.12.070 Affected agency and city department review.
Pursuant to Section 16.12.060 of this chapter, copies of the short plat proposal, supplementary material, and environmental documents shall be forwarded by the administrator to the following, as deemed appropriate, for comment. The comments and/or recommendations of these agencies, if any, shall be submitted to the city by the close of the comment period as indicated in the notice.
A. City department heads and planning commission;
B. Okanogan County health district;
C. City engineer;
D. County assessor, planner and/or public works;
E. Any affected irrigation district and/or public or private utilities (electrical, telephone, cable, water, etc.);
F. Soil conservation service;
G. Any school district or fire district encompassing any of the area included in the preliminary plat;
H. Any governmental agencies concerned including nearby cities, and appropriate state and federal agencies. State agencies may include Departments of Fisheries, Wildlife, Ecology, Health, 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;
I. Okanogan County horticulture pest and disease control board (if the plat contains agricultural uses); and
J. Confederated Tribes of the Colville Indian Reservation.
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. (Ord. 98-570 § 3.07, 1998)
16.12.080 Application and contents.
A. Application for a short subdivision shall be submitted to the administrator on an application form provided by the administrator including a legibly drawn representation with dimensions of the parcel to be divided and the lot lines to be created in carrying out the short plat. The application form shall contain, but not be limited to, the following information:
1. Name, address and phone number of land owner(s) and surveyor;
2. Property owners of record within three hundred (300) feet of the external boundaries of the proposed subdivision;
3. Comprehensive plan designation and zoning for the subject property;
4. Shoreline environmental designation if appropriate;
5. Source of water; and
6. Method of sewage disposal.
B. A copy of any existing or proposed covenants for the property shall also be included with the application information. If necessary to clearly show the necessary information, a larger drawing may be attached and referenced in the application form. The submitted drawing shall include:
1. The entire lot, tract, parcel, site or division constituting the parent parcel and its legal descriptions;
2. The parcel number or numbers as assigned to applicant’s land by the county assessor, together with their legal descriptions and the names or recording numbers of any contiguous subdivisions or short subdivisions;
3. Lines marking the division of the property into the proposed four or less lots, tracts, parcels, sites or divisions along with the name of the subdivision, dimensions of each lot, designation of each lot by numbers or letters, proposed street addresses for each lot and an arrow pointing north;
4. Location of existing roads or streets, or existing deeds or easements with their auditor’s file numbers, together with designation of “public” or “private” regarding the road and the beneficiary of the easement;
5. Location of any roads, rights-of-way or easements proposed to serve the short plat with a clear designation of their purpose and nature, including whether they will be private or dedicated public roads, right-of-ways or easements;
6. Certification by a PLS (professional land surveyor) if required under Section 16.12.090 of this chapter;
7. The name of proposed short subdivision;
8. Existing and proposed utilities serving the short subdivision including water and sewer;
9. The location of local schools and proposed means of pedestrian access for students who walk to and from school.
(Ord. 98-570 § 3.08, 1998)
16.12.090 Land survey requirements.
A. A proposed short plat of land not previously platted or short platted shall be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey.
B. A land survey by a registered land surveyor is not required for proposed short plats of land previously platted or short platted unless the administrator determines that a survey is necessary to clearly establish property boundaries. Proposed short plats not requiring a land survey may be prepared by the landowner or his authorized agent.
C. A short plat involving a dedication, public easement or right-of-way shall be prepared as a result of a land survey.
D. All proposed short plats requiring a land survey shall be referenced from two monumented section or quarter section corners or to two other suitable permanent control monuments.
E. All lot corners determined as a result of a land survey shall be established by the placement of permanent survey monuments.
(Ord. 98-570 § 3.09, 1998)
16.12.100 Improvement requirements.
A. Street, utility, lighting, storm drainage and sidewalk improvements in accordance with the city development standards manual are required for each short subdivision.
B. In the event the required improvements for a short subdivision are of a lesser size, quality, or availability than those improvements which would be required of a regular subdivision, then each lot in the short subdivision shall be committed on the face of the short plat, as an obligation or covenant running with the land, to participate in future local improvement districts for the construction of improvements at the time the local improvement district is formed.
C. Road rights-of-way shall be built to city street standards and dedicated to the city if the short subdivision contains two or more lots which are contiguous to:
1. An existing subdivision where partial street right-of-way has been dedicated;
2. An existing partial right-of-way deeded for public road purposes; and
3. A location where an ordinance, or long-range road program, or comprehensive plan, indicates the need for a future road or street.
Right-of-way for all private roads, whether existing or proposed, shall be of a width specified in the city development standards manual.
(Ord. 98-570 § 3.10, 1998)
16.12.110 Criteria.
The administrator shall determine within thirty (30) days of receipt of a submittal deemed complete, whether the short plat should be approved, approved with conditions, disapproved or returned to the applicant for changes. Determination shall be made using the following criteria and requirements:
A. The proposed short subdivision must be in conformity with the comprehensive plan and applicable zoning requirements or other land use controls then in existence;
B. The proposed short subdivision must provide access to each lot in accordance with the standards set forth in the city development standards manual;
C. The public use and interest will be served by permitting the proposed division of land;
D. The proposed short subdivision has access to adequate urban services;
E. Bonding for construction of required improvements has been posted or will be posted on approval;
F. Comments from commenting departments, agencies, adjacent landowners and Pateros planning commission have been adequately addressed;
G. A SEPA determination of nonsignificance has been issued, if applicable.
(Ord. 98-570 § 3.11, 1998)
16.12.120 Notice of action on short plat application.
A. The administrator shall prepare and forward a letter to the applicant, and shall send copies to all interested parties of record indicating:
1. Alternatively:
a. That the short plat is approvable as submitted,
b. That the short plat is approvable subject to certain specified conditions which must be met, and
c. That the short plat cannot be approved for specified reasons,
d. In each case, such a letter must contain written findings of fact, which document the facts used by the administrator to approve, disapprove or approve with conditions;
2. That in the case of subsections (A)(1)(a) or (b) of this section, a short plat recording form completed properly together with appropriate fees and evidence of compliance with all required conditions may be submitted by the applicant within one year of the date of the notice without further review;
3. Specific certification(s), such as required for any affected utility (irrigation, electrical, telephone etc.), that must be completed within thirty (30) days and included as part of the short plat filing form submittal;
4. That the applicant or an affected party may file an appeal of the decisions and or conditions of the administrator in accordance with Section 16.12.160 of this chapter.
(Ord. 98-570 § 3.12, 1998)
16.12.130 Short plat recording form contents.
A. The short plat recording form shall be completed by or under the supervision of a professional land surveyor of the state of Washington, if required under Section 16.12.050 of this chapter, and shall be based on a survey of the property. This survey shall be in compliance with the requirements of the Survey Recording Act, Chapter 58.89 RCW as it now exists or is hereafter amended, including the establishment of monuments such that short plats must show all existing or established section corners and quarter section corners pertaining to the location of all lot corners of the short plat.
B. The short plat submitted for filing shall be in accordance with the conditions specified in the notice of action on short plat application at the conclusion of the administrator’s review of the short plat submittal.
C. In the event private roads are used to serve the proposed short plat, whether exterior or interior, the following statement shall appear on the face of the short plat:
The city of Pateros has no responsibility to build, improve, maintain, or otherwise serve any private road for this short plat.
D. Utility easements shall serve each interior lot and may be included within the access easement.
E. A title certificate consisting of a report showing all parties having any interest in the land being subdivided.
F. The short plat recording form shall consist of a legibly drawn instrument, printed or reproduced by a process guaranteeing a permanent record in black on stable base Mylar, or equivalent, and shall be eighteen (18) by twenty-four (24) inches in size.
G. The short plat filing form shall be signed by all parties having ownership interest in the land being short platted and their signatures shall be notarized.
H. Any easements previously filed shall have their auditor’s file numbers.
(Ord. 98-570 § 3.13, 1998)
16.12.140 Approval of short plats.
A completed short plat meeting all of the requirements of this section shall be approved or approved with conditions by the administrator.
As part of the approval, the administrator will complete written findings of fact that the proposed short subdivision is in conformity with all applicable zoning and land use controls of the city and has access to adequate urban services.
Prior to signing the face of the plat and thus granting approval, the administrator must determine that the city public works superintendent, county treasurer and any owner with interest in the property being subdivided have signed the plat. (Ord. 98-570 § 3.14, 1998)
16.12.150 Filing of short plats.
Filing of short plats shall be done with the county auditor following determination by the county treasurer that applicable property taxes have been paid. The filing of the short plat, including payment of the filing fees, is the responsibility of the applicant. (Ord. 98-570 § 3.15, 1998)
16.12.160 Short plat—Decision appeals.
When a person feels aggrieved by a ruling or interpretation by the administrator of this section, they shall have the right to appeal the ruling in the following manner:
A. The appeal must be made to the city council by notifying the city clerk, in writing, within fifteen (15) business days of the administrator’s decision, in which case the council shall hold an open record public hearing at its next regularly scheduled meeting. Appeals of SEPA issues or any related project decision made by the city that allow appeal to the city council, shall be combined with the appeal of action taken under this section. The decision of the city council shall be accompanied by findings of fact and conclusions supporting their decision.
B. A decision of the council will be final unless an aggrieved party files a written appeal, within twenty-one (21) days of the council’s decision, to the superior court.
(Ord. 98-570 § 3.16, 1998)
16.12.170 Short plat amendment.
Once a short plat has been recorded with the county auditor, it may be amended or vacated in whole or part, as long as the amendment or vacation does not involve a resubdivision from the original short plat. All proposed alterations or vacations that include public dedications shall be processed in accordance with Chapters 16.24 or 16.28 of this title, whichever applies. If the proposed alteration or vacation does not involve a public dedication, the altered short plat shall be processed in accordance with the following provisions:
A. The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat;
B. The title of the altered short plat shall be:
Short Plat No. ___________________________
Amending Short Plat No. __________________
C. The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate; and
D. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction;
E. If the proposed alteration or vacation involves a public dedication, the altered short plat shall be processed in accordance with the provisions in Section 16.12.140 and 16.12.150 of this chapter.
(Ord. 98-570 § 3.17, 1998)
16.12.180 Resubdivisions.
Once property is subdivided in accordance with this chapter, no further division creating in any manner a greater number of lots, tracts, parcels, sites or divisions than contained in the short plat shall be made for a period of five years from the date of recording of the short plat, unless a regular subdivision (final plat) has been approved and filed for record pursuant to Chapters 16.16 and 16.20 of this title. (Ord. 98-570 § 3.18, 1998)
16.12.190 Payment for additional services.
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 (30) days. If the developer (subdivider) believes the costs to be unreasonable, an appeal may be made to the city council for their review and determination. Any such appeal must be made within thirty (30) days of the date of mailing of the billing from the city. (Ord. 98-570 § 3.19, 1998)