Chapter 16.16
PRELIMINARY PLATS
Sections:
16.16.030 Preapplication conference.
16.16.040 Procedures—Generally.
16.16.070 Public and agency notice.
16.16.080 Posting of property.
16.16.090 Affected agency and city department review.
16.16.120 Planning commission recommendation—Factors to be considered.
16.16.130 Planning commission recommendation—Decision.
16.16.140 City council action.
16.16.150 City council decision— Notifications.
16.16.160 Relationship of approved preliminary plat to final plat.
16.16.170 Decision—Review of—Appeals.
16.16.180 Agreements to transfer land conditioned on final plat approval.
16.16.190 Payment of services.
16.16.010 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 compliance with all conditions enumerated in Section 16.16.020 of this chapter to the administrator’s satisfaction.
D. The administrator shall ensure the preparation of a staff report and forward this report to the planning commission for their review.
E. The planning commission is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the city council to approve, approve with conditions, or deny any subdivision proposed within the city.
(Ord. 98-570 § 4.01, 1998)
16.16.020 Requirements.
Any person desiring to subdivide land shall cause to be prepared a preliminary plat of the proposed subdivision. Prior to the preparation, the applicant is encouraged to request a preapplication conference as set forth in Section 16.16.030 of this chapter.
The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals two hundred (200) feet, unless the administrator requests or authorizes a different scale, and which shall include the following information which shall be shown on the plat if practicable; but if not, by separate accompanying statements:
A. General information:
1. Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in the city or Okanogan County,
2. Location of the subdivision by section, township and range,
3. Names and addresses of the owners, subdivider, designer of the subdivision and the licensed surveyor and engineer if appropriate,
4. Scale, north arrow and date, and
5. 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,
6. A vicinity sketch at a scale between four hundred (400) and eight hundred (800) 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;
B. Existing conditions:
1. Boundary lines of the proposed subdivision including monuments and markers, approximate distance and area enclosed,
2. Existing restrictive covenants,
3. 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,
4. 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; including location of any existing walks, curbs, gutter,
5. 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,
6. Approximate width, location and purpose of all existing easements,
7. The approximate location of all designated floodways and one hundred (100) year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses,
8. 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,
9. Location of any critical areas as identified and classified in the city’s comprehensive plan;
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,
6. Preliminary layout of proposed sewage disposal, water supply and drainage improvements,
7. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by Chapter 58.17.310 RCW,
8. Minimum building setback lines according to applicable zoning laws. A “typical lot” may show setbacks for all regular-shaped interior lots. Setback lines must be shown on all irregularly shaped lots and corner lots, and
a. If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary plat;
D. A copy of any proposed restrictive covenants;
E. A title certificate consisting of a report showing all parties having full or partial interest in the property to be subdivided;
F. An environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act [SEPA]) and the city’s SEPA ordinance, as they now exist or are hereafter amended; and
G. Names and address of all landowners within three hundred (300) feet of the exterior boundaries of the property proposed for platting.
(Ord. 98-570 § 4.02, 1998)
16.16.030 Preapplication conference.
At the request of the applicant, the administrator will schedule a preapplication conference with all affected city department heads and any affected irrigation or utility district, and all appropriate county, state, tribal, and federal agencies, to discuss procedures, requirements and general information which would have an influence on the proposed development.
For the purpose of the preapplication conference, a potential applicant may prepare a sketch plat for the subdivision, showing the proposed layout of streets, general size and orientation of lots, and other features of the proposal. Potential applicants are encouraged to schedule a preapplication conference, however, any inability of the administrator to schedule a meeting with all affected agencies shall not interfere with the timeframes set forth by this title.
The city shall keep minutes of the pre-application conference, which shall become part of the public record. (Ord. 98-570 § 4.03, 1998)
16.16.040 Procedures—Generally.
Preliminary plats shall be approved, approved with conditions, or denied within ninety (90) days of an application being deemed complete and processing being initialized as described in Section 16.16.020 of this chapter, provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety (90) day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.
A. 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.
B. Public meetings or required hearings pertaining to the preliminary plat or those applications mentioned in subsection A 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 § 4.04, 1998)
16.16.050 Application fee.
The fee for a preliminary plat application shall be paid in two phases: (1) a nonrefundable preliminary, processing fee for submission; and, (2) the remainder of the fee, which shall be collected when the application is deemed complete and the applicant is confident that he or she wants to proceed. The submission of an application for preliminary plat shall be accompanied by the nonrefundable processing fee, in an amount specified by resolution of the city council. Upon determination by the administrator that the application is complete, the administrator shall notify the applicant and request payment of the second part of the fee. No application shall be reviewed for completeness until the nonrefundable processing fee is paid, and no application shall be processed until the application has been deemed complete and initialized for processing. The application is complete when the submittal described in Section 16.16.020 of this chapter are received. An application is considered initialized for processing when it is deemed complete, the application fee is paid and final copies are submitted as described in Section 16.16.060(B) of this chapter. (Ord. 98-570 § 4.05, 1998)
16.16.060 Submission.
A. The subdivider, following a preapplication conference if requested, shall submit an application for preliminary plat approval along with the processing fee to the administrator. The administrator shall 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 to complete the application, the administrator shall specify the information that is needed. Within fourteen (14) days of the date that the administrator receives all additional requested information, the applicant shall be notified whether that application is complete or that 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 preliminary plat and supplemental material as specified in Section 16.16.020 of this chapter.
Upon acceptance of subsections (B)(1) and (2) of this section the application shall be considered initialized and full permit processing may begin. A receipt shall be given to the applicant indicating acceptance of the application.
C. Within fourteen (14) days of the permit process being initialized, the administrator shall:
1. Review the SEPA checklist and make a threshold determination in accordance with the city’s SEPA ordinance and 197-11 WAC, as they currently exist and are hereafter amended. The administrator may circulate the SEPA checklist to affected agencies prior to making a threshold determination; however, the determination must be made in sufficient time to allow for a comment period prior to the public hearing;
2. Provide notice of application which shall include a notice of public hearing and SEPA determination, as specified in Sections 16.16.070 and 16.16.080 of this chapter; then
3. Circulate the application and related materials for department heads, planning commission and other affected agency review as required by Section 16.16.090 of this chapter and WAC 197-11, all as hereafter amended.
(Ord. 98-570 § 4.06, 1998)
16.16.070 Public and agency notice.
A. When a preliminary plat application is deemed complete and initialized for processing, the administrator shall establish the date and time for a public hearing on the plat before the planning commission which shall not be more than sixty (60) days from the date of Submission thereof, except when the hearing is extended to allow for compliance with the State Environmental Policy Act (SEPA, Chapter 43.21C RCW). The date of submission is the date the permit is initialized.
B. 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 public hearing and the SEPA determination shall be combined with the notice of application and shall be published no less than sixteen (16) days prior to the hearing. The notice shall state the time, place and purpose for which the hearing is to be held and shall include a project description including the location of the project site.
C. Notice of the application, SEPA determination and public hearing shall be mailed by the administrator at least sixteen (16) days prior to the date of the hearing, to the owners of all properties within three hundred (300) feet of the exterior boundaries of the parcel(s) being subdivided, as such owners appear on the records of the county assessor. 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.
D. Notice of application, SEPA determination and public hearing shall be mailed to all affected agencies not less than sixteen (16) days prior to a public hearing. The State Department of Transportation shall always be considered an affected agency when the proposed subdivision is located adjacent to or state highway right-of-way in accordance with Section 58.17.080 RCW, as it now exists or is hereafter amended. Notice shall also be given to interested state agencies in accordance with Section 16.16.090 of this chapter.
E. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description but shall include reference to the section, township, and range.
(Ord. 98-570 § 4.07, 1998)
16.16.080 Posting of property.
At least sixteen (16) days prior to public hearing, the applicant is responsible for posting a copy of the posting notice at three conspicuous locations on and in the vicinity of the proposed subdivisions, with an additional copy to be located at the U.S. Post Office located in Pateros. The posting notice shall be on the form provided by the administrator and be a minimum of eight and one-half by eleven (11) inches in size. The applicant shall also furnish an affidavit to the administrator attesting to the fact the notices were posted along with the posting date and locations. If the posting is not completed, the public hearing shall be postponed, if necessary, and the prescribed permit processing time shall not apply until proper posting has been accomplished. (Ord. 98-570 § 4.08, 1998)
16.16.090 Affected agency and city department review.
Pursuant to Section 16.16.070 of this chapter, notices, copies of the preliminary plat, supplementary material, and environmental documents shall be forwarded by the administrator to the following, as deemed appropriate, for their respective recommendations, if any:
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, if the subdivision cannot be served by city water and sewer as specified in the city’s water and sewer codes.
The comments and/or recommendations of these agencies, if any, shall be submitted to the city a minimum of seven days prior to the hearing provided for in Section 16.16.110 of this chapter. (Ord. 98-570 § 4.09, 1998)
16.16.100 Staff report.
The administrator shall ensure that a staff report is prepared, including findings of fact, to present to the planning commission. The staff report shall address all factors outlined in Section 16.16.120 of this chapter that the planning commission must consider. The report shall include and respond to comments and recommendations received from agencies, departments and interested citizens. The report shall also review the proposed plat’s conformance with subdivision standards, other land use regulations, and the city comprehensive plan. Findings of fact, conclusions and any recommendations shall also be included. (Ord. 98-570 § 4.10, 1998)
16.16.110 Public hearing.
The planning commission shall hold one open record public hearing to provide the public and other interested parties the opportunity to comment on the proposed preliminary plat. The hearing shall include the opportunity for the applicant to present the proposed preliminary plat, an opportunity for the public to submit written and verbal comments and to allow affected departments, agencies and others to submit their written or verbal comments. A record of the public hearing (minutes and tape recording) shall be kept and shall be open to public inspection. Any comments pursuant to SEPA documentation shall be entered. (Ord. 98-570 § 4.11, 1998)
16.16.120 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, agency, department or other reports and comments;
2. Public testimony and all other relevant facts;
3. The SEPA checklist, threshold determination and related environmental documentation 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 shall consider whether the proposed subdivision makes appropriate provisions for the following:
1. Public health, safety and general welfare;
2. Open spaces, drainageways, irrigation provisions pursuant to Section 58.17.310 RCW;
3. Streets, alleys, other public ways;
4. Fish and wildlife and their habitat;
5. Water supplies;
6. Sanitary wastes;
7. Parks, playgrounds, sites for schools and school grounds, including sidewalks and other features that assure safe walking conditions for students who walk to and from school;
8. Consistency with the comprehensive plan, zoning code and other pertinent land use controls.
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. 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 denial 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 Section 58.17.120 RCW, as now exists or is hereafter amended, the planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend conditioning or denial of the proposed plat because of the presence of critical areas including but not limited to 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 86.16 RCW, without the prior written approval of the Department of Ecology.
(Ord. 98-570 § 4.12, 1998)
16.16.130 Planning commission recommendation—Decision.
A. Not later than fourteen (14) days following the conclusion of the public hearing, the planning commission shall make a recommendation for either approval, approval with conditions, or disapproval. Such recommendation shall be in writing in the form of a letter of transmittal and shall include findings of fact and conclusion 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 to the city council, department heads, the health district, the subdivider and the subdivider’s surveyor or engineer and all parties that submitted input and requested a notice of action during the hearing process.
(Ord. 98-570 § 4.13, 1998)
16.16.140 City council action.
Preliminary plat application shall be considered at the next regular city council meeting following planning commission recommendation that is feasible to consider the proposal while allowing appropriate time for council members to review the proposal and supporting documentation. The city council shall not hold an open record public heating, but shall consider the items listed in Section 16.16.120 of this chapter. If the city council determines that a change in the recommended action is necessary, it may adopt its own recommendation including findings of fact and conclusions in support thereof and approve, approve with conditions, or deny the preliminary plat. (Ord. 98-570 § 4.14, 1998)
16.16.150 City council decision—Notifications.
The decision of the city council shall be in writing and shall include findings of fact and conclusions to support the decision. Notice of the decision shall be sent to the subdivider and the subdivider’s surveyor or engineer and all parties participating who requested such notification in the hearing process. (Ord. 98-570 § 4.15, 1998)
16.16.160 Relationship of approved preliminary plat to final plat.
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 57.16 RCW and other local regulations shall be submitted to the city for approval within three years from the date of preliminary plat approval by the city.
An applicant who files a written request with the city at least thirty (30) days before the expiration of this three year period shall be granted a single one year extension upon the showing that the applicant has attempted in good faith to submit the final plat within the three year period. (Ord. 98-570 § 4.16, 1998)
16.16.170 Decision—Review of—Appeals.
In accordance with Chapter 58.17.180 RCW, 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. Standing to bring the action is limited to the following parties:
A. The applicant or owner of the property on which the subdivision is proposed;
B. Any property owner entitled to special notice under Chapter 58.17.090 RCW;
C. Any property owner or resource agency who deems themselves or a resource aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.
Application for a writ of review shall be made to the court within thirty (30) days from any decision to be so reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant. (Ord. 98-570 § 4.17, 1998)
16.16.180 Agreements to transfer land conditioned on final plat approval.
Prior to approval of the final plat, any agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land must be expressly conditioned on the recording of the final plat containing the lot, tract, or parcel. Any 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. 98-570 § 4.18, 1998)
16.16.190 Payment of 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. Such review must be made within thirty (30) days of the billing date of the item being appealed. (Ord. 98-570 § 419, 1998)