Chapter 16.28
FINAL PLATS
Sections:
16.28.010 Preparation of a final plat.
16.28.020 Accompanying documents.
16.28.030 Final approval – Short subdivisions and binding site plans.
16.28.040 Final approval – Major subdivisions.
16.28.050 Time limitation on final plat submittal.
16.28.060 Effect of final approval.
16.28.070 Final plat filing and distribution.
16.28.080 Transfer of ownership.
16.28.090 Building and occupancy permits.
16.28.010 Preparation of a final plat.
The final plat depicting a major subdivision, short subdivision or binding site plan shall be prepared in accordance with the provisions of RIMC 16.16.030, Application requirements, and the following additional requirements:
A. The final plat shall be submitted as a reproducible drawing prepared on mylar;
B. A final plat shall contain the following information:
1. The name of the land division;
2. Legal description of the property being divided;
3. Numeric scale, graphic scale, true north point and date of preparation of the final plat;
4. The lot lines of the land division, referenced to city (USC&GS) datum and based on an accurate traverse, with angular and linear dimensions and bearings;
5. The exact location, width and name of all streets, alleys and other private and public ways within and adjacent to the land division;
6. The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and utilities;
7. True courses and distances to the nearest established street lines, or sections or quarter section corner monuments which shall accurately locate the land division;
8. Section lines accurately tied to the lines of the plat by distances and courses;
9. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet;
10. All house address numbers as assigned by the city;
11. Delineation of the building envelope of each lot;
12. The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs;
13. The accurate location of each permanent control monument;
14. All plat meander lines or reference lines along bodies of water shall be established as above, but not farther than 20 feet from the ordinary high water line of such body;
15. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication;
16. Accurate outlines of any area to be reserved by deed covenant for common use of owners of property within the land division, together with the purposes of such reservation;
17. Any restrictions or conditions on the lots, parcels or tracts within the land division, as required by the city or at the discretion of the property owner, including but not limited to critical area buffers;
18. The auditor’s file number of all documents and conveyances recorded with the Douglas County auditor associated with preliminary or final plat approval;
19. The name and seal of the Washington State licensed land surveyor responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct;
20. A signed, notarized certification stating that the land division has been made with the free consent and in accordance with the desires of the all persons with ownership and/or security interests in the property. If the land division includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the land being divided. The owner shall waive all claims against the city, on behalf of the owner and the owner’s successors and assigns, which may be occasioned by the establishment and/or construction of any streets, roads, storm drainage improvements or other improvements;
21. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city as a condition of approval. Any dedication, donation or grant as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant;
22. Signature blocks for the appropriate certifications of the city clerk/treasurer, city engineer, and administrator, as follows:
CITY CLERK/TREASURER’S CERTIFICATE: I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein contained dedicated as streets, alleys, or for any other public use, have been duly paid, satisfied or discharged, this ___ day of _________, 20___.
________________________
City Clerk/Treasurer
CITY ENGINEER’S CERTIFICATE: I hereby certify to the best of my knowledge that this final plat is in compliance with the certificate of improvements issued pursuant to the ______ Municipal Code and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this _____ day of ___________, 20___.
________________________
City Engineer
ADMINISTRATOR’S CERTIFICATE: I hereby certify that on this ______ day of ___________, 20___, that this final plat is in substantial conformance with the preliminary plat approval and any conditions attached thereto, which preliminary plat was approved by the City of ______________ Administrator (for short subdivisions and binding site plans)/Hearing Examiner (for major subdivisions) on the ___________ day of _________, 20___.
________________________
Administrator
23. A form for the approval of the Douglas County treasurer, as follows:
TREASURER’S APPROVAL:
All taxes one year in advance on all unimproved property in the subdivision, and any delinquent assessments for which the land within the subdivision may be liable, have been duly paid and satisfied or discharged. Examined and approved this ____ day of _________, 20___.
________________________
Douglas County Treasurer
24. A form for the certificate of the Douglas County auditor, as follows:
RECORDING CERTIFICATE:
Filed for record at the request of the City of Rock Island this _____ day of __________, 20___ at _____ minutes past __M., and recorded in Volume ________ of Plats, page ___ Records of Douglas County, Washington.
Douglas County Recording Number _______.
________________________
Douglas County Auditor
25. Any additional pertinent information as required at the discretion of the city.
C. All signatures or certifications appearing on a final plat shall be in reproducible black ink. (Ord. 01-062 § 4).
16.28.020 Accompanying documents.
The following documents and information shall accompany the final plat depicting a major subdivision, short subdivision or binding site plan:
A. In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a land division, a typewritten copy of such covenants, bearing all necessary signatures, shall be submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of preliminary approval, the director shall approve and sign the deed restriction or CC&Rs prior to final plat approval.
B. The final plat shall be accompanied by a current (within 30 days) title company certification of:
1. The legal description of the total parcel sought to be divided;
2. Those individuals or corporations holding an ownership interest and any security interest (such as deeds of trust or mortgages) or any other encumbrances affecting the title of said parcel. Such individuals or corporations shall sign and approve the final plat prior to final approval;
3. Any lands to be dedicated shall be confirmed as being owned in fee title by the owner(s) signing the dedication certificate;
4. Any easements or restrictions affecting the property to be divided with a description of purpose and referenced by the auditor’s file number and/or recording number; and
5. If lands are to be dedicated or conveyed to the city as part of the land division, an ALTA title policy may be required by the city.
C. All maintenance, performance and guarantee bonds or other guarantees as may be required by the city in accordance with this title and all applicable provisions of the RIMC to guarantee the acceptability and/or performance of all public improvements. For all improvements allowed by the city to be constructed after final plat approval, reproducible as-built drawings, as determined by the city, shall be submitted within 15 days of completion of construction.
D. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or re-established corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
E. The applicant shall provide the city with a computer disk containing a complete set of the final plat maps and as-built drawings on CADD© or other GIS-compatible software as acceptable to the city engineer.
F. All documents submitted under this section shall contain the name of the land division and the name and address of the developer. (Ord. 01-062 § 4).
16.28.030 Final approval – Short subdivisions and binding site plans.
A. Requests for final approval for a final short subdivision or final binding site plan shall be submitted to the city within two years of the date of the preliminary short subdivision or preliminary binding site plan approval, and shall consist of an application to be made on forms provided by the department and the following items:
1. A final plat meeting the requirements of RIMC 16.28.010;
2. The accompanying documents described in RIMC 16.28.020; and
3. Applicable fees as established from time to time by the city council.
B. The short subdivision or binding site plan shall be given final approval by the administrator upon satisfaction of all of the conditions of preliminary approval and all requirements of the RIMC and all other applicable city rules, regulations, ordinances policies and plans. (Ord. 01-062 § 4).
16.28.040 Final approval – Major subdivisions.
A. Requests for final approval of a preliminary major subdivision shall be submitted within five years of the date of the preliminary major subdivision approval, and shall consist of an application to be made on forms provided by the department and the following items:
1. A final plat meeting the requirements of RIMC 16.28.010;
2. The accompanying documents described in RIMC 16.28.020;
3. With the exception of the administrator’s certificate and the recording certificate, the applicant shall obtain all signatures and certifications on the face of the plat in accordance with RIMC 16.28.010; and
4. Applicable fees as established from time to time by the city council.
B. The administrator shall forward the request for final approval to the city council along with recommendations for approval or disapproval based on the following:
1. The adequacy of the proposed means of sewage disposal and water supply;
2. The compliance of the proposal with all terms of the preliminary approval granted;
3. The approval of the city engineer and maintenance supervisor.
C. The city council shall consider the request for final major subdivision approval as a regular agenda item at its next regular council meeting that occurs at least 14 calendar days after a request for final approval was received. The procedure for considering final approval shall be consistent with the council’s rules of procedure and shall serve to provide argument and guidance for the council’s decision; however, no new evidence or testimony shall be given. The city council shall approve the subdivision proposed for final approval upon finding that it conforms to all terms of the preliminary approval and that the subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws and all local ordinances in place at the time of preliminary plat approval.
D. Upon approval of the final major subdivision, the city council shall authorize the administrator to sign and certify the final plat as provided for in RIMC 16.28.010.
E. Pursuant to RCW 58.17.140, final plats shall be approved, disapproved or returned to the applicant within 30 days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 01-062 § 4).
16.28.050 Time limitation on final plat submittal.
The original and two copies of a final plat for a short subdivision, binding site plan or major subdivision meeting all applicable requirements, including the conditions of preliminary approval, shall be submitted to the city within the time limits established below. No extensions shall be granted. A major subdivision, short subdivision or binding site plan that is granted preliminary approval but is not filed for final approval within the applicable time period shall be null and void. The city shall not be responsible for notifying the applicant of an impending preliminary plat expiration.
A. For short subdivisions and binding site plans, the preliminary approval shall expire unless the applicant submits a proposed final short subdivision or binding site plan in proper form for final approval within two years after preliminary approval.
B. For major subdivisions the preliminary approval shall expire unless the applicant submits a proposed final major subdivision in proper form for final approval within five years after preliminary approval. (Ord. 01-062 § 4).
16.28.060 Effect of final approval.
Any lots in a final major subdivision, short subdivision or binding site plan 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. A land division shall be governed by the terms of the final approval, and by the statutes, ordinances and regulations in effect on the date of preliminary approval for a period of five years after final approval unless the city council finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside the land division. (Ord. 01-062 § 4).
16.28.070 Final plat filing and distribution.
The administrator shall distribute the original and copies of the approved final land division as follows:
A. The original shall be taken by the city to the county auditor for filing, along with the appropriate filing/recording fee that is to be paid for by the applicant.
B. Prior to the issuance of any building or development permits for the site, one recorded reproducible copy shall be transmitted to the city. (Ord. 01-062 § 4).
16.28.080 Transfer of ownership.
Whenever any parcel of land lying within the city is divided under the provisions of this chapter, no person, firm, or corporation shall sell or transfer any such lot, tract, or parcel without having first received final approval of the land division, and having recorded the final plat depicting the approved major subdivision, short subdivision or binding site plan with the Douglas County auditor. It is the responsibility of the applicant to ensure that the final plat has been fully certified and filed for record with the Douglas County auditor prior to transferring ownership of any land. (Ord. 01-062 § 4).
16.28.090 Building and occupancy permits.
A. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved land division prior to a determination by the fire chief or designee that adequate fire protection and access for construction needs exist.
B. No building permit for a structure other than a temporary contractor’s office or temporary storage building shall be issued for a lot or parcel within an approved land division until the applicant complies with all requirements of the final approval.
C. No occupancy permit for a structure other than a temporary contractor’s office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved land division prior to final inspection and approval of all required improvements which will serve such lot or parcel to the satisfaction of the city engineer and/or maintenance supervisor and the administrator. (Ord. 01-062 § 4).