Chapter 17.40
GENERAL REQUIREMENTS FOR SUBDIVISION APPROVAL

Sections:

17.40.010    General requirements for approval of subdivisions.

17.40.020    Certificate to accompany final plat or short plat.

17.40.030    General requirements for filing plat for record.

17.40.040    Compliance with public works standards.

17.40.010 General requirements for approval of subdivisions.

In addition to the criteria for approval applicable to an individual application, all subdivisions must meet the following general requirements in order to be approved:

(1) Land Use Controls. No subdivision may be approved unless written findings of fact are made that the proposed subdivision or proposed short subdivision is in conformity with any applicable zoning ordinance, comprehensive plan or other existing land use controls.

(2) Dedications Generally.

(a) An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. The town may require such waiver as a condition of approval.

(b) Roads not dedicated to the public must be clearly marked “private” on the face of the plat.

(c) Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quit claim deed to the said donee(s) grantee(s) for his/her/their use for the purpose intended by the donor(s) or grantor(s).

(d) If the plat or short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual(s), religious society(ies) or to any corporation, public or private, as shown on the plat or short plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.

(e) Every plat and short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.

(f) Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be required as a condition of subdivision approval. No dedication, provision of public improvements or impact fees imposed under RCW 82.02.050 through 82.02.090 shall be allowed that constitutes an unconstitutional taking of private property.

(3) Dedication of Public Park. The planning commission shall recommend naming of streets and parks within proposed subdivisions. If preliminary plats include dedication of land for public parks with areas greater than required for subdivision approval and the proponents request commemorative names, the planning commission shall consider such requests. The town council shall adopt the names as part of final plat approval.

(4) Release from Damages. The town shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

(5) Flood, Inundation or Swamp Conditions. A proposed subdivision may be disapproved because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved covering any land situated in a floodway as provided in Chapter 86.16 RCW without the prior written approval of the State Department of Ecology.

(6) Bonds. In lieu of the completion of the actual construction of any required improvements prior to the approval of a short or final plat, the planning commission or town council may accept a bond, approved as to form by the town attorney, in an amount and with surety and conditions satisfactory to it, or other secure method, providing for and securing to the town the actual construction and installation of such improvements, within a period specified by the town and expressed in the bonds. In addition, the town may require the posting of a bond securing to the town the successful operation of improvements for up to two years after final approval. All bonded improvements shall be designed and certified by or under the supervision of a registered civil engineer prior to the acceptance of such improvements. (Ord. 291 § 1(18.75.010), 2000)

17.40.020 Certificate to accompany final plat or short plat.

Every final plat or short plat of a subdivision or a short subdivision filed for record must contain a certificate giving full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner(s). (Ord. 291 § 1(18.75.020), 2000)

17.40.030 General requirements for filing plat for record.

Each and every plat or replat of any property filed for record shall:

(1) Statement of Approval. Contain a statement of approval from the town engineer as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems, and other structures;

(2) Survey. Be accompanied by a complete survey of the section or sections in which the plat or replat is located made to surveying standards adopted by the division of engineering services of the Department of Natural Resources pursuant to RCW 58.24.040. The surveyor shall certify on the plat that it is a true and correct representation of the lands actually surveyed;

(3) Acknowledgement. Be acknowledged by the person filing the plat before the auditor of the county in which the land is located, or any other officer who is authorized by law to take acknowledgement of deeds, and a certificate of said acknowledgement shall be enclosed or annexed to such plat and recorded therewith;

(4) Certificate of Paid Taxes. Contain a certification from the proper officer or officers in charge of tax collections that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;

(5) Description of Lands. Contain a certificate giving a full and correct description of the lands divided as they appear on the plat or short plat, including a statement that the subdivision or short subdivision has been made with the free consent and in accordance with the desires of the owner or owners;

(6) Monuments. Show the permanent control monuments established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The town shall determine the number and location of permanent control monuments within the plat, if any;

(7) Show the lot numbers and house addresses on the short subdivisions and subdivisions at the time of approval;

(8) Fees and Charges – Responsibility. All plat recording fees and charges shall be the responsibility of the applicant. (Ord. 291 § 1(18.75.030), 2000)

17.40.040 Compliance with public works standards.

Construction of improvements in all applications shall comply with the town’s adopted public works special provisions and details. (Ord. 291 § 1(18.75.040), 2000)