Chapter 16.12
SHORT PLATS AND SHORT SUBDIVISIONS
Sections:
16.12.020 Processing/application fee.
16.12.030 Application and contents.
16.12.040 Land survey requirements.
16.12.050 Improvement requirements.
16.12.060 Review, notice and determination.
16.12.070 Notice of action on short plat application.
16.12.080 Short plat recording form contents.
16.12.090 Final approval of short plats.
16.12.100 Filing of short plats.
16.12.110 Vested use limitation.
16.12.170 Short plat amendment.
16.12.190 Payment of services.
16.12.010 Administration.
A. An application for a short plat is a Type II action regardless of whether the applicant is requesting a variance or deviation from the requirements of TMC 16.12.050 and Chapter 16.32 TMC. A short plat application without a request for variance or deviation does not require a public hearing. See TMC 19.05.020, Table 1;
B. 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 director’s approval and signature indicating such on the face of the plat;
C. The administrator shall prepare and require the use of such forms as deemed necessary to administer this title; and
D. 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 enumerated in TMC 16.12.060, Review, notice and determination. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.12.015 SEPA review.
If the proposed short subdivision includes lands covered by water, includes critical areas as defined herein, or if it is within a short subdivision previously exempted as such under WAC 197-11-800(6)(a), as now exists or is hereafter amended, SEPA review shall be conducted in accordance with Chapter 18.04 TMC and Chapter 197-11 WAC, as both now exist or are hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.12.020 Processing/application fee.
A. Preapplication Conference. The applicant shall schedule a preapplication conference as required by TMC 19.05.030(A).
B. Fee. An application for short subdivision shall be accompanied by a nonrefundable processing fee as specified in the adopted city of Tonasket fee schedule. Upon determination by the administrator that the application is complete in accordance with TMC 19.05.030(G)(3), the administrator shall 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 vested and official review initiated until the application has been deemed complete and the application fee paid. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.030).
16.12.030 Application and contents.
Application for a short subdivision shall be submitted to the administrator in accordance with TMC 19.05.030(B) and include 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. 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:
A. The entire lot, tract, parcel, site or division constituting the parent parcel and its legal descriptions;
B. The parcel number or numbers as assigned to the 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;
C. 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;
D. 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;
E. Location of any roads, streets, 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 streets, roads, rights-of-way or easements.
1. Right-of-way for public streets or roads of a width to be determined by Chapter 16.32 TMC and the public works director, but not to exceed that required for regular plats, shall be dedicated if the short subdivision contains two or more lots which are contiguous to:
a. An existing subdivision where partial street right-of-way has been dedicated;
b. An existing partial right-of-way deeded for public road/street purposes; and
c. A location where an ordinance, or long-range street/road program, or comprehensive plan, indicates the need for a future road or street.
2. Right-of-way for all private roads, whether existing or proposed, serving residences, businesses or other primary usage of lots, shall be of a width specified in Chapter 16.32 TMC;
F. Certification by a PLS (professional land surveyor) as required under TMC 16.12.050;
G. The name of proposed short subdivision;
H. Existing and proposed utilities serving the short subdivision including water and sewer;
I. The location of local schools and proposed means of pedestrian access for students who walk to and from school;
J. The location of existing buildings and improvements; and
K. If the proposed short subdivision is located in an irrigation district, evidence of compliance with RCW 58.17.310 regarding the provision of irrigation water rights-of-way, and approvals from irrigation districts and/or the United States Bureau of Reclamation. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.040).
16.12.040 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 may not be required if the subdivider and the responsible professional land surveyor noted in TMC 16.12.030(F) can adequately demonstrate with the administrator’s concurrence that the location of the property lines can be ascertained and compliance with all the provisions of this title can be accomplished.
C. A short plat involving a dedication, public easement or right-of-way shall require a land survey.
D. All proposed short plats shall be referenced from two monumented section or quarter-section corners or to two other suitable permanent control monuments set in concrete and verified.
E. All lot corners determined as a result of a land survey shall be established by the placement of permanent survey monuments set in concrete and verified. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.050).
16.12.050 Improvement requirements.
A. Street, utility, lighting, and sidewalk improvements in accordance with Chapter 16.28 TMC are required for each short subdivision and shall be consistent with the Tonasket comprehensive plan and the size, nature, and availability of existing improvements which serve adjacent lots and lots in the immediate vicinity of the proposed short subdivision. However, when a proposed short subdivision consists of lots over one acre in size, and the division involves two lots or less, the administrator may use discretion on the appropriateness of certain improvements.
B. The administrator, in consultation with the public works director, fire chief and planner, shall provide a written determination of improvements, which will be required pursuant to the provisions of this title. Appeal of the administrator’s determination of required improvements may be had in the same manner as provided for by TMC 16.12.120.
C. 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 pursuant to Chapter 16.28 TMC, 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, for the construction of improvements, in compliance with Chapters 16.28 and 16.32 TMC as they exist at the time the local improvement district is formed. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.060).
16.12.060 Review, notice and determination.
The administrator shall, after deeming the application is complete, send a copy of the application and related information to the following officials as appropriate: city staff and planning commission, any affected irrigation or other utility district or company, county planning, public works, assessor and health district, tribal planning, and any state or federal agencies having an interest in the proposed short subdivision and provide notice as required in TMC 19.05.040. The administrator shall determine within 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 in light of the following criteria and requirements:
A. The proposed short subdivision is in conformity with the comprehensive plan and any applicable zoning requirements or other land use controls which may exist;
B. The proposed short subdivision provides access in accordance with the standards set forth in Chapter 16.32 TMC or has received a deviation made by the planning commission;
C. The proposed short subdivision meets the requirements of this title and all lots have been determined to be buildable or have been designated as nonbuildable lots;
D. The public use and interest will be served by permitting the proposed division of land;
E. The proposed short subdivision has access to adequate urban services;
F. Bonding for required improvements;
G. Comments from staff, tribes, commenting agencies and city planning commission can be adequately addressed. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.100).
16.12.070 Notice of action on short plat application.
The administrator shall prepare a letter to the applicant indicating:
A. Alternatively:
1. That the short plat is approvable as submitted. (Such a letter must contain written findings of fact, which document the facts used by the administrator to approve the short plat.) Said findings must include a finding that adequate urban services are available;
2. That the short plat is approvable subject to certain specified conditions which must be met; and
3. That the short plat cannot be approved for specified reasons (must also include finding of fact);
B. That in the case of subsection (A)(1) or (A)(2) 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;
C. The specific certification(s), such as required for any affected utility (irrigation, electrical, telephone etc.), that must be completed within 30 days and included as part of the short plat filing form submittal;
D. The administrator shall prepare and publish a notice of decision/action as required in TMC 19.05.060(I);
E. That the applicant or an affected party may file an appeal of the decisions and or conditions of the administrator in accordance with TMC 19.05.070. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.110).
16.12.080 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 TMC 16.12.040, and shall be based on a survey of the property. Said survey shall be in compliance with the requirements of the Survey Recording Act, Chapter 58.09 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 the 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 Tonasket has no responsibility to build, improve, maintain, or otherwise serve any private road for this short plat.
D. Utility easements shall be shown on the short plat recording form that 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 shall be included on the short plat recording form.
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 18 by 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.120).
16.12.090 Final approval of short plats.
A. A completed short plat meeting all of the requirements of this chapter shall be approved or approved with conditions by the administrator.
B. As part of the approval, the administrator will complete a written finding of fact that the proposed short subdivision has access to adequate urban services and is in conformity with all applicable zoning and land use controls of the city of Tonasket.
C. Prior to signing the face of the plat and thus granting approval, the administrator must be sure that the public works director, Okanogan County treasurer and any owner with interest in the property being subdivided have signed the plat and that any other documents pertaining to the plat (e.g., covenants, conditions and restrictions, easements, quit claim deeds, etc.) have been reviewed and filed with the Okanogan County auditor. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.130).
16.12.100 Filing of short plats.
Filing of short plats shall be done with the Okanogan County auditor following approval by the Okanogan 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. A short plat is not considered final until it has been filed with the auditor. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 200. Formerly 16.12.140).
16.12.110 Vested use limitation.
Any lots in a short plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of two years from the date of filing. 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 for a period of two years after final plat approval unless the city council finds that a change in conditions creates a serious threat to the public health and safety in the subdivision. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.150).
16.12.120 Appeals.
When a person feels aggrieved by a ruling or interpretation by the administrator of this title they shall have the right to appeal the ruling in accordance with TMC 19.05.070. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.160).
16.12.170 Short plat amendment.
Once a short plat has been recorded with the Okanogan County auditor, it can be amended or vacated in whole or in part in a manner not involving a resubdivision into more than four lots from the original short plat. All proposed alterations or vacations that include public dedications shall be as a Type II action in compliance with TMC Title 19. The provisions of Chapter 58.17 RCW as they relate to plat vacations and alterations are adopted by reference. 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;
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; and
E. If the proposed alteration or vacation involves a public dedication, the altered short plat shall be processed in accordance with the provisions in TMC 16.12.020 and 16.12.030. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.12.180 Resubdivisions.
A. Once property is subdivided into four lots 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, a Type V action) has been approved and filed for record pursuant to Chapter 16.20 TMC except that when the short plat contains fewer than ____ parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of ____ lots within the original short plat boundaries.
B. In the case of a proposed redivision of land within a short plat or a regular plat, either the short subdivision or regular subdivision provisions of this title and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the property and/or the period of time that has elapsed since the recording of a prior short plat. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.12.190 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. Prior to retaining such services, the subdivider shall be notified. If the subdivider disagrees with the necessity for such evaluation or finds the estimated cost to be unreasonable, an appeal may be made to the city council for their review and determination. Billings shall be tendered and payable within 30 days of completion of such evaluation. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).