Chapter 16.20
PRELIMINARY PLATS
Sections:
16.20.030 Procedures – Generally.
16.20.035 Time limitations on approval, disapproval of plats – Extensions (RCW 58.17.140).
16.20.040 Application/processing fee.
16.20.060 Public and agency notice.
16.20.070 Review requirements.
16.20.100 Planning commission recommendation – Factors to be considered.
16.20.110 Planning commission recommendation – Decision.
16.20.120 City council action.
16.20.130 Approval – Conditions.
16.20.140 Abandoned orchard removal prerequisite.
16.20.150 Decision – Notifications.
16.20.160 Relationship of approved preliminary plat to final plat.
16.20.180 Decision – Review of – Appeals.
16.20.190 Agreements to transfer land conditioned on final plat approval.
16.20.200 Payment of services.
16.20.010 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 to the administrator’s satisfaction all conditions enumerated in TMC 16.20.020.
D. The city of Tonasket planning agency staff is vested, to that extent feasible, with the duty of participating in preapplication conferences if requested, reviewing the application and providing pertinent comments and recommendations in a staff report. The administrator is responsible for ensuring the preparation of a collaborative planning agency staff report and forwarding said report to the planning commission for their review.
E. The city of Tonasket planning commission is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the Tonasket city council to approve, approve with conditions, or deny any subdivision proposed within the city of Tonasket. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.020 Requirements.
A. Any person desiring to subdivide land shall cause to be prepared a preliminary plat of the proposed subdivision. Prior to the preparation, the applicant shall discuss with the administrator the procedure for adoption of a subdivision plat and the requirements of this title as to general layout of streets, dedications of land, street improvements, provision for drainage, sewage, fire protection, other similar improvements, and the availability of existing services and utilities. To this end, the applicant is required to request a preapplication conference as set forth in TMC 19.05.030(A).
B. The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals 200 feet, unless the administrator requests or authorizes a different scale (i.e., administrator may allow a smaller or require a larger scale if needed to better fit the proposal), and which shall include the following information which shall be shown on the plat if practicable; but if not, by separate accompanying statements as determined by the administrator:
1. General Information.
a. Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in the city of Tonasket;
b. Location of the subdivision by section, township and range;
c. Names and addresses of the owners, subdivider, designer of the subdivision and the licensed surveyor and engineer if appropriate;
d. Scale, north arrow and date;
e. 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; and
f. A vicinity sketch at a scale between 400 and 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;
2. Existing Conditions.
a. Boundary lines of the proposed subdivision including monuments and markers, approximate distance and area enclosed;
b. Existing restrictive covenants;
c. 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;
d. 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; location of any existing walks, curbs, gutters; 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;
e. Approximate width, location and purpose of all existing easements;
f. The approximate location of all designated floodways and 100-year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses;
g. The approximate location and shoreline designation of all areas within the jurisdiction of the city of Tonasket shoreline master program;
h. The approximate location of all critical areas designated in the city of Tonasket comprehensive plan; and
i. 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;
3. Proposed Subdivision Plat.
a. 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;
b. Location, width and purpose of all easements other than for roadway purposes;
c. Proposed uses of the property;
d. Approximate dimensions of all lots with proposed lot and block numbers. Lot sizes shall be in compliance with the applicable zoning laws;
e. The locations, size and existing use of all existing and contemplated public areas within the proposed subdivision. Areas designated for public use, as recommended by the planning commission, shall be dedicated for such use by easement to the city of Tonasket if approved by council and indicated on the final plat before recording;
f. A brief statement and preliminary layout of proposed facilities regarding the contemplated sewage disposal, water supply and drainage improvements for the proposed subdivision. The administrator, after consulting with the public works director, may require the installation of water, sewer, and storm drainage lines in streets within the subdivision, or easements thereof, in accordance with Chapter 16.32 TMC and with the recommendations of the city engineer;
g. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310;
h. Minimum building setback lines according to applicable zoning laws. A “typical lot” may show setbacks for all regular-shaped interior lots. All setback lines must be shown on irregularly shaped lots and corner lots; and
i. If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary plat;
4. A copy in concept of all proposed restrictive covenants shall be provided;
5. A title certificate consisting of a report showing all parties having any full or partial interest(s) in the property to be subdivided;
6. Environmental checklist prepared in accordance with Chapter 43.21C RCW (State Environmental Policy Act [SEPA]) and the city’s SEPA Ordinance (Chapter 18.04 TMC), as they now exist or are hereafter amended; and
7. Names and addresses of all landowners within 300 feet of the exterior boundaries of the property proposed for platting. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.030 Procedures – Generally.
A. The procedures and requirements set forth in TMC 16.20.020 through 16.20.200 shall be followed in submission and approval of preliminary plats. 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 this subsection (B) 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.035 Time limitations on approval, disapproval of plats – Extensions (RCW 58.17.140).
A. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days from date of filing thereof unless the applicant consents to an extension of such time period or the 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3); provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.
B. Final plats and short 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.
C. Except as provided by subsection (A) of this section, a final plat meeting all requirements of this chapter shall be submitted to the city council for approval within seven years of the date of preliminary plat approval if the date of preliminary plat approval is on or before December 31, 2016, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2017.
1. A final plat meeting all requirements of this chapter shall be submitted to the city council for approval within 10 years of the date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007.
D. Nothing contained in this section shall act to prevent the city from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. (Ord. 786 § 1 (Exh. A), 2017).
16.20.040 Application/processing fee.
The fee for a preliminary plat application is paid in two phases: (A) a nonrefundable preliminary processing fee for submission; and (B) the remainder of the fee is collected when the application is deemed complete in accordance with TMC Title 19 and the applicant is confident that he/she wants to proceed. The submittal of an application for preliminary plat shall be accompanied by the nonrefundable processing fee as specified in the adopted city of Tonasket fee schedule. 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 TMC 16.20.050 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 TMC 16.20.050, and the application fee is paid. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.050 Submission.
The subdivider, following a preapplication conference as required in TMC Title 19, shall submit an application for preliminary plat approval along with the processing fee to the administrator.
The administrator then reviews the application and related materials for completeness in accordance with TMC 19.05.030(G). (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.060 Public and agency notice.
When a complete preliminary plat application has been accepted as complete the administrator shall establish the date and time and provide notice for a public hearing in accordance with TMC 19.05.040. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.070 Review requirements.
A. 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:
1. City department heads, and planning agency including planning commission;
2. Okanogan County health district;
3. City consulting engineer;
4. Okanogan County assessor, planning department and/or public works;
5. Any affected irrigation district and/or public or private utilities (electrical, telephone, telecommunications, cable, water, etc.);
6. Natural Resources Conservation Service;
7. Any school district or fire district encompassing any of the area included in the preliminary plat;
8. Any governmental agencies concerned including nearby cities, and appropriate state and federal agencies. State agencies may include Departments of Fish and Wildlife, Ecology, Health, Transportation, Natural Resources, Commerce, Confederated Tribes of the Colville Reservation, 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, Confederated Tribes of the Colville Indian Reservation, etc., depending on location and scope of project;
9. Okanogan County horticulture pest and disease control board (if the plat contains agricultural uses).
B. 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 does not required connection to city water and sewer.
C. The above agencies shall all also be sent a notice of public hearing. The comments and/or recommendations of these agencies, if any, shall be submitted to the city of Tonasket a minimum of seven days prior to the hearing provided for in TMC 16.20.090.
D. The administrator shall review the application and related materials for consistency between development regulations and SEPA in accordance with TMC 19.05.050. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.080).
16.20.080 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 TMC 16.20.110 that the planning commission must consider. The report shall address comments and recommendations received from commenting 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.090).
16.20.090 Public hearing.
An open record public hearing shall be held before the planning commission in accordance with TMC 19.05.060. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.100).
16.20.100 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; and
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 must consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare and for such open spaces, drainageways, irrigation provisions pursuant to RCW 58.17.310, streets, alleys, other public ways, fish and wildlife and their habitat, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school, and including the comprehensive plan, zoning code and other pertinent land use controls, and whether the public use and interest will be served by the platting of such subdivision. Compliance with design and improvement requirements in Chapters 16.28 and 16.32 TMC shall be applied.
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, providing requirements for preliminary plat approval are completed prior to submittal to the city council.
D. 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 ensure that the public use and interest will be served. Pursuant to RCW 58.17.120, 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.110).
16.20.110 Planning commission recommendation – Decision.
A. The planning commission shall issue its findings and notice of decision in accordance with TMC 19.05.060(I). The recommendation of approval or disapproval shall be based upon the factors specified in TMC 16.20.100 and shall be in writing in the form of a letter of transmittal and shall include findings of fact and conclusions 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 in accordance with TMC 19.05.060(I). (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.120).
16.20.120 City council action.
A. The recommendation of the planning commission shall be submitted to the city council for final decision in accordance with TMC 19.05.060 and 19.05.070.
B. Any plat proposed within the 100-year floodplain is subject to the provisions of the city’s flood management ordinance codified in Chapter 15.16 TMC, as now exists or may hereafter be amended, and as approved by the Department of Ecology, as provided in Chapter 86.16 RCW.
C. Any plat proposed within the shoreline area as defined in Chapter 18.06 TMC is subject to the provisions of the city’s shoreline master program as codified in Chapter 18.06 TMC, as now exists or may hereafter be amended, as approved by the Department of Ecology, as provided in Chapter 90.58 RCW.
D. Any plat proposed within a critical area as designated in the city of Tonasket comprehensive plan is subject to the provisions of the city’s critical areas regulations as codified in Chapter 18.06 TMC, as now exists or may hereafter be amended, as provided in Chapter 36.70A RCW. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.130).
16.20.130 Approval – Conditions.
A. Pursuant to RCW 58.17.110, as it now exists or is hereafter amended, the city council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication.
B. The city council shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public use and interest will be served by the subdivision and dedication.
C. The council shall also consider any recommendation from the planning commission regarding any physical constraints, SEPA mitigation measures, or other conditions to protect the health, safety and welfare affecting the proposed plat, and may require protective improvements as a condition of the approval. Any such requirement shall be noted on the face of the plat.
D. If the council finds that the proposed plat makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved.
E. If the council finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, the council may deny the proposed plat. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.140).
16.20.140 Abandoned orchard removal prerequisite.
Before final approval is given any plat, removal of an abandoned fruit orchard within the plat may be recommended by the Okanogan County horticultural pest and disease control board as a condition of approval in order to protect existing orchards from pest and disease associated with abandoned orchards; provided, that the recommendation may allow designated trees to remain standing on individual lots for the use and enjoyment of homeowners; provided further, that an effective program of pest and disease control is carried out by the property owners on the remaining trees pursuant to Chapter 15.08 RCW, as it now exists or is hereafter amended. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.150).
16.20.150 Decision – Notifications.
The decision of the Tonasket city council shall be shall be in accordance with TMC 19.05.070. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.160).
16.20.160 Relationship of approved preliminary plat to final plat.
A. 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 as provided in TMC 16.20.035.
B. An applicant who files a written request with the city at least 30 days before the expiration of the time periods provided in TMC 16.20.035 shall be granted a one-year extension upon the showing that the applicant has attempted in good faith to submit the final plat within the appropriate period. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.20.170).
16.20.180 Decision – Review of – Appeals.
In accordance with RCW 58.17.180, 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. Appeals are subject to the procedures and timeline in TMC 19.05.070. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.190 Agreements to transfer land conditioned on final plat approval.
If the performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provisions of this chapter or title. All 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.20.200 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).