Chapter 16.16 SUBDIVISIONS – PLATTING PROCEDURE AND REQUIREMENTS

It is unlawful for any person to divide land so as to constitute a subdivision within the city, or to enter into any contract for the sale or lease of any part of such land, without first complying with the provisions of this chapter applicable to such division of land. (Ord. 86-26 § 2, 1986).

16.16.010 Administration.

The administrator is vested with the duty of administering the provisions of this title. (Ord. 86-26 § 2, 1986).

16.16.015 Conference.

The subdivider is encouraged to request conferences with the city staff to discuss the area proposed, traffic patterns, sewer, water, flood zones, drainage, irrigation, etc., and any other questions the subdivider or city staff may have, pertinent to the area to be considered for subdivision. No fee is to be charged for these conferences. (Ord. 86-26 § 2, 1986).

16.16.020 General purpose.

A. General Purpose. The preparation, submission, review and official action concerning all subdivision plats located within the limits of the city shall proceed through the following steps: application plat, preliminary plat, final plat.

1. The application plat is intended as an initial step in subdivision procedure. It provides the subdivider and city staff the opportunity to discuss the subdivision proposal and to review the comprehensive plan; provides the administrator with information concerning the proposed development; and provides the subdivider with guidelines concerning development policies of the city, as well as providing him the opportunity to inform himself of other agencies’ requirements as regards his subdivision.

2. The preliminary plat is intended to aggregate all subdivision design information on one or more maps in a manner which will accurately inform the administrator and planning commission. This information shall be supplemented by that provided during the application plat stage.

3. The final plat is intended as a legal recording document, which will accurately indicate the actual property subdivision and its attendant rights-of-way, easements, boundaries and monumentation. (Ord. 86-26 § 2, 1986).

16.16.025 Application plat.

The subdivider shall submit three copies of the application plat and supplemental information to the administrator which shall contain the following:

A. A sketch plan of the entire development area drawn to scale shall be submitted; the boundary of the applicant’s property intended for ultimate development and boundaries of that parcel selected for the first plat within the property, if the entire property is not to be developed at once. The sketch shall also indicate approximate location and size of existing structures, fences, access roads, and water courses; approximate location of wells, utilities and topographic features; and location of proposed lots, blocks, streets and utility systems.

B. Existing conditions and characteristics of the land and the area within 300 feet of the boundaries of the site shall be indicated.

C. The area proposed or required to be set aside for schools, parks, or other community facilities shall be indicated.

D. A statement in writing of the intended use of property shall be submitted.

E. Additional information as might be required by the administrator shall be completed.

F. There shall be no fee required with the application plat.

1. Review of Application Plat.

a. The administrator shall review the plat and provide a written response within 10 days of submission. This written response shall include comments upon the general acceptability of the proposal, suggested changes, requests for additional data, and an indication of when the plat should be submitted for preliminary plat review and approval. The platting officer may request that copies of the application plat be submitted to other agencies.

b. The administrator shall review the plat with the subdivider and such professionals employed by him to prepare the plat.

c. The administrator’s approval of the application plat does not assure approval of the plat. (Ord. 86-26 § 2, 1986).

16.16.030 Preliminary plat.

After the administrator reviews and approves the application plat, the preliminary plat containing the following shall be submitted:

A. Fifteen copies of the preliminary plat of the property;

B. A completed application, including SEPA review per Chapter 18.04 TMC;

C. An application fee shall be established by resolution of the city council, as amended from time to time;

D. If proposed, copies of protective covenants, deed restrictions and/or home association bylaws affecting the proposed subdivision;

E. A title certificate and report from a title company showing the legal and equitable owners (including mortgages, contract purchasers and fee owners) of the land to be platted, plus all grants, reservations, covenants, deed restrictions and easements of record which may condition the use of the property;

F. A certified copy of the deed to the property;

G. A soils report, prepared by a professional engineer, surveyor, architect or geologist with demonstrated training in soils mechanics may be required when deemed necessary by the administrator. The report should state what the soil characteristics in the area are and indicate their capacities to support the proposed development;

H. Groundwater report prepared by a professional engineer, hydrologist, or geologist when deemed necessary by the administrator;

I. Additional reasonable information, as might be required by the administrator. (Ord. 2017-01 § 1, 2017; Ord. 86-26 § 2, 1986).

16.16.035 Preliminary plat preparation.

A preliminary plat shall be prepared by or under the supervision of a registered land surveyor of the state of Washington and a registered professional engineer. (Ord. 86-26 § 2, 1986).

16.16.040 Preliminary plat contents.

A preliminary plat shall be legibly drawn at a scale of one inch equals 100 feet (smaller if all information can be shown legibly) and shall be at least 18 inches by 24 inches in size. It shall show:

A. The entire lot or parcel constituting the applicant’s land;

B. North arrow and date;

C. Boundary lines based upon the land proposed to be subdivided and boundary lines of all proposed lots and streets;

D. Dimensions and sizes of each lot of the proposed subdivision;

E. Existing zoning of the plat and of adjacent properties;

F. Size and location of water, sewer drainage, irrigation and utility easements, including all private utilities, and the grade and elevation of sewer main, where required by the city, as proposed to serve the lots created by the subdivision. Profile drawings will not be required unless specifically requested by the city to demonstrate feasibility;

G. Building locations, existing or proposed, and points of access shall be indicated in residential subdivisions;

H. Location, size, purpose of and physical description of improvements to existing roads, streets, rights-of-way and easements adjacent to, or across, the land. A physical description of existing street improvements shall be provided, including ballast and surfacing information;

I. Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size and purpose;

J. Parcels of land intended or required to be dedicated for streets or other public purposes;

K. The general location of streams, lakes, swamps and drainage courses meandering through the subdivision including the location of floodplain areas as defined in TMC 16.04.005 and the homes of all known individuals using these waters beside and downstream from the proposed subdivision;

L. A title block shall be located in the lower right hand corner of the first page. If more than one page is used, this title block and information contained therein shall appear on all subsequent pages, containing: horizontal scale, date and name of proposed subdivision, legal description of location of subdivisions, names and addresses of the subdivisions, owners of the land, and the surveyor and/or engineer preparing the plat;

M. Recording number of any previous subdivisions. (Ord. 86-26 § 2, 1986).

16.16.045 Review by affected agencies and departments.

Upon the filing of an application for a subdivision with the office of the city manager, the administrator shall supply a copy of the preliminary plat for their review and comment to: the city fire, police and public works departments; appropriate private utilities; affected irrigation districts; where a state highway is involved, to the Washington State Department of Transportation; and where flood control considerations are involved, to the U.S. Army Corps of Engineers and/or Bureau of Reclamation.

A. The administrator shall review the preliminary plat and the responses received from the above agencies.

B. If other agencies require permits for the proposed action, copies of those permits shall be submitted at this time.

C. The administrator together with appropriate governmental agencies shall review the submitted preliminary subdivision plat for completeness. If the plat does not meet the requirements of these regulations, the administrator shall notify the applicant by letter stating the additional information needed. If after 10 days of the date of mailing, exclusive of Saturdays, Sundays, and official holidays, the additional information is not submitted, the officer shall place the preliminary plat on the agenda of the planning commission with a recommendation for disapproval. (Ord. 86-26 § 2, 1986).

16.16.050 Hearing date established.

Upon receiving an application for a subdivision, the administrator shall set a date for a public hearing on the application before the planning commission. The administrator may establish deadlines for submittal of applications prior to regular monthly planning commission meetings, however, the hearing date shall not be set more than 60 days from the date of completion of environmental review. (Ord. 86-26 § 2, 1986).

16.16.055 Notice of public hearing.

A. Notice of public hearing before the planning commission shall be given in the following manner:

1. By publication of at least one notice not less than 10 calendar days prior to the hearing in the official city newspaper;

2. By notice given at least 10 calendar days prior to the date of the hearing by mailing such notice to the owners of all properties within 300 feet of the exterior boundaries of the proposed subdivision, as such owners are shown on the records of the Yakima County assessor, and by posting on the property included in the proposed subdivision;

3. Additional notice of such hearing shall be mailed to the board of Yakima County commissioners, the Yakima County planning department, and the Yakima Valley conference of governments upon the filing of a preliminary plat of a proposed subdivision adjoining the municipal boundaries of the city; and

4. Additional notice of such hearing shall be mailed to the Washington State Department of Highways upon the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway.

B. Each notice required by this section shall include the date, hour and location of the public hearing, a legal description of the proposed subdivision, and a vicinity location sketch and a location description in nonlegal language. (Ord. 86-26 § 2, 1986).

16.16.060 Review by planning commission – Recommendation required.

A. The planning commission shall review the preliminary plat of the proposed subdivision during a public hearing and determine whether the following standards are satisfied by the proposed subdivision:

1. Conformance with the provisions of the city zoning ordinance;

2. Conformance with the Toppenish area comprehensive plan;

3. Conformance with the provisions of this chapter;

4. Appropriate provisions for:

a. Public health, safety and welfare,

b. Open spaces,

c. Drainage systems,

d. Streets, alleys and other public ways,

e. Water supplies,

f. Sanitary waste disposal,

g. Parks and playgrounds;

5. Based upon standards (A)(1) through (4) of this section, that the public use and interest will be served.

B. The planning commission shall submit a recommendation for approval or disapproval with its findings regarding all standards contained in subsection A of this section to the city council no later than 60 days following its action. (Ord. 86-26 § 2, 1986).

16.16.065 Preliminary plat – Council determination at public hearing – Procedure for change of recommendation – Time limitation for approval or disapproval.

A. Upon receipt of the recommendation of the planning commission on any preliminary plat of a proposed subdivision, the city council shall set the date for a public hearing where it may adopt or reject the recommendations of the planning commission.

B. A record of such meetings and hearings shall be kept and shall be open to public inspection.

C. Each preliminary plat of a proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within 60 calendar days from the date of filing thereof with the administrator unless the applicant consents to an extension of such time period; provided, that time taken to satisfy SEPA requirements in RCW 43.21C.030 shall not be included in the 60-day period.

D. A preliminary plat which has been disapproved by the council shall not be accepted for rehearing for a period of one year following the denial if the administrator feels that the proposed plat being resubmitted is essentially the same as that denied by the city council, or if no substantial new evidence or change in circumstances has occurred. If the developer insists on submitting a preliminary plat against the advice of the administrator, the preliminary plat shall be placed on the agenda of the planning commission with a recommendation for disapproval.

E. One copy of the approved preliminary plat shall be retained in the office of the city manager and one copy shall be given to the subdivider or his agent along with the conditions of approval noted thereon. (Ord. 86-26 § 2, 1986).

16.16.070 Preliminary plat – Expiration of approval – Conditions.

A. Approval of preliminary plats of proposed subdivisions shall expire one year from the date of city council approval thereof. The council may, upon application of the subdivider prior to such expiration, grant an extension for a maximum period of one year from the expiration date.

B. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision’s meeting all subdivision requirements in effect on the date that such extension is granted.

C. Phasing will be allowed to permit orderly growth. Each phase must be a complete subdivision by itself and not be dependent upon future phases, with respect to streets, access, utilities, etc. (Ord. 86-26 § 2, 1986).

16.16.075 Final plat – Submission for approval required – Copies – Fees.

A. A final plat of a proposed subdivision shall be submitted for approval by the city council by filing the proposed final plat with the city manager’s office within one year from the date of approval of the preliminary plat or within the time prescribed by an extension granted by the city council.

B. Each final plat submitted for approval shall be accompanied by one mylar reproducible drawing of the subdivision, 15 copies thereof, and a current title certificate.

C. Each final plat shall be subject to a fee to cover the expense of plan review and inspection. The fee shall be established by resolution of the city council, as amended from time to time. Field inspection will be provided by the subdivider during construction under the supervision of the city or its representative. The engineer supervising inspection shall submit a certificate of compliance with approved plans of construction on all improvements to be deeded to the city, including water, sewer, streets, drainage, etc.

D. Each application for final plat shall be accompanied by a subdivision agreement, which shall include the estimated costs of all required improvements. The subdivision agreement shall be a legally executed document prior to final plat approval. (Ord. 2017-01 § 1, 2017; Ord. 86-26 § 2, 1986).

16.16.080 Final plat – Preparation.

A. Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him or under his direction.

B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (Chapter 58.09 RCW) as it now exists or is hereafter amended.

C. The land survey of the final plat shall be referenced from two monumented section or quarter section corners, or if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision.

D. Survey lot corner pins in accordance with city standards shall be placed at all lot corners and permanent survey monuments shall be placed at street intersections. (Ord. 86-26 § 2, 1986).

16.16.085 Final plat – Conformance with preliminary plat approval.

Each final plat submitted for approval shall be in conformance with the conditions of preliminary plat approval. (Ord. 86-26 § 2, 1986).

16.16.090 Final plat – Requirements.

Each final plat submitted for approval shall be clearly and legibly delineated upon tracing cloth of good quality polyester film .003 inch thick or a direct positive photographic reproducible polyester .003 inch thick. All lines, letters, figures, certificates and acknowledgments and signatures shall be made in black waterproof acetate ink of good quality (Pelikan T or equal) except that affidavits, certificates and acknowledgments may be stamped or printed upon the plat with black nonsmearing opaque ink. The map shall be to a suitable and appropriate scale, not to exceed one inch equals 100 feet. The map shall be 18-inch by 24-inch. It shall show:

A. Date, north arrow and scale;

B. Name of the subdivision;

C. Accurate and complete legal description of the subdivision;

D. The location of lines delineating the intermediate regional flood (100-year flood) and the floodway within it, if delineated, such lines being vertically located to an accuracy of plus or minus one foot;

E. Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of dedications; all to be indicated by accurate dimensions, bearing or defection angles, and radii, arcs, and central angles of all curves;

F. Notation and description of any protective improvements or dedications required by the city council or otherwise provided for;

G. Reference by name to any recorded subdivision or short subdivision adjoining the subdivision;

H. Name and right-of-way width of each street or other right-of-way;

I. Location, dimensions, and purpose of any easements;

J. Number to identify each lot and block;

K. Purpose of which sites, other than residential lots, are dedicated or reserved;

L. Plats filed for the purpose of reverting subdivided land to acreage shall be conspicuously marked by the title “The purpose of this plat is a reversion to acreage;”

M. Certificate by the surveyor certifying to the accuracy of the survey and plat in substantially the following form:

I, __________, a Professional Land Surveyor, do hereby certify that the plat of _________ is based upon an actual survey of the property herein described and that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the grounds as shown on the plat.

__________________________
(Surveyor’s signature and seal)

N. Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report, and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by TMC 16.12.025(H);

O. A statement evidencing irrigation water rights-of-way if the subdivision lies wholly or in part in an irrigation district;

P. Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semiprivate, or public use;

Q. The signature of the director of public works and fire chief;

R. The signature of the city engineer or other licensed engineer acting on behalf of the city;

S. The signature of the administrator which shall certify that the final plat conforms with the conditions of approval for the preliminary plat of the subdivision;

T. A space for the signature of the mayor whose signatures shall evidence the approval of the final plat by the city council. (Ord. 86-26 § 2, 1986).

16.16.095 Final plat approval – Approval of subdivision agreement by the city council.

A. The city council shall review the final plat during a public hearing and shall approve the final plat if the council determines that the final plat conforms to the conditions of preliminary plat approval, that the final plat meets the requirements of this chapter, and that the public use and interest will be served by the subdivision; provided, that no plat shall be approved by the council for any land situated in a flood control zone as provided by Chapter 86.16 RCW without prior written approval of the Washington State Department of Ecology.

B. Upon approving the final plat, the city council authorizes the mayor to sign the final plat. (Ord. 86-26 § 2, 1986).

16.16.100 Final plat – Recording.

All final plats approved by the city council shall be filed for record immediately, or in accordance with approved construction completion schedule, or as soon as possible, by the subdivider in the Yakima County auditor’s office. The subdivider shall be responsible for all filing fees. All final plats shall be accompanied by a current title report. (Ord. 86-26 § 2, 1986).

16.16.105 Subdivision agreement – Bonds filed prior to approval of final plat.

A. The subdivider shall provide a surety bond or other secure method acceptable to the city council (letter of credit, cash deposit, etc., approved by the city attorney) which provides for and secures to the city the actual construction of the improvements.

B. The value of the bond or surety shall be 100 percent of the value of the estimated improvements.

C. An application for use of a surety bond or other acceptable method of security shall be made to the administrator and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the administrator who shall notify the subdivider of tentative approval or rejection of the application within 14 days after its filing. (Ord. 86-26 § 2, 1986).

16.16.110 Maintenance bond.

The subdivider shall file with the city or propose some other method of security providing for and securing to the city the successful performance of required improvements for one year after acceptance and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period, all as set forth in the city’s standard specifications. (Ord. 86-26 § 2, 1986).

16.16.115 Concurrent building upon bonding of improvements.

In the event that improvements required by the city are bonded by the developer as a condition of final plat approval, concurrent building of structures and installation of required improvements shall be permitted. Occupancy permits will not be issued for homes so constructed until subdivision improvements are accepted by the city. (Ord. 86-26 § 2, 1986).

16.16.120 Submission of plans and specifications and notice prior to construction of improvements.

In the event that the improvements required by the city are to be commenced subsequent to preliminary plat approval, all plans and specifications for such improvements shall be provided to the city for approval and prior to the commencement of installation of such improvements five working days’ notice shall be provided to the city. (Ord. 86-26 § 2, 1986).