Chapter 17.25
PRELIMINARY LONG PLATS
Sections:
17.25.030 Procedures – Generally.
17.25.040 Application/processing fee.
17.25.047 Public and agency notice.
17.25.050 Review requirements.
17.25.080 Planning commission recommendation – Factors to be considered.
17.25.090 Planning commission recommendation – Town council decision.
17.25.100 Approval – Conditions.
17.25.110 Abandoned orchard removal prerequisite.
17.25.120 Relationship of approved preliminary long plat to final long plat.
17.25.130 Agreements to transfer land conditioned on final long plat approval.
17.25.140 Payment of services.
17.25.010 Administration.
(1) The administrator is vested with the duty of administering and interpreting the subdivision provisions of this title.
(2) The administrator may prepare and/or require the use of such forms or surveys as deemed necessary to administer this title.
(3) 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 17.25.020.
(4) The town of Twisp planning commission is vested with the duty of conducting the required public hearing on each long subdivision and making a recommendation to the Twisp town council to approve, approve with conditions or deny any long subdivision proposed within the town of Twisp. (Ord. 737 § 2, 2018)
17.25.020 Requirements.
(1) Any person desiring to subdivide land shall cause to be prepared a preliminary plat of the proposed long subdivision. Prior to the preparation, the applicant shall discuss with the administrator the procedure for adoption of a long 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 Chapter 14.05 TMC.
(2) The applicant shall prepare an application on a form provided by the town. An electronic and seven paper copies of the application form, preliminary plat and other information required herein shall be submitted along with the application fee set forth in the town’s current fee schedule.
(3) The preliminary plat of the proposed long 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:
(a) General Information.
(i) Proposed name of the long subdivision. This name shall not duplicate any name used on a recorded plat or long subdivision in the town of Twisp;
(ii) Location of the long subdivision by section, township and range;
(iii) Names and addresses of the owners, subdivider, designer of the long subdivision, and the licensed surveyor and engineer, if appropriate;
(iv) Scale, north arrow and date;
(v) A full and correct legal description of the entire lot, tract, parcel, site, or division constituting the applicants’ property, as recorded in the Okanogan County auditor’s office;
(vi) A vicinity sketch at a scale between 400 and 800 feet to the inch shall accompany the preliminary long 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 long 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;
(vii) The applicant shall be responsible for all contracted staff review expenses, consultant fees incurred for review of the application and related materials, publication costs and the costs of any independent inspector employed by the town to inspect installations of utilities to be delivered to the town upon completion as a condition of the platting process. This inspector will be on site as requested by the town. Written reports documenting that the project is constructed per the approved set of plans, specifications, and accepted standards shall be submitted to the town as requested by the public works director. The developer is responsible for all costs for environmental impact study, traffic studies, soil studies, and other reports required for project evaluation.
(b) Existing Conditions.
(i) Boundary lines of the proposed long subdivision including monuments and markers, approximate distance and area enclosed;
(ii) Existing restrictive covenants;
(iii) 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;
(iv) 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;
(v) Approximate width, location and purpose of all existing easements;
(vi) 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;
(vii) 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;
(viii) The approximate location of all areas designated in the town of Twisp shoreline master program;
(ix) The approximate location of all designated critical areas;
(x) The subdivision shall provide for irrigation water rights-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
(c) Proposed Long Plat.
(i) 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 in compliance with the town of Twisp development standards manual and International Fire Code within or on the boundary of the proposed long subdivision;
(ii) Location, width and purpose of all easements other than for roadway purposes;
(iii) Proposed uses of the property;
(iv) Approximate dimensions of all lots with proposed lot and block numbers. Lot sizes shall be in compliance with the applicable zoning laws;
(v) The location, size and existing use of any existing and contemplated public areas within the proposed long subdivision. Areas designated for public use as recommended by the planning commission shall be dedicated for such use by easement to the town of Twisp, if approved by the town council, and indicated on the final long plat before recording;
(vi) A brief statement and preliminary layout of proposed facilities regarding the contemplated sewage disposal, water supply and drainage improvements for the proposed long subdivision. The administrator, after consulting with the public works director, must require the installation of water, sewer, and storm drainage lines in public streets within the long subdivision, or easements or rights-of-way therefor in accordance with Chapter 17.40 TMC, the Twisp development standards manual and the recommendations of the town’s consulting engineer, unless an alternative provides a better option for long-term operation and maintenance;
(vii) If the proposed long subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310 and all irrigation infrastructure and easements shown on the face of the plat;
(viii) 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;
(ix) If the subdivider desires to develop the plat in phases, the phases shall be shown on the preliminary long plat.
(d) A copy, in concept, of all proposed restrictive covenants shall be provided.
(e) An ordinance certificate consisting of a report showing all parties having any full or partial interest(s) in the property to be subdivided.
(f) Environmental checklist prepared in accordance with Chapter 43.21C RCW, State Environmental Policy Act and the town’s SEPA ordinance as they now exist or are hereafter amended.
(g) Names and addresses of all landowners within 300 feet of the exterior boundaries of the property proposed for platting.
(h) The applicant shall submit in writing any requests of the town and/or adjacent landowners as they concern potential reimbursement or latecomer’s contracts, or town involvement in the cost sharing of any improvements. (Ord. 737 § 2, 2018)
17.25.030 Procedures – Generally.
All applications for long plats shall be processed in accordance with Chapter 14.05 TMC. In addition, the procedures and requirements set forth in TMC 17.25.020 through 17.25.140 shall be followed. It is intended that, to the extent possible, review of preliminary long plats 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 town may process an annexation concurrently with a long subdivision application. (Ord. 737 § 2, 2018)
17.25.035 Time limitations on preliminary approval, disapproval of plats – Extensions (RCW 58.17.140).
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. (Ord. 737 § 2, 2018)
17.25.040 Application/processing fee.
The submittal of an application for a preliminary long plat shall be accompanied by a nonrefundable processing fee as specified in the adopted town of Twisp fee schedule. Upon determination by the administrator that the application is complete in accordance with Chapter 14.05 TMC, 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 deemed vested and the formal review process initiated until the application has been deemed complete and the application fee paid. (Ord. 737 § 2, 2018)
17.25.045 Submission.
(1) The subdivider, following a preapplication conference as required in Chapter 14.05 TMC, shall submit an application for preliminary plat approval along with the processing fee to the administrator.
(2) The administrator then reviews the application and related materials for completeness in accordance with TMC 14.05.025(4). (Ord. 737 § 2, 2018)
17.25.047 Public and agency notice.
When an application for a preliminary plat has been accepted as complete the administrator shall establish the date and time and provide notice for a public hearing in accordance with TMC 14.05.040. (Ord. 737 § 2, 2018)
17.25.050 Review requirements.
(1) Copies of the preliminary long plat, supplementary material and environmental documents shall be forwarded by the administrator to the following agencies, as deemed appropriate, at least 15 days prior to the hearing date for their respective recommendations, if any:
(a) Town department heads;
(b) Town consulting engineer;
(c) Okanogan County assessor, Okanogan County planning and/or public works;
(d) Any affected irrigation district and/or public or private utilities, such as electrical, telephone, cable, water;
(e) Natural Resources Conservation Service;
(f) Any school district or fire district encompassing any of the area included in the preliminary long plat;
(g) Any governmental agencies concerned including Okanogan County, Colville and Yakama Tribes, OCOG (RTPO) and appropriate state and federal agencies. State agencies may include Departments of Fish and Wildlife, Ecology, Health and Transportation 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, and Bureau of Indian Affairs, depending on location and scope of project;
(h) Town of Twisp planning commission;
(i) Okanogan Pest and Disease Control Board, if the plat contains agricultural uses.
(2) The Okanogan County 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 is not required to connect to town water and sewer.
(3) The above agencies shall also be sent a notice of public hearing. The recommendations of the aforesaid public agencies, if any, shall be submitted to the town of Twisp a minimum of seven days prior to the hearing provided for in TMC 17.25.070.
(4) The administrator shall review the application and related materials for consistency between development regulations and SEPA in accordance with TMC 14.05.050. (Ord. 737 § 2, 2018)
17.25.060 Staff report.
The administrator shall prepare a staff report, including findings of fact, to present to the planning commission in accordance with TMC 14.05.040(4)(a)(xi). The staff report shall include a review of the proposed plat and any comments 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 town of Twisp comprehensive plan. (Ord. 737 § 2, 2018)
17.25.070 Public hearing.
(1) An open record public hearing shall be held before the planning commission in accordance with TMC 14.05.060. (Ord. 737 § 2, 2018)
17.25.080 Planning commission recommendation – Factors to be considered.
(1) The planning commission shall consider the following when preparing its recommendation to the town council:
(a) Staff report, agency, department or other reports and comments;
(b) Public testimony and all other relevant facts;
(c) The State Environmental Policy Act compliance documentation and determination 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 town council.
(2) The planning commission must consider whether the proposed long subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare and for such open spaces, drainage-ways, 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, other shared use paths 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 land use controls, and whether the public use and interest will be served by the platting of such subdivision.
(3) If the planning commission finds that the proposed long 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 long plat to the town council, providing requirements for preliminary long plat approval are completed prior to submittal to the town council.
(4) If the planning commission finds that the proposed long subdivision does not make such appropriate provisions, or that the public use and interest will not be served, the planning commission shall recommend disapproval of the preliminary long plat or shall recommend appropriate changes or conditions be attached to the preliminary long plat to ensure that the public use and interest will be served. Pursuant to RCW 58.17.120, as it now exists or is hereafter amended, the planning commission shall consider the physical characteristics of a proposed long subdivision site and may recommend disapproval of the proposed plat because of 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 86.15 RCW without the prior written approval of the Washington State Department of Ecology. (Ord. 737 § 2, 2018)
17.25.090 Planning commission recommendation – Town council decision.
The planning commission and the town council shall follow the procedures in Chapter 17.30 or 14.05 TMC. (Ord. 737 § 2, 2018)
17.25.100 Approval – Conditions.
(1) Pursuant to RCW 58.17.110, as it now exists or is hereafter amended, the town council shall inquire into the public use and interest proposed to be served by the establishment of the long subdivision and dedication.
(2) The town council shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, 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 long subdivision and dedication.
(3) The town 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. If the town council finds that the proposed plat makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainage ways, 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.
(4) If the town council finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, the town council may disapprove the proposed plat. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of long subdivision approval and shall be clearly shown on the final long plat. (Ord. 737 § 2, 2018)
17.25.110 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 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. 737 § 2, 2018)
17.25.120 Relationship of approved preliminary long plat to final long plat.
The approved preliminary long plat together with its conditions of approval shall constitute a guide to the applicant for the preparation of the final long plat and to the town for conditions under which the final long plat is to be approved. A final long plat meeting all the requirements of this title and Chapter 58.17 RCW and other local regulations shall be submitted to the town for approval in accordance with TMC 17.30.030. (Ord. 737 § 2, 2018)
17.25.130 Agreements to transfer land conditioned on final long 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 long plat approval is expressly conditioned on the recording of the final long 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 the chapter or ordinance. 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 long plat is recorded. (Ord. 737 § 2, 2018)
17.25.140 Payment of services.
When deemed necessary, the town 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 town. Billings shall be tendered and payable within 30 days. If the developer believes the costs to be unreasonable, an appeal may be made to the town council for their review and determination. (Ord. 737 § 2, 2018)