Chapter 17.30
FINAL LONG PLATS
Sections:
17.30.020 Supplementary information.
17.30.030 Time limit for submission.
17.30.050 Review and approval.
17.30.060 Time limit for recording.
17.30.070 Vested use limitation.
17.30.080 Final long plat alteration.
17.30.090 Final long plat vacation.
17.30.010 Requirements.
The final long plat shall conform substantially to the preliminary long plat and shall incorporate any conditions or recommendations imposed by the planning commission and approved by the town council. Any required signatures shall be in permanent black ink on the original document to be filed. In addition, the final long plat shall show clearly the following information:
(1) A complete survey of the section or sections necessary to establish the corner(s) of the quarter section in which the plat is located or as much thereof as may be necessary to properly orient the plat within such section or sections. The survey shall be submitted with copies of complete field notes and computations showing original or re-established corners, with descriptions of and reference ties to all corners and copies of field notes of traverse showing error of closure and method of balancing, with sketch showing all distances, bearings and calculations required to determine corners and traverse distance of the plat. The allowable error of closure shall not exceed one foot in 10,000 feet;
(2) Tract boundary lines, property lines of lots, open space, other sites, and other rights-of-way, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves. If the plat constitutes a replat, the lots, blocks, streets, and all other improvements of the original plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid any ambiguity;
(3) Name and right-of-way width of each street, easement or other right-of-way;
(4) Location, dimensions, beneficiary, and purpose of any easements;
(5) Number to identify each lot or site and block;
(6) Purpose for which sites, other than residential lots, are dedicated or reserved;
(7) Location and description of monuments existing or set, permanent control monuments shall be established at each and every controlling corner of the boundaries of the parcel of land being subdivided. The public works director shall determine the number and location of permanent control monuments within the plat;
(8) Reference to recorded subdivision plats of adjoining platted land by record name, date and number and the lines and names of all existing or platted streets or other public ways, parks, playgrounds, other public lands, and easements adjacent to the final long plat, subdivision or dedication, including municipal boundaries, township lines and section lines;
(9) A certification by a professional land surveyor in a form acceptable to the town that the plat is a true representation of the lands actually surveyed;
(10) Appropriate certificate indicating consent by all those persons having ownership rights in the property in a format acceptable to the town;
(11) A certificate acceptable to the town relating to any flood hazard areas and/or any town of Twisp shoreline management areas;
(12) Certification regarding any streets, utilities, rights-of-way, easements for private or public use. Ownership of utilities and easements shall be stated on the face of the plat and described on the utilities section of the plan set;
(13) Certificate from the Okanogan County treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification by the treasurer have been fully paid, satisfied or discharged;
(14) Certification of approval by the public works director acting on behalf of the town, as to the survey data, layout of streets, alleys, and other rights-of-way, design of bridges, sewage and water systems, and other structures;
(15) Written certification of approval from the Methow Valley Irrigation District if plat is within its service area;
(16) Certification of approval by the Twisp mayor;
(17) Acknowledgment from the public works director as to the adequacy of the proposed means of sewage disposal, water supply, storm drainage and access;
(18) Ordinance, scale, north arrow, and date;
(19) A certification shall be submitted together with the plat certifying that the subdivider has either:
(a) Completed improvements in accordance with these regulations and with the action of the town council giving approval of the preliminary long plat; or
(b) Provided acceptable surety such as a bond, certified check, nonrescindable letter of credit from a reputable financial institution, property, or other secure methods for such improvements as provided in TMC 17.35.200;
(20) Such other certificates, affidavits or endorsements as may be required by the town council in the enforcement of these regulations. (Ord. 737 § 2, 2018)
17.30.020 Supplementary information.
In addition to the requirements of TMC 17.30.010 the following information shall be submitted with the final long plat as appropriate:
(1) A copy of any proposed covenants, conditions and restrictions to be recorded with the proposed long subdivision;
(2) A list of the conditions required as part of the approval of the preliminary long plat by the town council together with annotation of how they have been and/or will be complied with. (Ord. 737 § 2, 2018)
17.30.030 Time limit for submission.
(1) The original tracing and four copies of the final plat and other exhibits required for approval as specified in TMC 17.25.020 shall be submitted to the administrator and shall be accompanied by a written request for approval of the final plat, and shall be accompanied by the final plat processing fees as specified in the adopted fee schedule.
(2) The final plat shall be submitted to the town council 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.
(3) A final plat meeting all requirements of this chapter shall be submitted to the town 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.
(4) An applicant who files a written request with the administrator at least 30 days before the expiration of this period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the appropriate period. (Ord. 737 § 2, 2018)
17.30.040 Drawings.
The final long plat shall be drawn on stable base mylar or equivalent material at such a scale as to make a map a minimum of 18 inches by 24 inches and shall be at a scale of at least one inch equals 100 feet unless the administrator requests or authorizes a different scale. Where necessary, the plat may be on several sheets, including match lines, accompanied by an index sheet showing the entire long subdivision. (Ord. 737 § 2, 2018)
17.30.050 Review and approval.
(1) Review and approval of the final plat is a Type III action and subject to the requirements of Chapter 14.05 TMC.
(2) The administrator shall review the final long plat for conformance to conditions imposed on the approved preliminary long plat. If the proposed final long plat is in conformance with all conditions of preliminary approval, then the administrator shall submit the final long plat and required information for approval, approval with conditions or denial to the town council.
(3) If the final long plat contains substantial modifications from the preliminary long plat recommended for approval by the planning commission, the administrator shall process it in accordance with Chapter 14.05 TMC.
(4) When the town council finds that the final long plat conforms to all terms of the preliminary long plat approval and that said subdivision meets the requirements of this title, and Chapter 58.17 RCW, as both these regulations were in effect at the time of preliminary long plat approval, the town council shall authorize the mayor to sign the final long plat after which the mayor shall suitably inscribe and execute their written approval on the face of the plat. The long subdivision shall be governed by the terms of the final long plat unless the town council finds that a change in conditions creates a serious threat to the public health or safety in the long subdivision at which time the town council may take any action needed for correction.
(5) That any newly installed fire hydrant be equipped with a five-inch Storz fitting (approved by fire chief) with a tethered cap installed on the large diameter discharge pot.
(6) Approval shall be indicated by the signature of the administrator or his/her designee on the original tracing. (Ord. 737 § 2, 2018)
17.30.060 Time limit for recording.
The final long plat shall be recorded within 60 days following the date of approval of the final long plat by the town council. If the subdivider fails to file the final long plat prior to the expiration of the above time period, he/she shall resubmit the plat in accordance with Chapter 17.25 TMC. (Ord. 737 § 2, 2018)
17.30.070 Vested use limitation.
Any lots in a long 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 town council finds that a change in conditions creates a serious threat to the public health and safety in the subdivision. (Ord. 737 § 2, 2018)
17.30.080 Final long plat alteration.
(1) Application. When any person is interested in the alteration of any long subdivision or the altering of any portion thereof, except as provided under TMC 17.05.050(4), that person shall submit an application to request the alteration to the administrator on an application form available from the administrator, including a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be processed in accordance with Chapter 14.05 TMC and be accompanied by the following:
(a) The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites, or divisions in the subject long subdivision or portion to be altered;
(b) If the long subdivision is subject to restrictive covenants which were filed in conjunction with the long subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the long subdivision or portion thereof.
(2) Assessment District. If any land within the alteration is part of an assessment district, any outstanding taxes, assessments and charges shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.
(3) Dedication. If any land within the alteration contains a dedication to the general use of persons residing within the long subdivision, such land may be altered and divided equitably between the adjacent properties.
(4) Drawings and Filing. After approval of the alteration, the town council shall order the applicant to produce the revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor which, after signatures of the authorities whose approval appeared on the original plat, shall be filed with the Okanogan County auditor to become the lawful plat of the property.
(5) Affected Dedicated Land. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties. (Ord. 737 § 2, 2018)
17.30.090 Final long plat vacation.
(1) Application. Whenever any person is interested in the vacation of any long subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the administrator. The administrator shall process said application in accordance with Chapter 14.05 TMC.
The application shall set forth the reasons for vacation and shall be accompanied by the following:
(a) The signatures of all parties having an ownership interest in that portion of the long subdivision subject to vacation;
(b) If the long subdivision is subject to restrictive covenants which were filed at the time of the approval of the long subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties, subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the long subdivision or portion thereof.
(2) Procedure Relating to Roads.
(a) When the vacation application is specifically for a town street or alley right-of-way, the procedures for street vacation in Chapter 35.79 RCW shall be utilized for the road vacation.
(b) When the application is for the vacation of the plat together with the roads, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.79.035.
(3) Title to Vacated Land. If any portion of the land contained in the long subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the town or Okanogan County, shall be deeded to the town or county, unless the town council shall set forth findings that the public use would not be served in retaining title to those lands.
Title to the vacated property shall vest with the rightful owner as shown in the Okanogan County records. If the vacated land is land that was dedicated to the public for public use other than a road or street, and the town council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by town council. When the road or street that is to be vacated was contained wholly within the long subdivision and is part of the boundary of the long subdivision, title to the vacated road or sheet shall vest with the owner or owners of property contained within the vacated long subdivision. (Ord. 737 § 2, 2018)