Chapter 16.15
SHORT SUBDIVISIONS
Sections:
16.15.040 Preliminary application for a short subdivision--Requirements.
16.15.050 Completed application.
16.15.060 Public notice of short plat application.
16.15.070 Criteria for approval.
16.15.080 Planning commission approval/disapproval preliminary applications.
16.15.090 Final short plat--Time limitation.
16.15.100 Final short plat contents.
16.15.120 Approval of short subdivisions--Notice to parties of record.
16.15.130 Short plat--Decision appeals.
16.15.140 Appeal of decisions by the planning commission.
16.15.150 Legislative body action on appeals.
16.15.160 Appeal of decisions made by the city council.
16.15.180 Actions not appealable.
16.15.190 Approval of short subdivisions--Filing.
16.15.200 Resubdivision restricted.
16.15.210 Short plat amendment.
16.15.010 Approval required.
It is unlawful for any person to divide land so as to constitute a short 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 title applicable to such division of land and enforced under Section 16.40.030 of this title. (Ord. 1055 §3(part), 1998)
16.15.020 Scope.
The short subdivision process shall only be used to create a division of property into four or fewer lots. (Ord. 1055 §3(part), 1998)
16.15.030 Administration.
A. The planning department, referred to in this title as the administrator, is vested with the duty of administering the short subdivision provisions of this title.
B. The administrator may prepare and require the use of such forms as deemed necessary to administer this title. (Ord. 1055 §3(part), 1998)
16.15.040 Preliminary application for a short subdivision--Requirements.
A. An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent of an owner or owners, or by a representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the planning department.
B. Each application for a short subdivision shall include the following:
1. A written application on a form provided by the planning department and signed by the land owner or his authorized agent;
2. A mylar, as defined in this title, of the entire contiguous tract owned by the applicant which shall show:
a. Name and address of owner(s) whose properties are shown on the map,
b. North arrow,
c. Date of preparation,
d. The name, location and width of all streets and alleys abutting the property,
e. Tract and lot identification, lot lines, and dimensions of each of lot,
f. Approximate location of existing improvements, buildings and permanent structures,
g. Size and location of water, sewer, and utility easements proposed to serve the lots to be created and their point of connection with existing services,
h. A full legal description of affected land for proposed short plat,
i. If requested by the administrator, contour lines at two-foot elevation intervals for slopes;
3. An environmental checklist, WAC 197-11-315, may be required by the administrator and by Title 18 of this code;
4. A nonrefundable application fee established by city council (Section 16.07.010) shall be submitted to the city clerk/treasurer with an application along with any fees related to new lot’s creation. (Ord. 1055 §3(part), 1998)
16.15.050 Completed application.
Within fifteen days of the preliminary application the administrator will determine if a complete application has been submitted. Only those preliminary applications deemed as being complete will be further processed. Incomplete preliminary applications will be returned to the application together with a notice of deficiencies. (Ord. 1055 §3(part), 1998)
16.15.060 Public notice of short plat application.
The administrator shall direct that public notice of the proposed short plat application be given within ten calendar days of the decision of the administrator that the application is complete. This notice shall consist of:
A. Mailing a notice of application to the owners of all properties within three hundred feet of the exterior boundaries of the proposed short plat, as such owners are shown on the records of the Yakima County assessor. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided;
B. The placement within the newspaper of record of a public planning commission meeting on the pending application;
C. Public notices will contain the address and one of the following: legal description, vicinity sketch, or written description (RCW 58.17.092).
Public notice will allow comments from the public on said proposed short plat for a period of at least ten days before the next possible scheduled planning commission meeting. (Ord. 1055 §3(part), 1998)
16.15.070 Criteria for approval.
Following and only after the ten-day public notice period has been satisfied the administrator shall place the completed application on the next scheduled planning commission agenda for consideration of approval. The planning commission shall approve the short subdivision and short plat after making a determination:
A. Whether the application complies with the general requirements for short subdivision approval as specified by this title, the comprehensive plan, and city zoning regulations;
B. If appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and
C. Whether the public interest will be served by the subdivision and dedication. (Ord. 1055 §3(part), 1998)
16.15.080 Planning commission approval/disapproval preliminary applications.
The planning commission will approve, disapprove, require conditions for approval, or return for modification all preliminary short subdivision applications. Conditions of approval may include and are not limited to: potable water services, sanitary sewer, street lighting, roads, sidewalks or dedications of land. In reaching a conclusion to approve, disapprove, or require conditions for short subdivisions, the planning commission shall determine whether the requirements of this title have been satisfied, whether the city zoning ordinance and comprehensive plan have been met, and direct the administrator to make a formal written finding of fact. (Ord. 1055 §3(part), 1998)
16.15.090 Final short plat--Time limitation.
Following preliminary short plat approval, the applicant will have one year in which to comply with the conditions of approval and submit the final short plat. This approval may be extended up to one additional year by action of the planning commission. Requests for extension shall be in writing to the planning department and shall be received prior to the expiration date of initial approval. (Ord. 1055 §3(part), 1998)
16.15.100 Final short plat contents.
A final short plat shall be drawn on a mylar as defined in the title and shall include:
A. The entire lot or parcel constituting the applicant’s land;
B. The taxation parcel number or numbers as assigned to the “land” proposed to be divided by the Yakima County assessor;
C. The house address for each lot shown upon the short plat;
D. The names or recording numbers of any contiguous subdivisions or short subdivisions;
E. Lot corners and lines marking the division of the land into four or less lots, along with lot dimensions;
F. Location of any roads, rights-of-way, or easements proposed to serve the lots within the short plat with a clear designation of their size, purpose and nature;
G. The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided, as well as the acknowledged signatures of all owners of property over which access or utility easements pass unless such easements are previously or simultaneously recorded by separate instrument in the county auditor’s office, certifying the following:
1. In the case of a short subdivision not containing a dedication:
a. A full and correct legal description of the land to be divided as it appears on the short plat,
b. A statement of free consent in substantially the following form, the reference to easements to be omitted where not applicable:
Know all men by these presents that are the fee simple owners of the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do hereby grant and reserve the easements as shown hereon for the uses indicated hereon.
(Name) (Name)
2. In the case of a short subdivision containing a dedication:
a. A full and correct legal description of the land to be divided as it appears on the short plat,
b. A statement of free consent and waiver of claims for damages in substantially the following form: DEDICATION AND WAIVER OF CLAIMS
Know all men by these presents that are the owners and all other parties having any interest in the land hereon described; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Wapato and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby grant and reserve the easements as shown hereon for the uses indicated.
(Name) (Name)
3. If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite said waiver;
H. A certificate by a registered land surveyor certifying to the accuracy of the survey and short plat in substantially the following form:
I________, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.
(Surveyor’s Signature, seal and number)
I. County treasurer’s office certificate in substantially the following form:
I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid. Dated this day of __, 19__
By:
Yakima County Treasurer’s Office
J. If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:
The property described hereon is wholly or in part within the boundaries of the irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.
K. Short plat administrator’s signature block. (Ord. 1055 §3 (part), 1998)
16.15.110 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat.
A. The subdivider may, as an alterative to actual construction of required improvements, provide a surety bond or other secure method providing for and securing to the city the actual construction of required improvements within a specified period of time expressed in the bond or other method of security. Any bond or other method of security shall specify the improvements covered and the schedule for completion.
B. The bond or other method of security shall be subject to approval by the city attorney prior to approval of the short plat by the planning commission. In no case shall the amount of the bond or other method of security be less than one hundred ten percent of the actual estimated cost of the improvements based upon the approved civil engineering design of the required improvements. (Ord. 1055 §3(part), 1998)
16.15.120 Approval of short subdivisions--Notice to parties of record.
The planning commission shall, after determining that the requirements of this title have been met and that the short plat has been signed by all the proper individuals, notify all parties of record that the short plat is ready to be approved. The administrator shall refrain from filing an approved short plat for fourteen calendar days from the date of mailing of said notice. Any appeals of the planning commission’s decision to approve must be filed within this fourteen-day period. (Ord. 1055 §3(part), 1998)
16.15.130 Short plat--Decision appeals.
All appeals authorized under the provisions of this title, except judicial appeals, shall be filed with the planning department.
The administrator shall forward the appeal to the appropriate reviewing official, schedule an appeal hearing, provide the required notification, and maintain complete records of all appeal hearings unless otherwise provided for in this chapter. (Ord. 1055 §3(part), 1998)
16.15.140 Appeal of decisions by the planning commission.
A. Appeals. The decision of the planning commission shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner:
1. The appealing party must file a complete written notice of appeal with the planning department upon forms prescribed by the department and accompanied by the appeal fee within fourteen days from the date of mailing of the planning commission’s final decision.
2. The notice of appeal shall specify the claimed error(s) and issue(s) which the city council is asked to consider on appeal and shall specifically state all grounds for such appeal. Issues or grounds of appeal which are not so identified need not be considered by the city council.
B. Appeal Procedures.
1. The planning department shall notify the parties of record within ten days that an appeal has been filed and that copies of the notice of appeal and any written argument or memorandum of authorities accompanying the notice of appeal may be obtained from the planning department. The notice to parties shall also state that parties of record wishing to respond to the appeal may submit written argument or memorandum to the planning department within fourteen days from the date that the notice is mailed and shall further specify that such written argument or memorandum shall not include the presentation of new evidence and shall be based only upon the facts presented to the planning commission. A copy of the notice shall be sent to the appellant.
2. The appellant or any party of record may submit a written argument or memorandum of authority within fourteen days of the date of mailing of the notice to parties. Such written argument or memorandum of authorities shall be filed with the planning department. No written argument or memorandum of authorities may be thereafter submitted except as follows. The appellant or parties of record may request, in writing, and the department may, at its discretion and for cause, grant, without prior notice to other parties of record, a fifteen-day extension of time within which written argument or memoranda must be submitted; provided, that the request for extension is made no later than the last date the memoranda would otherwise be due. The legislative body may grant further extensions on a finding by the legislative body of the existence of extenuating circumstances which warrant such extensions. Notice of an extension shall be given to all parties of record. Memoranda, written argument or comments shall not include the presentation of any new evidence and shall be based only on the facts presented to the planning commission.
3. When a timely appeal has been filed and the deadline for receipt of written memoranda has passed, the planning department shall within five days deliver to the city clerk/treasurer a copy of the appeal application, the planning commission’s decision, findings of fact, the evidence presented to the planning commission, a copy of the planning commission’s minutes, and any written argument or memorandum of authority which have been received. (Ord. 1055 §3(part), 1998)
16.15.150 Legislative body action on appeals.
A. General. When the record and the planning commission decision has been transmitted to the city clerk/treasurer, the clerk/treasurer shall schedule a date for a public meeting by the city council at which time the city council shall consider the appeal. The date of the public meeting should not be later than thirty days following the date the city clerk/treasurer receives the information.
B. Public Hearing on Appeals. The clerk of the city council shall mail written notice to all parties of record to apprise them of the hearing date and place in the newspaper of record a public notice of the public hearing at least ten days before the legislative body.
C. Site Views. The city council may view the site.
D. Scope of Review. City council review of the facts shall be limited to evidence presented to the planning commission. The city council may request additional information or memoranda in order to reach a decision, provided that all parties of record are given an opportunity to respond to the material provided.
E. Action on Appeal. The city council may adopt, amend and adopt, reject, reverse, amend and reverse the findings, conclusions, and decision of the planning commission or remand the matter for further consideration to the planning commission. If the city council renders a decision different from the decision of the planning commission, the city council shall adopt amended findings and conclusions accordingly. (Ord. 1055 §3(part), 1998)
16.15.160 Appeal of decisions made by the city council.
The action of the city council on an appeal of the decision of the planning commission shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. The appellant shall provide and pay for in advance the cost of preparing any verbatim transcript of proceedings required for judicial appeal. With the consent of the superior court, the parties may agree to provide a verbatim audio record of proceedings for purposes of review by the superior court. (Ord. 1055 §3(part), 1998)
16.15.170 Effect of appeal.
Filing of an appeal stays all action on recording of the short subdivision. (Ord. 1055 §3(part), 1998)
16.15.180 Actions not appealable.
A. Generally. Only final actions or decisions of a reviewing body or other official may be appealed under this chapter.
B. Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action. (Ord. 1055 §3(part), 1998)
16.15.190 Approval of short subdivisions--Filing.
Each short plat approved by the administrator shall be filed for record in the office of the Yakima County auditor, and shall not be deemed “approved” until so filed. The subdivider shall be responsible for payment of all filing fees. A copy of the recorded short plat shall be submitted to the administrator within fifteen days after recording to verify recording of the short plat and close the file. (Ord. 1055 §3(part), 1998)
16.15.200 Resubdivision restricted.
The short subdivision may not be further divided in any manner within a period of five years from the date of recording of the short plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five-year period to create up to a total of four lots within the original short subdivision boundaries. (Ord. 1055 §3(part), 1998)
16.15.210 Short plat amendment.
An approved and recorded short plat may be amended in whole or in part in accordance with the following provisions:
A. The amended short plat must comply with procedures and requirements of this chapter for original short plat approval.
B. The title of the amended 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; shall show all deleted original lot lines as dashed lines; and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number of lots included in the original short plat unless the original short plat had created fewer than the maximum allowable number of lots. Where fewer than the maximum number of allowable lots were created, an amended short plat may increase the number of lots up to the maximum number allowable.
E. Minor errors not involving a change in lot lines may be corrected by the surveyor upon approval of the administrator by the recording of an affidavit with the Yakima County auditor which specifically references the affected short plat by number and sets forth the correction. (Ord. 1055 §3(part), 1998)