Chapter 16.20 SUBDIVISIONS

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 title applicable to such division of land and enforced under Chapter 16.40 of this title. (Ord. 1055 §3(part), 1998)

16.20.020 Scope.

The subdivision process shall be used to create a division of property into five or more lots. (Ord. 1055 §3(part), 1998)

16.20.030 Administration.

A. The city planning department, referred to in this title as the “administrator,” is vested with the duty of administering the subdivision provisions of this title. The city council shall make all final decisions on all preliminary subdivision and subdivision provisions of this title after receiving recommendations from the planning commission.

B. The administrator may prepare and require the use of such forms as are deemed necessary to administer this title. (Ord. 1055 §3(part), 1998)

16.20.040 Simultaneous review.

Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, the State Environmental Policy Act (SEPA), and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. (Ord. 1055 §3(part), 1998)

16.20.050 Pre-application procedure.

Any applicant for a subdivision shall first prepare a pre-application drawing of the proposed subdivision showing the proposed layout of the lots, streets, and utilities. The administrator shall then schedule a meeting with the subdivider and the design services team (“DST”) to review the proposal. Based upon information acquired during this meeting, the subdivider may then prepare a preliminary plat and submit an application for the proposed subdivision. (Ord. 1055 §3(part), 1998)

16.20.060 Application for a subdivision--Requirements.

A. An application for 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 subdivision is sought for a governmental purpose and such application shall be filed with the planning department.

B. Each application for a subdivision shall include the following:

1. A written application on a form provided by the planning department and signed by the landowner, owners, or authorized agent;

2. A land title report if obtained and verifiable within four months of the subdivision application, or a subdivision guarantee;

3. Ten copies of the preliminary plat of the property at no less than eighteen inches by twenty-four inches in size;

4. Ten copies of the preliminary plat of the property at a reduced size of eight and one-half inches by eleven inches for distribution with notices of public hearing and/or SEPA checklist;

5. A nonrefundable application fee according to the current fee schedule as adopted by city council;

6. A completed environmental checklist pursuant to the provisions of the State Environmental Policy Act (SEPA), Chapter 197-11 WAC, together with a nonrefundable processing fee according to the current fee schedule as adopted by city council. The public hearing will not be set until after the SEPA checklist notice mailing and public review period is over to reduce duplication and increase timeliness of proposal for the subdivision application, where applicable;

7. Written findings establishing adequacy of the proposal in reference to appropriate provisions for:

a. Streets or roads, sidewalks, alleys, other public ways, transit stops, and other features that assure safe walking conditions for students.

b. Potable water supplies, sanitary wastes, and drainage ways (stormwater retention and detention).

c. Open spaces, parks and recreation, and playgrounds.

d. Sites for schools and school grounds. (Ord. 1226 §2, 2010: Ord. 1055 §3(part), 1998)

16.20.070 Preliminary plat preparation.

A preliminary plat shall consist of a mylar, as defined in the title, and shall additionally contain the following:

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

B. Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County;

C. Accurate and complete legal description of the proposed subdivision;

D. Scale, north arrow, and date;

E. Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets;

F. Location and size of water and sewer lines; utilities and utility easements; and drainage system existing and proposed to serve the lots within the proposed subdivision and their point of connection with existing services. The administrator may require that location of proposed improvements be submitted on a separate sheet(s);

G. Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land;

H. 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, purpose, and nature;

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

J. A list of property owners and their mailing address within three hundred feet of proposed short plat as shown on the records of the Yakima County assessor at the time of application;

K. Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. (Ord. 1055 §3(part), 1998)

16.20.080 Determination of complete application.

Upon receiving an application for a subdivision, the administrator shall have twenty-one days to determine if the application is complete. Incomplete applications will be returned so that deficiencies may be corrected. All resubmissions will be evaluated to determine if a complete application has or has not been re-submitted. (Ord. 1055 §3(part), 1998)

16.20.090 Hearing date established.

Upon determining that a completed application for a subdivision has been received, 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 meeting dates; however, the public hearing date shall not be set more than fifty days from the date that an application has been deemed as complete. (Ord. 1055 §3(part), 1998)

16.20.100 Notice of public hearing.

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

1. By publication of at least one notice not less than ten calendar days prior to the hearing in the newspaper of record for general circulation within the area where the real property to be subdivided is located;

2. By notice given at least ten calendar days prior to the date of the hearing by mailing such notice to the owners of all properties within three hundred feet of the exterior boundaries of the proposed subdivision, as such owners are shown on the records of the Yakima County assessor at the time of application. 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. Each public notice required by this section shall include the date, hour, and location of the public hearing; a legal description or vicinity map of the proposed subdivision; and a location description in nonlegal language. (Ord. 1055 §3(part), 1998)

16.20.110 Notice to affected agencies and departments.

Upon the filing of an application for a subdivision with the planning department, the administrator shall supply notice of the date, hour, and location of the public hearing, together with a copy of the preliminary plat to the following agencies and departments if appropriate:

A. City director of public works;

B. City office of code enforcement;

C. City engineer;

D. Yakima County Clean Air Authority;

E. Appropriate irrigation district or company, if applicable;

F. City fire department;

G. City police department;

H. Wapato school district;

I. Local office of the Washington State Department of Ecology;

J. Local office of the United States Soil Conservation Service;

K. The office of any electrical distribution company servicing the area;

L. The office of any telephone company servicing the area;

M. The office of any natural gas company servicing the area. (Ord. 1055 §3(part), 1998)

16.20.120 Review by planning commission--Recommendation required.

A. The planning commission shall review the proposed subdivision after the public hearing and determine whether or not the following standards are satisfied by the proposed subdivision:

1. Consistency with the provisions of the urban area zoning ordinance;

2. Consistency with city of Wapato’s comprehensive plan;

3. Consistency with the provisions of this title;

4. Appropriate provisions for:

a. Public health, safety, and welfare;

b. Open spaces;

c. Drainage systems;

d. Streets, sidewalks, alleys, and other public ways, transit stops, and other features that assure safe walking conditions for students;

e. Water supplies;

f. Sanitary waste disposal;

g. Parks and playgrounds;

h. Sites for schools and school grounds.

5. Based upon subsections (A)(1) through (4) of this section, a finding that the public use and interest of the community will be served by the approval of this subdivision.

B. The planning commission may require changes to the preliminary plat before continuing with Section 16.20.130.

The planning commission shall direct the subdivider to submit a revised mylar of the preliminary plat with any recommended changes. The administrator will verify that preliminary plat has been revised before proceeding with Section 16.20.130.

If this subsection B is executed by the planning commission, the time period of subsection C of this section will be suspended until resubmittal of the revised preliminary plat is approved by the administrator.

C. The planning commission shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city clerk/treasurer no later than thirty-two days following the hearing. (Ord. 1226 §3, 2010: Ord. 1055 §3(part), 1998)

16.20.130 Preliminary plat--Council determination at public meeting--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 at its next public meeting set the date for a public hearing.

B. After the public hearing is concluded, the city council shall review all preliminary plats based upon the record, including the public hearing, all materials received in evidence at any previous stage of the review, minutes of the prior hearing(s), and the planning commission’s recommendation. The council may affirm the decision of the planning commission, remand the matter back to the planning commission with appropriate directions, or may reverse or modify the planning commission’s recommendation. If the council affirms the planning commission’s recommendation, it may adopt the findings of the planning commission and adopt the recommendation of the planning commission and approve or disapprove the preliminary plat.

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

D. Each preliminary plat of a proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within sixty calendar days from the date that an application has been forwarded to the city council, unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in Section 43.21C.030 of the Revised Code of Washington, the sixty-day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 1055 §3(part), 1998)

16.20.140 Preliminary plat--Factors to be considered by city council--Findings--Conditions of approval.

A. The city council shall review the proposed subdivision and the recommendations and findings of the planning commission. If the council determines that standards of Section 16.20.130 of this title are satisfied, then it shall approve the preliminary plat. If the council determines that the standards of Section 16.20.130 of this title have not been satisfied, then it shall adopt its own recommendations or disapprove the preliminary plat.

B. The council shall, in making its determination pursuant to subsection A of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the council covering any land situated in a flood control zone as provided in Chapter 86.16 of the Revised Code of Washington without the prior written approval of the Washington State Department of Ecology.

C. The council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, the council may require a waiver of the right of direct access to any street from any property.

D. The council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 1055 §3(part), 1998)

16.20.150 Preliminary plat--Allowance of bond in lieu of actual improvements prior to approval of final plat.

A. As an alternative to construction of required improvements prior to final plat approval, the subdivider may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements.

B. The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements.

C. An application for use of a surety bond or other 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 city engineer and the city attorney who shall notify the subdivider of tentative approval or tentative approval or rejection of the application within twenty days after its filing.

D. After tentative approval of an application has been given by the city engineer and the city attorney as provided in subsection C of this section, the subdivider shall submit the bond or other method of security to the administrator for final review and approval. Subdivider is still responsible for Section 16.20.220 of this title. (Ord. 1055 §3(part), 1998)

16.20.160 Preliminary plat--Creation of local improvement district in lieu of actual improvements prior to approval of final plat.

In lieu of the actual installation or construction of required improvements prior to approval of the final plat, the city council may authorize the creation of a local improvement district pursuant to a request therefor made by its owner, the creation of which district, and the lapse of the time period for protests against the creation thereof, shall be deemed by the city to be sufficient assurance that improvements will be installed. (Ord. 1055 §3(part), 1998)

16.20.170 Maintenance bond.

A. The subdivider shall file with the administrator or propose some other method of security providing for and securing to the city the successful operation of required improvements for one year, and assuring the correction or repair of any defects in workmanship or material appearing within that one year period.

B. The amount and conditions of the maintenance bond or other method of security shall be subject to tentative approval by the city engineer and city attorney. (Ord. 1055 §3(part), 1998)

16.20.180 Preliminary plat--Expiration of approval--Extension--Conditions.

A. Approval of preliminary plats of proposed subdivisions shall expire two years from the date of city council approval thereof. The council shall, upon written application of the subdivider at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the two-year period.

B. The city council in making its determination as to whether to grant an extension of time shall consider the past diligence and future plans of the subdivider, as well as the recommendation made by the planning commission.

C. Any extension of time 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. (Ord. 1055 §3(part), 1998)

16.20.190 Final plat--Submission for approval required--Copies.

A. A final plat of a proposed subdivision may be submitted by the subdivider for approval by the city council by filing the proposed final plat application with the planning department within two years from the date of approval of the preliminary plat or within the time prescribed by any extension granted by the city council.

B. Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 1055 §3(part), 1998)

16.20.200 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.

B. The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (RCW 58.09) 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. Permanent survey monuments shall be placed at all lot corners and street intersections. (Ord. 1055 §3(part), 1998)

16.20.210 Final plat--Conformance with preliminary plat approval.

Each final plat submitted for approval shall be in conformance with the conditions of preliminary plat approval. Minor deviations may be permitted by the city council because of unforeseen technical or engineering problems. (Ord. 1055 §3(part), 1998)

16.20.220 Final plat--Requirements.

Each final plat submitted for approval shall be drawn at a scale of one inch equals one hundred feet or larger; shall be eighteen inches by twenty-four inches in size; and shall contain the following information on the face of the plat or on additional sheets if approved by the administrator:

A. Date, title, north arrow and scale;

B. Name of the subdivision;

C. Accurate and complete legal description of the subdivision on the face of the final plat;

D. A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections;

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 deflection angles, and radii, arcs, and central angles of all curves;

F. On a separate sheet(s) the location of existing and new as-built utilities including but not limited to sewer, water, phone, electricity, natural gas, and cable or other infrastructure. In the use of bonds under Section 16.20.150, Allowance of Bonds in Lieu of Construction, an as-built map of utility improvements must be submitted before the release of construction bonds;

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

H. Reference to any recorded subdivision or short subdivision adjoining the subdivision;

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

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

K. Number to identify each lot and block;

L. Addresses for each lot within the plat;

M. Purpose for which sites, other than residential lots, are dedicated or reserved;

N. 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 and subdivision of Section Township

Range that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat.

(Surveyor’s Signature and Seal)

0. 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;

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

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

R. The signature of the city engineer or other licensed engineer acting on behalf of the city. Signature by the city engineer shall certify that the subdivider has either:

1. Completed all improvements in accordance with these regulations and with the action of the city council, or

2. Submitted a bond or other method of security in accordance with the provisions of Section 16.20.150 of this title sufficient to assure completion of all required improvements;

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 signature shall evidence the approval of the final plat by the Wapato city council. (Ord. 1055 §3(part), 1998)

16.20.230 Final plat approval.

A. Upon receipt of a proposed final plat, the city council shall at their next public meeting set a date for consideration of the final plat at a public hearing. Notice of the date, time, and location of the public hearing shall be given to the subdivider, parties of record, and published in the newspaper of record at least ten days prior to the date of the public hearing.

B. The city council shall review the final plat during public meeting(s), only after the public hearing, and shall approve the final plat if the council determines that the final plat conforms to the conditions of preliminary plat approval, applicable state laws, and that the final plat meets the requirements of this title as it existed at the time of preliminary plat approval.

C. Upon receiving approval for the final plat from the city council the mayor shall sign the final plat as evidence of city council approval. (Ord. 1055 §3(part), 1998)

16.20.240 Final plat recording.

All final plats approved by the city council shall be filed for record within ninety days by the subdivider in the Yakima County auditor’s office. The subdivider shall be responsible for all filing fees. Any final plat filed for record containing a dedication shall be accompanied by a current title report. (Ord. 1055 §3(part), 1998)

16.20.250 Final plat--Alterations.

A. The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of Section 58.17.215 Revised Code of Washington (1996).

B. All petitions for plat alterations or vacations shall be submitted on forms provided by the planning department.

C. A nonrefundable application fee established in this title shall be submitted to the city clerk/treasurer with an application for plat alteration. (Ord. 1055 §3 (part), 1998)

16.20.260 Requirements for a plat alteration application.

A. Application Contents. An applicant for a plat alteration shall submit the following:

1. Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;

2. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration 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 alteration of the subdivision or portion thereof.

3. A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 1055 §3 (part), 1998)

16.20.270 Criteria for approval of a plat alteration.

A. Approval. The city council shall render the final decision.

B. Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. 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.

C. Revised Plat. After approval of the alteration the final amended plat will be prepared in accordance with the city council’s decision, after which, it shall be filed with the county auditor within ninety days to become the lawful plat of the property. (Ord. 1055 §3(part), 1998)

16.20.280 Final plat--Vacations.

A. The vacation of any land within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of Chapter 35.79 Revised Code of Washington (1996).

B. All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the planning commission and a recommendation made thereon to the city council prior to council action.

C. The abutting property owners of any street, or alley, or other public way to be vacated shall compensate the city for vacated public right-of-way in accordance with the current city council policy on said compensation. (Ord. 1055 §3(part), 1998)

16.20.290 Requirements for a complete plat vacation application.

A. Application Contents. An applicant for a plat vacation shall submit the following:

1. The reasons for the proposed vacation;

2. Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

3. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the 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 subdivision or portion thereof;

4. A copy of the approved plat sought to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 1055 §3(part), 1998)

16.20.300 Criteria for approval of a plat vacation.

A. Approval. The city council shall render the final decision on plat vacations.

B. Criteria for Approval. The plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the vacation of the subdivision by the planning commission. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the city, shall be deeded to the city unless the city planning commission sets forth findings that the public use would not be served in retaining title to those lands.

C. Vacation of Streets. When the vacation application is specifically for a city street vacation, the city’s street vacation procedures shall be utilized. When the application is for the vacation of a plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under Chapter 35.70 RCW or the city’s street vacation ordinance.

D. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 1055 §3(part), 1998)