Chapter 17.12
PRELIMINARY PLAT*
Sections:
17.12.010 Applicability and interpretation.
17.12.040 Validity and extensions.
17.12.045 Extensions – Phased development.
*Prior history: Ords. 324, 436, 576, 701, 1118 and 1179.
17.12.010 Applicability and interpretation.
(1) The provisions of this chapter shall apply to the division of land.
(2) Exemptions. Any action listed under RCW 58.17.040 shall be exempt from the provisions of this title. In addition, the following shall also be exempt:
(a) Divisions of land which are the result of the actions of governmental agencies, such as condemnation for road construction purposes;
(b) Divisions of land made by court order; provided, the divisions shall comply with all other provisions of the WMC, including minimum lot size.
(3) Application and interpretation of any provision of this chapter shall be the responsibility of the director. The director may modify or waive certain requirements of this chapter when such amendments are necessary or appropriate in light of physical property specific conditions, such as severe topography, the nature of existing construction or the existence of existing environmental features. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1520 § 1, 2005; Ord. 1421, 2001; Ord. 1233 § 1 (Exh. A), 1997)
17.12.015 Enforcement.
(1) No person, firm or corporation, or any agent of these, shall transfer, sell, lease or offer for transfer, sale or lease until a final plat has been approved and filed with the county auditor.
(2) When any person divides, or attempts to divide, land subject to the provisions of this chapter, without having secured approval or, prior to the filing of the final plat with the county auditor, the city attorney shall commence an action to enjoin further violations, or attempted violations, and to compel compliance with this chapter. The cost of such action shall be taxed against the person, firm or corporation transferring, selling or leasing the land.
(3) Any person, firm or corporation, or agent of any of these, who knowingly certifies that a proposed subdivision or short subdivision is not intended for residential, commercial or industrial purposes and/or misrepresents the stated purpose of the subdivision or short subdivision (see WMC 17.44.030), is guilty of a gross misdemeanor.
(4) No development permit (such as a building permit) shall be issued for any lot divided in violation of this chapter.
(5) Any person, firm or corporation, or any agent of these who violates this chapter or Chapter 58.17 RCW relating to the sale, offer for sale, lease or transfer of any lot within a subdivision or short subdivision is guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot in violation of any provision of this chapter is a separate and distinct offense.
(6) Whenever any land within any subdivision or short subdivision granted final approval is used in a manner or for a purpose which violates any provisions of this chapter or any term or condition of approval, then the city may commence an action to restrain and enjoin such use and compel compliance with the provisions of this chapter or with such terms or conditions of approval. The costs of such action, including reasonable attorney’s fees, may be taxed against the violator.
(7) Any person found to be violating this chapter, or violating any other portion of WMC Titles 15, 16, 17, 18 or the adopted engineering standards during construction within a plat approved pursuant to this chapter, shall take immediate corrective action upon notice by the city. If no corrective action is taken, such person may be subject to a fine of up to $1,000 per day, per violation. (Ord. 1520 § 1, 2005; Ord. 1421, 2001; Ord. 1233 § 1 (Exh. A), 1997)
17.12.020 Short subdivisions.
The following sets forth the procedures, submittal requirements and criteria by which preliminary short subdivisions are reviewed:
(1) Procedures. Preliminary short subdivisions shall be a Type II application, processed administratively in accordance with the provisions of WMC 18.94.060.
(2) Submittal Requirements. The following information shall be submitted by the applicant for all preliminary short subdivision applications:
(a) Completed application form, signed by the owner(s) of record, or their designee. If signed by a designee, a letter of authorization, signed by the property owner, shall accompany the application;
(b) One copy of the preapplication conference summary, and a description of information submitted in response to any issues, comments and concerns in the summary;
(c) Eight copies of the preliminary plat – drawn to a minimum scale of one inch equals 200 feet on a sheet no larger than 24 inches by 36 inches (one copy is acceptable of eight and one-half by 11 inches if to scale), including the following details:
(i) Short subdivision name (if any),
(ii) The name, mailing address, and telephone number of the owner(s), and the person authorized to represent the owner(s) for the purposes of the application and approval,
(iii) The number assigned to each lot,
(iv) The location and size of all existing buildings, rights-of-way, easements, wells, watercourses, high and low watermarks, railroad lines, municipal boundaries, section lines, township lines, and other important features relevant to the land proposed to be divided,
(v) The lot sizes in acreage or square feet, whichever is more appropriate, and the number of lots and acreage within the short subdivision,
(vi) The dimension of each lot line to be created,
(vii) Map scale and north indication (whenever possible, north shall point to the top of the page), and
(viii) Any required public dedication.
Full size plans (larger than eight and one-half inches by 11 inches) shall be submitted folded and collated so as to approximate an eight-and-one-half-inch by 11-inch sheet;
(d) One copy of proof of ownership or authority to act on behalf of owner;
(e) Two copies of a conceptual stormwater plan, prepared in accordance with the provision of the Washougal Engineering Standards;
(f) Two copies of a traffic study prepared by a Washington State licensed traffic engineer, if required;
(g) Indication of public potable water supply and sewage disposal system;
(h) Completed SEPA environmental checklist, if required;
(i) The current list of names and addresses of all property owners within 500 feet of the perimeter of the subject property and all contiguous property under the same ownership, as shown upon the Clark County assessor’s records. The list shall be dated and certified as being a complete list of adjacent owners by the assessor’s office, surveyor or title company;
(j) The mailing list typed on self-adhesive mailing labels (include owner, applicant and contact person). A list is considered current if the certification date is within 30 days of the application;
(k) Existing and proposed conditions, covenants and restrictions and easements that apply to the property, if any;
(l) Provide a written narrative describing the proposal and addressing all of the applicable criteria from WMC Titles 15, 16, 17 and 18, engineering standards, and the city of Washougal vision statements;
(m) One copy of contour map with the site identified. Engineered contours on the preliminary plat map will be accepted if signed by a licensed engineer or surveyor;
(n) One full size copy of the assessor’s quarter section map(s) with the site identified and all other property owned by the applicant within 1,000 feet of the proposed land division;
(o) One copy of a road or vicinity map with the site clearly identified;
(p) One copy of the U.S. Soil Conservation Service Soil Survey with the site identified, or other more site-specific information;
(q) A map showing the existing zoning of all adjacent properties. This may be written on the assessor’s quarter section map;
(r) A tree plan indicating the existing trees and vegetation – those that are proposed to be removed for infrastructure or building envelopes, and those that will remain;
(s) An application fee as identified in WMC 3.90.010;
(t) A grading plan – if the project includes any one of the following:
(i) Excavation or placement of over 50 cubic yards of material on a parcel of land, or
(ii) Activity within a critical area, or
(iii) Excavation more than five feet below finished grade for basements and footings of a building, retaining wall or other structure (construction of roadways and drainage systems that have been approved by the public works director are exempt), or
(iv) Determined necessary by the public works director.
(3) Criteria. The community development director shall make findings of fact that all of the following criteria are met prior to approving any preliminary short subdivision request. It shall be the burden of the applicant to demonstrate that these criteria are met:
(a) The preliminary plat is in the public interest;
(b) That appropriate provisions will be made by the plat for public and private streets and roads; open spaces, parks and recreation; sanitary waste collection and treatment; fire prevention services; potable water supply; drainage/stormwater control; access to mass transit where there is or will be such transit; schools and educational services (if residential); pedestrian access/amenities, particularly for students who walk to and from school;
(c) The proposal complies with all applicable standards in WMC Titles 15, 16, 17 and 18, city’s vision statements adopted by Resolution 705, and the city’s adopted engineering standards;
(d) That the proposed division is consistent with and implements the provisions of the city’s 20-year comprehensive plan. (Ord. 1659 § 1 (Exh. A), 2010; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1520 § 1, 2005; Ord. 1421, 2001; Ord. 1245 § 1, 1997; Ord. 1233 § 1 (Exh. A), 1997)
17.12.030 Subdivisions.
The following sets forth the procedures, submittal requirements and criteria by which preliminary subdivision plats are reviewed:
(1) Procedures. Preliminary subdivision plats shall be a Type III application, processed in accordance with the provisions of WMC 18.94.060.
(2) Standard Submittal Requirements. The following information shall be submitted by the applicant for all preliminary subdivision applications:
(a) Completed application form, signed by the owner(s) of record, or their designee. If signed by a designee, a letter of authorization, signed by the property owner, shall accompany the application;
(b) One copy of the preapplication conference summary, if completed, and a description of information submitted in response to any issues, comments, and concerns in the summary;
(c) Eight copies of the preliminary subdivision plans drawn to a minimum scale of one inch equals 200 feet on a sheet no larger than 24 inches by 36 inches (one copy is acceptable of eight inches by 11 inches if to scale), including the following details:
(i) Proposed name of the subdivision. This name must not duplicate nor resemble the name of another subdivision in the city and shall be approved by the planning commission,
(ii) Date, north point and scale of drawing,
(iii) Appropriate identification clearly stating the map is a preliminary plat,
(iv) Location of the subdivision by sections, township and range and legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the real estate records of the county assessor,
(v) Names and addresses of the owner or owners, subdivider, engineer or surveyor, and land planner or landscape architect,
(vi) The location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract; railroad right-of-way or other important features, such as section lines or corners, city boundary lines and monuments,
(vii) Contour lines having the following minimum intervals:
(A) One-foot contour intervals for ground slopes less than five percent,
(B) Two-foot contour intervals for ground slopes from five to 10 percent,
(C) Five-foot contour intervals for ground slopes exceeding 10 percent,
(viii) Location and direction of all watercourses,
(ix) Natural features, such as rock outcroppings, marshes, wooded areas and isolated preservable trees,
(x) Existing uses of the property, including location of all existing structures on the property and indication if they are to remain after platting,
(xi) Proposed streets and their location, widths, names, approximate radii of curves, and relationship to any projected streets as shown in the comprehensive plan,
(xii) Easements. Location on the site or abutting property, showing the width and purpose of all existing and proposed easements,
(xiii) Lots. Approximate dimensions of all lots, minimum lot size, proposed lot and block numbers;
(d) Eight separate sheets showing approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants. Full size plan sets (24 inches by 36 inches or larger) shall be submitted folded and collated so as to approximate an eight-and-one-half-inch by 11-inch sheet;
(e) Proof of ownership (recorded deed for subject property) or authority to act on behalf of owner and the recorded deed for the subject property;
(f) Two copies of a conceptual stormwater plan, prepared in accordance with the provision of the Washougal Engineering Standards;
(g) Street lighting plan. To include acorn style traditional lamp standards designed to direct light to the ground and not the sky;
(h) Two copies of a traffic study prepared by a Washington State current licensed traffic engineer. When a traffic study is required, the study should include an assessment of capacities, trip generation, traffic volume, access and sight distances, connectivity/circulation, and level of service for the proposed use;
(i) Two copies of any other technical reports, delineation, plans, and/or analyses that may be required, as a result of the preapplication conference or the community development director’s determination such as: geotechnical, habitat, hydrology, engineered soil reports, archaeological, grading and drainage plans, revegetation plans, or similar studies, reports, or plans;
(j) Indication of public potable water supply and sewage disposal system;
(k) Completed SEPA environmental checklist, if required;
(l) The current list of names and addresses of all property owners within 500 feet of the perimeter of the subject property and all contiguous property under the same ownership, as shown upon the Clark County assessor’s records. The list shall be dated and certified as being a complete list of adjacent owners by the assessor’s office, surveyor or title company;
(m) The list required by subsection (3)(i) of this section typed on self-adhesive mailing labels (include owner, applicant, and contact person). A list is considered current if the certification date is within 30 days of the application;
(n) Legal description of the boundary of the plat;
(o) Existing and proposed conditions, covenants and restrictions and easements that apply to the property, if any;
(p) Provide a written narrative describing the proposal and addressing all of the applicable criteria from WMC Titles 15, 16, 17 and 18, and the city of Washougal vision statements, adopted by Resolution 705;
(q) One copy of contour map with the site identified. Engineered contours on the preliminary plat map will be accepted if signed by a licensed engineer or surveyor;
(r) One full size copy of the assessor’s quarter section map(s) with the site identified and all other property owned by the applicant within 1,000 feet of the proposed land division;
(s) One copy of a road or vicinity map with the site clearly identified;
(t) One copy of the U.S. Soil Conservation Service Soil Survey with the site identified, or other more site-specific information;
(u) A map showing the existing zoning of all adjacent properties. This may be written on the assessor’s quarter section map;
(v) A grading plan;
(w) A fee as identified in WMC 3.90.010.
(3) Criteria. The hearing examiner shall make findings that all of the following criteria are met prior to recommending approval of any preliminary subdivision request. It shall be the burden of the applicant in demonstrating that these criteria are met:
(a) The preliminary plat is in the public interest;
(b) That appropriate provisions will be made by the plat for public and private streets and roads; open spaces, parks and recreation; sanitary waste collection and treatment; fire prevention services; potable water supply; drainage/stormwater control; access to mass transit where there is or will be such transit; schools and educational services (if residential); pedestrian access/amenities, particularly for students who walk to and from school;
(c) The proposal complies with all applicable standards in WMC Titles 15, 16, 17 and 18, city’s vision statements, adopted by Resolution 705, and the city’s adopted engineering standards;
(d) That the proposed division is consistent with and implements the provisions of the city’s 20-year comprehensive plan. (Ord. 1849 § 1 (Exh. A), 2018; Ord. 1659 § 1 (Exh. A), 2010; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1520 § 1, 2005; Ord. 1454 § 1, 2003; Ord. 1421, 2001; Ord. 1245 § 1, 1997; Ord. 1233 § 1 (Exh. A), 1997)
17.12.040 Validity and extensions.
(1) Validity. Preliminary plat approvals shall be valid for the time period specified in RCW 58.17.140 following the date of community development director’s decision for short subdivision approval or following the hearing examiner’s decision for subdivision approval.
(2) Two subsequent one-year extensions may be granted if the applicant demonstrates that they have pursued final platting in good faith in the time period since the first extension, and that the regulations which govern the plat have not substantially changed since the preliminary approval. “Good faith” shall mean submittal of engineering plans or survey calculations to the city for review, or similar filing with the city. If regulations have changed since preliminary approval, the director shall impose conditions on the plat to assure that it meets then current regulations. In the case of a subdivision, if such conditions result in a substantial change from the original preliminary plat approval, as determined by the director, the plat shall be returned to hearing examiner for public hearing pursuant to a Type III procedure as prescribed by WMC 18.94.060.
(3) Preliminary approvals which have completed at least 30 percent of the construction of public infrastructure required by the approval prior to expiration of the preliminary plat or any extension thereof shall be deemed vested under the preliminary approval, except that the plat approval shall be constructed forthwith and bonds for improvements obtained, and shall not expire. (Ord. 1740 § 1 (Exh. A), 2013; Ord. 1613 § 1 (Exh. A), 2008; Ord. 1520 § 1, 2005; Ord. 1454 § 1, 2003; Ord. 1421, 2001; Ord. 1233 § 1 (Exh. A), 1997)
17.12.045 Extensions – Phased development.
(1) Those applications specifically approved for phased development may receive an unlimited number of subsequent two-year extensions in accordance with the following:
(a) At least one phase of the development has received final plat approval and has been recorded within five years of preliminary plat approval;
(b) For the current phase, at least 30 percent of the construction of public infrastructure required by the approval has been completed prior to expiration of two subsequent one-year extension approvals of the preliminary plat;
(c) The request for extension has been submitted in writing to the responsible official at least 30 days prior to the five-year deadline, or in the case of a subsequent extension request, at least 30 days prior to the expiration of the approved extension period;
(d) The applicant has demonstrated that there are no significant changes in conditions which would render approval of the application contrary to the public health, safety, or general welfare.
(2) The responsible official shall take one of the following actions upon receipt of a timely extension request:
(a) Approve the extension request if no significant issues are presented under the criteria set forth in this section;
(b) Conditionally approve the application if any significant issues presented are substantially mitigated by minor revisions to the original approval;
(c) Deny the extension request if any significant issues presented cannot be substantially mitigated by minor revisions to the approved plan.
(3) A request for extension approval shall be processed as a Type I application. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1520 § 1, 2005)
17.12.050 Technical review.
The director may cause the plat and all required information to be examined by a licensed civil engineer or surveyor or other technical disciplines such as wetland/habitat biologist, geotechnical engineer or archaeologist to determine that the subdivision is in compliance with these disciplines and that the plat as prepared is technically correct. Such costs shall be borne by the applicant. (Ord. 1613 § 1 (Exh. A), 2008; Ord. 1520 § 1, 2005; Ord. 1421, 2001)