Chapter 11.16 MAJOR SUBDIVISIONS

Every subdivision of land into 10 or more parcels or lots, as defined herein, shall proceed in compliance with this chapter. Land divided as a short subdivision, the short plat of which has been approved within five years, immediately preceding, shall be subdivided pursuant to this chapter, except as provided in WCC 11.12.140. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 400, 1994)

11.16.020 Administrator’s duties.

Repealed by Ord. 2010-24. (Ord. 3080 § 402, 1994)

11.16.030 Preliminary consultation.

Prior to the filing of a preliminary plat, the subdivider shall submit to the administrator plans and other information sufficient to describe essential features of the property and the proposed or contemplated uses and development for the purposes of scheduling a formal preapplication meeting in accordance with WCC 13.07.020. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 404, 1994)

Article II. Preliminary Plats

11.16.040 Complete application designated.

In addition to the information and materials listed under WCC 13.07.050, a complete application for the purposes of this chapter shall consist of all the material required by WCC 11.16.050, 11.16.060, 11.16.170, 11.16.200 and 11.16.210, any analysis required by Chapter 12.08 WCC, and all environmental documents required by Chapter 12.04 WCC. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.105, 1994)

11.16.050 Application required – Fees.

Any person desiring to subdivide land in the city shall submit an application for subdivision approval to the administrator on forms as required by the administrator. The application shall be accompanied by a filing fee in an amount as required by Chapter 1.99 WMC, Fee Schedules, no part of which is returnable. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 98-9 § 6; Ord. 3155 § 2, 1995; Ord. 3080 § 406.110, 1994)

11.16.060 Plats required.

A subdivider shall submit with his application five paper copies and one electronic copy of a preliminary plat showing perimeter survey. Preliminary plans shall be drawn upon an 18-by-24-inch sheet acceptable to the city engineer. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.120, 1994)

11.16.070 Adequacy and distribution of plats.

Repealed by Ord. 2010-24. (Ord. 3080 § 406.130, 1994)

11.16.080 Recommendations of other agencies.

Each of the departments, districts, public officials, utility companies or other public agencies shall have 14 days after the application materials have been received in their respective offices within which to forward to the administrator written reports of its findings and recommendations thereon. Any agency or person issuing a recommendation for subsequent approval of a preliminary plat shall not modify the terms of this recommendation without the consent of the applicant. Failure to report in writing within 14 days after transmittal of the preliminary plat shall be interpreted to indicate that the proposed subdivision will not adversely affect the matters of concern to or under the jurisdiction of any department official, utility company or any other public agency.

(1) City Engineer. The city engineer shall submit a report on:

(a) The improvements required under provisions of this title;

(b) Adequacy of water supply for domestic purposes;

(d) Any easements required;

(e) The effect of the proposed subdivision and any proposed grading in connection therewith on drainage in the general area and the adequacy of methods of handling drainage and storm water run-off proposed by the subdivider;

(f) Effects of the proposed subdivision on other public improvements under the jurisdiction of the city engineer;

(g) The accuracy of the technical information submitted (survey data, mathematical data, computations);

(h) Compliance with adopted level of service standards for public utilities and facilities as set forth in the Wenatchee Urban Area Comprehensive Plan.

(2) Health Officer. The health officer shall submit a report on matters related to the proposed subdivision which may affect the public health.

(3) Wenatchee Fire Marshal. The fire marshal or other appropriate fire official shall submit a report on:

(a) The adequacy of access for emergency vehicles;

(b) Location of fire hydrants and adequacy thereof;

(d) Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.

(4) Administrator. The administrator shall submit a report detailing wherein the proposed subdivision does or does not conform with the requirements of this title and with other standards and policies of the city. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 §§ 406.140, 406.142, 406.144, 406.146, 406.148, 1994)

11.16.090 Planning commission hearing – Date.

Repealed by Ord. 2010-24. (Ord. 3080 § 406.150, 1994)

11.16.100 Application and hearing – Notice.

The administrator shall give notice of application in accordance with WCC 13.07.080. The administrator shall give notice of a public hearing before the hearing examiner in accordance with WCC 13.07.090; additionally, the hearing notice shall be provided to:

(1) The board of Chelan County commissioners, if the proposed subdivision adjoins the boundaries of Chelan County; and

(2) The State Department of Transportation or its successor, if the proposed subdivision is adjacent to the right-of-way to any state highway. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3179 § 2, 1996; Ord. 3155 § 3, 1995; Ord. 3080 § 406.160, 1994)

11.16.110 Application review criteria.

The hearing examiner shall determine if the proposed subdivision conforms to the general purposes of the comprehensive plan and applicable provisions of the Wenatchee City Code, and whether the proposal included appropriate provisions for drainage, roads, alleys, and other public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites and grounds, and other public and private facilities and improvements which comply with adopted level of service standards as established in the Wenatchee Urban Area Comprehensive Plan concurrently with the demand for such facilities and services. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.200, 1994)

11.16.120 Commission action.

Repealed by Ord. 2010-24. (Ord. 3179 § 3, 1996; Ord. 3080 § 406.300, 1994)

11.16.130 Records.

Repealed by Ord. 2010-24. (Ord. 3080 § 406.310, 1994)

11.16.140 Limitation on approval.

The approval given to a preliminary plat shall expire pursuant to RCW 58.17.140 unless, within the allowed time frame, a proposed final plat in proper form is filed with the administrator. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3155 § 4, 1995; Ord. 3080 § 406.400, 1994)

11.16.150 Expiration.

Repealed by Ord. 2010-24. (Ord. 3080 § 406.410, 1994)

11.16.160 Dedications – Required.

No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements for any purpose including water, sewer, or other utilities, fire, police, access control, and other public safety facilities, parks, playgrounds, sites for schools, school grounds, and other general purposes as may be required to protect the public health, safety and welfare. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.500, 1994)

11.16.170 Dedications – Shown on plat.

All dedications of land shall be clearly indicated on the face of the plat. If a plat is subject to a dedication, a certificate or separate instrument shall contain the dedication of all streets and other areas to the public and individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat and a waiver of all claims for damages against any government authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and recorded as a part of the final plat. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.510, 1994)

11.16.180 Protective improvements.

If the hearing examiner, upon recommendation of city staff, concludes that the public interest will be served thereby, the hearing examiner may, in lieu of requiring a dedication of land in a subdivision for protective improvements, drainage ways, alleys, sidewalks, parks, playgrounds, recreational, fire, water, sewer and other utility facilities, community or other general purposes, allow said land to be conveyed to a homeowners’ association or similar nonprofit maintenance corporation; provided, that sufficient guarantees are included to absolve the city from responsibilities thereof if the hearing examiner so requires. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.520, 1994)

11.16.190 Exemption – Corporate membership and responsibilities and conditions.

A subdivider who wishes to make a conveyance as permitted by WCC 11.16.180 shall, prior to the time of filing a final plat for approval, supply the subdivision administrator with copies of the grantee organization’s articles of incorporation and bylaws, and with evidence of the conveyance or the binding commitment to convey. The articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the subdivision, that the corporation is empowered to assess the said land for costs of construction and maintenance of the improvements and property owned by the corporation, and that such assessments shall be a lien upon the land. The hearing examiner may impose such other conditions as it deems appropriate to assure the property and improvements owned by the corporation will be adequately constructed and maintained. All documents submitted under this section shall be as approved by the city attorney. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.540, 1994)

11.16.200 Survey, plat preparation.

The survey of every proposed subdivision and the preparation of preliminary and final plats thereof shall be made by or under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All survey work shall conform to standard practices and principles for land surveying. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.600, 1994)

11.16.210 Standard format.

Every preliminary plat shall consist of one or more maps, the horizontal scale of which shall be 100 or less feet to the inch, together with written data in such form that when the maps and written data are considered together, they shall fully and clearly disclose the following information:

(1) The name of the proposed subdivision. Said subdivision name shall not duplicate or nearly duplicate the name of any other subdivision in the city unless the proposed subdivision is an addition to an existing subdivision;

(2) The legal description of land contained within the subdivision;

(3) The names, addresses, and telephone numbers of all persons, firms, and corporations holding interests in the said land;

(4) The name, address, telephone number, professional license number and seal of the registered land surveyor who made, or under whose supervision the survey of the proposed subdivision was made;

(5) The date of said survey;

(6) Boundary lines of the proposed subdivision and, if required by the city engineer, a map showing the section breakdown will be submitted showing bearings and distances surrounding the proposed subdivision;

(7) All existing monuments and markers found and set;

(8) All blocks and lots within the proposed subdivision, together with the numbers and letters proposed to be assigned each lot and block. Such lot and block numbers shall consist of consecutive numbers beginning with number “1.” Parcels to be dedicated to the public may be shown by letter designation;

(9) The total number of lots;

(10) The location, names, width of all existing streets, roads, and easements within the proposed subdivision and adjacent thereto;

(11) The approximate boundaries of all areas subject to inundation or storm water overflow and the location, width and direction of flow of all watercourses;

(12) The location and, where ascertainable, sites of all existing structures, wells, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over, or under the land proposed to be subdivided;

(13) The smallest, largest, and average lot area in the tract;

(14) A statement of proposed provisions for water supply and sewage disposal;

(15) Contours at one-foot intervals if required by the city engineer or administrator for zero percent to five percent cross-slope; five-foot intervals for five to 30 percent cross-slope; 10-foot intervals for over 30 percent cross-slope; and slope elevations to determine the general slope of the land and high and low points thereof. Said contours and elevations shall be based upon a datum acceptable to the city engineer;

(16) Scale, date, north arrow, and area in acres of the subdivision;

(17) A layout of proposed roads, alleys, utility mains, easements or parcels proposed to be dedicated or reserved for public or community school, park, playground, or other uses;

(18) A layout of proposed water distribution systems, sewage disposal systems, and drainage systems, including sizes and locations;

(19) A sketch of the general vicinity in which the land proposed for subdivision lies, and upon which are identified owners of land adjacent to the subdivision and the names of any adjacent subdivisions;

(20) Copies of all restrictive covenants proposed to be imposed upon land in the subdivision;

(21) The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the subdivision shall be shown on the preliminary map or on the vicinity map as appropriate;

(22) If it is contemplated that development proceed by dividing the original proposed subdivision into more than one subdivision, the probable boundaries of each such subdivision shall be shown on the preliminary plat;

(23) The approximate location of trees along with their identification;

(24) Landscape plan for reverse frontage lots in accordance with Chapter 10.62 WCC, Landscaping and Screening. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 98-30 § 2; Ord. 3080 § 406.700, 1994)

11.16.220 Subdivision design and minimum requirements.

Every subdivision shall conform with design standards as provided for in Chapters 11.20 and 11.24 WCC. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 406.800, 1994)

Article III. Final Plats

11.16.230 Filing period.

At any time within the statutory period provided in RCW 58.17.140 following city approval of a preliminary plat, the subdivider may cause the subdivision or any part thereof to be surveyed and a final plat map prepared. The original, one electronic copy and five paper copies shall be filed with the administrator. Any failure to record the final plat within the time limit specified in WCC 11.16.140 shall terminate all proceedings. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3155 § 5, 1995; Ord. 3080 § 408.100, 1994)

11.16.240 Review by administrator.

The administrator shall verify:

(1) That the final plat meets all standards established by state law and this title relating to final plats;

(2) That conditions imposed when the preliminary plat was approved have been met;

(3) That the proposed final plat bears the certificates and statements of approval required by this title;

(4) That a title report, from a title insurance company authorized to do business in the state of Washington, confirms that title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat certificate;

(5) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided bonds in a form acceptable to the city attorney, and in an amount and with responsible sureties commensurate with improvements remaining to be done, securing to the city the construction and installation of the improvements within a fixed time set by the city council. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 408.200, 1994)

11.16.250 Final plat approval.

The city council delegates final plat approval authority to the mayor in accordance with RCW 58.17.100.

(1) The subdivision administrator and city engineer shall provide the mayor a recommendation which includes:

(a) A recommendation from the utility purveyor, being Chelan County PUD water department or city water department and city sewer department, as to the adequacy of the means of sewage disposal and water supply;

(b) Review by the subdivision administrator as to the compliance with all terms of the preliminary approval of the proposed subdivision; and

(2) The mayor shall determine:

(a) Whether the requirements of state law, this title and WCC Title 10 have been satisfied by the subdivider;

(b) Whether conditions imposed on the preliminary plat when approved have been met;

(c) Whether the bond, if there be one, by its essential terms, assures completion of improvements within the stipulated time limits;

(d) Whether the public use and interest will be served by approving the proposed final plat;

(e) Whether adequate appropriate provisions are made for, but not limited to, the public health, safety and general welfare for open spaces, drainage ways, streets, alleys, or other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds.

(3) The mayor shall thereupon approve or disapprove the proposed final plat, or remand the submittal back to the applicant with specific instructions for compliance with the preliminary subdivision approval. The mayor may not, as a condition of approval of any plat, require a release from damages to be procured from other property owners. Every decision shall include written findings of fact and conclusions to support the decision. A subdivision shall be governed by the terms of approval of the final plat in the statutes, ordinances and regulations in effect at the time of final approval for the statutory period provided in RCW 58.17.170 after final approval, unless the mayor finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 2018-45 § 2; Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 408.400, 1994)

11.16.260 Submission of additional copies.

Immediately following city council approval and the recording of the final plat, the subdivider shall furnish the administrator with copies of the final plat as follows:

(1) One duplicate tracing (reproducible), 11 by 17 inches;

(2) Two paper prints, each 18 by 24 inches;

(3) An electronic copy provided in a format acceptable to the city engineer.

The administrator shall forward one reproducible copy to the city engineer and one paper copy to the county assessor. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 408.500, 1994)

11.16.270 Surveys.

(1) All surveys will be performed by a land surveyor licensed in the state of Washington pursuant to Chapter 18.43 RCW and shall be consistent with Chapter 332-130 WAC and Chapter 58.09 RCW.

(2) Permanent Control Monuments. Permanent control monuments shall be established at:

(a) Controlling corners on the boundaries of the subdivision;

(b) The intersections of the centerline of roads within the subdivision;

(d) All block corners. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 408.600, 1994)

11.16.280 Maps and drawings.

Every final plat shall consist of one or more sheets, each 18 by 24 inches clearly and legibly drawn on stable base mylar polyester film or equivalent approved material acceptable to the Chelan County auditor. All drawings and lettering on the final plat shall be in permanent black ink. The maps shall be drawn consistent with the requirements for recording as prescribed by the Chelan County auditor. The map shall be drawn at a standard engineering scale sufficient to show all details clearly. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. Each sheet of the final plat shall contain the subdivision name, the graphic scale and the north point. All signatures affixed to a final plat shall be the original signatures written in permanent black ink.

Every final plat shall include an accurate map of subdivided land based on a complete survey thereof, which maps shall include:

(1) Survey information as required by Chapter 332-130 WAC and Chapter 58.09 RCW;

(2) The number assigned to all lots and blocks within the subdivision;

(3) The names of any adjacent subdivisions. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 98-9 § 7; Ord. 3155 § 6, 1995; Ord. 3080 § 408.710, 1994)

11.16.290 Written data.

In addition to the map or maps, every final plat shall contain written data including:

(1) The name of the subdivision;

(2) The legal description of land contained within the subdivision;

(3) The certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision, in substantially the following language:

I, ______________, registered as a land surveyor by the state of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of ___________, 20___, through _________, 20___; that the distances, courses, and angles are shown thereon correctly; and that the monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.

(4) A statement of approval signed by the city engineer as to the layout of streets, alleys and other rights-of-way; easements; and design of bridges, sewage and water systems, and other structures;

(5) A certificate or other instrument of dedication bearing the typed or printed names of all persons having ownership interests in the subdivided land, signed by the said persons, and acknowledged by them before a notary public, consenting to the subdivision of said land and reciting the dedication by them of all land shown on the plat to be dedicated to public use, and a waiver by them of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of public roads;

(6) A certificate signed by the Chelan County treasurer that all taxes one year in advance on all unimproved property in each proposed subdivision, and delinquent assessments for which the land within the subdivision may be liable, have been duly paid and satisfied or discharged;

(7) Spaces for approval by the mayor, subdivision administrator and city engineer of the city of Wenatchee. (Ord. 2012-11 § 3 (Exh. A); Ord. 2010-24 § 1; Ord. 3080 § 408.720, 1994)