Chapter 16.02
PRELIMINARY AND FINAL PLATS
Sections:
16.02.010 Pre-application conference.
16.02.020 Application required for plat approval.
16.02.030 Preliminary plat requirements.
16.02.040 Preliminary plat application approval and administration.
16.02.050 Preliminary plat review and approval procedures.
16.02.060 Public hearing and notice requirements, preliminary plat.
16.02.070 Content of public hearing notices.
16.02.080 Preliminary plat review and recommendation by Planning Commission.
16.02.090 Action on preliminary plat by Town Council and criteria to consider.
16.02.100 Time limitation for approval and approval expiration, preliminary plats.
16.02.110 Final plat application.
16.02.120 Additional final plat application requirements.
16.02.130 Procedure and criteria for Town Council approval of final plats.
16.02.140 Filing and distribution of approved final plats.
16.02.010 Pre-application conference.
Whenever the subdivision of land is proposed, the subdivider is encouraged, but not required, to consult early and informally with the Planning Director. The subdivider may submit sketch plans and data showing existing conditions within the site and its vicinity, and the proposed layout and development of the subdivision or parcel of land. This pre-application conference is intended to permit an early evaluation of the subdivider’s intentions and coordination of the comprehensive plan, as well as to inform and provide the subdivider with the necessary regulations and administrative forms to properly accomplish the proposed project. [UDC Ord. dated 7/21/1998].
16.02.020 Application required for plat approval.
To be considered for preliminary and final plat approval, the subdivider must submit the following:
A. A completed application form furnished by the Planning Director; and
B. Seven (7) copies of the plat, with appropriate additional information required by this title; and
C. An application fee, as specified in this title. [UDC Ord. dated 7/21/1998].
16.02.030 Preliminary plat requirements.
Every preliminary plat shall consist of one (1) or more maps drawn to a scale of one (1) inch equals one hundred (100) feet, unless another scale is approved by the Planning Director, 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:
A. Name of subdivision.
B. Legal description of land contained in the subdivision.
C. Names, addresses and telephone numbers of all persons, firms, and corporations holding interest in the land.
D. The name, address, telephone number and seal of the registered land surveyor or engineer who made, or under whose supervision was made, a survey of the proposed subdivision, if any was made.
E. The date of the survey, if any has been made.
F. The boundary lines of the proposed subdivision.
G. All existing monuments and markers.
H. The boundaries of all blocks and lots within the proposed subdivision, together with the numbers and letters proposed to be assigned each lot and block.
I. The location, names and widths of all existing streets and easements within the proposed subdivision and adjacent thereto.
J. Location of all permanent buildings, wells, watercourses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, township lines, and other important features existing upon, over, or under the land proposed to be subdivided.
K. Contour lines at two (2) foot intervals or other data acceptable to the Town Engineer.
L. A layout of proposed streets, alleys, utility mains, and parcels proposed to be dedicated to or reserved for public or community school, park, playground or other uses. Streets shall maintain the established grid system of the Town as nearly as possible and shall use street names or designations consistent with the existing grid system but shall not otherwise use deceptively similar names of existing streets in the Town or Pierce County.
M. Preliminary plans of proposed water distribution systems, sewage disposal systems, drainage systems, and proposed streets, indicating locations, grades, and elevations at termination points of lines. Said plans shall be drawn upon standard profile sheets or other such sheets as approved by the Town Engineer. Three (3) copies of said plans shall be submitted.
N. A vicinity or location sketch.
O. Owners of land adjacent to the subdivision and the names of any adjacent subdivisions.
P. A copy of any restrictive covenants proposed to be imposed on the land within the subdivision.
Q. If individual septic tanks are permitted by applicable Town regulations, soil data acceptable to the local Health District.
R. No survey shall be required until the proposed preliminary plat has been accepted by the Planning Commission and Town Council. [UDC Ord. dated 7/21/1998].
16.02.040 Preliminary plat application approval and administration.
If the Planning Director finds that the preliminary plat contains sufficient elements and data to furnish a basis for approval or disapproval, and the improvement plans are adequate to allow the Town Engineer to approve or disapprove the construction of future improvements, the Planning Director shall deem the application technically complete and shall affix a file number and date of receipt to the application and promptly forward all copies of the plans of roads, utilities and other proposed improvements to the Town Engineer. The Planning Director shall promptly forward one (1) copy of the preliminary plat to the Town Public Works Director, Park Director, fire protection official, superintendent of schools and Police Chief. The Planning Director shall notify the applicant within twenty (20) days of receipt whether the application is technically complete. [UDC Ord. dated 7/21/1998].
16.02.050 Preliminary plat review and approval procedures.
A preliminary plat of proposed subdivisions and dedications of land shall be submitted to the Planning Commission for recommendation and then to the Town Council for approval or disapproval.
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, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. [UDC Ord. dated 7/21/1998].
16.02.060 Public hearing and notice requirements, preliminary plat.
Upon receipt of a completed application for preliminary plat approval accepted by the Planning Director, a date shall be set for a public hearing before the Planning Commission. Notice shall be provided, as indicated in this section, to the following:
A. Appropriate County officials for any preliminary plat of a proposed subdivision within the urban growth boundary of Wilkeson, or which contemplates the use of any County utilities, but is not within the municipal limits of Wilkeson.
B. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a State highway or within two (2) miles of the boundary of a State or municipal airport shall be given to the District Manager, Department of Transportation.
C. Every owner of property, whose name appears as such on the records of the assessor, situated within three hundred (300) feet of the boundaries of the proposed subdivision. 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 shall be given to owners of real property located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed for subdivision.
D. Not less than three (3) copies of a notice of the hearing shall be posted at conspicuous places on the boundaries of the proposed subdivision.
E. Notice of the public hearing shall be published not less than ten (10) days prior to the hearing in an official Town newspaper of general circulation within the County and a newspaper of general circulation in the area where the real property proposed for subdivision is located. [UDC Ord. dated 7/21/1998].
16.02.070 Content of public hearing notices.
All notices required pursuant to this title shall include the following:
A. The hour, date and location of the hearing.
B. A description of the property to be platted. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. This identification may also include the address or other reasonable means of identifying the location.
C. A brief description of action sought by the applicant. [UDC Ord. dated 7/21/1998].
16.02.080 Preliminary plat review and recommendation by Planning Commission.
The Planning Commission shall conduct a public hearing, review all preliminary plats and make recommendations thereon to the Town Council. The Planning Commission may recommend that the proposed preliminary plat be approved, conditionally approved, or disapproved. Conditions of approval shall be precisely recited in the report and shall include recommended protective improvements, if any. Recommendations shall be submitted to the Town Council not later than thirty (30) days following action by the Planning Commission. Recommendations and reports of the Planning Commission shall be advisory only. The Planning Commission shall consider all relevant evidence to determine whether the preliminary plat should be approved or disapproved by the Town Council. Such evidence shall include the following:
A. The proposed subdivision is in conformance with the general purposes of the Comprehensive Plan and to planning standards and specifications as adopted by the Town Council.
B. Whether appropriate provisions have been 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.
C. Whether capital facilities to be provided by the Town can be provided concurrently with the expected development such as streets, potable water and sanitary sewers in accordance with the transportation element and the capital facilities element of the Capital Facilities Comprehensive Plan.
D. Whether sidewalks and other planning features assure safe walking conditions for people who use them.
E. Whether the public interest will be served by the subdivision and dedication.
F. The physical characteristics of the proposed subdivision and the possibility of flood, inundation or wetland conditions which are grounds for disapproval.
G. Any information provided as a result of compliance with the State Environmental Protection Act (SEPA).
Every recommendation of the Planning Commission under this section shall be in writing and shall include findings of fact and conclusions to support the recommendation. A record of all public meetings and public hearings shall be kept by the appropriate Town official and shall be open to public inspection. [UDC Ord. dated 7/21/1998].
16.02.090 Action on preliminary plat by Town Council and criteria to consider.
Within forty-five (45) days of receipt of the recommendation from the Planning Commission on any preliminary plat, the Town Council shall hold a public meeting where it may adopt or reject the recommendations of the Planning Commission. If, after considering the matter at the public meeting, the Town Council deems a change in the Planning Commission’s recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the Town Council shall conduct a public hearing. After the public hearing, it shall adopt its own recommendations and approve, conditionally approve or disapprove the preliminary plat, considering the same items as specified in subsections (A) through (E) of this section. Notice of the public hearing shall be given as set forth in WMC 16.02.060 with appropriate content of such notice as specified in WMC 16.02.070. Such public hearing may be held before a committee constituting a majority of the Town Council. If the hearing is before a committee, the committee shall report its recommendations on the matter to the Town Council for final action.
Every decision or recommendation made by the Town Council pursuant to this chapter shall be in writing and shall include findings of fact and conclusions to support the decision. A record of all public meetings and public hearings shall be kept by the appropriate Town official and shall be open to public inspection.
A proposed subdivision and dedication shall not be approved unless the Town Council makes written findings regarding the following:
A. Appropriate provisions are made for the public health, safety and general welfare and for such 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 all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.
B. The public use and interest will be served by the platting of such subdivision and dedication.
C. The physical characteristics of the proposed site. The Town Council may disapprove a proposed plat because of flood, inundation or swamp conditions. Construction of protective covenants may be required as a condition of approval, and such improvements if included as a condition of approval shall be noted on the final plat. No plat shall be approved by the Town Council covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology of the State of Washington.
D. The proposed plat does not violate and takes into account all information derived as a result of compliance with the State Environmental Policy Act.
E. Any required extension of a capital facility provided by the Town can be done concurrently with the development and occupancy of the project.
If the Town Council finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the Town Council shall approve the proposed subdivision and dedication. Dedication of land to the Town, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.070 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the plat. The Town Council shall not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners. [UDC Ord. dated 7/21/1998].
16.02.100 Time limitation for approval and approval expiration, preliminary plats.
Preliminary plats of any proposed subdivision and dedication shall be approved, approved with conditions, disapproved, or returned to the applicant for modifications or correction within ninety (90) days from the date of filing of a complete application unless the applicant consents to an extension of such time period; provided, however, that if an environmental impact statement is required as provided in RCW 43.21C.050, the ninety (90) day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency.
A final plat meeting all applicable requirements of this title shall be submitted to the Town Council for approval within three (3) years of the date of preliminary plat approval; otherwise, authority to proceed with the filing of a final plat will be considered to have lapsed; provided, however, that an applicant who files a written request with the Town Council at least thirty (30) days prior to the expiration of this three (3) year period shall be granted a one (1) year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three (3) year period. [UDC Ord. dated 7/21/1998].
16.02.110 Final plat application.
Every final plat submitted for approval shall have an application that conforms to the following requirements:
A. The plat shall consist of one (1) or more pages of a size acceptable to the recording authority. The plat shall be clearly and legibly drawn on stable base polyester film or equivalent approved material. All drawing and lettering shall be in permanent black ink, or an approved equivalent.
B. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be one hundred (100) feet equals one (1) inch, unless the Planning Director approves another scale. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of three (3) inches on the left side and one (1) inch on the remaining sides.
C. The name of the subdivision, graphic scale, and north point.
D. An accurate map of the subdivided land, based upon a complete survey by a licensed surveyor.
E. All section, township, municipal and County lines lying within or adjacent to the subdivision.
F. The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries, and all permanent monuments with linear dimensions.
G. The boundary of the subdivision with complete bearings and linear distances.
H. The length and bearings of all straight lines and the radii arcs and semi-tangents of all curves.
I. The length of all lot lines, together with bearings and other data necessary for the location of any lot line in the field.
J. The location, right-of-way width, pavement width, centerline and name or number of all streets and alleys within and adjoining the subdivision.
K. Numbers assigned to all lots, indication of the acreage and/or square footage of each lot, and letters assigned to all blocks within the subdivision. A house address system shall be provided by the Town; provided, however, that an index system shall be shown on the plat to allow assignment of house numbers by the Town.
L. A 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 be or under my supervision, during the period of _________ through ________; that the distances, courses and angles are shown thereon correctly; and that 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.
M. A statement of approval signed by the Town Engineer as to survey data, layout of roads, alleys and easements, road names and numbers, and the design and/or construction of protective improvements, bridges, sewage and drainage systems.
N. A statement signed by the Planning Commission Chairman or designee that the subdivision conforms to the Comprehensive Plan.
O. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses, and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision.
P. A certificate signed by the Pierce County Treasurer that all taxes one (1) 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, satisfied or discharged.
Q. Space for approval by the Town Council, signed by the Mayor or his designee.
R. Notations of any survey discrepancies. [UDC Ord. dated 7/21/1998].
16.02.120 Additional final plat application requirements.
In addition to a completed application form furnished by the Planning Director, seven (7) copies of the final plat with all data thereon, and the specified fees and one (1) reduced scale reproducible copy, the applicant for final plat approval shall submit the following information:
A. A title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat’s certificate.
B. A bond in a form acceptable to the Town Attorney and in an amount and with sureties commensurate with improvements to be completed, securing to the Town the construction and installation of the improvements within a time fixed by the Planning Director. Twenty (20) percent of said bond shall be retained by the Town for a two (2) year period after the plat is approved by the Town Council, securing to the Town the construction, maintenance or installation of any corrections which must be made to the subdivision development. The Planning Director, with approval of the Town Attorney, is authorized to accept an alternative subdivision improvement guarantee, such as escrow account or letter of credit.
Failure of an applicant to submit all required application materials shall be considered a lack of compliance with this section, and the Planning Director may withhold the application from further consideration until such time as the application is complete. [UDC Ord. dated 7/21/1998].
16.02.130 Procedure and criteria for Town Council approval of final plats.
Upon receipt by the Planning Director of a completed application for final plat that needs Town Council approval, he shall notify the Town Clerk/Treasurer to place the final plat application on the Town Council’s agenda for its next regular meeting not sooner than ten (10) days after receipt.
The following criteria shall be considered when the Town Council reviews a final plat:
A. Whether conditions imposed when the preliminary plat was approved have been met.
B. Whether the bond, if there is one, by its essential terms assures completion and/or maintenance of improvements.
C. Whether the final plat is in conformance with the Town’s zoning regulations and all other applicable land use regulations.
D. A final plat shall not be approved until the Town Council finds that the final plat conforms to the proposed preliminary plat and then any conditions imposed.
When the Town Council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of Chapter 58.17 RCW, other applicable State laws, and this title and other applicable local laws, the Mayor or other designated member of the Town Council shall suitably inscribe and execute its written approval on the face of the final plat. Any findings supporting the Town Council’s action on the final plat should be recorded in the minutes of the applicable meeting. Any decision approving or disapproving any plat shall be reviewable before the County Superior Court in accordance with RCW 58.17.180. [Amended during 2014 codification; UDC Ord. dated 7/21/1998].
16.02.140 Filing and distribution of approved final plats.
The original of any approved final plat shall be filed for record with the County Auditor. One (1) reproducible copy shall be furnished to the Town Engineer. One (1) paper copy shall be filed with the County Assessor. Paper copies shall be provided to such other agencies as may be required by the Planning Director.
The final plat, in the form specified in WMC Titles 15 through 19, shall be recorded with the County Auditor’s office, and should the final plat not be recorded within a twelve (12) month period from the date of final approval by the Town Council, the Town Council’s final approval shall be null and void. [UDC Ord. dated 7/21/1998].