Chapter 16.20
PRELIMINARY PLATS
Sections:
16.20.030 Procedures—Generally.
16.20.040 Application/processing fee.
16.20.070 Posting of property.
16.20.080 Review requirements.
16.20.110 Planning commission recommendation—Factors to be considered.
16.20.120 Planning commission recommendation—Decision.
16.20.130 Town council action.
16.20.140 Approval—Conditions.
16.20.150 Decision—Notifications.
16.20.160 Relationship of approved preliminary plat to final plat.
16.20.170 Decision—Review—Appeals.
16.20.180 Agreements to transfer land conditioned on final plat approval.
16.20.190 Payment of services.
16.20.010 Administration.
A. The administrator is vested with the duty of administering and interpreting the subdivision provisions of this title;
B. The administrator may prepare and/or require the use of such forms or surveys as deemed necessary to administer this title;
C. It shall be within the administrator’s power to grant minor deviations from literal compliance with a requirement of this chapter, insofar as the applicant can establish, to the administrator’s satisfaction, all conditions enumerated in Section 16.20.020; and
D. The town planning commission is vested with the duty of conducting the required public hearing on each subdivision and making a recommendation to the Winthrop town council to approve, approve with conditions, or deny any subdivision proposed within the town. (Ord. 449 Ch. V(A), 1995)
16.20.020 Requirements.
A. Any person desiring to subdivide land shall cause to be prepared a preliminary plat of the proposed subdivision. Prior to the preparation, the applicant shall discuss with the administrator the procedure for adoption of a subdivision plat and the requirements of this title as to general layout of streets, dedications of land, street improvements, provision for drainage, sewage, fire protection, other similar improvements, and the availability of existing services and utilities. To this end, the applicant is encouraged to request a preapplication conference as set forth in Chapter 16.16, Preapplication Procedures.
B. The preliminary plat of the proposed subdivision shall be at a scale of at least one inch equals two hundred (200) feet, unless the administrator requests or authorizes a different scale, and which shall include the following information which shall be shown on the plat if practicable; but if not, by separate accompanying statements:
1. General Information.
a. Proposed name of the subdivision; this name shall not duplicate any name used on a recorded plat or subdivision in the town;
b. Location of the subdivision by section, township and range;
c. Names and addresses of the owners, subdivider, designer of the subdivision and the licensed surveyor and the engineer if appropriate;
d. Scale, north arrow and date;
e. A full and correct legal description of the entire lot, tract, parcel, site or division constituting the applicant’s property, as recorded in the Okanogan County auditor’s office;
f. A vicinity sketch at a scale between four hundred (400) and eight hundred (800) feet to the inch shall accompany the preliminary plat. The vicinity sketch shall show all adjacent subdivisions, streets and tract lines of adjacent parcels, with the names of owners of record of such parcels when described by metes and bounds. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in all adjacent territory so that an advantageous development of the entire area can be achieved; and
g. A current title report.
2. Existing Conditions.
a. Boundary lines of the proposed subdivision including monuments and markers, approximate distance and area enclosed;
b. Existing restrictive covenants;
c. Elevations shall be shown by contour lines at a minimum of five-foot intervals if determined by the administrator to be needed in the preliminary review;
d. The location, name, designation as to public or private, present improvements, right-of-way widths, and type of surfacing of all streets; alleys, pedestrian pathways/trails, and rights-of-way within and abutting the tract; location of any existing walks, curbs and/or gutters; the location, pipe size and grades of all existing sewers, water mains, culverts, buried electrical or telephone conduits and surface and subsurface drains, railroad lines or other private improvements and utilities, including storm drains, all within and abutting the property proposed for division;
e. Approximate width, location and purpose of all existing easements within and abutting the property;
f. The approximate location of all designated floodways and one hundred (100) year floodplain areas covered by water and the location, width, name and direction of flow of all watercourses;
g. Existing uses of the property, including the location and use of all existing structures and those structures which will remain on the property after platting.
3. Proposed Subdivision Plat.
a. The location, name and intention to make public or private roads or alleys, approximate radii of curves and grades and gradients of all proposed streets, alleys or roads within or on the boundary of the proposed subdivision;
b. Location, width and purpose of all easements and/or permits for other than roadway purposes;
c. Proposed uses of the property;
d. Approximate dimensions of all lots with proposed lot and block numbers. Lot sizes shall be in compliance with the applicable zoning laws;
e. The locations, size and existing use of all existing and contemplated open space (includes open space and common open space, as defined in Ordinance 372) within the proposed subdivision. Areas designated for open space as recommended by the planning commission, shall be dedicated for such use to the town, if approved by council and indicated on the final plat before recording. Areas designated for common open space as recommended by the planning commission, shall be indicated on the final plat before recording;
f. A brief statement and preliminary layout of proposed facilities regarding the contemplated sewage disposal, water supply and drainage improvements for the proposed subdivision. The administrator, after consulting with the public works director, may require the installation of water, sewer and storm drainage lines in streets within the subdivision, or easements therefor in accordance with Chapter 16.32, Design Standards, the street design and construction standards ordinance, and with the recommendations of the town engineer;
g. If the proposed subdivision would affect any irrigation district, an explanation of how it provides for the necessary irrigation provisions as prescribed by RCW 58.17.310;
h. Minimum building setback lines according to applicable zoning laws shall be shown. A typical lot may show setbacks for all long-shaped interior lots. All setback lines must be shown on irregularly shaped lots and corner lots; and
i. If the subdivider desires to develop the plat in phases, all phases shall be shown on the preliminary plat.
4. A copy, in concept, of all proposed restrictive covenants shall be provided.
5. A title certificate consisting of a report showing all parties having an equitable interest(s) in the property to be subdivided shall be provided.
6. An environmental checklist, prepared in accordance with RCW 43.21C (State Environmental Policy Act [SEPA]) and the town’s SEPA ordinance (codified as Title 18 of this code), as they now exist or are hereafter amended shall be provided.
7. Names and addresses of all landowners within three hundred (300) feet of the exterior boundaries of the property proposed for platting. (Ord. 449 Ch. V(B), 1995)
16.20.030 Procedures—Generally.
The procedures and requirements set forth in Sections 16.20.020 through 16.20.190 shall be followed in submission and approval of preliminary plats. It is intended that, to the extent possible, preliminary plat reviews will be processed simultaneously with any applications for rezones, planned developments, conditional use permits, and similar quasi-judicial or administrative actions that may be required. If requested by the applicant, the town may process an annexation concurrently with a subdivision application. (Ord. 449 Ch. V(C), 1995)
16.20.040 Application/processing fee.
The submittal of an application for preliminary plat shall be accompanied by a nonrefundable processing fee as specified in the adopted town fee resolution. Upon determination by the administrator that the application is complete, the administrator shall request payment of the application fee, provided that the amount of the processing fee shall be subtracted from the amount of the application fee. No application shall be processed until the application has been deemed complete and the application fee paid. (Ord. 449 Ch. V(D), 1995)
16.20.050 Submission.
A. The subdivider, following a preapplication conference if requested, shall submit an application for preliminary plat approval along with the processing fee to the administrator.
B. The administrator then reviews the application and related materials for completeness. Once the administrator determines the application is complete, he/she shall:
1. Notify applicant in writing that the application is complete;
2. Request payment of the application fee;
3. Request the applicant to submit ten (10) copies of the proposed preliminary plat and supplementary material as specified in Section 16.20.020, Requirements; and
4. Circulate the application and related materials for department heads, planning commission and affected agency review as required by Section 16.20.080, Review requirements; and
5. Schedule and provide notice of the public hearing as specified in Section 16.20.060, Hearing—Notice, and Section 16.20.070, Posting of property. (Ord. 449 Ch. V(E), 1995)
16.20.060 Hearing—Notice.
When a complete preliminary plat application has been submitted, the administrator shall establish the date and time for a public hearing on the plat before the planning commission which shall not be more than sixty (60) days from the date of submission thereof, except when the hearing is extended to allow for compliance with the State Environmental Policy Act (RCW 43.21C). The date of submission is the date the administrator accepts the submission as a complete application and all fees are paid. Notice of the public hearing stating the time, place and purpose for which the hearing is to be held, shall be published not less than fourteen (14) days prior to the hearing, in a newspaper of general circulation. Notice of the hearing shall be mailed by the administrator at least ten (10) days prior to the date of the hearing, to the owners of all properties within three hundred (300) feet of the exterior boundaries of the parent parcel being subdivided, as such owners appear on the records of the county assessor. Notice shall be given to the State Department of Transportation when the proposed subdivision is located adjacent to a state highway right-of-way in accordance with RCW 58.17.080, as it now exists or is hereafter amended. Notice shall also be given to interested state agencies in accordance with Section 16.20.080, Review requirements. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description but shall include reference to the section, township and range. (Ord. 449 Ch. V(F), 1995)
16.20.070 Posting of property.
The applicant is responsible for posting a copy of the posting notice at three conspicuous locations on and in the vicinity of the proposed subdivisions. The posting notice shall be on the form provided by the administrator and be a minimum of eight and one-half by eleven (11) inches in size. The applicant shall also furnish an affidavit to the administrator attesting to the fact the posting notices were indeed posted along with the posting date and locations. In addition to placing the posting notice on and in the vicinity of the property being subdivided, the applicant shall post a copy at the United States post office located in Winthrop, Washington. The applicant will also furnish an affidavit to the administrator attesting to the fact that the posting notice was indeed posted along with the posting date and locations. (Ord. 449 Ch. V(G), 1995)
16.20.080 Review requirements.
A. Copies of the preliminary plat, supplementary material and environmental documents shall be forwarded by the administrator to the following agencies, as deemed appropriate, at least thirty (30) days prior to the hearing date for their respective recommendations, if any:
1. Town department heads;
2. Okanogan County health district;
3. Town engineer;
4. County assessor, planner and/or public works;
5. Any affected irrigation district and/or public or private utilities (electrical, telephone, cable, water, etc.);
6. Any school district or fire district encompassing any of the area included in the preliminary plat;
7. Any governmental agencies concerned including nearby towns, and appropriate state and federal agencies. State agencies may include Departments of Fish and Wildlife, Ecology, Health, etc., depending on location and scope of project. Federal agencies may include the Environmental Protection Agency, Corps of Engineers, Fish and Wildlife Service, Bureau of Reclamation, etc., depending on location and scope of project;
8. Planning commission.
B. The Okanogan County health district may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision.
C. The above agencies shall all also be sent a notice of public hearing. The recommendations of the aforesaid public agencies, if any, shall be submitted to the town a minimum of seven days prior to the hearing provided for in Section 16.20.100, Public hearing. (Ord. 449 Ch. V(H), 1995)
16.20.090 Staff report.
The administrator shall prepare a staff report, including findings of fact, to present to the planning commission. The staff report shall include a review of the proposed plat and any comments received from commenting agencies and departments and interested citizens. The report shall also review the proposed plat’s conformance with subdivision standards, other land use regulations, and the town comprehensive plan. (Ord. 449 Ch. V(I), 1995)
16.20.100 Public hearing.
A. The planning commission shall hold at least one public hearing to provide the public and other interested parties the opportunity to comment on the proposed preliminary plat. The hearing shall include the opportunity for the applicant to present the proposed preliminary plat, an opportunity for the public to submit written and verbal comments and to allow affected departments, agencies and others to submit their written or verbal comments.
B. A record of the public hearing (minutes and tape recording) shall be kept by the town clerk and shall be open to public inspection. (Ord. 449 Ch. V(J), 1995)
16.20.110 Planning commission recommendation—Factors to be considered.
A. The planning commission shall consider the following when preparing its recommendation to the town council:
1. Staff report, agency, department or other reports and comments;
2. Public testimony and all other relevant facts;
3. The SEPA checklist and determination submitted with the proposal shall be incorporated as a condition for approval of the proposal unless modified by the planning commission and approved by the administrator and/or the town council; and
4. Adequacy of urban services.
B. The planning commission must consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare and for such open spaces, drainageways, irrigation provisions pursuant to RCW 58.17.310, streets, alleys, other public ways, fish and wildlife and their habitat, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider other relevant facts, including pedestrian ways and other planning features that assure safe walking conditions for students who walk to and from school, and including the comprehensive plan, zoning ordinance and other land use controls, and whether the public use and interest will be served by the platting of such subdivision.
C. If the planning commission finds that the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning commission shall recommend approval of the preliminary plat to the town council, providing requirements for preliminary plat approval are completed prior to submittal to the town council.
D. If the planning commission finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, the planning commission shall recommend disapproval of the preliminary plat, or shall recommend appropriate changes or conditions be attached to the preliminary plat to insure that the public use and interest will be served. Pursuant to RCW 58.17.120, as it now exists or is hereafter amended, the planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of the proposed plat because of landslide/erosion hazards and/or flood, inundation or swamp conditions. Construction of protective improvements may be included as a recommended condition of approval. No plat shall be approved covering any land situated in a flood control zone as provided in RCW 86.17, without the prior written approval of the Department of Ecology. (Ord. 449 Ch. V(K), 1995)
16.20.120 Planning commission recommendation—Decision.
A. The planning commission shall, not later than fourteen (14) days following the conclusion of the public hearing, make a recommendation for approval and state conditions, if any, of such approval, or recommend disapproval. The recommendation of approval or disapproval shall be based upon the factors specified in Section 16.20.110, Planning commission recommendation—Factors to be considered, and every such recommendation shall be in writing in the form of a letter of transmittal and shall include findings of fact and conclusions to support the recommendation including a finding that the proposed subdivision is in conformity with any applicable zoning ordinance or other land use controls and has access to adequate urban services. Any conditions to be fulfilled shall be incorporated in the planning commission’s written recommendation.
B. The administrator shall transmit a copy of the planning commission’s recommendation to the town council, department heads, the health district, the subdivider, the subdivider’s surveyor or engineer and all parties that submitted input and requested a notice of action during the hearing process. (Ord. 449 Ch. V(L), 1995)
16.20.130 Town council action.
The recommendation of the planning commission shall be submitted to the town council, not later than fourteen (14) days following their action on the proposed subdivision. Upon receipt of the recommendation, the council shall, at the next public meeting, adopt or reject the recommendation of the planning commission. If after considering the matter at a public meeting, the council deems a change in the recommended action is necessary, it shall remand the subdivision to the planning commission for further review and public hearings. The council shall then review the planning commission’s revised recommendation and take action including findings of fact and conclusions in support thereof and approve or disapprove the preliminary plat. (Ord. 449 Ch. V(M), 1995)
16.20.140 Approval—Conditions.
Pursuant to RCW 58.17.110, as it now exists or is hereafter amended, the town council shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The council shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public use and interest will be served by the subdivision and dedication. The council shall also consider any recommendation from the planning commission regarding any physical constraints, SEPA mitigation measures, or other conditions to protect the health, safety and welfare affecting the proposed plat, and may require protective improvements as a condition of the approval. Any such requirement shall be noted on the face of the plat. If the council finds that the proposed plat makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If the council finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, the council may disapprove the proposed plat. Dedication of land to any public body, or fees paid in lieu thereof, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. (Ord. 449 Ch. V(N), 1995)
16.20.150 Decision—Notifications.
The decision of the Winthrop town council shall be in writing and shall include findings of fact and conclusions to support the decision, shall be sent to the subdivider and the subdivider’s surveyor or engineer and all parties participating, who requested such notification, in the hearing process. (Ord. 449 Ch. V(O), 1995)
16.20.160 Relationship of approved preliminary plat to final plat.
A. The approved preliminary plat, together with its conditions of approval, shall constitute a guide to the applicant for the preparation of the final plat, and to the town for conditions under which the final plat is to be approved. A final plat meeting all of the requirements of this title and RCW Chapter 58.17 and other local regulations shall be submitted to the town for approval within five years from the date of preliminary plat approval by the town.
B. An applicant who files a written request with the town at least thirty (30) days before the expiration of this five-year period shall be granted a one-year extension upon the showing that the applicant has attempted, in good faith, to submit the final plat within the five-year period. (Ord. 474 § 3(N), 1996: Ord. 449 Ch. V(P), 1995)
16.20.170 Decision—Review—Appeals.
A final determination regarding any plat shall be reviewable pursuant to RCW 36.70(C), the Washington State Land Use Petition Act. (Ord. 474 § 3(O), 1996: Ord. 449 Ch. V(Q), 1995)
16.20.180 Agreements to transfer land conditioned on final plat approval.
If the performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement is not subject to RCW 58.17.200 or 58.17.300 and does not violate any provisions of this chapter or this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 449 Ch. V(R), 1995)
16.20.190 Payment of services.
When deemed necessary, the town may retain outside consultants to evaluate any phase of plat review and construction. The cost of such services shall be borne by the developer who shall be billed for the actual cost to the town. Billings shall be tendered and payable within thirty (30) days. If the developer (subdivider) believes the costs to be unreasonable, an appeal may be made to the town council for their review and determination. (Ord. 449 Ch. V(S), 1995)