Chapter 16.24
FINAL PLATS
Sections:
16.24.020 Supplementary information.
16.24.030 Time limit for submission.
16.24.050 Review and approval.
16.24.060 Time limit for recording.
16.24.070 Final plat alteration.
16.24.080 Final plat vacation.
16.24.010 Requirements.
The final plat shall conform substantially to the preliminary plat and shall incorporate any conditions or recommendations imposed by the planning commission and approved by the town council. Any required signatures shall be in permanent black ink on the original document to be filed. In addition, the final plat shall show clearly the following information:
A. A complete survey of the section or sections necessary to establish the corner(s) of the quarter section in which the plat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The survey shall be submitted with copies or complete field notes and computations showing original or reestablished corners, with descriptions of and reference ties to all corners and copies of field notes of traverse showing error of closure and method of balancing, with sketch showing all distances, bearings and calculations required to determine corners and traverse distance of the plat. The allowable error of closure shall not exceed one foot in ten thousand (10,000) feet;
B. Tract boundary lines, property lines of lots, open space, other sites and other rights-of-way, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be shown by dotted lines in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid any ambiguity;
C. Name and right-of-way width of each street, easement or other right-of-way;
D. Location and dimensions of pedestrian pathways, trails or sidewalks;
E. Location, dimensions, beneficiary and purpose of any easements;
F. Number to identify each lot or site and block;
G. Purpose for which sites, other than residential lots, are dedicated or reserved;
H. Location and description of monuments existing or set. Permanent control monuments shall be established at each and every controlling corner of the boundaries of the parcel of land being subdivided. The public works director shall determine the number and location of permanent control monuments within the plat;
I. Reference to recorded subdivision plats of adjoining platted land by record name, date and number and the lines and names of all existing or platted streets or other public ways, parks, playgrounds, other public lands, and easements adjacent to the final plat, subdivision or dedication, including municipal boundaries, township lines and section lines;
J. A certification by a PLS (professional land surveyor), in a form acceptable to the town, that the plat is a true representation of the lands actually surveyed;
K. Appropriate certificate indicating consent by all those persons having ownership rights in the property in a format acceptable to the town;
L. A certificate in a format acceptable to the town regarding participation in any irrigation district;
M. A certificate acceptable to the town relating to any flood hazard areas and/or any town shoreline management areas;
N. Certification regarding any streets, rights-of-way or easements for private, semi-private or public use;
O. Certificate from the county treasurer that all taxes and delinquent assessments for which the property may be liable, as of the date of certification by the treasurer, have been fully paid, satisfied or discharged;
P. Certification of approval by the public works director, acting on behalf of the town, as to the survey data, layout of streets, alleys, pedestrian pathways and other rights-of-way, design of bridges, sewage and water systems, and/or other structures or utilities;
Q. Acknowledgment from the public works director as to the adequacy of the proposed means of sewage disposal and water supply;
R. Certification of approval by the mayor;
S. Title, scale, north arrow and date;
T. A certification shall be submitted together with the plat certifying that the subdivider has either:
1. Completed improvements in accordance with these regulations and with the action of the town council giving approval of the preliminary plat, or
2. Provided acceptable surety for such improvements as provided in Section 16.28.190, Surety;
U. Such other certificates, affidavits or endorsements as may be required by the town council in the enforcement of these regulations. (Ord. 449 Ch. VI(A), 1995)
16.24.020 Supplementary information.
In addition to the requirements of this chapter, the following information shall be submitted with the final plat as appropriate:
A. A copy of any proposed CC&Rs (covenants, conditions and restrictions) to be recorded with the proposed subdivision; and
B. A list of the conditions required as part of the approval of the preliminary plat by the town council, together with annotation of how they have been and/or will be complied with. (Ord. 449 Ch. VI(B), 1995)
16.24.030 Time limit for submission.
The original tracing and four copies of the final plat and other exhibits required for approval as specified in this chapter shall be submitted to the administrator accompanied by a written request for approval of the final plat and the final plat processing fees as specified in the adopted fee resolution. The final plat shall be submitted to the town council within five years of the date of preliminary plat approval. An applicant who files a written request with the administrator at least thirty (30) days before the expiration of this five-year period shall be granted one, one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period. (Ord. 474 § 3(P), 1996: Ord. 449 Ch. VI(C), 1995)
16.24.040 Drawings.
The final plat shall be drawn on stable base mylar or equivalent material at such a scale as to make a map a minimum of eighteen (18) inches by twenty-four (24) inches, and shall be at a scale of at least one inch equals one hundred (100) feet, unless the administrator requests or authorizes a different scale. Where necessary, the plat may be on several sheets, including match lines, accompanied by an index sheet showing the entire subdivision. (Ord. 449 Ch. VI(D), 1995)
16.24.050 Review and approval.
A. The administrator shall review the final plat for conformance to conditions imposed on the approved preliminary plat. If the proposed final plat is in conformance with all conditions of preliminary approval, then the administrator shall submit the final plat and required information for approval with conditions or denial to the town council. If the final plat contains substantial modifications from the preliminary plat recommended for approval by the planning commission, the administrator shall submit the proposed final plat to the planning commission for their recommendation prior to the town council action on the final plat.
B. Upon receipt of a proposed final plat which the administrator has deemed to be substantially altered from the preliminary plat recommended for approval by the planning commission, the planning commission shall at their next public meeting set a date for review and consideration of the substantially altered final plat at a public hearing. Notice of the date, time and location of the public hearing shall be given to the subdivider, surveyor, public works director, Okanogan County health officer, and others notified during preliminary approval at least four days prior to the date of the public hearing. The planning commission shall have ten (10) days from the date of the public hearing to make their recommendation to the town council regarding the approval or denial of the proposed final plat. The recommendation must be made in accordance with the provisions of Section 16.20.110, Planning commission recommendation—Factors to be considered.
C. Upon receipt of a proposed final plat from either the administrator and/or planning commission, the town council shall at their next public meeting set a date for consideration of the final plat at a public hearing. Notice of the date, time and location of the public meeting shall be given to the subdivider, surveyor, public works director, and the Okanogan County health officer at least four days prior to the date of the public hearing.
D. When the town council finds that the final subdivision conforms to all terms of the preliminary subdivision approval, and that the subdivision meets the requirements of this title, and RCW 58.17, as both these regulations were in effect at the time of preliminary plat approval, the town council shall authorize the mayor to sign the final plat, after which the mayor shall suitably inscribe and executed their written approval on the face of the plat. The subdivision shall be governed by the terms of final plat unless the town council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision, at which time the council may take any action needed for correction.
E. Final plats shall be approved, disapproved or returned to the applicant within sixty (60) days from the date of filing thereof unless the applicant consents to an extension of such time period.
F. Approval shall be indicated by the signature of the administrator or the administrator’s designee on the original tracing. (Ord. 449 Ch. VI(E), 1995)
16.24.060 Time limit for recording.
The final plat shall be recorded within sixty (60) days following the date of approval of the final plat by the town council. If the subdivider fails to file his final plat prior to the expiration of the above time period, he shall resubmit the plat in accordance with Chapter 16.20, Preliminary Plats. (Ord. 449 Ch. VI(F), 1995)
16.24.070 Final plat alteration.
A. Application. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided under Section 16.04.050D, that person shall submit an application to request the alteration to the administrator on an application form available from the administrator, including a legibly drawn representation of the plat as it presently exists and of the proposed alteration, both to scale. The submitted application shall be accompanied by the following:
1. The signatures of a majority of those persons having ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered; and
2. If the subdivision is subject to restrictive covenants which were filed in conjunction with the subdivision, and the application for alteration would result in a violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants, providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
B. Hearing—Notice. Upon receipt of an application for alteration the administrator shall provide notice of the application to all owners of property within the subdivision as provided for in Section 16.20.060, Hearing—Notice and Section 16.20.070, Posting of property. The notice shall establish a date for a public hearing before the planning commission, which shall not be more than sixty (60) days from the date of the submission thereof.
C. Review Requirements. Review requirements for plat alterations shall conform with Section 16.20.080, Review requirements, through Section 16.20.110, Planning commission recommendation—Factors to be considered, as applicable.
D. 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 plat alteration for conformance with subdivision standards, other land use regulations, and the town comprehensive plan;
E. Planning Commission Action. The planning commission shall review and evaluate the requested plat alteration for compliance with the currently applicable standards for subdivision in the town and shall provide a recommendation to the town council;
F. 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 plat alteration. Upon receipt of the recommendation, the town council shall, at its next public meeting, determine the public use and interest in the proposed alteration and may deny or approve the application for alteration;
G. Assessment District. If any land within the alteration is part of an assessment district, any outstanding taxes, assessments and charges shall be equitably divided and levied against the remaining lots, parcels or tracts, or shall be levied equitably on the lots resulting from the alteration;
H. Dedication. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties; and
I. Drawings and Filing. After approval of the alteration, the town council shall order the applicant to produce the revised drawing on stable base mylar or equivalent material, stamped by a licensed surveyor which, after signatures of the authorities whose approval appeared on the original plat, shall be filed with the county auditor to become the lawful plat of the property. (Ord. 449 Ch. VI(G), 1995)
16.24.080 Final plat vacation.
A. Application. Whenever any person is interested in the vacation of any subdivision or portion thereof, or any area designated or dedicated for public use, that person shall submit an application for vacation to the administrator. The application shall set forth the reasons for vacation and shall be accompanied by the following:
1. The signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation; and
2. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
B. Procedure Relating to Roads.
1. When the vacation application is specifically for an existing street, alley or unconstructed right-of-way, the procedures for street vacation in RCW 36.87 or 35.79 shall be utilized for the road vacation; and
2. When the application is for the vacation of the plat together with the unopened roads, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.87.130.
C. Hearing—Notice and Procedure. Upon receipt of an application, the administrator shall give notice as provided in Section 16.20.060, Hearing—Notice, and Section 16.20.070, Posting of property, and set a date for a hearing before the planning commission. The commission shall conduct a public hearing on the application for vacation and may recommend approval or denial of the application for vacation of the subdivision to the town council after determining the public use and interest to be served by the vacation of the subdivision.
D. Title to Vacated Land.
1. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deeded to the town or county, shall be deeded to the town or county, unless the town council shall set forth findings that the public use would not be served in retaining title to those lands.
2. Title to the vacated property shall vest with the rightful owner as shown in the county records. If the vacated land is land that was dedicated to the public for public use other than a road or street, and the town council has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by town council. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision.
E. Notification and Record of Action. After approval of the vacation, the town council shall direct the town clerk to notify all parties of the vacation and to file a copy of their action with the county auditor to become part of the record. (Ord. 449 Ch. VI(H), 1995)