ORD 82-17 ESTABLISHING REGULATIONS FOR SUB-DIVISIONS AND PLATSALK:ehk
4/28/82
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ORDINANCE NO. 82-17
AN ORDINANCE ESTABLISHING REGULATIONS FOR SUB-
DIVISIONS AND PLATS, PROVIDING FOR HEARINGS
THEREON AND PROVIDING PENALTIES FOR ANY
VIOLATION OF ITS PROVISIONS; AND REPEALING
ORDINANCES 77-7 AND 80-25.
WHEREAS protection of the public health, safety and general
welfare requires that the division of land into [~e] (5) five
or more lots proceed in accordance with standards to prevent the
overcrowding of land; to lessen congestion of streets and
highways and provide proper ingress and egress; to provide
adequate space, light, and air; to facilitate adequate provisions
for water, sewerage, parks and recreation, fire protection,
schools, ways and other public uses, and to assure uniform
monumenting of land subdivisions and conveyancing by accurate
legal descriptions; and,
WHEREAS by enacting [~ha~e~-~7-~ews-e~-½9~gv-~s~-~
~ess~e~T] [~]RCW 58.17, Plats - Subdivisions - Dedications[~] and
by amending RCW 58.17 in the 1981 legislative session the legis-
lature has prescribed a method for accomplishing the aforesaid
~2: purposes, and has vested cities with responsibility for control-
~ ling the division of land within their corporate limits; and
24: WHEREAS City Council deems the controls, standards, and
~5 procedures, set forth in this ordinance to be essential to the
~6 protection of the public health, safety and general welfare of
27, the citizens of the City of Winslow; and the adoption thereof to
28 be in the public interest;
29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINSLOW,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance 82-17
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Section 1. Applicability. Subdivision of land within the
incorporated limits of the City, shall proceed in compliance with
the State law and this ordinance.
Section 2. Exemptions. The provisions of this ordinance
shall not apply to:
(1) Any cemetery or burial plot, while used for that
purpose;
(2) Any division of land not containing a dedication,
in which the smallest lot created by the division
exceeds five (5) acres;
(3) Any division of land made by testamentary provision,
the laws of descent, or upon court order.
(4) Short subdivision of land made pursuant to Ordinance
[~-~] 82-18 , except where specifically so
noted therein.
(5) A division made for the purpose of adjusting boundary
lines which does not create any additional lot, tract,
parcel, site, or division nor create any lot, tract,
parcel, site, or division which contains insufficient
area and dimension to meet minimum requirements for
width and area for a building site;
Section 3. Definitions. Whenever the following words and
phrases appear in this ordinance they shall be given the meaning
25 attributed to them by this Section. When not inconsistent with
26 the context, words used in the present tense shall include the
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future, the singular shall include the plural, and the plural the
singular; the word "shall" is always mandatory, and the word
"may" indicates a use of discretion in making a decision.
(1) "Adjacent property owner" means any property
owner of record according to the records of the
Ordinance 82-17
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(2)
(3)
(4)
(5)
(6)
county auditor, whose property adjoins or abuts
property proposed for division, or any portion
thereof, or whose property is within [e~h~y
~ee~] three hundred feet of the property proposed
for division, or any portion is directly across a
street or public right-of-way which is contiguous
to both properties.
"Alley" is a strip of land dedicated to public
use providing vehicular and pedestrian access to
the rear side of properties which abut and are
served by a public street.
"Block" is a group of lots, tracts or parcels
within well defined and fixed boundaries.
"Comprehensive Plan" is the current comprehensive
plan of the City of Winslow approved by the City
Council.
"Cul-de-sac" is a road closed at one end by a
circular area of sufficient size for turning
vehicles around.
"Dedication" is the deliberate appropriation of
land by an owner for any general and public uses,
reserving to himself no other rights than such as
are compatible with the full exercise and
enjoyment of the public uses to which the property
has been devoted. The intention to dedicate shall
be evidenced by the owner by the presentment for
THOMAS M. WALc~H
ATTORNEY AT LAW
(206) 464-'l'~80
Ordinance 82-17
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(7)
(8)
(9)
filing of a final plat showing the dedication
thereon; and, the acceptance by the filing by the
City Council.
"Easement" is a use granted by a property owner
to specific persons or to the public use of land
for a specific purpose or purposes.
"Final Plat" is the final drawing of the
subdivision and dedication prepared for filing for
record with the County Auditor and containing all
elements and requirements set forth in [Ghep~e~
~7-~aws-e~-~-697-F~s~-B~r-Sess~e~7] [~]RCW
58.17[~] and in this Ordinance adopted pursuant
thereto.
"Hearing Examiner" shall mean the official
designated by the Mayor as the Hearing Examiner
for the City of Winslow pursuant to Ordinance
76-19.
(10) "Health Officer" means the Kitsap County Health
Officer unless at some future time the city
employs its own health officer.
(11) "Lot" is a fractional part of [s~B]divided lands
having fixed boundaries, being of sufficient area
and dimension to meet minimum zoning requirements
for width and area. The term shall include tracts
or parcels.
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENUE BUILDING, BUITE ~600
SEATTLE, WASHINGTON 98101
(206) 464-~580
Ordinance 82-17
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(12) "Planning Agency" is the planning agency of the
City of Winslow, established pursuant to City
Ordinance ~76-18 or any superceding Ordinance.
(13)
"Plat" is a map or representation of a
subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, roads
and alleys or other divisions and dedications.
(14) "Preliminary Plat" is a neat and approximate
drawing of a proposed subdivision showing the
general layout of streets and alleys, lots,
blocks, entrances and exits,
eeve~an~sT-~-enyv-~e-~e-a~ee~½e-~e-~½e
e~s~en-,] and other elements of a plat or
subdivision. The preliminary plat shall be the
basis for approval or disapproval of the general
layout of a subdivision.
(15) "Street" or "Road" is a public or approved private
Right-of-way which provides vehicular circulation
or principal means of access to abutting
properties, and which may also include provisions
for public utilities, pedestrian walkways, public
open space and recreation areas, cut and fill
slopes, and drainage.
(16) "Subdivider" is a person, including a corporate
person, who undertakes to create a subdivision.
THOMAS M. WALSH
ATTORNICY AT LAW
THIRD AVENUE BUILDING, SUITE 2600
SEATTLE, WASHINGTON 9810!
(206) 464-1580
Ordinance 82-17
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(17) "Subdivision" is the division or redivision of
land into [~e] fiv~ (~) or more lots, tracts,
parcels, sites or divisions for the purpose of
sale [e~], lease
~e-s~s~en-e~-½an~.], or transfer of
ownership.
(18) "Subdivision, Short" is the division or redivision
of land into four (4) or fewer lots, tracts,
parcels, sites or divisions for the purpose of
sale, lease or transfer of ownership.
Section 4. Administration. The City Planning Agency, under
its chairman, is vested with the duties of administering sub-
division and platting regulations of this ordinance. It may
prepare and require the use of such forms as are essential to
such administration.
The City Engineer and the Planning Agency clerk shall assist
the Planning agency in their respective areas. The Agency shall
review all proposed subdivisions for the purpose of determining
conformance with the State law, the general purposes of the
22 Comprehensive Plan, the provisions of the zoning code and other
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applicable land use ordinances and the planning standards and
engineering specifications as adopted in this ordinance.
Final authority to approve plats and subdivisions resides in
the City Council. Notwithstanding this precept, it is the intent
that the Planning Agency have the authority to make advisory
determinations, in accordance with the provisions of this
ordinance and, in the course of its review, to so inform
prospective subdividers.
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENUE BUILDING, BUITE 2600
SEATTLE, WASHINGTON 98101
(206) 464-1580
Ordinance 82-17
Page 7
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Section 5. Procedure - Application, and Plats. Any person
desiring to subdivide land shall submit an application therefor
addressed to the Chairman, Uinslow City Planning Agency, Winslow
City Hall. The application shall be accompanied by six copies
each, of (1) preliminary plat sketch and vicinity map; (2)
drainage and utility plan; (3) street and profile sheet; (4)
environmental information worksheet; (5) a general description of
the project; (6) a preliminary copy of the restrictive covenant
if such is contemplated; and (7) an application for a Shoreline
Substantial Development Permit if required. (See Section 8.)
Section 6. Procedure - Fees__. The application shall be
accompanied by a deposit in the amount specified by the City's
applicable fee schedule [e~-~58=~8]. At the time of filing the
final plat, or if the application is terminated, at the time of
the termination, the City will return the balance of the deposit
after deducting a non-refundable filing fee as set by the City's
applicable fee schedule [e~-$~5=88] and all costs directly
incurred by the City Engineer in checking the Preliminary and
Final Plats, including but not limited to field checking of
20 engineering features, checking survey notes and computations, and
21 if necessary, field checking of survey. If the sum of the
[~8~] filing fee and the actual costs described above exceed
the [$~58=88] deposit, the City will bill the applicant for the
24 balance. Any amount so billed is due thirty days after the date
of the billing. Final approval will not be granted until any
amount due is paid.
Section 7. Procedure - Adequacy, Distribution of Plat. If
in the opinion of the Chairman of the Planning Agency the
29 application contains sufficient data to determine approval or
30 disapproval, he shall request the clerk to affix a file number
31 and date or receipt to the application, to forward copies of the
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENUE BUILDING, SU]I'E 2600
SEATTLE, WASHINGTON 98]0]
(206) 464-]580
Ordinance 82-17
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preliminary plat to the appropriate agencies and officials, and
refer to the Hearing Examiner to conduct the required public
hearing thereon pursuant to Ordinance 76-19, Section 6o
Section 8. Procedure - Notice of Hearing. The Hearing
Examiner shall provide for notice of the public hearing which
notice shall include the purpose, date, time and place of the
public hearing
together with either a vicinity sketch or a [we~e~-½oee~e~]
description of [e~e~a~e-~o-a~se-~he-gene~e½-p~½~e-e~-~e
~eee~on-e~] the subject property other than a legal description
and it shall be given in the following manner:
(a) Publication of at least one notice not less than ten
(10) days prior to the hearing in a newspaper of general
circulation within the
en-e~e~e~-newspepe~-½es-Been-Ses~gna~eST] county and in
a newspaper of general circulation in the area where the real
property which is proposed to be subdivided is located;
(b) At least three (3) copies of the notice of public
hearing shall be posted in conspicuous places on or adjacent to
the subject property not less than ten (10) days prior to the
hearing. Posting shall be done in a manner reasonably calculated
to inform adjacent property owners and also property owners
located within three hundred feet of any parcel or parcels of
real property which lie adjacent to the property proposed for
division, which parcel or parcels are owned by the same owner of
the property proposed for division. In the event a Shorelines
Substantial Development Permit is required, the hearing on the
preliminary plat and the Shorelines Substantial Development
permit may be combined but the notice procedures shall comply
with the requirements of RCW 90.58,140.
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENUE BUILDING, SUIT~ 2600
BEATTLE, WASHINGTON 98101
(206) 464-1580
Ordinance 82-17
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If the proposed subdivision is adjacent to the corporate
limits of the City, specific notice by U. S. mail shall be given
to the Planning Director of Kitsap County and if the proposed
subdivision is adjacent to the right-of-way of a state highway,
specific notice by U. S. mail shall be given to the State
Department of Highways, Olympia, Washington.
Section 9. Review by Planning AgencZ. Prior to public
hearing the Planning Agency shall consider all relevant evidence
to determine whether to recommend that the preliminary plat be
approved or disapproved. Errors or omissions in text or drawings
which, in the opinion of the Planning Agency would render the
plan unapprovable, may be brought to the attention of the
subdivider. The subdivider, at its discretion, may elect to
amend his submission or let it stand. Any amendment so submitted
will be accepted in evidence by the Planning Agency and given due
consideration in its final report and recommendation to the
Hearing Examiner. Every report and recommendation by the Plan-
ning Agency shall be in writing and shall include findings of
fact and conclusions to support the recommendation.
Unless an applicant for preliminary plat approval requests
otherwise, a preliminary plat shall be processed simultaneously
with applications for rezones, variances, planned unit develop-
ments, site plan approvals, and similar quasi-judicial or admin-
istrative actions to the extent that procedural requirements
applicable to these actions permit simultaneous processing.
Section 10. Hearing. In addition to any relevant evidence
received from the general public or the parties involved by the
Hearing Examiner, the Planning Agency shall submit its recom-
mendation to the Hearing Examiner. In addition the City Engineer
shall submit a recommendation for [h~s-e~n~e~] approval or
disapproval as to the engineering accuracy of the proposed
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENUS BUILDING, SUIT=' 2600
SEATTLE, WASHINGTON 9810l
(206) 464-1580
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Ordinance 82- 17
Page 10
subdivision, including but not limited to the proposed street
system, the proposed sewage disposal system and water supply
system. In the event the subdivision is planned for sewage
disposal other than by the City system, the City Health Officer
shall also submit a recommendation for [~e~e~-e~-~e-a~e~aey-
06] approval or disapproval of the proposed system.
If the City Engineer or City Health official recommends
approval, such official or agency shall not modify the terms of
the recommendation without the consent of the applicant.
Section 11. Factors to be Considered by the Hearing
Examiner. In addition to all other relevant factors the Hearing
Examiner shall [~e~e~m~ne] review in the report and recommenda-
tion to the City Council the proposal's provisions for the
following specific items:
(a) [P~e~s~ens-~e~] [~] ~rainage.
(b) Streets, alleys and other public ways.
(c) Water and sewer facilities.
(d) Street lighting.
(e) Parks and playgrounds.
(f) Fire protection facilities.
(g) School sites and grounds.
(h) Other public and private facilities and improvements.
The Hearin/Examiner's report and recommendation shall be in
writing and shall include findings of fact and conclusions to
support the recommendation. [A] ~pecific finding~ shall be made
as to whether or not the proposed subdivision conforms with the
general purposes of the comprehensive plan, the provisions of the
zoning code and any other applicable land use ordinances, and if
the public use and interest will [appa~en~½y] be served by the
proposal.
Ordinance 82-17
Page 11
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Section 12. Hearing - Report to Council. Unless the
Hearing Examiner and applicant agree to a longer time period, not
later than [~e~een-~½4~] ten (10) working days following con-
clusion of the hearing, the Hearing Examiner shall submit [el the
written report and recommendation to -the City Council which may
recommend that the proposed plat be (1) approved, (2) approved as
amended, or (3) disapproved.
Section 13. Council Action - Date. Upon receipt of the
Hearing Examiner's recommendation the City Council shall, at its
next public meeting, set the date for the public meeting at which
the Council shall consider the recommendation.
Section 14. Council Action - Acceptance or Rejection. At
the meeting scheduled for considering the preliminary plat the
City Council after reviewing the recom~aendations of the Hearing
Examiner shall either concur in or reject the Hearing Examiner's
recommendations pursuant to RCW 58.17.100.
Any decision or recommendation of the City Council approving
or disapproving any subdivision shall be in writing and shall
include findings of fact and conclusions to support the decision.
If the Council approves the plat, it must make a formal written
finding of fact that the proposed subdivision is in conformity
with the zoning ordinance, the comprehensive plan, this ordinance
and any other applicable land use ordinances.
Section 15. ~ouncil Action - Public Hearing on Rejected
Preliminary Plat. If the City Council
epp~eve] deems a change in the Hearing Examiner's recommendation
on [eRy] the preliminary plat necessary, it shall set a date for,
and hold its own public hearing, following as applicable the
procedures prescribed for the Hearing Examiner in the preceding
sections. Thereafter the Council may adopt its own
recommendations and (1) approve, (2) approve as amended, or (3)
THOMAS M. WALSH
ATTORNEY AT LAW
THIRD AVENU~ BUILDING, SUIT1~ 9600
SEATTLE, WASHINGTON 98¶0~
(206) 464-1580
Ordinance 82-17
Page 12
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disapprove the proposed plat, including its findings and
conclusions as specified in Sec. 14 of this Ordinance.
Section 16. Preliminary Plat Approval - Authorization
for Subdivider. Approval of the preliminary plat by the City
Council shall constitute authorization for the subdivider to
develop the subdivision's facilities and improvements in strict
accordance wibh state law and this ordinance.
Section 17. Time Limits for Approval, Disapproval or Return
of Preliminary Plat. Preliminary plats of any proposed sub-
division and dedication shall be approved, or returned to the
applicant for modification or correction within ninety (90) days
from the date of filing thereof unless the applicant consents to
an extension of such time period; provided, that if an environ-
mental impact statement (E.I.S.) is required as provided by state
law (RCW 43.21C.030) the ninety day period shall not include the
time spent preparing and circulating the E.I.S. by the Council
and Planning Agency.
Section [½~] 18. Preliminary Plat - Submittal Documents. In
the preparation of sketches, maps, street profiles, etc., as
listed in Section 5, acceptable drafting standards will be
required. The scale for the preliminary plat sketch and the
drainage and utilities plan shall be not less than one (1) inch
equals two hundred (200) feet. The horizontal and vertical
scales for street and sewer plans and profiles shall be not less
than one hundred (100) feet and ten (10) feet to the inch,
respectively.
The documents shall be submitted 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 (there shall be no
duplication of subdivision titles in the City of Winslow);
THOMAS M. WALSH
A"I'TORNEY AT LAW
'~HIRD AVENUIE BUILDING, SUITS 2600
SEATTLE, WASHINGTON 98¶0¶
(206) 464-1580
Ordinance 82- ]7
Page 13
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(2) The legal description of land contained within the
proposed subdivision;
(3) The name, address and telephone number of the
subdivision developer;
(4) The name, address and telephone number and seal of the
registered land surveyor who prepared the preliminary plat
documents;
(5) The boundary lines of the proposed subdivision;
(6) The boundaries of all lots and parcels within the
proposed subdivision, together with the numbers to be assigned
each lot;
(7) The location, names and width of all existing streets,
roads and easements within the proposed subdivision and adjacent
thereto;
(8) The location and, where ascertainable, sizes of all
permanent buildings, wells, water courses, bodies of water, all
overhead and underground utilities, municipal boundaries, section
lines, township lines, and other important features existing
upon, over or under the land proposed to be subdivided;
(9) Contour lines of at least five (5) feet intervals or
sufficient intervals to show the topography of the land to be
subdivided referenced to the mean sea level datum of the National
Ocean Survey - (USC & GS);
(10) Generalized plans of proposed water distribution
systems, sewerage systems, and drainage systems, or tideland or
shoreline modifications, indicating locations;
(11) A layout of proposed streets and alleys including
profiles, and parcels proposed to be dedicated or reserved for
public or community school, park, playground or other uses;
(12) In subdivision proposed to be served by individual
septic tank, the location of soil log holes together with data
THOMAS M. WALSH
ATTORNEY AT LAW
I~11 THIRD AVENUE BU[LD[NG, SUITE 2600
SEATTLE, WASHINGTON 98¶01
(206) 464-7580
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Ordinance 82-1l
Page 14
regarding percolation rates as per health officer's requirements.
(13) A sketch of the general vicinity in which the land
proposed for subdivision lies, upon which are identified owners
of land adjacent to the subdivision and the names of any adjacent
subdivisions.
(14) If the Plat constitutes a replat, the lots, block,
streets, etc. of the original plat shall be shown with dotted
lines in their proper positions in relation to the new arrange-
ment of the Plat, the new Plat being clearly shown in solid lines
as to avoid ambiguity.
Section [~8] 19. Preliminary Plat Approval - Expiration.
[½r] The approval given to a preliminary plat shall expire
unless within [~we-~] three (3) years following approval, a
proposed final plat in proper form is submitted to the City
Engineer; PROVIDED however, that an extension of time, not to
exceed one (1) year, may be granted by the City Council, upon
written request of the applicant to the Council filed at least
thirty days before the expiration of the three year period
demonstrating that the applicant has attempted in good faith to
submit the final plat within the three year period [~e-~eeem-
me~a~en-e~-~he-P½a~n~-A~e~ey].
Ordinance 82-17
Page 15
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e~ens~onT-~he-G~y-ee~ne~-sha~-eons~e~-~he-~e~½ew~n~-
Section [~9] 20.
appfeve~-en~ess-a~e~a~e-prev~sien-~s-ma~e-&n-~he-seb~v~s&en-~ef
s~eh-~e~nage-waysT-~oe~sT-a½~eysT-easemen~sT-pa~sT-p~ay~e~n~s7
M~es-~ef-se½ee½s~-eeheo½-~e~n~sT-an~-e~½ef-~enefa~-pe~peses-as-
~R~W-~8=~=~O~] Approval or disapproval of subdivision and
dedication. The City Council shall inquire into the public use
and interest proposed to be served by the establishment of the
subdivision and dedication. It shall determine if appropriate
provisions are made for, but not limited to, the public health,
safety, and general welfare, for open spaces, drainage ways,
streets, alleys, other public ways, water supplies, sanitary
wastes, parks, playgrounds, sites for schools and schoolgrounds,
and shall consider all other relevant facts and determine whether
the public interest will be served by the subdivision and
dedication. If it finds that the proposed plat makes appropriate
provisions for the public health, safe~y, and general welfare and
for such open spaces, drainage ways, streets, alleys, other
28 public wa~s, water supplies, sanitary wastes, parks, playgrounds,
29 sites for schools and schoolgrounds and that the public use and
30M interest will be served by the platting of such subdivision, then
31:it shall be approved.
!.
If it finds that the proposed plat does
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Ordinance 82-17
Page 16
not make such appropriate provisions or that the public use and
interest will not be served, then the City Council may disapprove
the proposed plat. Dedication of land to the City, may be
required as a condition of subdivision approval and shall be
clearly shown on the final plat. The City Council shall not as a
condition to the approval of any plat require a release from
damages to be procured from other property owners.
[See~e~-~9. 9e~ea~ens---Shew~-en-P~a~r--A½½-
~he-~eee-e~-~e-p~a~]
Section 21.
P~e~ee~ve-~m~evemen~sT-an~-easemen~s-~e-ma~n~a~n-s~eh
~mp~evemen~s-sha~-Be-te~ee~e~=] Disapproval due to flood,
inundation or swamp conditions -- Improvements -- Approval
conditions. The City Council shall consider the physical
characteristics of a proposed subdivision site and may disapprove
a proposed plat because of flood, inundation, or swamp
18 conditions. Construction of protective improvements may be
19!required as a condition of approval, and such improvements shall
20 be noted on the final plat.
21 Section 22. Subdivision Standards. The Planning Agency
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upon recommendation of the City Engineer shall adopt as
23i regulations subdivision standards which shall be applicable to
24~:i each plat submitted which regulations shall be available without
25~~ cost to any person requesting the same.
26 Section 23. Final Plat--Submission to Council. A final
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m plat shall be filed with the City Engineer who shall acknowledge
28ireceipt thereof and that it meets the requirements of the City
29'i and shall forward the original to the City Council, via the
30 Planning Agency for final approval.
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Ordinance 82-17
Page 17
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Section 24. Bond in lieu of actual construction of
improvements prior to approval of final plat -- Bond or security
to assure successful operation of improvements. In lieu of the
completion of the actual construction of any required improve-
ments prior to the approval of a final plat, the City Council may
accept a bond, in an amount and with surety and conditions
satisfactory to it, or other secure method, providing for and
securing to the City the actual construction and installation of
such improvements within a period specified by the City Council
10i~ and expressed in the bonds.
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In addition, the City Council may
require the posting of a bond securing to the City the successful
operation of improvements for an appropriate period of time up to
two years after final approval. The City is hereby granted the
power to enforce bonds authorized by all appropriate legal and
equitable remedies. Improvements such as structures, sewers, and
water systems shall be designed and certified by or under the
17i supervision of a registered civil engineer prior to the
18~! acceptance of such improvements.
Section [~4] 25. Final Plat - Council Determination -
Approval or Disapproval. The City Council shall, at its next
21ipublic meeting or any continued meeting, determine
ZZ! (1) Whether conditions imposed when the preliminary plat
was approved have been met;
24 (2) Whether the bond, if there be one, by its essential
25 terms assure completion of improvements;
26 (3) Whether the public use and interest will be served by
27 approving the proposed final plat;
28 (4) Whether the requirements of State lawL [e~] this
29 OrdinanceL the comprehensive plan, the zoning code and any other
30 applicable land use ordinance5 have been satisfied by the
31 Subdivider.
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Ordinance 82- 17
Page 18
1 The Council shall thereupon approve or disapprove the
2 proposed final plat. Final plats shall be approved, disapproved
5 or returned to the applicant within 30 days of the filing
4 thereof, unless the applicant consents to an extension of such
5 time period.
6 If the Council approves the final plat, such approval shall
7 be suitably inscribed and executed on the face of the plat. The
8 City shall file [~e-~e~n~y-A~e~-s½a½~-~e] the original of
9 the final plat for record with the County Auditor and return the
10 reproducible copy thereof to the City Engineer who shall forward
11 one paper copy to the County Assessor, and retain the
12 reproducible in the files of the City Engineer. The City
13 Engineer shall also furnish a reproducible copy of the record
14 plat, without cost, to the land surveyor representing the
15 subdivider.
16 Any lots in a final plat filed for record shall be a valid
17 land use notwithstanding any change in zoning laws for a period
18 of five years from the date of filing. A subdivision shall be
19 governed by the terms of approval of the final plat, and the
20 statutes, ordinances, and regulations in effect at the time of
21 approval by the City Engineer and/or City Health Officer under
22 Section 10 of this ordinance for a period of five years after
23 final plat approval unless the legislative body finds that a
24 change in conditions creates a serious threat to the public
25 health or safety in the subdivision.
26 Section 26. Requirements of Plat or Replat Filed of Record.
27 Every plat or replat of any property filed for record shall:
28 (1) Contain a statement of approval from the City Engineer,
29 as to the survey data, the layout of streets, alleys and other
30 rights of way, design of bridges, sewage and water systems, and
31 other structures;
Ordinance 82-17
Page 19
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(2) Be accompanied by a complete survey of the section or
sections in which the plat or replat is located, or as much
thereof as may be necessary to properly orient the plat within
such section or sections. The plat and section survey shall be
submitted with complete field and computation notes showing the
original or reestablished corners with descriptions of the same
and the actual traverse showing error of closure and method of
balancing. A sketch showing all distances, angles and calcula-
tions required to determine corners and distances of the plat
shall accompany this data. The allowable error of closure shall
not exceed one foot in five thousand feet. The survey of the
proposed subdivision and preparation of the plat shall be made by
or under the supervision of a registered land surveyor who shall
certify on the plat that it is a true and correct representation
of the lands actually surveyed.
(3) Be acknowledged by the person filing the plat before
17! the auditor of the county in which the land is located, or any
18~ other officer who is authorized by law to take acknowledgment of
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deeds, and a certificate of said acknowledgment shall be enclosed
or annexed to such plat and recorded therewith.
(4) Contain a certification from the proper officer or
officers in charge of tax collections that all taxes and delin-
quent assessments for which the property may be liable as of the
date of certification have been duly paid, satisfied or dis-
charged.
No engineer who is connected in any way with the subdividing
and platting of the land for which subdivision approval is
sought, shall examine and approve such plats on behalf of the
City.
Section 27. Certificate giving description and statement of
owners -- Certificate requirements for plat containing dedica-
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Ordinance 82-17
Page 20
tion. Every final plat of a subdivision filed for record must
contain a certificate giving a full and correct description of
the lands divided as they appear on the plat, including a
statement that the subdivision has been made with the free
consent and in accordance with the desires of the owner or
owners.
If the plat is subject to a dedication, the certificate or a
separate written instrument shall contain the dedication of all
streets and other areas to the public, and individual or individ-
uals, religious society or societies or to any corporation,
public or private as shown on the plat or short plat and a waiver
12! of all claims for damages against any governmental authority
13]which may be occasioned to the adjacent land by the established
14iconstruction, drainage and maintenance of said road. Said
15! certificate or instrument of dedication shall be signed and
16 acknowledged before a notary public by all parties having any
17~i ownership interest in the lands subdivided and recorded as part
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of the final plat.
Every plat containing a dedication filed for record must be
accompanied by a title report confirming that the title of the
lands as described and shown on said plat is in the name of the
owners signing the certificate or instrument of dedication.
An offer of dedication may include a waiver of right of
direct access to any street from any property, and if the dedica-
tion is accepted, any such waiver is effective. Such waiver may
be required by local authorities as a condition of approval.
Roads not dedicated to the public must be clearly marked on the
face of the plat. Any dedication, donation or grant as shown on
the face of the plat shall be considered to all intents and
purposes, as a quitclaim deed to the said donee or donees,
Ordinance 82-17
Page 21
1 grantee or grantees for his, her or their use for the purpose
2 intended by the donors or grantors as aforesaid.
5 Section [~] 28. Development of Illegally Divided Land -
4 Innocent Purchaser for Value. An application for a building
5 permit, septic tank or other development permit for any lot,
6 tract or parcel of land divided in violation of State Law or this
7. Ordinance shall not be granted without prior approval of the City
8i Council, which approval shall only be given following a public
9~ meeting at which the applicant shall demonstrate to the satisfac-
10 tion of the Council -that:
11 (1) The applicant purchased the lot, tract or parcel for
12 value;
13 (2) The applicant did not know, and could not have known by
14 the exercise of care which a reasonably prudent purchaser would
15 have used in purchasing the land, that the lot, tract or parcel
16 had been part of a larger lot, tract or parcel divided in viola-
17 ~i tion of State Law or this Ordinance.
18 Section [56] 29. Development of Illegally Divided Land -
19 Public Interest Determination. No application for a building
20 permit, septic tank permit or other development permit for any
21 lot, tract or parcel of land divided in violation of State Law or
22 this Ordinance shall be granted, nor shall such permit be granted
23 during the processing of preliminary plat, without prior approval
24 of the Council. Such approval shall only be given following a
25 public meeting at which the applicant shall demonstrate to the
26 satisfaction of the Council that:
27 (1) The Health Office has certified that the proposed means
28 of sewage disposal and water supply on and to the lot, tract or
29 parcel are adequate;
30 (2) The City Engineer has certified that the lot, tract or
31i parcel is served with an adequately-designed means of ingress and
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Ordinance 82-17
Page 22
egress, and with adequate drainage facilities, none of which
interfere with or impair existing or planned public highway and
drainage facilities in the vicinity;
(3) The Planning [~emm~ss~e~] Agency has certified that the
proposed development conforms to the Comprehensive Plan and all
zoning regulations;
(4) The proposed development will not adversely affect the
safety, health or welfare of adjacent property owners, or inter-
fere with their enjoyment of their property.
[~ee~o~-~=--Vef~e~ees=--Any-~e~es~-~e~-e-~e~e~ee-~em-
12;! ~ee~s~en-me~e-~y-a-~y-o~ieia½-~n-~he-a~m~s~e~e~-e~-~s
14 Appea~s-~o~-a~ee~en-~R-aeee~anee-w~h-~½e-pe~e~es-en~
15i
16.i Section [ag] 30. Violation - Penalty. Any person, firm or
1~ corporation, or association or any agent thereof who violates any
18 provision of this Ordinance relating to the sale, offer for sale,
19 lease, transfer of any lot, tract or parcel of land, shall be
20 guilty of a misdemeanor punishable by a fine of not more than
21 $500.00 for each offense. Each sale, offer for sale, lease or
~2 transfer of each separate lot, tract or parcel of land in
~3 violation of any provision of this Ordinance shall be deemed a
separate and distinct offense.
~5 Section 31. Injunctive action to restrain subdivision,
~6 transfer of land where plat not filed. Whenever any parcel of
27 land is divided into [~e] five (5) or more lots, tracts, or
2~ parcels of land and any person, firm or corporation or any agent
29 of any of them sells or transfers, or offers or advertises for
~0 sale or transfer, any such lot, tract, or parcel without having a
~!]i final plat of such subdivision filed for record, the City
Ordinance 82- 17
Page 23
Attorney shall commence an action to restrain and enjoin further
subdivision or sales, or transfers or offers of sale or transfer
and compel compliance with all provisions of this ordinance. The
costs of such action shall be taxed against the person, firm,
corporation or agent selling or transferring the property.
Section 32. Agreements to transfer land conditioned on
final plat approval--Authorized. If 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
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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 Section 30 or 31 and does not violate any
provision of this ordinance. 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.
Section 33. Enforcement. Whenever land within a sub-
division granted final approval is used in a manner or for a
purpose which violates any provision of this ordinance or RCW
58.17, or any term or condition or plat approval prescribed for
the plat by the City, then the City Attorney may commence an
action to restrain and enjoin such use and compel compliance with
this ordinance or state law or with such terms or conditions.
The costs of such action may be taxed against the violator.
Section 34. Permanent control monuments. Permanent control
monuments shall be established at each and every controlling
corner on the boundaries of the parcel of land being subdivided,
in the number and at such location as the City Engineer's office
shall determine.
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Ordinance 82- 17
Page 24
Section 35. Amendments. Notice of proposals to adopt,
amend or repeal this Ordinance shall be posted no less than ten
(10) days in advance of City action regarding any such proposal.
In addition, notice of any such proposal shall be mailed to
individuals and organizations which have submitted requests for
notice at least ten (10) days prior to City action regarding the
proposal. The City may charge such persons or organizations the
costs of photocopying and mailing such notices.
Section [58] 36. Severability. If any provision of this
Ordinance or its application to any person or circumstance is
held invalid, the remainder of this Ordinance or the application
of the provision to other persons or circumstances shall not be
affected.
Section 37. Repealer. Ordinances 77-7 and 80-25 are hereby
repealed.
Section [30] 38. APPROVED by the Winslow City Council on
June 7 , 1982, and forwarded to the State of
~qashington Office of Community Development for a 30-day review
period, pursuant to RCW 58.17.270, on June 8, 1982
Section [3½] 39. Effective Date. This Ordinance, having
elicited no comments during the 30-day review period subsequent
to its receipt by the Office of Community Development, shall
become effective on July 13, 1982 , by posting in the
manner provided by law.
Ordinance 82-17
Page 25
PASSED by the City Council of the City of Winslow in the
final adoptive form this 2~h day of J~]y , 1982.
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AT !
A JEA XTON
Clerk/Treasurer
APPROVED:
~ THOMAS M. WALSH
14 City Attorney
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ALICE B. TAWRESEY ~
Mayor
I do hereby certify this Ordinance was signed by the Mayor this
8th day of July , 1982, and thereafter posted this
8th day of ~] , 1982, at the Ferry Terminal, Chamber
of Commerce, Ci Fall Effective July 13~ 1982 ·
t .
J
Clerk/Treasurer
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S E A L
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