ORD 82-18 SHORT PLATS AND SUB-DIVISIONSALK:ehk
5/6/82
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ORDINANCE 82-18
AN ORDINANCE OF THE CITY OF WINSLOW RELATING TO SHORT
PLATS AND SUBDIVISIONS PURSUANT TO RCW 58.17 ET SEQ.,
ESTABLISHING REGULATIONS, PROCEDURES, FILING REQUIRE-
HENTS, FEES AND APPOINTING AN ADMINISTRATOR FOR THE
APPROVAL OF SAID SHORT PLATS OR SUBDIVISIONS, REPEAL-
ING ORDINANCE NOS. 75-7, 77-23 AND 80-30.
The City Council of the City of Winslow do ordain as
follows:
Section 1. Short Title. This ordinance shall be known and
may be referred to as the "Winslow Short Plat Ordinance."
Section 2. Administrative Approval Required. No division
of land for the purDose of sale or lease into two or more, but
less than [~ve] 5 (five) lots, parcels, or tracts, shall be
undertaken within the city limits of the City of Winslow without
having first obtained approval thereof from the official
designated for the approval of short plats and short sub-
divisions.
Section 3. Policy - Definitions - Exemptions. The policy,
definitions and exemptions as set forth in RCW 58.17,010,
58.17.020, and 58.17,040, relating to short plats and short sub-
divisions, are hereby adopted by reference.
Section 4. Administrative Official - Duties. The City
Engineer is vested with the duty of administering the provisions
of this ordinance, including the preparation of forms necessary
for its implementation; and, the City Engineer is hereby granted
the authority to summarily approve or disapprove of short plat
subdivision applications in conformity with the regulations set
forth in this ordinance.
Ordinance 82-18
Page 2
1 Section 5. Application - Procedure - Contents.
2 A. Any person requesting the approval of a short'plat-
3 subdivision, requiring administrative approval, shall submit a
4 short-plat-subdivision application to the City Engineer which
5 shall be accompanied by a fee [e~-~=0~] as set by the
6 applicable City fee schedule for the cost of processing said
7 application and filing the required documents with the Kitsap
8 County Auditor's office. Application shall be made on forms
91 provided by the City Engineer.
10 B. The application form shall contain, but not be limited
11 to, the name and address of the applicant, the relation of the
12 applicant to the property, a legal description of the property
13 to be divided and the divisions thereof, the common address of
14 the property, the present zone classification, the approximate
15.~ area in acres or square feet, the proposed minimum lot sizes,
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the proposed utilities, and proposed water and sewage disposal
systems.
C. Each application form shall be dated and signed by the
applicant or his designated and authorized agent.
D. As a part of the application, there shall be attached
five (5) printed copies of a short plat or subdivision, drawn to
scale, of the property being divided. All such short plats or
subdivisions shall be prepared by a registered land surveyor,
unless this requirement is expressly waived by the City
Engineer.
E. Each short plat - subdivision shall contain the
following minimum requirements:
1. The names of any adjacent subdivisions;
2. Lines marking the original boundaries of the
site, and the proposed lots, including all
dimensions and bearings.
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Ordinance 82-18
Page 3
3. Dimensions, names and location of existing roads
and ways, within or adjacent to the tract.
4. Location of existing structures, with respect to
all property boundaries, to determine compliance
with the zoning ordinance.
F. Every short plat - subdivision application must be
accompanied by an ownership certificate furnished by an
authorized title insurance company confirming that the title of
the lands as described and shown on said plat - subdivision is
in the name of the owners signing the certificate.
G. An offer of dedication may include a waiver of right-
of-direct access to any street from any property, and if the
dedication is accepted, any such waiver is effected. Such
waiver may be required by the City as a condition of approval.
!i Roads not dedicated to the public must be clearly marked on the
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i face of the plat. Any dedication, donation or grant as shown on
1Vthe face o£ the plat shall be considered to all intents and
18 purposes, as a quit claim deed to the said donee or donees,
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igrantee or grantees, for his, her or their use for the purpose
intended by the donors or grantors as aforesaid.
Section 6. Certificates.
A. All short plats - subdivisions must contain a certif-
icate on the face thereof which includes the following informa-
tion:
A full and correct description of the lands
divided.
A statement that the short plat - subdivision has
been made with the free consent and in accordance
with the desires of the owner(s).
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Ordinance 82-18
Page 4
B. If the short plat - subdivision includes any dedica-
tions of areas, then in addition to the above requirements, the
certification shall contain:
1. The dedication of all streets and other areas to
the public, and individual or individuals,
religious society or societies, or to any cor-
poration, public or private, as shown on the
short plat - subdivision.
2. A waiver of all claims for damages against any
governmental authority which may be occasioned to
the adjacent land by the established construc-
tion, drainage and maintenance of said road or
other improvements.
C.The certificate shall be signed and acknowledged
before a notary Dublic by all parties having any interest in the
lands subdivided.
Section 7. Department Reviews - Approval. If the City
Engineer determines that the proposed short plat - subdivision
contains sufficient elements and data to furnish a basis for
approval or disapproval, he shall forward the short plat -
subdivision to appropriate departments of the City for review.
These departments may include, but are not limited to, health,
fire, police, planning agency, and utilities.
Section 8. Environmental Compliance. The environmental
review of short subdivisions is governed by the State Environ-
mental Police Act (SEPA), state regulations promulgated
pursuant to SEPA, and the Winslow SEPA Ordinance 74-3 as
amended. These laws provide that short subdivisions are generally
exempt from environmental review, except in certain circumstances
enumerated therein.
~ection 9. Approval and Filing. If after receiving the
comments from all departments, the City Engineer finds that the
short plat meets all necessary requirements, he shall within
Ordinance 82-18
Page 5
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a period not to exceed [~wen~y-~0~] thirty (30) days from the
date of the application, submit his decision of approval to the
applicant, provided that if an environmental impact assessment,
and/or statement is required under the provisions of the Winslow
SEPA Ordinance [~8-~] the time required to prepare and
circulate the same shall not be included in the [~we~y-~8~-]
~hirty (30) days from the date of the application. The City
Engineer's decision shall be in writing and shall include
findings of fact that the proposed short subdivision is in
conformity with the comprehensive plan, the zoning ordinance,
this ordinance and any other applicable land use ordinances.
After approval the City Engineer (or his designee) shall file
the short plat with the Kitsap County Auditor and no short plat
shall be deemed approved until so filed.
Section [~8~] 10. Disapproval - Notification. If the City
Engineer disapproves the proposed short plat - subdivision, he
shall notify the applicant, in writing, of the specific reason
for his disapproval within a period not to exceed [~weR~y-~8~]
thirty (30) days from the date of the application; provided,
that if an environmental impact statement and/or assessment is
required, the time required to prepare and circulate the same
shall not be included in the [~wen~y-~8~] thirty (30) days from
the date of application.
Section [~½r] 11. Appeal Procedures. Any person aggrieved
by the decision of the City Engineer may request a review of
~that decision by the Hearing Examiner. Any such request must be
27' in writing to the City and filed with the City Clerk within ten
28 (10) working days from the date of the City Engineer's decision.
29 Any review by the Hearing Examiner shall be pursuant to Section
30 7, Administrative Hearings, of Ordinance 76-19 as amended.
Ordinance 82-1
Page 6
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Section [½~r] 12. Resubdivision. Land in short subdivi-
sions may not be further divided within a period of five (5)
years without complying with the full platting procedures as set
forth in RCW 58.17, et seq. (Enacted Laws, 1st Ex. Sess. 1969,
Sh. 279, as amended).
Section [½~r] 13. Violation - Injunction. In the event
any subdivision and sale of lots occurs in violation of this
ordinance, the City Council may initiate an action to enjoin any
transfer, sale, agreement or option by authorizing the City
Attorney to apply for an injunction in the Superior Court of
Kitsap County. The costs of such action may be taxed against
the violator and costs may include a reasonable attorney's fee
as determined by the Court.
Section 14. 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 15. Severability. If any provision of this
Ordinance or its application to any person or circumstances is
held invalid, the remainder of this Ordinance or the application
of this Ordinance to other circumstances shall not be affected.
Section 16. Repealer. Ordinances Numbered [4½-a~-~-6]
75-7, 77-23 and 80-30 are hereby repealed.
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Ordinance 82-18
Page 7
PASSED by the City Council of the City of Winslow this
7th day of June , 1982.
ALICE B. TAWRE~EY~/U~
Mayor
ATTEST:
C1 ~I/F~~ ·
erk/Treasurer
APPROVED AS TO FO~4:
THOMAS M. WALSH
Winslow City Attorney
I do hereby certify this Ordinance was signed by the Mayor this
7th day of June , 1982, and thereafter posted
this 8th day of June , 1982, at the Ferry Terminal,
Chamber of Commerce, City Hall. Effective June 13, 1982
Clerk/Tre ON
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