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ORD 90-19 SUBDIVISIONS OF LANDORDINANCE NO. 90-19 AN ORDINANCE of the City of Winslow, Washington, relating to subdivisions of land; amending Sections 17.04.070 (B), 17.04.190, 17.04.250 (B), and 17.12.090 of the Winslow Municipal Code; and adding new Sections 17.04.360, 17.04.370, and 17.12.050 (H), and (I) to the Winslow Municipal Code. WHEREAS, recemt amendments to the statutes relating to subdivisions of land require that certain sections of the Winslow Municipal Code relating to subdivisions of land be amended; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 17.04..070 (B) of the Winslow Municipal Code is amended to read as follows: B. If the proposed subdivision ((is adjacent to)) adjoins the corporate limits of the city, specific notice by U.S. mail shall be given to the planning director of the county, and if the proposed subdivision is adjacent to the right-of-way of a state highway or within two miles of the boundaries of a state or municipal airport, specific notice by U.S. mail shall be given to the Secretary of the State Department of ((Highways)) Transportation, Olympia, Washington. Section 2. Section 17.04.190 of the Winslow Municipal Code is ameded to read as follows: A. 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: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets o__r roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, ((sites for)) schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walkinK conditions for students who only walk to and from school; and ((determine)) (b) whether the public interest will be served by the subdivision and dedication. B. ((If it finds that the proposed plat makes)) A proposed subdivision and dedication shall not be approved unless the city council makes written findings that: (a) appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, ((sites for)) schools and school grounds and all other relevant facts, includinK sidewalks and other planninK features that assure safe walkinK conditions for students who only walk to and from school; and ((that)) (b) the public use and interest will be served by the platting of such subdivision ((,then it shall be approved)) and dedication. If it finds that the proposed ((plat does not make)) subdivision and dedication makes such appropriate provisions ((or)) and that the public use and interest will ((not)) be served, then the city council ((may disapprove)) shall approve the proposed ((plat)) subdivision and dedication. Dedication of land to the city o__r any other public body designated by the city~ provision of public improvements to serve the subdivision, and/or impact fees under Chapter 82.02 RCW may be required as a condition of subdivision approval ((and))L Dedications shall be clearly shown on the final plat. N__o dedication, provision of public improvements, o__r impact fees imposed under chapter 82.02 RCW shall be allowed that constitutes an unconstitutional takinK of private property. The city council shall notz as a c'gndition to the approval of any ((plat)) subdivision, require a release from damages to be procured from other property owners. Section 3. Section 17.04.250 (B) of the Winslow Municipal Code is amended to read as follows: B. 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 calculations 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. ((;)) Whenever ~ survey of a proposed subdivision reveals ~ discrepancy, the discrepancy shall be noted on the face of the final plat... Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filinK of the final plat. A__s used i__n this subsection, "discrepancy" means a boundary hiatus, a__n overlappinK boundary, o__r~ physical appurtenance, which indicates encroachment, lines of possession o__r conflict of title. -2- Section 4. A new section is added to Chapter 17.04 of the Winslow Municipal Code as follows: 17.04.360 Vacation of subdivision - Procedure. A. 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 file an application for vacation with the city council. the application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. 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. When the vacation application is specifically for a city street, the procedures for street vacation in chapter 35.79 RCW shall be utilized for the street vacation. When the application is for the vacation of the plat together with the streets, the procedure for vacation in this section shall be used, but vacations of streets may not be made that are prohibited under RCW 35.79.035. C. The city council shall give notice as provided in Section 17.04.070 and shall conduct a public hearing on the application for a vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. 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 city, shall be deeded to the city unless the city council shall set forth findings that the public use would not be served in retaining title to those lands. D. 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 street, and the city 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 the city council. When the 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 street -3- shall vest with the owner or owners of property contained within the vacated subdivision. E. This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands. Section 5. A new section is added to Chapter 17.04 of the Winslow Municipal Code as follows: 17.04.370 Alteration of subdivision -Procedure. A. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in Section 17.04.030 (E), that person shall submit an application to request the alteration to the city council. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration 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 alteration of the subdivision or portion thereof. B. Upon receipt of an application for alteration, the city council shall provide notice of the application to all owners of property within the subdivision, and as provided for in Section 17.04.070. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 days of receipt of the notice. C. The city council shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. 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. D. After approval of the alteration, the city council shall order the applicant to produce a revised drawing of the approved alteration of the final plat, which -4- after signature of the city council shall be filed with the county auditor to become the lawful plat of the property. E. This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands. Section 6. The following new subsections are added to Section 17.12.050 of the Winslow Municipal Code: H. Whenever the City receives an application for the approval of a short plat of a short subdivision that is located adjacent to the right-of-way of a state highway, the land use administrator shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Transportation. The Department shall, within 14 days after receiving the notice, submit to the land use administrator a statement with any information that the Department deems to be relevant about the effect of the proposed short subdivision upon the legal access to the state highway, the traffic carrying capacity of the state highway and the safety of the users of the state highway. I. When an alteration or vacation of a short plat or short subdivision involves a public dedication, the alteration or vacation shall be processed as provided in Section 17.04.360 and 17.04.370. Section 7. Section 17.12.090 of the Winslow Municipal Code is amended to read as follows: A. If, after receiving the comments from all departments, the land use administrator or city engineer finds that the short plat meets all necessary requirements, the land use administrator or city engineer shall within a period not to exceed 30 days from the date of the application, submit a 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, codified at Chapter 16.04, the time required to prepare and circulate the same shall not be included in the 30 days from the date of the application. The land use administrator's or city engineer's decision shall be in writing and shall include findings of fact that are. ~ppropriate, a__s provided i_Sn Section 17.04.190, and that the proposed short subdivision is in conformity with the comprehensive plan, the zoning ordinance, this chapter, and any other applicable land use ordinances. After approval, the land use administrator or city engineer shall file the short plat with the county auditor and no short plat shall be deemed approved until so filed. -5- B. Whenever ~ survey of~ proposed short subdivision reveals a disrcepancy, the discrepancy shall be noted on the face of the short plat. Any discrepancy shall bJ disclosed in a title report prepared by a title insurer and issued after the filinR of the short plat. As used in this subsection, "discrepancy" means a boundary hiatus, a__n overlappinR boundary, o_Er~ physical appurtenance, which indicates encroachment, lines of possession, o__r conflict of title. Section 8. This ordinance shall take effect and be in force five days from and after its passage, approval, publication and posting as required by law. PASSED by the city council this 5th day of , 1990. 1990. APPROVED ATTEST/AUTHENTICATE: by the Mayor this 5th day of July , · S_~.~./J ATO, Mayor APPROVED AS TO FORM: ROD P. KASEGUMA, City Attorney FILED WITH THE CITY CLERK: July 5, 1990 PASSED BY THE CITY COUNCIL: July 5, 1990 PUBLISHED: July 11, 1990 POSTED: July 11, 1990 EFFECTIVE DATE: July 16, 1990 ORDINANCE NO. 90-19 -6-