ORD 75-07 SHORT PLATS AND SUBDIVISIONSORDINANCE NO. 75-7
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-
MENTS, FEES AND APPOINTING AN ADMINISTRATOR FOR THE
APPROVAL OF SAID SHORT PLATS OR SUBDIVISIONS, REPEAL-
ING ORDINANCE NO. 4] AND ORDINANCE NO. 75-6.
The City Council of the City of Winslow do ordain as fol-
lows:
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 purpose of sale or lease into two or more, but
less than five lots, parcels, or tracts, shall be undertaken within
the city limits of the City of Winslow without having first ob-
tained approval thereof from the official designated for the
approval of short plats and short subdivisions.
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 subdivisions,
are hereby adopted by reference.
Section 4. Administrative Official - Duties. The City En-
gineer 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.
Section 5. Application - Procedure - Contents.
A. ~y person requesting the approval of a short plat - sub-
division, requiring administrative approval, shall submit a short
plat - subdivision application to the City Engineer which shall be
~ccompaaied by a fee of $25.00 for the cost of processing said
application. Any application shall be supplied on forms provided
~y the City Engineer.
B. The application form shall contain, but not be limited to,
the name and address of the applicant, the relation of the appli-
cant to the property, a legal description of the property to be
divided and the divisions thereof, the common address of the prop-
erty, the present zone classification, the approximate area in
acres or square feet, the proposed minimum lot sizes, the proposed
utilities, and proposed water and sewage disposal systems.
or private, as shown on the short plat - subdivision.
2. A waiver of all claims for damages against any govern-
mental authority which may be occasioned to the adja-
cent land by the established construction, drainage
and maintenance of said road or other improvements.
C. The certificate shall be signed and acknowledged before
a notary public by all parties having any interest in the lands
subdivided.
Section 7. Department Reviews - Approval. If the City En-
gineer determines that the proposed short plat - subdivision con-
tains 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 ~re not limited to, health, fire, police, planning
.~gency, and utilities.
Section 8. Environmental Compliance. Pursuant to the pro-
visions of Winslow Ordinance 74-3, unless a short plat - subdivi-
sion falls within the provisions of Section 6 of said Ordinance,
no environmental assessment shall be required prior to approval of
the short plat - subdivision application.
Section 9. Approval and Filing. If after receiving the com-
ments from all departments, the City Engineer finds that the short
plat meets all necessary requirements, he shall within a period
not in excess of twenty (20) days from the ~ate of the application,
submit his decision of approval to the applicant; provided, that
if an environmental impact assessment and/or statement is required,
!ander the provisions of Ordinance 74-3, the time required to pre-
pare and circulate the same shall not be included in the twenty
(20) days from the date of the application. After approval the
applicant shall file the short plat with the Kitsap County Auditor
and no short plat - subdivision shall be deemed approved until
so filed.
Section 10. Disapproval - Notification. If the City En-
gineer disapproves the proposed short plat - subdivision, he shall
motify the applicant, in writing, of the specific reason for his
disapproval within a period not to exceed twenty (20) 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
twenty (20) days from the date of application.
Section ll. Appeal Procedures. Any person aggrieved by the
decision of the City Engineer may request a review of that deci-
sion by the City Council. Such request must be in writing to the
City and filed with the City Clerk within ten (10) working days
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C. Each application form shall be dated and signed by the
applicant or his designated and authorized agenio.
D. As a part of t~e application, there shall be attached
five (5) printed copies of a short plat oK' subdivision, drawn to
scale, of the property being divided. All such short plats or
subdivisions shall be prepared by a registered land surveyor, un-
less this requirement is expressly waived by the City Engineer.
E. Each short plat - subdivision shall contain the follow-
ing minimum requirements:
1. The names of any adjacent subdivisions;
Lines marking the original boundaries of the site,
and the proposed lots, including all dimensions and
bearings.
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 ac-
companied by an o~ership certificate furnished by an authorized
title insurance company confirming that the title of the lands as
described and sho'~a on said plat - subdivision is in the name of
the o~aers 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 dedica-
tion is accepted, any such waiver is affected. Such waiver may be
required by the City as a condition of approval. Roads not dedi-
cated 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 quit claim
deed to the said donee or donees, grantee 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 certificate
on the face thereof which includes the following information:
1. A full and correct description of the lands divided.
2. A statement that the short plat - subdivision has
been made with the free consent and in accordance
with the desires of the owner(s).
B. If the short plat - subdivision includes any dedications
of areas, then in ~ddition to the above requirements, the certifi-
cate 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 corporation, public
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from the date of the City Engineer's decision. Such appeal shall
be heard by the City Council under the same procedures established
for review of recommendations by the Planning Commission.
Section 12. Resubdivision. Land in short subdivisions 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 13. Violation - ~fajunction. In the event any sub-
division and sale of loLs o~curs 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. Severability. If any provision of this Ordi-
nance 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 15. Repealer. Ordinances Numbered 41 and 75-6 are
hereby repealed.
day o / , 1975.
ATTEST:
CITY CLERK/TREASURER
· Yu~.YOR /~
APPROVED AS TO FORM:
Robert W. McKisson
of Beresford, Booth Lehne & McKisson
City Attorneys for the City of Winslow
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