Chapter 16.16 - SUBDIVISIONS

Every division of land for the purpose of sale, lease or transfer into five or more lots, parcels or tracts within the town shall proceed in compliance with this chapter.

(Ord. 496 § 3.0(a), 1999: Ord. 462 § 3.0(a), 1998)

16.16.020 - Resubdivision of platted lots.

A. The division of any lot within a recorded subdivision plat shall be replatted in accordance with the procedures for subdivisions as provided in this chapter.

B. Lot lines within an existing subdivision may be adjusted in accordance with the procedures of Chapter 16.28, Boundary Line Adjustment, without replatting, providing that no new or substandard lots are created.

(Ord. 496 § 3.0(b), 1999: Ord. 462 § 3.0(b), 1998)

16.16.030 - Preliminary plat procedures—Application requirements.

A. Preapplication Meeting. Prior to filing a preliminary plat application, the developer shall confer with the administrative official and submit a sketch of the proposed subdivision. The administrative official shall advise the developer as to procedure, conformity to ordinances and comprehensive plan policies applicable to the proposed development.

B.   Application for Subdivision. Application for a preliminary plat approval shall consist of the following:
               1.   A general application form, completed and signed by the property owner or his or her authorized agent;
2.   Twelve (12) copies of the preliminary plat (as prepared by or under the supervision of a registered professional engineer
                  or registered land surveyor), one reproducible copy and any supplemental material prepared in accordance with Chapter 16.36,
                  Table of Required Information;
               
3.   A title report verifying ownership of and encumbrances on the property as required by RCW 58.17.165 and including the names
                  and addresses of all affected property owners within three hundred (300) feet of the subject property and all contiguous property
                  under the ownership or control of the applicant; and
               
4.   A completed SEPA environmental checklist if required, and prepared in accordance with RCW 43.21C (SEPA).

(Ord. 620 §§ 2, 3, 2006; Ord. 496 § 3.1, 1999: Ord. 462 § 3.1, 1998)

16.16.040 - Administrative review.

A. Review Procedure. The administrative official, after issuing the determination of completeness, including the preliminary determination of consistency (in accordance with procedures established in RCW 36.70B.030 and 36.70B.070) for the preliminary plat application, shall distribute copies to the following affected agencies, such as, but not limited to the: Yakima County health district, Naches/Wapatox Irrigation District, Yakima County Fire District No. 3, Yakima County public utility district, Kel-Lowry Ditch Company, Naches School District, Yakima County assessor, town engineer, etc. for review and comment.

B.   Technical Review. The administrative official, with the assistance of reviewing agencies shall determine if the proposal conforms
               to the policies, standards and accepted design principles for the following:
               1.   The comprehensive plan and zoning code;
2.   Public facilities, including but not limited to adequate transportation, facilities, stormwater, drainage, water supply, sewage
                  disposal, streets, sidewalks, bicycle, pedestrian and nonmotorized transportation, street lights, fire protection facilities,
                  easements and utilities within and around the proposed subdivision;
               
3.   The proposed lots have adequate means of ingress and egress in accordance with the provisions of this title; and
4.   The public interest will be served by the subdivision and/or dedication.

C. Staff Report and Recommendations. Based on the information provided by the applicant for the proposed preliminary plat and the technical and design analysis of the proposed subdivision provided by affected agencies, the administrative official may compile a staff report and recommendations to be presented to the planning commission prior to the open record public hearing on the preliminary plat.

(Ord. 496 § 3.2, 1999: Ord. 462 § 3.2, 1998)

16.16.050 - Hearing notice.

A. When a preliminary plat has been submitted to the town, the town clerk shall establish the date and time for a public hearing before the planning commission.

B. The costs of publishing the hearing notice and/or notice of application, generating mailing labels and mailing of notices shall be provided for by the applicant.

C. The notice of the public hearing, stating the time, place and purpose for which the hearing is held, shall be published not less than fifteen (15) days prior to the hearing, in a newspaper of general circulation within the town. The notice of public hearing shall also be mailed by the town at least fifteen (15) days prior to the date of the hearing, to the owners of all properties located within three hundred (300) feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. Notice shall also be given to the state Department of Transportation (DOT) in accordance with RCW 58.17.080, as it now exists or is hereafter amended, when the proposed subdivision is located adjacent to the right-of-way of a U.S. (federal) highway as DOT regulates access and maintenance on federal highways.

D. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or written description other than a legal description. Additional notice of application shall be given as provided in RCW 36.70B.110.

(Ord. 496 § 3.3, 1999: Ord. 462 § 3.3, 1998)

16.16.060 - Planning commission public hearing.

A. The planning commission shall consider the staff report and other agency reports, public testimony and all other relevant facts and consider whether the proposed subdivision makes appropriate provisions for, but not limited to, public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and whether the public use and interest will be served by the platting of such subdivision. If the planning commission finds the proposed subdivision does make such appropriate provisions and that the public use and interest will be served, then the planning commission shall recommend approval of the preliminary plat to the town council. If the planning commission finds that the proposed subdivision does not make such appropriate provisions, or that the public use and interest will not be served, then the planning commission shall recommend disapproval of the preliminary plat.

B. The planning commission shall not later than ten (10) business days following the conclusion of the public hearing, express a recommendation for approval and may state conditions, if any, for such approval, or recommend disapproval. The recommendation of approval or disapproval shall be based upon the factors specified in this Section, Section 16.16.080, and RCW 58.17.110. Every such recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation.

C. Recommended conditions to be fulfilled, if any, after approval of the preliminary plat shall be written on the face of the plat or incorporated in the planning commissions written recommendation.

D. The town clerk shall, upon receipt of the recommendation of the planning commission, immediately transmit a copy of the recommendation to the town council, the town engineer, the Yakima County health district, the subdivider and the subdivider's surveyor. A record of the public hearing shall be kept by the town and shall be open to public inspection.

(Ord. 496 § 3.4, 1999: Ord. 462 § 3.4, 1998)

16.16.070 - Town council hearing.

The town council upon receipt of a recommendation on any preliminary plat shall, at its next public meeting, set the date for a closed record hearing to consider the matter in accordance with the procedures and standards for conducting a closed record hearing. A record of the closed record public hearing shall be kept by the town and shall be open to public inspection.

(Ord. 496 § 3.5, 1999: Ord. 462 § 3.5, 1998)

16.16.080 - Disapproval due to flood, inundation or swamp conditions.

Pursuant to RCW 58.17 as it now exists or is hereafter amended, the planning commission shall consider the physical characteristics of the proposed subdivision site and may recommend disapproval of a proposed plat because of flood inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted in the final plat or in the planning commission's recommendation.

(Ord. 496 § 3.6, 1999: Ord. 462 § 3.6, 1998)

16.16.090 - Approval—Abandoned orchard removal prerequisite.

Before final approval is given any plat, removal of an abandoned fruit orchard within the plat may be recommended by the planning commission as a condition of approval in order to protect existing orchards from pest and disease associated with abandoned orchards; provided that the recommendation may suggest designated trees to remain standing on individual lots for the use and enjoyment of the home owners; provided, further, that an effective program of pest and disease control is carried out by the property owners on the remaining trees pursuant to Chapter 15.08 RCW, as it now exists or is hereafter amended.

(Ord. 496 § 3.7, 1999: Ord. 462 § 3.7, 1998)

16.16.100 - Preliminary plat— Expiration of approval— Extension—Conditions.

A. Approval of preliminary plats of proposed subdivisions shall expire three years from the day of town council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty (30) days prior to such expirations, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period.

B. The town council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the Planning Commission's oral recommendation.

C. Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted.

(Ord. 496 § 3.8, 1999: Ord. 485 §§ 1, 2, 1998; Ord. 462 § 3.8, 1998)

16.16.110 - Decision—Review of.

The decision of the town council on a preliminary plat is final and conclusive unless appealed to the superior court pursuant to the provisions of the Land Use Petition Act (RCW 36.70C).

(Ord. 496 § 3.9, 1999: Ord. 462 § 3.9, 1998)

16.16.120 - Final plat procedure.

A. Filing Period—Submission of Plans. At any time within twelve (12) months following the council's approval of a preliminary plat, the subdivider shall submit the original tracing and four copies of the proposed final plat design and other exhibits to the administrative official along with four copies of the improvement plans, profiles and specifications for streets, utilities and other required improvements to be constructed in the proposed subdivision.

B. Review by Administrative Official—Compliance with Preliminary Plat Approval. The administrative official shall review the proposed final plat for conformance to the preliminary plat as approved by the town council and the required information contained within Chapter 16.36, Table of Required Information. The administrative official shall then distribute a copy of the proposed final plat and required improvement plans to the town engineer.

C. Review by Town Engineer—Authorization to Construct Improvements. The town engineer shall check the final plat and improvement plans for compliance with Section 16.16.140 and Article I of Chapter 16.12, Design Standards and Improvement. Upon approval of the plans by the town engineer, the administrative official may authorize the developer to construct the required improvements within the eighteen (18) month period of the council's preliminary approval. No construction of public improvements may begin without written approval from the administrative official.

D. Completion of Improvements—Surety. As provided in RCW 58.17.130, required improvements not completed prior to council approval of the final plat shall be secured in favor of the town by a surety in an amount acceptable to the town. The surety shall equal one hundred fifty (150) percent of the estimated cost of completion as determined by the town engineer. The surety shall be acceptable to the town council upon approval of the final plat. In addition, bonds or other security may be required by the council securing to the town the successful operation of the improvements for up to two years after final plat approval. Sureties to guarantee required improvements are as follows:

1. Street Improvements Including the Pavement Section, Sidewalks, Sewer, Water and Street Lights. The developer may complete all required improvements prior to council approval of the final plat, provided that such completed improvements shall be acceptable to the town prior to submission of the final plat to the council.

2. Sidewalks. For sidewalk improvements as specified in Section 16.12.100(C), the developer agreement with accompanying surety shall include that the developer will install all remaining sidewalk improvements following the sale of fifty (50) percent of the lots.

(Ord. 496 § 3.10, 1999: Ord. 485 § 3, 1998; Ord. 462 § 3.10, 1998)

16.16.130 - Final plat—Dedications.

No plat shall be approved unless adequate provision is made in the subdivision for the dedication or reservation of drainage ways, streets, alleys, easements, parks, playgrounds and other general purposes as may be required by the SEPA process.

(Ord. 496 § 3.11, 1999: Ord. 462 § 3.11, 1998)

16.16.140 - Final plat survey and improvement plan standards.

A. Survey—Certification. The final plat shall be prepared by a land surveyor registered in the state of Washington, who shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. The surveyor's certificate shall include all required monuments, other than those approved and bonded for setting at a later date, that have been set and all lot corners that have been staked on the ground as depicted on the plat. All surveys shall conform to standard practices and principles for land surveying, including the Survey Recording Act, RCW 58.09.

B. Survey Data and Control Monumen-tation. (See Chapter 16.36, Table of Required Information).

C. Permanent Control Monuments—Settings. Permanent control monuments within the streets shall be set after the streets are paved. In the event a final plat is approved before streets are paved, the surety deposited to secure street completion shall include one hundred fifty (150) percent of the cost estimated by the town engineer for setting such monuments.

D. Detailed Construction Plan Standards. Final plans, profiles and specifications for streets, utilities and other required improvements shall be provided to the administrative official in a manner and form acceptable to the town engineer. Improvement plans shall conform to Section 16.12.160, Public facilities standard plans, and shall be made by or under the supervision of a Washington State registered professional engineer who shall stamp and sign all plans, profiles and specifications.

(Ord. 496 § 3.12, 1999: Ord. 462 § 3.12, 1998)

16.16.150 - Final plat acceptance— Recording.

A.   Prior to filing the final plat for council action, the administrative official shall make a determination that:
               1.   The proposed final plat meets all standards established by state law and this title;
2.   The proposed final plat bears the certificates and statements of approval required by law (see subsection 36 of Chapter 16.36,
                  Table of Required Information);
               
3.   A title insurance report furnished by the developer confirms that the title of the land in the proposed subdivision is vested
                  in the name of the owners having a title interest and whose signatures appear on the plat's certificate;
               
4.   The developer has provided any required surety in a form commensurate with improvements required to be completed as described
                  in Section 16.16.120(D).
               

B. Filing for Council Action. RCW 58.17.140 provides that the council shall act on the final plat within thirty (30) days from the date of filing thereof. For this purpose, the date of filing shall be construed to be the date the administrative official has submitted the final plat to the council after all administrative requirements of this title have been met.

C. Council Determination. The council shall determine that the conditions imposed on the approved preliminary plat have been met and that any required surety is adequate to assure completion of the required improvements not already completed.

D. Certification and Recording. If approved, the council shall certify its acceptance by authorizing the mayor to sign a statement to that effect on the face of the plat. One mylar base or reproducible copy and three paper copies shall be furnished to the town. The town clerk shall then forward one mylar base or reproducible copy thereof to the town engineer and one paper copy to the county assessor. The applicant shall submit the required recording fee to the town clerk who shall record the final plat with the county auditor.

(Ord. 496 § 3.13, 1999: Ord. 462 § 3.13, 1998)