HomeMy WebLinkAboutResolution 93-154-CCBOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
A RESOLUTION OF THE RESOLUTION NO.. 93-1 4 -CC
BOARD OF COUNTY
COMMISSIONERS AMEND- RESOLUTION ADOPTING PLANNING
ING THE GRANT COUNTY COMMISSION RECOMMENDATION
SHORT PLAT ORDINANCE
WHEREAS, on the 3rd day of December, 1.993, a hearing
was conducted by the Grant County Planning Commission pursuant
to amending the Grant County Short Plat Subdivision Ordinance
and;
WHEREAS, the proposed amendment appears to be.
reasonable and proper and to the best: interest of the citizens
of Grant County, and;
WHEREAS, the Board of County Commissioners held a
public meeting on the day of ,
1.993 and the determination was made to adopt the proposed
amendment;
NOW, THEREFORE, BE IT RESOLVED, that the Grant
County Short Plat/Short Subdivison ordinance is hereby amended
as follows:
SECTION 30. SHORT SUBDIVISIONS - PLAT STANDARDS
(1.4) Space for signatures of Grant County Treasurer.,
Grant County Subdivision Administrator, Grant
County Auditor
ADD: Public Works Director, and Board of County
Commissioners
CONE 114IS DAY OF
ATTEST
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Co•istitulin the Boord of County Commissioners
of Groh County, Washington
BILLIE M. SUMRALL, DIRECTOR
AREA CODE 509-754.2011. EXT. 386
COUNTY COURTHOUSE
P. O. BOX 37
EPHRATA, WASHINGTON 96877
December 3, 1.993RECEIVED
TO: BOARD OF COUNTY COMMISSIONERS DEC 7 X99;3
k5vrnvurCOMMISSIONERS
FROM: GRANT COUNTY PLANNING COMMISSION GRAM COUNTY, WASHINGTON
SUBJECT: PROPOSED AMENDMENT TO THE GRANT COUNTY SHORT PLAT
ORDINANCE
A publ.ic hearing was conducted on December 3, 1.993,
to discuss the proposed amendment to Section 30 of the
Short Plat ordinance - Pl.at Standards section which would
add the Public Works Director., and the Board of County
Commissioners signatures to the face of the short p1.at before
it can be fil.ed with the County Auditor.
The purpose of the amendment was that in the past
there have been comments from the Publ.ic Works Department that
have been made as recommendations, however once the pl.at has
been filed, the recommendations have gone by the wayside.
Also, with the Growth Management Act it was felt that the
Board of County Commissioners shoul.d be kept apprised of where
these short plats were being located. The Short Plat ordinance
does not require a hearing before the P1-anning Commission and
should have review by other affected agencies.
The proposed addition of the Commissioners signature
and Public Works Director was supported by Ster.l.ing Knudsen of
Knudsen Land Surveying. There was no one present at the meeting
voting against the proposal..
It was the unanimous recommendation of the Pl.anning
Commission that the above amendment be approved as stated.
�k.a4Lf- 1.1.y submitt d,
.ie M. Sumral.7.
Planning Director
AN ORDINANCE RELATING TO
SHORT PLATS AND SHORT SUBDIVISIONS
WHEREAS, Protection of the public health, safety and ,general welfare requires that the division
of any land into two or more lots proceed in accordance with standards to prevent the overcrowding
of land: to lessen congestion of streets and highways to provide adequate space, light and air; to
provide adequate facilities for water, sewage, solid waste, utilities, parks and recreation areas, sites
for schools and school grounds, and other public and general uses; to provide for proper ingress and
egress; and to require conveyancing by accurate legal description; and
WHEREAS, This Board had enacted an ordinance regulating the division of any land into five or
more lots in the unincorporated areas of Grant County, and has been vested with authority, by
Chapter 58.17 Laws of 1974, First Ex. Sess., to regulate what are referred to in the said statute as
short subdivision and short plats; and
WHEREAS, This Board deems the controls, standards, and procedures set forth in this ordinance
to be essential to the protection of the public health, safety and general welfare of the citizens of
Grant County; and the adoption thereof to be in the public interest:
NOW THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF
GRANT COUNTY, WASHINGTON:
SECTION 1. APPLICABILITY Any division of land for the purpose of lease or sale into
two or more lots but less than five lots, parcels or tracts within the unincorporated area of Grant
County shall proceed in compliance with this ordinance.
SECTION 2. EXEMPTIONS The {provisions of this Ordinance shall not apply to:
(1) Anv cemetery or burial plot. while used for that
propose.
(2) Anv division of land in which the smallest lot
created by the division equals more than 40 acres
in area.
(3) Boundary line adjustments or divisions not in a
plat or short plat where access is not affected and
where no new division is created thereby or where
no division is reduced in size below the minimum
square footage required by an applicable zoning
control.
(4) Farmstead: The subdivision which is created as
a result of this exemption may not he resubdivided
for five years unless it is in accordance with this
ordinance or with the ordinance dealing with
subdivisions of five or more lots.
(a) Any division made by testamentary provision, the
laws of descent or upon court order.
(6) Any division made in compliance with the platting
and subdivision ordinance dealing with five (5) or
more lots.
(7) The division of land into two (2) parcels; provided
any subsequent division of either of the two (2)
parcels within a period of five (5) years shall
require a surveyed plat. This does not release a
subdivider from complying with the Survey
Recording Act, Chapter 50, Laws of 1973.
SECTION 3. DEFINITIONS Whenever the following words and phrases appear in this
Ordinance they shall be given the meaning attributed to them by this Section. When not
inconsistent with the context, words used in the present tense shall include the 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) Short Subdivision: is the division of land into four
or fewer lots.
(2) Short Plat: is a document consisting of a map of
a short subdivision together with written certificates.
dedications and date.
(3) 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 evidence by the
dedication thereon; and, the acceptance by the
public shall be evidenced by the approval of
such plat in the manner provided in this ordinance.
(4) Easement: is a grant by a property owner to
specific persons or to the public to use land for
a specific purpose or purposes.
(5) Loc is a fractional part of subdivided lands having
fixed boundaries being of sufficient area and
dimension to meet minimum zoning requirements
for width and area. The term shall include tracts
and parcels.
(6) Public Road: is an improved and maintained
public 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 spaces and recreation areas, cut and
fill slopes and drainage.
(7) Private Road: is a right-of-wav for vehicular
circulation not owned, improved or maintained
by Grant County,
(S) Cul-de-sac: is a road closed at one end by a
circular area (with a SO foot radius or as
approved) for turning vehicles around.
(9) Altev: is a strip dedicated to private use providing
for vehicular and pedestrian access to the rear side
of properties which abut and are served by a public
road.
(10) Comprehensive Plan: is the current
Comprehensive Plan of Grant County adopted
by the Board pursuant to state law.
(11) Planninz Commission: is the Grant County
Planning Commission.
(12) Board: is the legislative authority of Grant
County.
(13) Subdivider: is a person, including a corporate
person, who undertakes to create a subdivision.
(14) AdministrajQjr; is the Grant County Planning
Director and/or Engineer, or person(s) duly
authorized by said officials.
(15) Farmstead: is that area of agricultural land
devoted to but not limited to dwellings,
outbuildings, corrals, gardens and orchards for
personal and non-commercial use or as
determined by the Administrator.
(lb) Lease: for the purpose of this ordinance, is
contract between the owner and lessee giving the
right to use the land for more than 10 years.
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SECTION 4. PROCEDURE - ADMINISTRATOR'SDUTIES The Grant County
Planning Director and/or Public Works Director referred to in this ordinance as the Administrator,
is vested with the duty of administering the provisions of this ordinance and with authority to
summarily approve or disapprove short plats. The Administrator may prepare and require the use
of such forms as he deems essential to his duties.
SECTION 5. PROCEDURE - APPLICATION AND FEE Any person desiring to
divide land situated within an unincorporated area of Grant County into two, three or four lots in
which the smallest lot created by the division equals 40 acres or less for the purpose of lease or sale
shall submit an application for short plat approval to the Administrator. The application shall be
accompanied by a file fee of 50.00 for deposit with the County Treasurer.
SECTION 6. PROCEDURE - PLATS AND PLANS REQUIRED. A subdivider
shall submit with his application for short plat approval:
(1) Six copies of a short plat;
(2) A sketch of proposed roads, utilities and other
improvements:
(3) A copy of the survey and field notes.
SECTION 7. ADEQUACYAND DISTRIBUTION OF PLATS AND PLANS if
the Administrator determines that the proposed short plat contains sufficient elements and data to
furnish a basis for its approval or disapproval, and that the sketch of proposed roads, utilities and
other improvements are adequate to aid the County Public Works Director in approving or
disapproving the construction of future improvements, the Administrator shall affix a file number
and date of receipt to the application and promptly forward the sketch of proposed roads, utilities
and other improvements to the County Public Works Director. The Administrator shall promptly
forward one copy of the proposed plat each to the County Public Works Department, County
Health District, P.U.D, State Highway Department, County Assessor, Department of Ecology
and/or Department of Social and Health Services. telephone and gas companies, and irrigation
Districts where applicable.
SECTION 8. PROCEDURE - NOTICE OF FILING within five (5) days the
Administrator shall give notice of the filing of a proposed short plat or subdivision as follows:
(1) Through the United States Mail to:
(a) The legislative authority of any city or town
adjacent to or within one mile of the proposed
short subdivision. or the public utilities of
which are contemplated for use in the
proposed short subdivision.
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(b) The State Highwav Department, or its
successor, of the proposed short subdivision
is adjacent to the right-of-way of any state
highway;and
(c) The Department of Ecology if the proposed
short subdivision lies within a flood control
zone.
(2) By posting notices thereof at three conspicuous
places on the boundaries of the proposed short
subdivision.
SECTION 9. PROCEDURE - CONTENT OF NOTICE Any notice given pursuant
to Section 7 shall recite.
(1) The date of filing of the proposed short subdivision
plat.
(2) The legal description of the tract.
(3) The name of the applicant.
(4) The name, title and office address (if the
Administrator.
SECTION 10. APPROVAL- REVIEW BY AGENCIES Within fifteen days (15)
following the filing of the proposed short subdivision plat:
(1) The Grant County Health District shall notify
the Administrator that water and sanitary sewage
disposal methods contemplated for use in the
proposed short subdivision do or do not conform
to current standards.
(2) The County Public Works Director shall notify the
Administrator the proposed roads, utilities and
other improvements do or do not conform to
current standards; and that the survey does or does
not conform to standard practices and principles
of land surveying.
(3) All other offices to which a copy of the proposed
short subdivision plat has been submitted may
make their needs known to the Administrator
and shall be considered prior to plat approval.
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SECTION 11. APPROVAL- TIME LIMITATION The Administrator shall make a
decision not later than the thirteeth day following filing. The Administrator shall determine
whether the proposed short subdivision and short plat satisfy the requirements of this ordinance,
and whether the proposed short subdivision willapparently serve the public use and interest. From
there, the Administrator shall approve or disapprove an application.
SECTION 12. APPROVAL- FILING, DEDICATION When the short plat or a short
subdivision containing a dedication is approved, the applicant shall file the final short plat with the
County Auditor for recording. All dedications shall be noted on the face of the short plat.
SECTION 13. DISAPPROVAL- NOTIFICATION if the Administrator disapproves
the proposed short plat and/or short subdivision, he shall notify the subdivider in writing of the
specific reasons for his/her disapproval.
SECTION 14. DISAPPROVAL - NOTICE OF APPEAL Within twenty (20) days
following issuance of the Administrator's written notice of disapproving a short plat or a proposed
short plat subdivision, the subdivider may file a notice of appeal with the Administrator. The notice
shall be on a form provided by the Administrator.
SECTION 15. DISAPPROVAL - APPEAL PROCEDURE, MEETING DATE
The Administrator shall immediately transmit a notice of appeal; together with a copy of the
proposed short plat, copies of all reports received by the Administrator, and a copy of the
Administrator's letter of disapproval to the Planning Commission. The Planning Commission shall
at its regular meeting, set the date for consideration of the appeal at a public meeting.
SECTION 16. DISAPPROV.A.L - APPEAL. MEETING, DECISION In reviewing
an appeal, the Planning Commission shall consider all matters submitted by the Administrator
together with such other evidence as it deems relevant, and shall either affirm or reverse the
Administrator's decision, or remand the matter for further investigation by the Administrator.
SECTION 17. DISAPPROVAL - RECONSIDERATION OF APPEAL If the
Administrator disapproves an application on remand from the Planning Commission, the Board
shall, on the subdividers petition therefor, consider the appeal.
SECTION 18. APPROVAL- APPEAL BY OTHERS Within twenty days following
the Administrator's approval of the proposed short plat and short subdivision any interested person
may file notices of appeal with the Administrator; or the secretary of the Planning Commission.
Only the following shall be deemed interested persons for the purpose of this section.
(1) Any public officer or agency.
(2) Any person who holds or owns a substantial
interest in the property situated within 750 ft. of
any boundary of the proposed short subdivision or short plat.
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SECTION 19. APPROVAL- APPEAL PROCEDURE, MEETING DATE If an
appeal is filed, the Administrator shall immediately transmit a copy of the short plat and copies of
all reports received by the- Administrator to the Secretary of the Planning Commission. The
Auditor shall refrain from accepting a short plat containing a dedication for recording until notified
by the Administrator that the matter had been finally disposed. The Planning Commission shall at
its next regular meeting following filing of the appeal notice, set the elate for consideration of the
appeal at a public hearing.
SECTION 20. APPROVAL- APPEAL MEETING, DECISION In reviewing an
appeal, the Planning Commission shall consider ali matters submitted by the Administrator together
with such other evidence as it deems relevant, and shall either affirm or reverse the Administrator's
decision, or remand the matter for further investigation by the Administrator.
SECTION 21. APPROVAL - RECONSIDERATION OF APPEAL If the
Administrator approves the application on remand from the Planning Commission, the Board shall,
on the original appellant's petition therefor, consider the appeal.
SECTION 22. DEDICATIONS - REQUIRED No short plat shall be approved unless
adequate provision is made in the short subdivision for such drainage ways, roads. and other general
purposes as may be required to protect the public health, safety and welfare.
SECTION 23. DESIGN - CONFORMANCE TO COMPREHENSIVE PLAN
riND ZONING All short subdivisions shall conform to the Grant County Comprehensive Plan
and all zoning controls in effect at the time a short plat is tiled for approval.
SECTION 24. DESIGN - EASEMENTS Easements shall be granted to assure that lanai
within each short subdivision is adequately drained and that all lots can be provided with water, fire
protection and utilities.
SECTION 25. DESIGN - ACCESS TO LOTS Every lot shall be provided with an
adequate public or private access connecting to an existing improved public road.
SECTION 26. SURVEY STANDARDS Every subdivision of land shall be surveyed by,
or under the supervision of a registered land surveyor, unless there exists an accurate amount of
survey data. The preparation of preliminary and final short plats thereof shall be certified on the
plat by said registered land surveyor that it is a true and correct presentation of the lands actually
surveyed, where applicable. All surveys shall conform to the practices and principles for land
surveying of the State of Washington.
SECTION 27. SURVEY - MONUMENTS AND MARKERS All permanent
monuments within the subdivision shall be located and described as shown on the plat and all
controlling corners on the boundaries of the short subdivision shall be marked with a 3/4" x 18" long
galvanized iron pipe or approved equivalent driven into the ground. All monuments and markers
shall be shown on the face of the plat.
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SECTION 28. DEDICATIONS Land for public use may be acquired by:
(1) Dedicating land for public use.
(2) By reserving land for future public acquisition and
development.
(3) By conveying land or easements therein to
nonprofit corporations for use by all or a limited
segment of the public.
SECTION 29. DEDICATIONS - SHOWN ON THE FACE OF SHORT PLAT
All dedications and reservations shall be clearly and precisely recited on the face of the plat.
SECTION 30, SHORT SUBDIVISIONS - PLAT STANDARDS Every short plat
required to be recorded with the Auditor shall consist of one or more pages clearly and legibly
drawn on reproducible material and shall contain a map of the short subdivision. The Plat shall be
produced on an 18" x 24" sheet; the horizontal scale of which shall be 100 ft. to the inch (1" - 100')
together with written data in such form that when read together, disclose the following information:
(1) The legal description of the land.
(2) The names, addresses and telephone numbers of
all persons holding interest in the land.
(3) The name, address, telephone number and seal
of the registered land surveyor who made, or
under owner whose direction was made, a survey
of the subdivision.
(4) The date of the survey.
(7 The boundary lines of the shon subdivision.
(6) The boundaries of lots within the short
subdivision.
(7) The location of roads and existing important
natural features and improvements within the
short subdivision.
(8) A layout of roads and easements.
(9) The boundaries of all parcels dedicated or
reserved for public or community uses.
(10) Plans of proposed water distribution systems,
sewage disposal systems, drainage systems,
utility and irrigation easements when applicable.
(11) A certificate bearing the typed or printed names
of all persons having an interest in the divided
land, signed and acknowledged by them before
a Notary Public which:
(a) States their consent to the division of land.
(b) Recites a dedication by them and their
successors of all claims for damages against
Any governmental authority.
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(c) Grants a waiver by them and their successors
of all claims for damages against any
governmental authority
(12) The approval of the Administrator.
(13) Total acreage within the short subdivision.
(14) Space for signatures of Grant County Treasurer,
Grant County Subdivision Administrator, Grant
County Auditor.
(155) The approval of the Irrigation District where applicable.
SECTION 31. ILLEGALTRANSFER - MISDEMEANOR It shall be unlawful for
any person, firm or corporation to transfer, sell, or lease any land in violation of the requirements
of this Ordinance. Any person convicted of violating any provision of this Ordinance shall be guilty
of a misdemeanor, and shall be punished by a fine of not more than $300.00 or by imprisonment
in the county jail for a period not to exceed 90 days or both, for each said violation.
SECTION 32. ILLEGALTRANSFER INJUNCTIVE RELIEF whenever land is
divided in violation of the provisions of this Ordinance, or any person, firm or corporation transfers,
sells, leases, or rents any part of such land, the Prosecuting Attorney may commence an action to
enjoin further violations or attempted violations of this Ordinance by the said person, firm.
corporation, or successors thereof, and to compel compliance with this Ordinance.
SECTION33. ILLEGALTRANSFER- ASSURANCEOF DISCONTINUANCE
The Prosecuting Attorney may accept a written assurance of discontinuance of any act or practice
violative of this Ordinance from any person who has committed or is committing such act or
practic:, to be tiled with and approved by the Superior Court of Grant County. The assurance may
include a promise to file a proposed short plat for approval and to satisfy all reasonable conditions
required to affect its approval. Any willful failure to perform a promise contained in such an
assurance shall constitute a separate misdemeanor, punishable to the same extent as other
misdemeanors defined by this Ordinance.
SECTION 34. ILLEGAL TRANSFER - ' DAMAGE RECOVERY FOR
PURCHASER A transferee who cannot secure a building permit, septic tank permit or other
developmental permit for the reason that his transferor failed to comply with any provision of this
Ordinance may recover damages from his transferor, to include compensation for the loss of his
bargain, actual costs of investigation and suit reasonable attorney's fees and such additional
elements as the law allows.
SECTION 35. UNAPPROVED SHORT PLAT - NOT TO BE RECORDED The
Auditor shall refuse to accept for recording, any short plat which does not bear the Administrator's
certificate of approval. Should a short plat be recorded without such a certificate, the Prosecuting
Attorney shall apply for a writ of mandate on behalf of the Administrator, directing the Auditor to
remove the unapproved plat from the Auditor's records.
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SECTION 36. METES AND BOUNDS FILINGS - AUDITORTO QUESTION
The County Auditor shall inquire of every person who tenders for recording a deed or contract for
the sale of land in which appears one or more metes and bounds legal description of land, as the
whether the land so described is a new division of a larger tract. In the event that it is a new
division, or if the inquiry is not answered, the Auditor shall promptly notify the Administrator of
the recording. Upon learning of any such recording, the Administrator shall investigate the same
to determine whether a division of land in violation of this Ordinance may have occurred.
SECTION 37. NEW SEGREGATION - ASSESSOR TO NOTIFY
ADNHN'ISTRATOR The Assessor shall promptly notify the Administrator of every new
segregation of land made upon the Assessor's records. Upon learning of such segregation the
Administrator shall investigate the same to determine whether a division of land in violation of this
Ordinance may have occurred.
SECTION 38. RE -SUBDIVISION REQUIREMENTS Land within a short
subdivision. the short plat of which has be approved within five years immediately proceeding may
not be further divided until a final plat thereof has been approved and filed for record pursuant to
the Ordinance dealing with subdivision of five or more lots.
SECTION 39. SEVERABILITYIf 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 this
provision to other persons or circumstances shall not .be affected.
SECTION 40. EFFECTIVE DATE This Ordinance shall become effective on I st day
of November 1976.
SECTION 41. REVIEW No later than on a year after the effective date of this Ordinance
the Planning Commission shall review this Ordinance in public session to determine whether or not
it is operating adequately, specifically, the need for survey and the minimum jurisdiction section
acreage shall be reviewed.
Done this 13th day of
September, 1976.
SEAL
ATTEST:
J.F. PEDDYCORD
COLN" AUDITOR AND CLM OF TttE BOARD
Board of County Commissioners
Grant County, Washington
F.D. O'DONNELL
Chairman
ROBERT A.LUDOLPH
H.E. SNFAD
• Amended January 2J. 1979. per Irrigation District request for review.
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