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HomeMy WebLinkAboutOrdinance 97-191-CCORDINANCE NUMBER 97-191-CC GRANT COUNTY PLATTING AND SUBDIVISION ORDINANCE *Adopted November 24, 1997 and recorded under Auditor's file number Signed by Board of County Commissioners Leroy A1lison, Helen Fancher, and Tim Snead. Relating to Subdivision of 5 or more lots and Plats thereof: AN ORDINANCE RELATING TO SUBDIVISION AND PLATS; DEFINING CRIMES; PRESCRIBING PENALTIES; f1ND REPEALING PRIOR ORDINANCES RELATING TO THE SAME SUBJECT WHEREAS, protection of the public health, safety and general welfare requires that the division of land into five or more lots proceed in accordance with standards to prevent the overcrowding of land; to lessen congestion of streets and highways and provide adequate space, light and air; to facilitate adequate provision for water, sewerage, parks and recreation, fire protection, schools, ways and other public uses, and to assure uniform monumentation of land subdivisions and conveyancing by accurate legal description; and WI-IEREAS, by enacting Chapter 234, Laws of 1974, First Ex. Session, the Legislature has prescribed a method for accomplishing the aforesaid purposes, and has vested counties with responsibility for con�rolling the division of land in unincorporated areas; and WI-iEREAS; the Board deerns the controls, standards, procedures, and penalties 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; WHEREAS, The Grant County Planning Commission on October 1, 1997 held a public hearing in the matter of updating the existing Crrant County Platting and Subdivision Ordinance. WHEREAS, The Grant County Commissioners on October 27, 1997 upheld the recomrnendation of the Grant County Planning Commission in the matter oiupdating the existing Grant County Platting and Subdivision Ordinance. NOW, TI�REFORE, BE IT HEREBY ORDAINED BY THE BOARD OF COMMISSIONERS OF GRANT COUNTY, WASHINGTON: Section 1. APPLTCABILITY. Every subdivision of land, five or more lots, within the unincorporated areas of Grant County, shall proceed in compliance with this Ordinance. Land divided for rental or lease purposes, where no land shall be offered for sale, shall submit a binding site plan with the Grant County Planning Department. Under the Binding Site Plan Ordinancas, land divided as a short subdivision within five years immediately preceding shall be resubdivided pursuant to this ordinance. Section 2. EXEMPT'ION. The provisions of this Ordinance shall not apply to: 1. Any cemetery or burial plot, while used for that purpose. 2. Any division of land not containing a dedication in which the smallest lot created by the division exceeds 40 acres, except that the Board may allow a deviation below the 40 acres a� not to exceed �ve percent (5%) of the total lots where topography, terrain, irregular sections of land, or other considerations prevent the subscriber from otherwise qualifying for the exemption. 3. Any division of land made by testamentary provision or the laws of descent. 4. Any division of property for lease or rent in compliance with the Grant County Binding Site Plan Ordinance. Section 3. DEFIlo1ITIONS. Whenever the following word 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 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. Subdivision is the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or rent and shall include all resubdivision of land. 2. P� is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, roads and alleys or other divisions or dedications. 3. Preliminary Plat rs a neat and approximate drawing of a proposed subdivision showing the general layout of roads and alleys, lots, blocks, as set forth in Chapter 234, Laws of 1974, First Ex. Session, and in this ordinance adopted thereto. 4. Final Plat is the final drawing of the subdivision and dedication prepared for filing for � record with the County Auditor and containing all elements and requirements set forth in Chapter 234, Laws of 1974, First Ex. Session, and in this Ordinance adopted pursuant thereto. 5. 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. Dedications in an undivided interest status shall also be considered as a public use as it relates to the users and inhabitants of the plat. The intention to dedicate shall be evidenced by the owner by the presentation for �ling of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for iiling by the Board of County Commissioners of Grant County. 6. Easement is a perpetual grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes. 7. L�c t is a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimensions to meet minimum zoning requirements for width and area. The term shall include �racts or parcels. 8. Block is a group of lots, tracts or parcels within well defined and fixed boundaries. 9. Public Road is a full width improved and maintained public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also inchide provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage. 10. Private Road is a road not dedicated to public use. 11. Cul-de-sac is a road closed at one end by a circular area with not less than a fifty (50) foot Radius or of an approved size for turning vehicles around. 12. Allev is a strip of land dedicated for public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public or private 2 road. An alley can not be used for the sole access to any parcel of land. 13. Comprehensive Plan is the current Comprehensive Plan of Grant County, adopted by the Board pursuant to state law. 14. Boar is the legislative authority of Grant County. 15. Planning Department is the planning agency legally constituted by the Board to deal with planning in Grant County. 16. Department Head is the Planning Director. 17. Commission is the Grant County Planning Commission. 18. Subdivider is a person, including a corporate person, who undertakes to create a subdivigion. (Synonymous with Developer) 19. Performance Bond is an executed bond or other acceptable security, in an amount acceptable to the Board, to assure full and final completion of all required improvements within the specified time. 20. Wav is something other than a road, street, or alley which provides vehicular or pedestrian circulation or principal means of access to abutting properties. 21. Renroducible Material shall mean legibly drawn, printed or reproduced by a process guaranteeing a permanent record on a translucent stock, either polyester film or tracing cloth, with an opaque line suitable for reproducing on a diazo process type machine. Acetate not acceptable. Diazo process paper intermediates will not be acceptable for recording purposes. Plats submitted with any information taped or attached by staples or similar means will not be accepted for recording purposes. 22. Minor Revision shall mean a minor adjustment to the preliminary plat based upon the comments received from agencies with jurisdiction or corrections to the engineering of the layout of the plat. The decision as to weather any modification to a complete application is a minor revision shall be determined by the Grant County Planning Director or his/her designee. Section 4 ADMINISTRATION. 'The Grant County Planning Director or his/her designee hereafter referred to as the Administrator, is vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the county, and may prepare and require the use of such forms as are essential to their adminis�ration. Section 5 PROCEDURE - APPLICATION AND FEES Any person desiring to subdivide land in an unincorporated area of Grant County shall submit an application to the Administrator with a completed environmental checklist in accordance with RCW 43-21C and Grant County SEPA Ordinance 95-60-CC. In order to defray the costs of administration, notification, legal publications and plan checking, the following fees shall be imposed and paid to Grant County at the time of submission of preliminary plat(s) for approval: PLANNING FEE: $125.00 to include publication costs. ENGINEERS FEE: $100.00 plus $2.00/lot. The fee shall cover the checking of computations, con�rols within the subdivision, and access points to the subdivision, payable to the dept. of Public Works. HEALTH DISTRICT: As stipulated by the District. Section 6 PROCEDURE - PLATS AND PLANS REOUIRED A Subdivider shall submit with his application -�9 12 copies of a preliminary plat and when deemed necessary by the Administrative Official, 3 copies of plans, profiles and , specifications for s�reets, utilities and other proposed subdivisions. Plans and profiles shall be drawn upon standard 18" by 24" sheets, as according to the standards required by this ordinance. One (1) copy of the preliminary plat $.5" by 11.0' shall also accompany the application. Section 7 PRELIMINARY PLAT - STA.NDARDS Every preliminary plat shall consist of one or more maps, the horizontal scale of which will be 100' to the inch or another scale that is acceptable as determined by the Planning Department; contour scale (when applicable) shall be at five (5) %ot intervals, together with written data in such form that when the maps and written data are considered together they shall fully and clearly disclose the following information. 1. The name of the proposed subdivision. 2. The full legal description of land contained within the subdivision. 3. The names, addresses, and telephone nuxnbers of all persons, firms, and corporations holding interests in said land. 4. The name, address, telephone number and seal of the registered land surveyor who made, or under whose supervision was made, a survey of the proposed subdivision. 5. The complete date of the survey. 6. The boundary lines of the proposed subdivision. 7. All existing monuments and markers. 8. The boundaries and approximate dimensions of a11 blocks and lots within the proposed subdivision; together with the numbers proposed to be assigned each lot and block. 9. The location, names and width of all existing streets, roads and easements within the proposed subdivision and adjacent thereto. 4 10. The location and, where ascertainable, sizes of all permanent buildings, wells, water courses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided. 11. Contour lines of (sufficient intervals to show the topography of the land to be subdivided) referenced to either the United States Coast and Geodetic Survey datum, county datum, or other datum acceptable to the Public Works Director (this may be omitted if acceptable by the Public Works Director). 12. A layout of proposed roads, alleys, utility mains, and parcels proposed to be dedicated or reserved for public use. 13. Plans of proposed water distribution system, sewage disposal system, wells, sanitary con�rol areas, irrigation and drainage systems (as required) indicating locations. 14. A sketch of the general vicinity at least 800' in all directions from which the land proposed for subdivision lies, upon which are identi�ed owners of the land adjacent to the subdivision and the names of any adjacent subdivisions. 15. A copy of all restrictive covenants proposed to be imposed upon land within the subdivision. 16. The approximate location of all existing houses within the area to be platted. 17. The preliminary plat shall also be accompanied by a separate Plat Certi�cate showing true ownership of platted property from a Title company licensed to do business in the State of Washington. 18. Location of any delineated wetland area and associated buffer areas as required by the Grant County Resource Lands and Critical Areas Development Ordinance 93-49-CC and the Washington State Department of Ecology. 19. A copy of the final plat drawing file on electronic media shall be provided to the Grant County Assessor in CAD format (.dwg) in accordance with Grant County Ordinance. The Subdivider shall inquire with the Auditor's Office as to the acceptability of the name of the �nal plat. No final plat shall be filed with the County Auditor's office containing the exact name as a previously filed plat or very similar name, as determined by the County Auditor. Section 8 PROCEDiJRE - ADEOUACY AND DISTRIBUTION OF PLATS AND PLANS If the Administrator determines that the preliminary plat contains sufficient elements and data to furnish a basis of its approval or disapproval, and the plans, profiles, and specifications are adequate to the Public Works Director to approve or disapprove the construction of future improvements, the Administrator shall affix a file number and date of receipt to the application and promptly forward all copies of the plans, profiles, and specifications of roads, utilities and other proposed improvements to the County Public Works Director. The Administrator shall promptly forward 1 copy of the preliminary plat to affected agencies with jurisdiction. When the plat is within a recognized Irrigation District, a copy shall be forwarded to the appropriate Irrigation District and the United States Departrnent of Interior, Bureau of Reclamation for review and comment. In addition, upon receipt of an application which is determined to be complete (as de�ned in Local Project Permit Review Ordinance, ??.05.060), the Administrator shall provide notice of application to the public and the department and agencies with jurisdiction. Where the proposed subdivision is located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport, the County shall provide notice to the Secretary of Transportation. Section 9 PROCEDURE - PLANrIING COMMISSION HEARING DATE Upon receipt of an application which is determined adequate as specified in Section ??.05.020 of the Local Project Permit Review Ordinance, the Administrator shall set a date for public hearing before the Planning Commission. The Adminis�rator and Subdivider shall be responsible for providing public notice. Section 10 PROCEDURE - NOTICE OF HEARING The Administrator shall give notices of the public hearing as follows: 1. Through the United States mail, post marlced at least ten days before the date of the hearing, to the following: a. 'The legislative authority of any city or town adjacent to or within one mile of the proposed subdivision, and the proposed subdivision; together with one copy of the preliminary plat. The legislative authority of any city or town shall also be notified if the proposed subdivision is located in an Interim or Designated Urban Growth Area pursuant to the Washington State Growth Management Act. b. The State Department of Transportation, if the proposed subdivision is adjacent to the right of the way of any state highway or within two miles of the boundary of a state or municipal airport. c. Owners of land adjacent to the land proposed to be platted. Adjacent landowners are owners of real properiy, as shown by the records of the County Assessor, located within three hundred (300) feet of any portion of the boundary of the proposed subdivision. d. Any other reasonable method for providing special notice to adjacent landowners deemed necessary by the Administrator. 2. By arranging for publication of the legal notice of hearing in the official county newspaper, to appear also in a newspaper in the vicinity of the proposed plat. 3. By notiiication to all agencies with jurisdiction. 4. All hearing notices shall clearly identify tihe property. The method of description is one that clearly identifies the property, as determined by the Administrator. This will usually be a legal description along with an address (if applicable), a vicinity location sketch, or a written description of the subject property. Any notice of public hearing shall also include the hour and location of the hearing. Section 11 HEARING - SCOPE AND CONTINUANCE At the public hearing the Planning Commission shall consider all relevant evidence to determine whether to recommend that the preliminary plat be approved or disapproved by the Board. Any hearing may be continued at the discretion or the Commission within the time limits allowed by the law. Section 12 HEARING - ROAD, SEWER, AND WATER The Public Works Director, County Health District and other affected agencies shall submit to the Planning Commission their respective recommendations as to the adequacy of the proposed road system and the proposed sewage and water supply system proposed within the subdivision. The recommendations of the Pixblic Works Director and the County Health District and other affected agencies shall be considered by the Commission and attached to the Commission's report to the Board. Section 13 HEARING - APPROPRIATE FACILITIES t1ND IMPROVEMENTS The Commission shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys, utilities, public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites, and grounds and other public and private facilities and improvements. Section 14 HEARING - CONFORMANCE TO COMPREHENSIVE PLAN The Commission shall determine if the proposed subdivision conforms to the general purpose of the Comprehensive Plan, if the public use and interest will apparently be served by the proposal, and the planning standards and specifications adopted by Grant County. Section 15 HEt�RING - REPORT TO BOARD Not later than fourteen days following conclusion of the hearing, the Commission shall submit its written report and recommendations to the legislative body. The report of the Planning Commission is advisory only. The Commission may recommend that the proposed preliminary plat be approved, conditionally approved, or disapproved. Conditions of approval shall be precisely recited in the Commission's report and shall include recommended protective improvements, if any. The written recommendation by the Planning Commission shall contain findings of fact and/or conclusions to support the recommendation. Section 16 HEARING - RECORDS Record of Planning Commission hearings both written and audio recordings on preliminary plats shall be kept by the Administrator and shall be open to public inspection. Section 17 BOARD ACTION - DATE 7 Upon receipt of the Planning Commission's recommendation, the Board shall at its next public meeting, set a date for the public meeting at which the Board shall consider the recommendation. At the public meeting the Board, at its discretion, may elect to hold a closed record public hearing on appeal of the Planning Commission recommendation. Section 18 BOARD ACTION - ACCEPTANCE OR REJECTION At the meeting scheduled for considering the preliminary plat the Board shall, after reviewing the recommendations of the Planning Commission, the Public Works Director, the AdminisCrator, the County Sanitarian, Conservation District, Irrigation Districts, agencies with jurisdiction, and any other relevant evidence presented to it, either concur in or reject the Planning Commission's recommendation. The Board shall determine: a) If appropriate provisions are made for, but not limited to, the public health, safehy 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 shall consider all other relevant factis including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and b) Whether the public interest will be served by the subdivision. The Board's decision shall contain written findings that a proposed subdivision either does or does not meet this criteria. Section 19 BOARD ACTION - PUBLIC MEETING ON PRELIMINARY PLAT If the Board does not summarily approve the Planning Commission recommendation on any preliminary plat, it shall set a date for a closed record public meeting at which the Board may approve, conditionally approve, or disapprove the preliminary plat or a minor revision thereof based on the written and oral testimony established at the open record hearing before the Grant County Planning Commission. The Board shall not accept any new testimony at the closed record public meeting however, clarification of the existing record may be provided. No clarification of the record shall be accepted unless the Board requests clarification. Section 20 BOARD ACTION - RECORDS Records of the Board's proceedings concerning a preliminary plat shall be kept by the Clerk of the Board and shall be open to public inspection. Section 21 PRELIMINARY PLAT APPROVAL - AUTHORIZATION FOR SUBDIVISION Every decision made by the Board under this chapter shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. Section 22 PRELIMINARY PLAT APPROVAL - EXI'IRATION The approval given to a preliminary plat shall expire unless within five (5) years following approval, a proposed �nal plat in proper form is filed with the County Auditor, unless an extension is granted by the Board. Section 23 I'INAL PLAT - FILING PERIOD At any time within five (5) years following the Board's approval of a preliminary plat the Subdivider shall file the original and four (4) 18" x 24" copies of a proposed �nal plat containing a one (1) inch border with the County Auditor's Office. One of these must ba reproducible. Section 24 FINAL PLAT - STANDARDS Every final plat shall consist of one or more pages, each 18" by 24" legibly drawn, printed or reproduced by a process guaranteeing a permanent record on a translucent stock, either polyester film or �racing clotih with an opaque line suitable for reproducing on a diazo process type machine. Acetate not acceptable. Diazo process paper intermediates will not be acceptable for recording purposes. Plats submitted on paper will not be accepted. Plats submitted with any information taped or attached by staples or similar means will not be accepted for recording purposes. The Subdivider shall inquire with the Auditor's Office as to the acceptability of the name of the final plat. No final plat shall be iiled with the County Auditor's office containing the exact name as a previously filed plat or very similar name, as determined by the County Auditor. The perimeter of the subdivision shall be depicted with heavier lines than appear on the plat. The scale shall be not less than 100 feet to 1 inch; provided, that when tnore than one sheet is required, an index sheet of the same size shall be filed showing the entire subdivision one sheet with block and lot numbexs. A line designating 1/2 " margin shall be drawn completely around each sheet leaving an entirely blank margin on all sides. A copy of the final plat drawing file on electronic media shall be provided to the Grant County Assessor in C,AD format (.dwg) in accordance with Grant County Ordinance. Each sheet of the fnal plat shall contain the subdivision's name, the scale, and a north arrow. All signatures affixed to a final plat shall be original signatures written in permanent black ink. All drawing and lettering on the �nal plat shall be in permanent black ink, or an approved equivalent. All road names shall be approved by the Grant County Emergency Services Department and shall be established using the addressing and grid system of Grant County outlined in Ordinance 85-143-CC. Every final plat shall include an accurate vicinity map of the full section as well as the subdivided land, based upon a completed survey thereof. The plat shall also include: 1. All section, township, municipal and county lines lying within or adjacent to the subdivision. 2. The location of all monuments or other evidence used as ties to establish the subdivision's boundaries, and statement as to datum used. 3. The location of all permanent con�rol monuments found and established within the subdivision. 4. The boundary of the subdivision with complete bearings and lineal dimensions, also if more than one bearing is used for any straight line, both bearings shall be shown, a legend must be used to denote the source of all bearings used on the plat. 5. The length and bearings of all straight lines, the radii ares and semitangents of all curves. 6. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field. 7. The location, width, center line, and name or number of all streets within and adjoining tha subdivision. 8. The location and width, shown with broken lines, and description of all easements. 9. Numbers assigned to all lots and blocks within the subdivision. 10. Names of any adjacent subdivisions. IN ADDITION TO THE MAP OR MAPS, EVERY FINAL PLAT SHALL CONTAIl�T VVRITTEN DATA INCLUDING: 1. The name of the subdivision. 2. The legal description of land contained within the subdivision, and statement as to datum used. 3. A certificate of the registerad land surveyor who made, or under whose supervision was made, the survey of the subdivision �as, the survey of the subdivision in substantially the following language: "I, , registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of ,19 , through ,19 ; that the distances, courses and angles are shown thereon correctly, and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat." 4. A signature of approval by the Public Works Director as to: a. Survey data b. Layout of roads, alleys, and easements. 10 c. The design and/or construction of protective improvements, bridges, sewer and drainage systems 5. A statement of approval as to the design and/or construction of sanitary sewage disposal systems and public water supply systems installed in the subdivision signed by the Grant County Sanitarian, PROVIDED HOWEVER, that no such statement shall be deemed a guarantee of acceptability of individual septic tank systems or water wells contemplated for use within the subdivision. 6. A statement of the Planning Commission that the subdivision conforms to the Comprehensive Plan of Grant County. 7. If any portion of the subdivision falls within the jurisdiction of the Shoreline Management Act of 1971, it shall comply with the requirements of Grant County Shorelines Master Program before approval. 8. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a Notary Public, consenting to the subdivision of the said land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. 9. A certificate signed by the Grant County Treasurer that all taxes one year in advance on all unimproved property in each proposed subdivision and delinquent assessments for which the land within the subdivision may be liable have been duly paid, satis�ed or discharged, when applicable. 10. Space for approval by the Grant County Board of Commissioners, Public Works Director, Fire MarshalBuilding Official and Assessor. The Bureau of Reclamation and Irrigation District shall also be provided space for approval when located within the Columbia Basin Irrigation Project. 11. The Final Plat shall also be accompanied by a separate Title report showing true ownership of platted property from a Title company licensed to do business in the State of Washington. Section 25 FINAL PLAT - REVIEW BY ADMIIVISTRATORS The administrator shall satisfy himself: 1. That the final plat meets all standards established by state law, local ordinance, and this ordinance relating to iinal plats. 2. That the proposed final plat bears the certificates and statements of approval required by this ordinance. 3. That a title insurance statement furnished by the Subdivider con�rms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate. 11 4. That the facilities and improvements required to be provided by the Subdivider have been completed or, alternatively, that the Subdivider has provided a Performance Bond in a form acceptable to the Prosecuting Attorney and in an amount and with sureties commensurate with improvements remaining to be completed, securing to the county the construction and installation of the improvements within a fixed time, not to exceed two (2) years. Section 26 FINAL PLAT - SUBMISSTON TO BOARD The adminis�rator shall acknowledge receipt of a proposed final plat which meets the requirements of Section 24 and shall forward the original and 4 copies (one of which must be reproducible) thereof to the Clerk of the Board. Section 27 FINAL PLAT - BOARD DETERMINATION - APPROVAL OR DISAPPROVAL 'The Board shall, at its next public meeting or any continued meeting, determine: 1. Whether conditions imposed when the preliminary plat was approved have been met. 2. Whether the Performance Bond, if there be one, by its essential terms assures completion of improvements. 3. Whether the public use and interest will be served by approving the proposed final plat. 4. Whether the requirements of state law and this ordinance have been satisfied by the Subdivider. When the reproducible copy of the final plat bears the signature of the County Treasurer attesting to the payment of taxes, the signature of the County Public Works Director giving proof that the roads have been constructed to county standards or have been bonded for, signature of the County Building Official/Fire Marshal, County Assessor, signature from the County Planning Director, concurrence from the County Health District regarding water and sewage disposal; and, where applicable from the Irrigation District and United States Bureau of Reclamation, the Board shall thereupon approve or disapprove the proposed final plat. Upon approval, the County Auditor shall immediately file the final plat and the necessary fees shall be paid by the Subdivider. Section 28 DEDICATION - REC,�UIRED No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements, parks, playgrounds, sites for schools, school grounds, irrigation facilities where applicable and other general purposes as may be required to protect the public health, safety, and welfare. Section 29 DEDICATION - SHOWN ON PLAT All dedications of land shall be clearly and precisely indicated on the face of the plat. 12 Section 30 DEDICATION - PROTECTIVE IMPROVEMENTS Protective improvements, and easements to maintain such improvements shall be dedicated. Section 31 DEDICATION - ACCESS TO PUBLIC WATERS Plats of subdivisions containing land adjacent to publicly owned or con�rolled bodies of water shall contain dedications of access to such bodies of water unless the Board determines the public use and interest will not be served thereby. Such dedications shall be to the mean average water elevation. Section 32 DEDICATION - ACCESS TO LOTS Approved access by the Grant County Public Works Department to every lot shall be provided by a dedicated road, unless served by a private road, which is subject to approval by the Public Works Director. Section 33 DEDICATION - EXEMPTION, CONVEYANCE TO CORPORATION If the Board concludes that the public interest will be served thereby, the Board may, in lieu of requiring the dedication of land in a subdivision for protective improvements, drainage ways, roads, alleys, sidewalks, parlcs, playgrounds, recreational, community or other general purposes, allow the said land to be conveyed to a home owner's association or similar nonprofit corporation. Section 34 DEDICATIONS - EXEMPTION. CORPORATE MEMBERSHIl', AND RESPONSIBILITIES, CONDITIONS A Subdivider who wishes to make a conveyance as permitted by Section 33, shall, at or prior to the time of filing a�nal plat for approval, supply the Board with copies of the grantee organization's Articles of Incorporation and Bylaws, and with evidence of the conveyance or a binding commitment to convey. The Articles of Incorporation shall provide that membership in the organization shall be appurtenant to ownership of land in the subdivision; that the corporation is empowered to assess the said land for cost of construction and maintenanc� of the improvements and property owned by the corporation, and that such assessments shall be a lien upon the land. The Board may impose such other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained. Section 35 DEDICATION - NOTIFICATION OF PUBLIC INTENTION TO ACOUIRE Any public agency with power to acquire land by condernnation or otherwise for public uses may, at any time prior to final approval of a preliminary plat, notify the Board and the Subdivider of its intention to acquire some or all of the land in a proposed subdivision for public use. 13 Section 36 DEDICATIONS - REOUEST TO RESERVE FOR DELAYED ACOLIISITION In the event the land is not dedicated for the said uses, the public agency may request that the Board require the reservation of such land for a stated period, not to exceed two years following the Board's approval of the final plat, during which the agency may acquire the land. Section 37 DEDICATION - RESERVATION FOR DELAYED PUBLIC ACOLTISITION If the Board finds that the public health, safety or general welfare will be served thereby, the Board may require, as a condition pertinent to approval of the final plat, that the said land or such part of it as the Board deems appropriate be designated on the plat as reserved land, and that for the period requested or such shorter period as the Board deems sufficient the reserved land not be developed for uses other than the contemplated public use. A public agency may accelerate the expiration date of a reservation period by filing written notice of its'intention to abandon its right to acquire the reserved land with the County Auditor. Section 38 DEDICATIONS - RESERVED LAND TO SHOW ON PLAT The Subdivider may indicate on the plat that if the reserved land is not acquired for public use it shall be subdivided, and if the Subdivider does so, the plat shall show the configuration and dimensions of proposed lots, blocks, roads, easements and like features in the reserved area. Section 39 DEDICATIONS - RESERVED LAND. NO DEV�LOPMENT No building permit, septic tank permit or other development permit shall be issued for improvements on reserved land during the period of reservation except as expressly authorized by the Board at the time of the final plat approval. All lands in the plat that are below the minimum lot size in the zoning district in which they are located shall be noted as undevelopable on the face of the plat. Section 40 DEDICATTONS - RESERVED LAND. DEVELOPMENT IF NOT ACOUIRED If the public agency has not acquired or commenced proceedings to acquire reserved land within the period set by the Board, the Subdivider and the subdivider's successors may proceed to develop land lying within the res�rved area in conformity with the plat. If the Board has not set a period in which the public agency is to acquire or commence proceedings to acquire, the land shall remain undeveloped unless the Board makes a formal release of the property at a public hearing. No improvements shall be made upon reserved land available for development until adequate surety for development thereon has been provided. Section 41 DESIGN - CONFORMANCE TO COMPREHENSIVE PLAN AND ZONING All subdivisions shall conform to the Grant County Comprehensive Plan and all zoning regulations in �e effect at the time any plat of a subdivision is submitted for approval. In 14 any subdivision, lots shall be of sufficient area, width and length to satisfy zoning requirements. Section 42 DESIGN - TOPOGRAPHICAL HAZARDS. PROTECTIVE IIVII'ROVEMENTS Land of which exist any topographical conditions hazardous to the safety or general welfare of persons or property in or near a proposed subdivision, shall not be subdivided unless the construction of protective improvements will eliminate the hazard or unless land subject to the hazard is reserved for uses as will not expose persons or property to the hazard, a 100 year flood plain will be considered a hazardous area. Protective improvements shall be constructed prior to final plat approval. Protective improvements and restrictions on use shall be clearly noted on the final plat. Section 43 DESIGN - SUBDIVISION ROADS 1. All subdivisions shall be served by one or more public roads providing ingress and egress to and from the subdivision at not less than two points unless approved otherwise by the Board and the Grant County Public Works Director. 2. Major roads within every subdivision shall conform with any Comprehensive Plan and shall provide the continuation of major roads which serve property contiguous to the subdivision. 3. Road intersections shall be as nearly at right angles as is practicable and in no event shall be less than 75 degrees. 4. Road shall comply with current county road standards unless those standard are waived by the Board. 5. Direct lot access onto County designated arterials shall be restricted. Section 44 STANDARDS - SUBDNISION ROADS. 1. All lots shall be served by a road which meets current Grant County Standards as determined by the Public Works Department. These roads shall also be dedicated to the County on the Plat, unless otherwise determined by the Public Works Director and the Board. It shall also be stated on the face of the plat that the County is not responsible for maintenance of private roads, including snow removal, nor shall such roads be accepted as County roads until such improvements as are necessary are made to bring them to current Grant County standards. These standards are available from the Public Works Department, and must be adhered to. When deemed necessary, and at the discretion of the Public Works Director, a requirement for oiled and/or surfaced roads, curbs, gutters, and storm sewer shall be constructed and/or installed to County and/or APWA standards. 2. Dedicated roads shall intersect a county or state road at a minimum of one point. 15 3. Each lot must have a minimum of �fty (50) feet of footage on an approved access road. 4. Provisions must be made to control the release of surface water runoff from the platted area of development to pre-existing flows generated by storms within a fifty (50) year re-occurrenceinterval. Section 45 DESIGN - UTILIT'Y EASEMENTS Easements for electric, telephone, sewer, water, gas, irrigation and other similar utilities shall be a minimum of five (5) feet wide parallel to and on each side of all lot lines in which to install, lay, construct, renew, operate and maintain underground or overhead facilities for the purpose of providing said subdivision or plat and other property with the aforementioned utility services, together with the right to enter upon said easements at all times for the purposes herein stated. Ten (10) foot wide utility easements shall be provided on the plat boundaries and along any public roadway unless the Grant County Public Utility District waives this requirement. Section 46 DEVELOPMENT OF IMPROVEMENTS - PERFORMANCE BOND. As an alternative to the requirement that all improvements be installed prior to sale of lots created, the Board may accept a Performance Bond assignment of funds and/or Letter of Credit conditional upon satisfactory completion of all improvements within a fixed time, not to exceed two (2) years from the date of approval of the �nal plat; provided, however, that necessary improvements be insta.11ed or constructed immediately and the balance of the improvements bonded for. Section 47 DEVELOPMENT OF IMPROVEMENTS - WATER AND SEWER. Where, in the opinion of the Grant County Health Dist�rict, it is deemed necessary, a suitable provision shall be made for the construuction of a public water and/or sewer system to prevent pollution and to provide adequate water and sewage facilities where private facilities are not feasible; provided, however, that availability of utilities and/or improvements shall be required immediately, in accordance with Section 44. Section 48 SURVEY - SLIDE AREAS. Where a subdivision or plat appears to be in a potential or active slide area, it shall be the duty of the Subdivider to submit an engineering report, prepared by a registered pxofessional engineer, and stamped thereon, to assure that the burden of proof is upon the Subdivider and not upon the County. Section 49 SURVEY - PREPARATION OF PLATS. Every subdivision of land shall be surveyed by, or under the supervision of a registered land surveyor; the preparation of preliminary and final 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. All surveys shall conform to standard practices and principles for land surveying of the State of Washington. 16 Saction 50 SURVEY - SURVEY NOTES, ACCURACY. The surveyor shall furnish the Public Works Department with a full set of survey notes, which sha11 clearly show: 1. The ties to each permanent monument; regardless of the size of the plat, section lines shall be shown with bearings and distances at one-half (1/2) mile intervals; 2. All existing monuments shall be shown on the plat; 3. At least three durable, distinctive reference points or monuments; 4. Sufficient data to determine readily the bearing and length of each line; 5. The base meridian referred to; 6. Statement as to Datum used; 7. A traverse of the boundaries of the subdivision and all lots and blocks shall close within an error of one foot in 5,000 feet, or third order. Section 51 SURVEY - ORIENTATION OF THE SUBDIVISION. Primary survey control point shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identi�ed and ties shown. Section 52 SURVEY - PERMANENT CONTROL MONITMENTS. Permanent con�rol monuments shall be established at: 1. All controlling corners on the boundaries of the subdivision; 2. The intersections of center lines of roads within the subdivision; 3. The beginning and e�nds of curves on center lines; 4. All block corners. Upon prior approval of the Public Works Department permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be 5/8" by 30" rebar including cap, driven into the ground and encased in six (6) inches of concrete. A monument case shall be furnished and placed over all monuments when set in oiled roads. In graveled roads, monument cases may be omitted. Section 53 SURVEY - PERMANENT CONTROL MONUMENTS 1N ROADS. 17 Permanent control monuments within the streets shall ba set after the roads are graded. In the event a final plat is approved before roads are graded the surety deposited to secure grading shall include the cost to place the required monumentation and also be sufficient to pay the costs of repairing the roadway prior to actual use by the residents in the plat. Section 54 SURVEY - LOT CORNERS. Every lot corner shall be marked by 3/4" by 30" long rebar or approved equivalent driven into the ground. Section 55 SURVEY - PROPERTY CONTIGUOUS TO WATER. If any land in a subdivision is contiguous to a body of water a meander line shall be established along the shore at a safe distance back from the ordinary high-water mark. Property lying beyond the meander line shall be de�ned by distances along the side property lines extended from the meander line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be de�ned by bearings and distances as it exists at the time of the survey. Section 56 DEVELOPMENT OF ILLEGALLY DNIDED LAND - PUBLIC INTEREST DETERMINATION. No application for a building permit, septic tank permit or other development permit for any lot, tract or parcel of land divided in violation of state law or this ordinance shall be granted without prior approval of the Board. Such approval shall demonstrate to the satisfaction of the Board that: 1. The County Sanitarian has certified that the proposed means of sewage disposal and water supply on and/or to the lot, tract or parcel is adequate; 2. The Public Works Director has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interfere with or impair existing or planned public highways and drainage facilities in the vicinity; Proof of legal access and an access permit from Public Works shall be required. 3. The County Planning Director has certified that the proposed development conforms to the Comprehensive Plan and all zoning regulations; 4. The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property. Section 57 DEVELOPMENT OF ILLEGALLY DIVIDED LAND - INNOCENT PURCHASES FOR VALUE. An application for a building permit, septic tank permit or other development permit for any lot, tract or parcel of land divided in violation of state law or any local ordinance shall not be granted without prior approval of the Board, which approval shall only be given following a public meeting at which time the applicant shall demons�rate to the satisfaction 18 of the Board that: 1. The applicant purchased the lot, t�act or parcel for value; 2. The applicant did not lrnow, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot, tract, or parcel had been part of a larger lot, tract or parcel divided in violation of state law or this ordinance. Section 58 PENALTIES 1. Whenever any parcel of land is divided into five or more lots, tracts or parcels of land and any person, firm or corporation or any agent of any of them to sell, or transfer, or offer, or advertise for sale, lease or rent, or transfers any such lot, tract or parcel without having a final plat of such subdivision filed for record, the Prosecuting Attorney may commence an action to restrain and enjoin further subdivision or sales, leases or rentals, or �ransfers, or offers for sale or �ransfer and compel compliance with all provisions of this ordinance. The costs of such action shall be taxed against the person, �rm, corporation or agent selling or transferring the property. 2. Any person who violates any court order or injunction issued pursuant to this ordinance shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for not more than ninety (90) days or both. 3. In the enforcement of this ordinance, the Prosecuting Attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this ordinance from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to tha approval of the Superior Court of the County. A violation of such assurance shall constitute prima facie proof of a violation of this ordinance. 4. Whenever any parcel of land is divided into five or more lots, tracts, or parcels of land, it shall be unlawful for any person, firm or corporation or any agent of any o�them to sell or txansfer, or offer to sell, lease or rent, or to transfer any lot, tract or parcel without having final plat of such subdivision recorded with the Grant County Auditor. 5. Any frm, person, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this ordinance or any local regulations adopted pursuant thereto, relating to the sale, offer for sa1e, lease, rent, or transfer of any lot, �ract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease, rent, or transfer of each separate lot, tract or parcel of land in violation of any provision of this ordinance or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. Section 59 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 the provision to other persons or circumstances shall not be affected. 19 Section 60 REPEALER. All previous regulations and rules and/or ordinances relating to the subdivision and platting or land adopted prior to this ordinance, are repealed, effective as of the effective date of this ordinance. 20 Sec�ion 61 EFFECTIVE DATE. This ordinance shall become effective on November 24. 1997. Done this 24th day of November, 1997 .? � (� r � � Leroy A1 son, Chairman ATTEST: � "� � �� ��i� ° o°v Peggy Grig Clerk of the Board APPROVED AS TO FORM BY: Steven Hallstrom Deputy Prosecuting Attorney 21 Board of County Commissioners Grant County, Washington