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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 al the P�ord 14.E rhAirmnn f / Cornm 4�kon�r 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. 3 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. 4 (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. 5 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. 6 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. 7 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. 8 (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. 9 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. 10