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CHAPTER 17.10 PLATTING SECTION: 17.10.005: Applicability 17.10.020: Procedure and Requirements 17.10.030: Approval - Prerequisites 17.10.040: Notice of Filing 17.10.050: Hearing - Notice 17.10.060: Hearing - Recommendation 17.10.070: Approval of Plat 17.10.080: Provisions for Public Health, Safety, and Welfare 17.10.090: Approval – Flood – Protection 17.10.100: Application for Approved Preliminary Plat Alteration 17.10.110: Procedure for Approved Preliminary Plat Alteration 17.10.200: Approval of Plats 17.10.210: Final Plat - Procedure Requirements 17.10.220: Final Plat 17.10.230: Certification of Survey 17.10.240: Certification of Description 17.10.250: Approval of Final Plat 17.10.260: Construction of Improvements 17.10.270: Approval Before Filing 17.10.280: Unauthorized Sale or Transfer 17.10.290: Agreement to Sell Upon Recording 17.10.300: Review of Final Approval 17.10.005: Applicability: Every division of land for the purpose of lease or sale into ten or more lots must comply with this Chapter. (Ord. 5280 Sec. 1, 2010) 17.10.020: Procedure and Requirements: Preliminary Plats must be prepared by or under the direct supervision of a professional licensed surveyor licensed by the State of Washington and submitted to the Planning Department for recommendations and then to the Hearing Examiner for final action. For procedures, when in conjunction with other land use actions, see KMC 4.12. (Ord. 5415 Sec. 7, 2012: Ord. 5322 Sec. 39, 2010: Ord. 5280 Sec. 1, 2010) 17.10.030: Approval - Prerequisites: A preliminary plat application must include: A map drawn to a scale not to exceed one hundred feet to the inch, and which includes the following: A vicinity map at a legible scale, showing the relationship of the proposed plat to surrounding schools, parks, etc., and to all streets within one thousand feet, or to the next major street, whichever is greater; The proposed name of the subdivision, the name and address of the owner or owners, the subdivider, the licensed engineer, licensed land surveyor, licensed landscape architect, or other preparer, the names of all existing abutting streets 17.10 - 1 ---PAGE BREAK--- and subdivisions, and a legal description of the exterior boundaries of the land to be subdivided; The location, width, and name of all proposed streets, the dimensions of other proposed rights-of-way, alleys, easements, parks, playgrounds, open spaces, schools, etc., the scale of the plat, and a north arrow; The elevation, referenced to U.S. Coast and Geodetic datum, at every corner of the plat boundary, and any areas within the plat that are substantially different from the property corner elevations. Prior to preliminary plat approval, the City Engineer may require the elevation or contours of certain areas within the plat. The map will also show the location and areas of all natural watercourses, major tree masses, major rock outcroppings, and other similar landscape features; Lot and block numbers, the dimensions of each lot, the dimensions and acreage of the total plat, the smallest lot and largest lot of the proposed plat, and the average lot size and all tracts listed with designation; An indication of those lots which are to be used other than for residential purposes, an indication of their intended use, and whether said lots are to be dedicated to a municipal corporation or school; An indication of any portion or portions of the plat for which successive or separate final plats are to be filed, and the approximate filing date of each. The filing date of successive or separate final plats must meet the requirements of Sections 17.04.030 and 17.10.070; All existing structures proposed to remain on the area to be subdivided, and all existing septic tanks, drain fields and wells with dimensions from all structures to new property lines; Any preliminary restrictive covenants proposed to be included in the deeds. Final covenants must be reviewed by the City prior to final plat approval; Parent parcel number(s) with the boundary of the parent parcel shown by a dotted line; All existing and planned intersection locations and widths to include public and private roadway intersections, driveways, and recorded access easements for roadways shall be shown for a distance of 300 feet from the plat edges along any adjacent roadways. The City Traffic Engineer may consider exceptions to this requirement; A topographic map with contours at an interval of five feet or less; and City of Kennewick file number to be shown at the final version of preliminary plat drawing after the applicant has been given the file number by City staff. A preliminary plat application form, signed by the owner, or his agent, with one reproducible copy of the proposed map, and the required number of prints; A plat application fee in accord with the adopted fee schedule; A certificate from a title insurance company, issued no more than 30 days prior to application, showing ownership of the property involved, a list of names and addresses of all property owners within 300 feet, and a list of lienholders; The location and design of fencing to be constructed along abutting streets; All subdivisions shall utilize the City sanitary sewer system as the means of sewage disposal. Subdivisions proposing individual on-site waste disposal systems as the means of sewage disposal shall be prohibited; 17.10 - 2 ---PAGE BREAK--- Whether or not the property is to be connected to an irrigation source, and, if not, written verification from the appropriate irrigation district as to what is involved to connect to an irrigation source; SEPA checklist; and A conceptual grading plan in conformance with KMC 18.72. (Ord. 5415 Sec. 8, 2012: Ord. 5280 Sec. 1, 2010) 17.10.040: Notice of Filing: Notice of filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of another municipal boundary, must be given to the appropriate municipal official. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of any existing or proposed state or federal highway, must be given to the State Department of Transportation. Notice of the filing of a preliminary plat of a proposed subdivision may be given to any other agency deemed prudent by the City. (Ord. 5280 Sec. 1, 2010) 17.10.050: Hearing - Notice: Upon the Planning Department's receipt of an application for preliminary plat approval, a date for the Hearing Examiner public hearing will be set. Notice of such hearing will be given by publication of at least one notice, not less than 15 days prior to the hearing, in a newspaper of general circulation within the City and include the hour and location of the hearing and a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. Special notice of such hearing will be given by mail to the owner, all persons having an interest in the property, and adjacent land owners. Adjacent land owners are the owners of real property as shown on the records of the County Assessor, located within 300 feet of any portion of the boundary of the proposed subdivision. If the owner of the real property, which is proposed to be subdivided, owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice will be given to owners of real property located within 300 feet of any portion of the boundaries of such property. All public notification, public hearing and public participation shall be according to KMC 4.12.090. (Ord. 5322 Sec. 40, 2010: Ord. 5280 Sec. 1, 2010) 17.10.060: Hearing - Recommendation: The Plat Administrator shall schedule the Hearing Examiner public hearing to review all preliminary plats. Prior to the public meeting, the Plat Administrator will review and make recommendations of approval, conditional approval, or disapproval, and assure conformance of the proposed subdivisions to the Comprehensive Plan and to planning standards and specifications adopted by the City. Upon Hearing Examiner’s determination, the Plat Administrator shall issue the notice of final decision to the applicant according to KMC 4.12.070. Every decision or recommendation must be in writing and include findings of fact and conclusions. No plat may be approved unless it conforms with the Comprehensive Plan and KMC Title 18. (Ord. 5415 Sec. 9, 2012: Ord. 5322 Sec. 41, 2010: Ord. 5280 Sec. 1, 2010) 17.10.070: Approval of Plat: Preliminary Plats must be approved, conditionally approved, disapproved, or returned to the applicant for modification or correction, within 120 days from the date of filing, unless the applicant consents to an extension, but the 120-day period does not include the time spent making an environmental assessment determination, and the prepa- ration and circulation of any environmental impact statement required by RCW 43.21C. A final plat, meeting all requirements of this Title, must be submitted to the City for approval within seven years of the preliminary plat approval if the date of preliminary plat approval is 17.10 - 3 ---PAGE BREAK--- on or before December 31, 2014, and within five years of the date of preliminary plat approval if the date of preliminary plat approval is on or after January 1, 2015. A final plat shall be submitted within ten years of the date of preliminary plat approval if the project is not subject to requirements adopted under Chapter 90.58 RCW and the date of preliminary plat approval is on or before December 31, 2007. Nothing in this section prevents the City from allowing other extensions of time, which may or may not contain additional or altered conditions and requirements. A request for an extension of time must be made prior to the plat expiration. (Ord. 5538 Sec. 1, 2014: Ord. 5415 Sec. 10, 2012: Ord. 5322 Sec. 42, 2010: Ord. 5280 Sec. 1, 2010) 17.10.080: Provisions for Public Health, Safety, and Welfare: The Hearing Examiner will inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. All proposed subdivisions will be reviewed to determine their conformance with the Comprehensive Plan, comprehensive water plan, utilities plan, and Comprehensive Parks and Recreation Plan, and anything else necessary to assist in determining if the plat should be approved. Appropriate provisions must be made for, but not limited to: The public health, safety, and general welfare; For open spaces, drainage ways, streets or roads, alleys, public sidewalks, utility easements and other public ways; Transit stops; Potable water supplies; Sanitary wastes; Parks and recreation areas; Playgrounds; Schools and school grounds; and Shall consider all other relevant facts and other planning features that assure safe walking conditions for students who only walk to and from school. All relevant facts will be considered to determine whether the public interest will be served by the subdivision and dedication. If it is determined that the proposed subdivision makes such appropriate provisions, then the Hearing Examiner must approve the proposed subdivision. Dedication of land to any public body may be required as a condition of subdivision approval. The Hearing Examiner will not, as a condition to the approval of any plat, require a release from damages to be procured from other property owners; If school district or electrical utility plans indicate that property within a proposed subdivision is required for a school or electrical facilities, the District must submit a request prior to preliminary plat approval, indicating an intent to consider acquiring the property. The letter should include the area and location of the property. Within ninety days after submittal of a preliminary plat or approval of a final plat, whichever occurs first, the school district or electrical utility and the applicant must indicate in writing, that an agreement has been reached for the acquisition of the required property. Should an agreement not be reached within that time, the City will consider approval of the plat, unless an extension of time is requested by the applicant; Land will be dedicated for park purposes as set forth in KMC 17.100.010; The City may impose any condition necessary to protect the health, safety, and welfare of the property users, both within and adjacent to property to be subdivided. Such conditions may include, but are not limited to, the following: Relocation of lots, streets, sidewalks, pedestrian walkways and utility easements and other plat features; 17.10 - 4 ---PAGE BREAK--- Regulation of lot sizes; Regulation of street width; Dedication and improvements of public access to public parks, playgrounds, open spaces, and schools; City review of maintenance agreements, any restrictive covenants, and homeowner’s association and bylaws; and Such other conditions as will make possible development of the City in an orderly and efficient manner, and in conformity with this code and the Comprehensive Plan. (Ord. 5415 Sec. 11, 2012: Ord. 5322 Sec. 43, 2010: Ord. 5280 Sec. 1, 2010) 17.10.090: Approval – Flood – Protection: The City may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements required by KMC 18.66, may be required as a condition of approval, and such improvements must be noted on the final plat. No plat will be approved in a flood control zone, as provided in RCW Chapter 86.16, without the prior written approval of the Department of Ecology, State of Washington. (Ord. 5280 Sec. 1, 2010) 17.10.100: Application for Approved Preliminary Plat Alteration: When any person desires the alteration of an approved preliminary plat, or portion thereof, an application must be filed with the City on a form supplied by it. The application must include the signatures of a majority of the owners of the lots, tracts, parcels, sites or divisions in the division or portion to be altered and include a list of all owners within the division. If the division is subject to restrictive covenants, which were filed at the time of the approval of the division and the alteration would result in the violation of a covenant, the application must be signed by all parties subject to the covenants. (Ord. 5507 Sec. 1, 2013: Ord. 5415 Sec. 12, 2012) 17.10.110: Procedure for Approved Preliminary Plat Alteration: Upon receipt of a completed application requesting an alteration of an approved preliminary plat, the City will notify all owners of the property within the division as provided in KMC 17.10.050. The Planning Director shall have the authority to determine whether a proposed alteration constitutes a minor or major alteration. The Planning Director shall have the authority to approve a minor alteration. The Planning Director shall determine an alteration is minor if the criteria listed in through below are met and issue a written decision on minor amendments that contain the following findings: Does not decrease the aggregate area of open space within the proposed subdivision; and Does not increase the number of lots within the subdivision beyond the number approved in the preliminary plat; and Does not result in violation of adopted standards or regulations; and Access points identified on the preliminary plat are not reduced, increased or significantly altered; and Does not result or cause the subdivision to be inconsistent with the findings, conclusions or decision of the Hearing Examiner; and May be granted if there are no proposed changes to the Hearing Examiner’s conditions of approval. 17.10 - 5 ---PAGE BREAK--- The Planning Director may include conditions as part of an approval to ensure conformance with the above criteria. A proposed alteration that does not meet the above criteria shall be considered a major alteration and shall be processed as a new and separate application. The Hearing Examiner will conduct a public hearing and determine the public use and interest in the proposed major alteration and may deny or approve the application. If any land within the alteration is part of an assessment district, any outstanding assessments must be equitably divided and levied against the remaining lots, parcels or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the division, such land may be altered or divided equitably between the adjacent properties. (Ord. 5507 Sec. 2, 2013: Ord. 5415 Sec. 13, 2012) 17.10.200: Approval of Plats: Sole authority to approve final plats resides in the City Council. (Ord. 5280 Sec. 1, 2010) 17.10.210: Final Plat - Procedure Requirements: Each preliminary plat submitted for final approval by the City Council must be accompanied by the following agency recommendations: Local health district or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply; Planning Department, as to compliance with all terms of the preliminary approval of the proposed plat, subdivision, or dedication; and City Engineer. No agency under and of this section, may modify the terms of its recommendation without the consent of the applicant. (Ord. 5280 Sec. 1, 2010) 17.10.220: Final Plat: Every plat or replat must: Contain a statement of approval from the City Engineer; Be accompanied by a complete survey map of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly fix the subdivision boundaries. The final plat must include a description of the monuments found during the survey and a description of all monuments set. The plat must include the complete legal description for the exterior boundaries of the subdivision. Any deviation from the recorded legal description found by the land surveyor in the process of the survey must be noted within the plat. The allowable error of closure for both plat calculations and boundary monuments must not exceed one foot in ten thousand feet. The plat must contain all distances and bearings to fix the subdivision and determine position of lot corners; Include a list of the lot areas of all lots and tracts; Include a note in the face of the plat stating that all conditions of the preliminary plat must be complied with; Be acknowledged by the person filing the plat before the auditor of Benton County or any other officer who is authorized by law to take acknowledgment of deeds, and a certificate of that acknowledgement must be enclosed with or annexed to the plat, and recorded therewith; Contain a certification from the proper officer or officers in charge of tax collections, that all taxes and delinquent assessments for which the property may be liable as of the date of certification, have been duly paid, satisfied, or discharged; Contain the following certificates: 17.10 - 6 ---PAGE BREAK--- Owner’s Certificate: I/We (owner’s name) of (Company name, if owned by a company), hereby certify that we are the owners of the tract of land described hereon and that we have caused said land to be surveyed and the lots created as shown and that the street right-of-way and the utility easements are hereby dedicated to the use of the public. Signature Date Land Surveyor’s Certificate: I, (surveyor’s name), a registered land surveyor, hereby certify that the plat as shown hereon is based on an actual field survey of the land described and that all corners and dimensions are correctly shown and that said plat is staked on the ground as indicated hereon. Signature Date Treasurer’s Certificate: I hereby certify that the taxes on the land described hereon have been paid to and including the year Tax Parcel Number Benton County Treasurer Date Irrigation District Certificate: Non-Irrigable Lands (Dry) - Approvals. This land is within the Irrigation District boundaries, but is not assessed at this time and the irrigation easements are approved as shown. Signature Title Date (ii) Irrigable Lands - Approvals. The irrigation assessments on the land described hereon are paid through the year . The irrigation right-of-way and easement as shown hereon are hereby approved and the completed irrigation water distribution system has been installed or provision made for its installation. Signature Title 17.10 - 7 ---PAGE BREAK--- Date Utility Company Certificates: The utility easements as shown hereon are hereby approved by the following utilities: Appropriate Electrical Utility Signature Title Date (ii) Appropriate Telephone Utility Signature Title Date (iii) Appropriate Television Utility Signature Title Date (iv) Appropriate Gas Utility Signature Title Date City of Kennewick’s Certificate: The plat is hereby approved by and for the City of Kennewick, Benton County, Washington City of Kennewick File Number Signature, City of Kennewick Plat Administrator Date Signature, Kennewick City Engineer Date Signature, Mayor, City of Kennewick Date 17.10 - 8 ---PAGE BREAK--- Attest: City Clerk, City of Kennewick Date Auditor’s Certificate: Filed for record this day of (Month), (Year), at minutes past and recorded in volume of surveys, page at the request of Benton County Auditor Fee number If a utility company does not sign a final plat, approval still resides in the City Council. No engineer who is connected in any way with the subdividing and platting of the land may examine and approve the plat on behalf of the City. (Ord. 5415 Sec. 14, 2012: Ord. 5280 Sec. 1, 2010) 17.10.230: Certification of Survey: The survey of the proposed subdivision and preparation of the final plat must be made by or under the supervision of a registered land surveyor, who must certify on the plat that it is a true and correct representation of the lands actually surveyed. (Ord. 5280 Sec. 1, 2010) 17.10.240: Certification of Description: Every final plat must contain a certificate giving a full and correct description of the lands as they appear on the plat, including a statement that the subdivision has been made with the consent and in accord with the desires of the owner or owners. If the plat contains a dedication, the certificate or a separate written instrument must so indicate. The certificate or instrument of dedication must be signed and acknowledged before a notary public by all parties having any interest in the lands and recorded as part of the final plat. Every plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the plat is in the name of the owner signing the certificate or instrument of dedication. An offer of dedication may include a waiver of right of direct access to any street from the property, and if the dedication is accepted, any such waiver becomes effective. Such a waiver may be required by the City as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation, or grant, shown on the face of the plat is equivalent to a quit claim deed to the donees or grantees. (Ord. 5280 Sec. 1, 2010) 17.10.250: Approval of Final Plat: When the City Council finds that the subdivision proposed for a final plat conforms to the approved preliminary plat and meets the requirements of this code and other applicable state laws, it will suitably inscribe and execute its written approval on the face of the plat. The original must be filed with the County Auditor. One reproducible copy and one paper copy must be furnished to the City Engineer. One paper copy must be filed with the County Assessor. Paper copies must be made available to other agencies at no expense to the City. Any lot in a final plat is a valid nonconforming use, notwithstanding any change in zoning for a period of five years from the date of filing. A subdivision is governed by the terms of its approval and the law in effect at the time, for a 17.10 - 9 ---PAGE BREAK--- period of five years after preliminary plat approval, unless the City Council finds that a change in conditions creates a serious threat to the public health or safety. Nothing contained in this section shall act to prevent the City from adopting, by ordinance, procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements. (Ord. 5415 Sec. 15, 2012: Ord. 5280 Sec. 1, 2010) 17.10.260: Construction of Improvements: Prior to final plat approval, all public rights-of- way must be improved to the minimum requirements of this code and the preliminary plat. Improvements may be greater than the minimum requirements, subject to approval of the City Engineer. In lieu of required improvements, a plat bond issued by a licensed corporate surety or two individual sureties or other approved surety must be provided to the full amount of the cost of such work, as estimated or approved by the City Engineer, including construction inspection costs, but in no case less than $2,000.00. All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or upon substitution of another approved bond or security. All streets and other public rights-of-way must be improved within two years after final plat approval, in accord with the approved plans. If, after two years, all public rights-of-way are not so improved, the City will cause the streets to be improved in accord with the approved plans, and the costs thereof must be paid by the bonding company, or out of the savings account assignment or other security. In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety approved by the City Manager and City Attorney, equal to the cost of improvement may be posted. In addition, the City may require security up to two years against any defect in workmanship or materials in the installation of the improvements. Improvements must be designed and certified by a registered civil engineer prior to the acceptance. All city utility and street improvements must be approved by the City Engineer prior to final inspection and occupancy of any structure within the plat. (Ord. 5280 Sec. 1, 2010) 17.10.270: Approval Before Filing: The County Auditor may not accept any plat for filing until approved by the City Council. Should a plat or dedication be filed without approval, the City may compel the auditor and assessor to remove it from their files or records. (Ord. 5280 Sec. 1, 2010) 17.10.280: Unauthorized Sale or Transfer: Whenever any parcel of land is divided, and any person, firm or corporation, or their agent sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a plat of such subdivision filed for record, the City Attorney may commence an action to restrain and enjoin further subdivisions, sales, transfers, or offers and to compel compliance with this Title. The costs of such action will be taxed against the person, firm, corporation, or agent selling, transferring, or offering the property. (Ord. 5280 Sec. 1, 2010) 17.10.290: Agreement to Sell Upon Recording: An offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval which is expressly conditioned on the recording of the final plat is lawful. All payments on account of an offer or agreement conditioned as provided in this section must be deposited in an escrow or other regulated trust account and no disbursement to sellers is permitted until the final plat is recorded. (Ord. 5280 Sec. 1, 2010) 17.10.300: Review of Final Approval: Any person defined in RCW 58.17.180 and any person aggrieved by the approval, disapproval, or conditioning of a plat or replat may apply to 17.10 - 10 ---PAGE BREAK--- the Superior Court of Benton County for such relief as he may be entitled within twenty-one days of the action. (Ord. 5280 Sec. 1, 2010) 17.10 - 11