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17.13 - 1 CHAPTER 17.13 SHORT PLATS SECTION: 17.13.010: Applicability 17.13.030: Plat Administrator 17.13.040: Preliminary Short Plat Application 17.13.045: Expiration 17.13.050: Plat Map 17.13.055: Conditional Approval of Preliminary Short Plat 17.13.060: Administrative Review 17.13.070: Roads and Rights-of-way 17.13.075: Procedure - Appeal 17.13.081: Final Short Plat Requirements 17.13.082: Final Short Plat Administrative Review 17.13.085: Final Plat Map 17.13.092: Approval of Final Short Plat 17.13.095: Construction of Improvements 17.13.100: Approval Before Filing 17.13.105: Unauthorized Sale or Transfer 17.13.110: Agreement to Sell Upon Recording 17.13.120: Resubdivision Procedure 17.13.140: Certification of Description 17.13.150: Notice of Application 17.13.160: Short Plat Alterations 17.13.170: Procedure for Short Plat Alterations 17.13.010: Applicability: Every division of residentially zoned land for the purpose of lease or sale into two or more, but less than ten lots, must comply with this Chapter. (Ord. 5415 Sec. 25, 2012: Ord. 5280 Sec. 1, 2010) 17.13.030: Plat Administrator: The Planning Director or his/her designee, shall act as the City's Plat Administrator. The Plat Administrator (“Administrator”) will summarily approve, conditionally approve, or disapprove proposed final short plats. The Administrator may adopt reasonable rules to implement this Chapter. (Ord. 5686 Sec. 1, 2016: Ord. 5415 Sec. 27, 2012: Ord. 5280 Sec. 1, 2010) 17.13.040: Preliminary Short Plat Application: All preliminary short plat applicants must submit a short plat application signed by all property owners of the short subdivision and consisting of the following: A copy of a short plat map prepared in a format designated by the Plat Administrator and in accord with Section 17.13.050; A title report dated not more than 30 days prior to the application date showing the name of anyone with an interest in the land being subdivided; A filing fee in accord with the adopted fee schedule; and ---PAGE BREAK--- 17.13 - 2 Those plats proposing individual on-site waste disposal systems as the means of sewage disposal must include a preliminary review from the Benton-Franklin Health District indicating the proposal generally complies with health district regulations or gives specific conditions necessary to bring a proposal into compliance with said regulations. (Ord. 5686 Sec. 2, 2016: Ord. 5415 Sec. 28, 2012: Ord. 5342 Sec. 2, 2011: Ord. 5280 Sec. 1, 2010) 17.13.045: Expiration: Expiration of permits and applications under this Chapter shall be determined as provided under KMC 4.12.075. (Ord. 5470 Sec. 1, 2012) 17.13.050: Plat Map: A plat map must be submitted in a format designated by the Plat Administrator on a sheet size capable of printing to eighteen inches by twenty-four inches, to a scale not to exceed one inch equals one hundred feet, unless otherwise approved by the Administrator. The plat map must be of the entire contiguous tract and must include the following: The parent parcel tax ID number; Street address brackets on each parcel; The boundaries of abutting property, current references to recorded plats of adjoining land by record name, date, number and parcel number; A completed survey showing the boundaries of each lot, the total short subdivision, and a description of all monuments set; The legal description of the boundary of the short subdivision; The location of all existing structures to remain, existing septic tanks, drain fields and wells with dimensions to proposed property lines; The location of roads, utilities, easements, or rights-of-way existing and proposed for the short plat; 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 vicinity map; (10) Approval of certificates as shown below: Owner's Certificate and acknowledgement: Owner's Certificate in the following format: 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 (ii) Acknowledgement in a format consistent with Section 17.13.140 Land Surveyor's Certificate: I, (surveyor's name), a registered land surveyor, hereby certify that the short 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 short plat is staked on the ground as indicated hereon. ---PAGE BREAK--- 17.13 - 3 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: Certificate in format determined by the applicable districts. Public Utility District Certificate: The utility easements are hereby approved by Benton Public Utility District No. 1. Signature Title Date City of Kennewick Plat Administrator's Certificate: The short plat is hereby approved by and for the City of Kennewick, Benton County, Washington. City of Kennewick File Number City of Kennewick Plat Administrator 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 (Ord. 5686 Sec. 3, 2016: Ord. 5575 Sec. 1, 2014: Ord. 5470 Sec. 2, 2012: Ord. 5415 Sec. 29, 2012: Ord. 5280 Sec. 1, 2010) 17.13.055: Conditional Approval of Preliminary Short Plat: Preliminary Short Plats must be conditionally approved, or returned to the applicant for modification or correction, or denied within 30 days from the date of filing, unless the applicant consents to an extension. The 30-day period does not include the time spent making an environmental determination, and the preparation and circulation of any environmental impact statement required by RCW ---PAGE BREAK--- 17.13 - 4 43.21C. The reasons for denial must be given in writing. Written findings that are appropriate must be provided with each conditional approval or denial (RCW 58.17.060). A final short plat, meeting all the requirements of this Title, must be submitted to the City for approval within 180 days of the preliminary short plat conditional approval as provided under KMC 4.12.075. (Ord. 5686 Sec. 8, 2016) 17.13.060: Administrative Review: Upon the receipt of a completed preliminary short plat application, copies of the information will be distributed to any involved parties and agencies as necessary for review. The City, with the assistance of other reviewing agencies, will grant Preliminary Short Plat approval when the following findings are made: The proposed lots conform to the Kennewick Municipal Code; The proposed short subdivision meets the criteria of Section 17.10.080(1); Applicable irrigation assessments will be paid and adequate utility easements will be provided; and The public use and interest will be served by permitting the proposed division of property. (Ord. 5686 Sec. 4, 2016: Ord. 5415 Sec. 30, 2012: Ord. 5280 Sec. 1, 2010) 17.13.070: Roads and Rights-of-Way: The City Engineer will review each short subdivision to determine if there is or may be a need for public access through or abutting a proposed short subdivision. If such a need does or may exist, he may recommend that any approval of the short subdivision be conditioned upon the dedication of right-of-way and the construction of needed streets to city standards. If the proposed short subdivision abuts an existing right-of-way, the City Engineer may recommend that additional right-of-way and/or public sidewalk and utility easements be dedicated to obtain one-half the required width of the street as established by any street plan and that the right-of-way be improved to city standards. (Ord. 5280 Sec. 1, 2010) 17.13.075: Procedure - Appeal: Any person aggrieved by the decision of the Administrator to conditionally approve, or disapprove a proposed preliminary short plat may appeal the decision to the Hearing Examiner within ten days following issuance of the decision. The Hearing Examiner will hold an open record appeal hearing and may affirm or reverse the Administrator's decision or may remand the application to the Administrator with instructions to approve the same upon compliance with conditions imposed by the Hearing Examiner. Any person aggrieved by a decision of the Hearing Examiner may appeal to the Superior Court of Benton County for such relief as he may be entitled within twenty-one (21) days of the decision. (Ord. 5686 Sec. 7, 2016: Ord. 5415 Sec. 32, 2012: Ord. 5322 Sec. 44, 2010: Ord. 5280 Sec. 1, 2010). 17.13.081: Final Short Plat Requirements: All final short plats must provide the following: A required number of copies of a short plat map prepared in accord with Section 17.13.040 in a format designated by the Plat Administrator. (Ord. 5686 Sec. 9, 2016) 17.13.082: Final Short Plat Administrative Review: Copies of the information will be distributed to any involved parties and agencies as necessary for review. The City, with the assistance of other reviewing agencies, will determine whether: The proposed final short plat meets the conditions of approval of the preliminary short plat;. The final plat map meets the requirements of KMC 17.13.050 and 17.13.095. (Ord. 5686 Sec. 10, 2016) ---PAGE BREAK--- 17.13 - 5 17.13.085: Final Plat Map: A final plat map must be submitted in a format designated by the Plat Administrator. The plat map must be of the entire contiguous tract and must include the following: All items and certificates required and approved on the Preliminary Short Plat; The location of existing roads, utilities, easements, or rights-of-way. (Ord. 5686 Sec. 11, 2016) 17.13.092: Approval of Final Short Plat: Upon final approval, a short plat drawn on an eighteen (18) inches by twenty- four (24) inches sheet of material approved by the County Auditor, to all the requirements of this section and submitted for City of Kennewick Plat Administrator's signature with the surveyor's certificate, owner's certificate with dedication, acknowledgement, and utility signatures completed. When the Plat Administrator finds that the subdivision proposed for a final short plat conforms to the approved preliminary short 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. Copies of the recorded plat must be furnished to the City in a format designated by the Plat Administrator. (Ord. 5686 Sec. 12, 2016) 17.13.095: Construction of Improvements: Prior to final plat approval: All public rights-of-way must be improved and utilities installed to the minimum requirements of this code and the preliminary plat. Improvements may be greater than the minimum requirements, subject to approval of the Public Works Director. All required infrastructure improvements must be substantially completed as approved by the Public Works Director. Minor improvements consisting only of sidewalks and landscaping where applicable, or similar improvements, as determined solely by the Public Works Director may be secured by a plat bond. In lieu of completion of these minor improvements, prior to recording of the short plat, 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 Public Works Director, 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 Public Works Director, or upon substitution of another guarantee or approved bond or security. If, after two years, all improvements are not so improved, the City will cause the improvements to be provided 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 multiplied by 125% 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. ---PAGE BREAK--- 17.13 - 6 All city utility and street improvements must be approved by the Public Works Director prior to final inspection and occupancy of any structure within the plat. (Ord. 5686 Sec. 13, 2016) 17.13.100: Approval Before Filing: The County Auditor may not accept any plat for filing until approved by the City of Kennewick Plat Administrator. Should a plat be filed without approval, the City may compel the auditor and assessor to remove it from their files or records. (Ord. 5686 Sec. 14, 2016) 17.13.105: 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. 5686 Sec. 15, 2016) 17.13.110: Agreement to Sell Upon Recording: An offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary short 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. 5686 Sec. 5, 2016: Ord. 5280 Sec. 1, 2010) 17.13.120: Resubdivision Procedure: Land within a short subdivision may not be further divided in any manner within a period of five years without the filing of a long plat, but if the short plat contains less than four parcels, the owner may, within five years, create up to four parcels within the original short plat boundaries. Property considered to be within a short subdivision are all lots which are recorded with a short subdivision and with lot numbers, including all such lots which are less than 20 acres. (Ord. 5280 Sec. 1, 2010) 17.13.140: Certification of Description: Every short 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 short 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 short 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) 17.13.150: Notice of Application: Notice of application of a short plat adjacent to or within one mile of another municipal boundary, must be given to the appropriate municipal official. ---PAGE BREAK--- 17.13 - 7 Notice of such application 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 application may be given to any other agency deemed prudent by the City. (Ord. 5686 Sec. 6, 2016: Ord. 5280 Sec. 1, 2010) 17.13.160: Short Plat Alterations: When any person desires the alteration of an approved short plat or portion thereof, except as provided in KMC 17.04.010(1), an application shall be filed with the department on forms provided by the City. 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. 5415 Sec. 33, 2012) 17.13.170: Procedure for Short Plat Alterations: Upon receipt of a completed application, the Administrator shall notify all owners of property within the short subdivision and as provided in KMC 4.12.090. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The Administrator may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a change of condition. Alterations may be approved by the Administrator, if the Administrator determines that the public use and interest will be served by the alteration. (Ord. 5415 Sec. 34, 2012)