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HomeMy WebLinkAbout6061ORDINANCE NO. 6 0 6 1 AN ORDINANCE OF THE CITY OF AUBURN, WA SECTIONS 17.10.010, 17.14.070 AND 17.16.030 CODE, RELATING TO SUBDIVISIONS CITY COUNCIL OF THE SHINGTON, AMENDING 17.10.050, 17.14.050, OF THE AUBURN CITY REQUIREMENTS FOR WHEREAS, Title 17 of the Auburn City Code, known as the Land Division Ordinance, was initially adopted in July 1988 and contains submittal requirements for subdivision applications; and WHEREAS, Chapters 17.10, 17.14 and 17.16 address the submittal, review and recording of preliminary and final plats, short subdivisions and boundary line adjustments, respectively; and WHEREAS, RCW 58.17.280 requires all plat documents to include the assigned street address for each lot; and WHEREAS, the City of Auburn finds it preferable for City staff to be responsible for the recording of official subdivision documents with the appropriate county recording offices; and WHEREAS, the City of Auburn Planning Commission conducted a duly advertised public hearing on the proposed amendments on September 6, 2006 and subsequently voted unanimously to recommend approval of said amendments to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance No.6061 November 28, 2006 Page 1 of 10 Section 1. Amendment to City Code. Section 17.10.010 is hereby amended as follows: _ c~+._ A. Application. _ ~. ~~~~~e ~ ~.,~ ~ ~ ~ ~~~~~;.~i_ion fcrfinal plat meeting all requirements of Chapter 58.17 RCW and this title shall be submitted to the ~ ~~_ .The final plat shall be accompanied by a copy of the approved preliminary plat ,__any documents required by this section ry __ ~ ''" . An application for final plat approval shall be approved or returned to the applicant for corrections within 30 days of its receipt by the department unless the applicant agrees, in writing, to an extension of this time period. The department shall not be considered to be in receipt of an application for final plat approval unless and until such time as the application meets the requirements of this section, as determined by the director. B. Preparation. The final plat shall be prepared by a professional land surveyor licensed by the state of Washington. The preparer shall, by placing his or her signature and stamp upon the face of the plat, certify that the plat is a true and correct representation of the land actually surveyed by the preparer, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct. C. Scale and Format. The final plat shall be drawn with India ink on mylar measuring 18 inches by 22 inches in size, allowing one-half inch for border. The final plat shall be accurate, legible and drawn to an engineering (decimal) scale of 100 feet or fewer to the inch. If more than one sheet is required, an index sheet showing the entire subdivision with street and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size. All signatures or certifications appearing on a final plat shall be in reproducible black ink. D. Final Plat Contents. A final plat shall contain the following information: 1. The name of the subdivision; 2. Legal description of the property being subdivided; 3. Numeric scale, graphic scale, true north point and date of preparation of the final plat; 4. The boundary line of the plat, referenced to city "` datum and based on an accurate traverse, with angular and linear dimensions and bearings; 5. The exact location, width and name of all streets, alleys and other public ways within and adjacent to the subdivision; The exact location, width and purpose of all easements and dedications for rights-of-way provided for public and private services and utilities; True courses and distances to the nearest established street lines, or section or quarter section corner monuments which shall accurately locate the subdivision; Ordinance No.6061 November 28, 2006 Page 2 of 10 9. Municipal, township, county or section lines accurately tied to the lines of the plat by distances and courses; ~~ ~ ~"~. All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet; . The radii, internal angles, points of curvature, tangent bearings and lengths of all arcs; "'~ The accurate location of each permanent control monument. One such }- monument shall be located at each and every controlling corner on the boundaries of the parcel of land being subdivided; at each street centerline intersection, each point of curvature (PC), each point of tangency (PT), and each point of reverse curve (PRC); and at each intersection of a street centerline with a plat boundary; 1 ~' All plat meander lines or reference lines along bodies of water shall be established above, but not farther than 20 feet from the highwater line of such body; . Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes of such dedication or reservation and any limitations indicated thereon and in the dedication; - .Accurate outlines of any areas to be reserved by deed covenant for common use of owners of property within the subdivision, together with the purposes of such reservation; ~~~'~`. Any restrictions or conditions on the lots or tracts within the subdivision, as required by the city council or at the discretion of the property owner; .The name, and seal of the licensed land surveyor responsible for preparation of the final plat, and a signed certification on the plat by said surveyor to the effect that it is a true and correct representation of the land actually surveyed by him or her, that the existing monuments shown thereon exist as located and that all dimensional and geodetic details are correct; . A signed certification stating that the subdivision has been made with the free consent, and in accordance with the desires of the owner or owners. If the plat includes a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage or maintenance of said street or other areas so dedicated. Such certificate or instrument shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided. An offer of dedication may include a waiver of right of direct access to any street from any property. Such waiver may be required by the city engineer 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 as shown on the face of the plat shall be considered as a quit claim deed to the said donee or grantee for use for the purpose intended by the donation or grant. At the discretion of the city engineer conveyances of right-of-way may be required to be by statutory Ordinance No.6061 November 28, 2006 Page 3 of 10 warranty deed. The acceptance of right-of-way by the city shall not obligate the city to improve or develop the lands in the right-of-way; . Forms for the appropriate certifications of the finance director, city engineer and planning director, as follows: FINANCE DIRECTOR'S CERTIFICATE I hereby certify that there are no delinquent special assessments for which the property subject to this subdivision may be liable to the City, and that all special assessments on any property herein contained dedicated as streets, alleys or for any other public use have been duly paid, satisfied or discharged, this day of Auburn Director of Finance CITY ENGINEER'S CERTIFICATE I hereby certify that this final plat is in compliance with the certificate of improvements issued pursuant to A.C.C. 17.08.020, and is consistent with all applicable City improvement standards and requirements in force on the date of preliminary plat approval, this day of , Auburn City Engineer PLANNING DIRECTOR'S CERTIFICATE I hereby certify on this day of ;'- that this final plat is in substantial conformance with the preliminary plat and any conditions attached thereto, which preliminary plat was approved by Resolution Number of the Auburn City Council on the day of , Auburn Planning Director . A form for the approval of the mayor, pursuant to ACC 17.10.030, as follows: APPROVAL Examined and approved this day of __ ,pursuant to City Ordinance Number ,adopted by the Auburn City Council on the day of , Mayor ATTEST: Auburn City Clerk ~~`~ _. A form for the certificate of the county finance division, as follows: Ordinance No.6061 November 28, 2006 Page 4 of 10 FINANCE DIVISION CERTIFICATE I hereby certify that all property taxes are paid, that there are no delinquent special assessments certified to this office for collection, and that all special assessments certified to this office for collection on any of the property herein contained dedicated as streets, alleys or for other public use are paid in full this day of Manager Deputy . A form for the approval of the county assessor, as follows: ASSESSOR'S APPROVAL Examined and approved this day of '"~~_ County Assessor Deputy County Assessor Account number . A form for the certificate of the County recorder, as follows: RECORDING CERTIFICATE Filed for record at the request of the City of Auburn this day of at minutes past _.M., and recorded in Volume of Plats, page Records of (King or Pierce) County, Washington. County Recording Number Manager Superintendent of Records . Any additional pertinent information as required at the discretion of the city engineer or planning director. E. Accompanying Documents. 1. In cases where any protective deed covenants will apply to lots or parcels within a subdivision, a typewritten copy of such covenants shall be submitted along with the final plat. 2. The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, Ordinance No.6061 November 28, 2006 Page 5 of 10 showing the original or re-established corners, with the descriptions of the same, and the actual traverse showing error of closure and method of balancing. A sketch showing all distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet. 3. The final plat shall be accompanied by a current (within 30 days) title company certification of: a. The legal description of the total parcel sought to be subdivided; b. Those individuals or corporations holding an ownership interest in said parcel; c. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; d. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by auditors file numbers and/or recording number. If lands are to be dedicated or conveyed to the city as part of the subdivision, an A.L.T.A. title policy may be required by the city engineer. 4. The final plat shall be accompanied by a computer check of the boundaries, streets centerlines, lots, blocks and lot area. 5. The final plat shall be accompanied by a copy of the approved preliminary plat for the property in question. 6. All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider. (Ord. 5170 § 1, 1998; Ord. 4296 § 2, 1988.) Section 2. Amendment to City Code. Section 17.10.050 is hereby amended as follows: 17.10.050 Distribution and filing. The director shall distribute the original and copies of the approved final plat as follows: A. The original shall be forwarded to the ......county _for ; B. Two paper copies shall be transmitted to the county assessor; C. One reproducible copy shall be transmitted to the city engineer; D. One reproducible copy shall be retained in the files of the planning department. (Ord. 4296 § 2, 1988.) Section 3. Amendment to City Code. Section 17.14.050 is hereby amended as follows: Short Plats 17.14.050 Administrative review. A. An application for short plat approval shall be approved, approved with conditions, returned to the applicant for modifications; or denied within 30 days of Ordinance No.6061 November 28, 2006 Page 6 of 10 being determined to be a complete application unless the applicant agrees, in writing, to an extension of this time period. The department shall not be considered to be in receipt of a complete application for short plat approval unless and until such time as the application meets the requirements of ACC 17.14.030 and 17.14.040, and a determination of complete application has been issued pursuant to ACC 14.06. This time period may be extended if an environmental checklist is required by Chapter 16.06 ACC and such extension does not conflict with applicable requirements contained in ACC Title 14. B. Upon receiving a complete application for short subdivision approval, the director shall transmit a copy of the short plat, together with copies of any accompanying documents as the director deems appropriate, to the following: 1. City engineer, who shall review the proposed short subdivision with regard to its conformance to the general purposes of adopted traffic and utility plans; adequate provisions for storm drainage, streets, alleys, other public ways, water and sanitary sewer; and conformance to any applicable improvement standards and specifications and compliance with RCW 58.09 and WAC 332- 130; 2. City fire marshal, who shall review the proposed short subdivision with regard to adequate provisions for emergency access; 3. Any other city department, utility provider, school district or other public or private entity as the director deems appropriate. C. In transmitting the proposed short plat to the parties referenced above, the director shall solicit their comments and recommendations, and note the date by which comments and recommendations must be received by the department in order to be considered. Any comments received by that date will form the basis of the director's decision on the short subdivision. However, in every case a proposed short plat shall contain a statement of approval from the city engineer, as to the survey data, the layout of streets, alleys and other rights- of-way, design of bridges, sewer and water systems and other structures. The planning director shall not approve a short plat that does not contain such a statement signed by the city engineer. D. The planning director shall review the proposed short subdivision and determine its conformance to the general purposes of this title, its conformance to the Auburn comprehensive plan, its conformance to ACC Title 18, and any other applicable land use controls. Section 4. Amendment to City Code. Section 17.14.070 is hereby amended as follows: 17.14.070 Distribution and filing. The mylar original of the approved short plat to the appropriate county office for recording.. Ordinance No.6061 November 28, 2006 Page 7 of 10 .. ~ ~ ~ I i , _ ~ ~?• -The short plat must be recorded within 30 days or the short plat shall become null and void. A recorded mylar copy shall be -' _provided to the __„applicant. Section 5. Amendment to City Code. Section 17.16.030 is hereby amended as follows: Boundary Line Adjustments 17.16.030 Administrative review. An application for a boundary line adjustment shall be approved, approved with conditions, returned to the applicant for modifications or denied within 15 days of determining the application to be complete. The department shall not be considered to be in receipt of a complete application unless and until such time as the application meets the requirements of ACC 17.16.020, as determined by the director. A. The planning director shall forward one copy of the. proposed boundary line adjustment plan to the _ ` ' _, public works and fire departments, who shall review the plan and submit comments to the planning director within 10 days of receipt. B. Following receipt of the comments of those consulted under subsection A of this section, but no later than 15 days following receipt of a complete application, the planning director shall approve or deny the requested boundary line adjustment. Following a decision, the director shall notify the applicant to file a final mylar drawing for signatures. The - shall the appropriate _The -line adjustment must be recorded within thirty (30) days or the lot line adjustment shall be null and void. A recorded mylar copy shall to the city. ~~ C. An aggrieved person may appeal the director's decision on a ~~~ J ___line adjustment, within 14 days of mailing the Director's decision, to the hearing examiner, in accordance with procedures prescribed in ACC 18.70.050(B) through (E). The hearing examiner's decision shall be final unless appealed to the city council prescribed in ACC 18.66.160. (Ord. 5170 § 1, 1998; Ord. 4840 § 1, 1996; Ord. 4296 § 2, 1988.) Section 6. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, Ordinance No.6061 November 28, 2006 Page 8 of 10 subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 8. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication. as provided by law. INTRODUCED: DEL - 4 2006 PASSED: ©EC - 4 2006 APPROVED: DEC - 4 2006 CIT ~--- PETER B. LEWIS MAYOR Ordinance No.6061 November 28, 2006 Page 9 of 10 ATTEST: ~~. Danielle E. Daskam, City Clerk APP ED S TO FORM: niel B. Hei , City Attorney Publication: %~- ~-~„~;~~~ Ordinance No.6061 November 28, 2006 Page 10 of 10