Chapter 17.16   REVIEW OF PRELIMINARY PLAT


17.16.010   Staff review.

A.

Completeness Check and SEPA. Community development department staff shall review the preliminary plat application for completeness within twenty-eight days of its receipt. If the application is determined to not be complete, department staff shall identify in its determination of completeness the items required to make the application complete. Once the application has been determined to be complete, city staff shall issue a formal notice of application which shall allow at least fourteen days for public comment regarding the application. Notice of the filing of a preliminary plat of a proposed subdivision adjacent to or within one mile of the municipal boundaries of another city or town, or which contemplates the use of any city or town utilities, shall be given to the appropriate city or town authorities. Any notice required by this title shall include the hour and location of the hearing and a description of the property to be platted. Notice of the filing of a preliminary plat of a proposed subdivision located in the city and adjoining the municipal boundaries of another city or town shall be given to the appropriate city officials. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway (SR-169), or within two miles of the boundary of a state or municipal airport, shall be given to the secretary of transportation.

B.

At the time of issuing the notice of application, the community development director shall submit the proposed subdivision to all city department heads, including, but not limited to, the public works director, the police chief, the natural resources director and the fire marshal for staff review. The following review criteria shall apply:

1.

The public works director shall review the proposed subdivision for engineering adequacy of the proposed street system, sewage disposal system, storm drainage system and water supply system, and shall review the same for compliance with all city standards, including, but not limited to, those set forth in the city's public works standards or standards approved as part of an MPD, if applicable. The public works director shall also review the proposed subdivision to ensure that all requirements as may be necessary to minimize flood damage are met;

2.

The city fire chief shall review the proposed subdivision for adequacy of water supply and access for fire protection and medical aid purposes; and

3.

The city natural resources director shall review the proposed subdivision for consistency with Chapter 19.10 and other environmental regulations.

C.

SEPA Determination and Staff Report. Each department head and reviewing staff shall complete his or her review of the proposed subdivision and transmit written comments and recommendations to the community development department. At the conclusion of the SEPA process, staff will finish its detailed review of the proposal and will issue a SEPA threshold determination, pursuant to Chapter 19.04. Community development staff will also prepare a written staff report to the hearing examiner.

(Ord. 857 § 20, 2008; Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 12, 6-3-2010)

17.16.020   Hearing examiner public hearing.

A.

Public Hearing Required. Upon completion of the SEPA review process, the community development department shall schedule the preliminary plat for public hearing before the hearing examiner, and provide notice pursuant to Chapter 18.08.

B.

Public Hearing. At the public hearing, the hearing examiner shall consider all relevant evidence. Any hearing may be continued at the discretion of the hearing examiner in order to allow all relevant public input to be received.

(Ord. 857 § 21, 2008: Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 13, 6-3-2010)

17.16.030   Hearing examiner review and decision.

A.

If the hearing examiner finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare, for such open spaces, drainage ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and other provisions required by city code and any applicable development agreement, and finds that the public use and interest will be served by the platting of the subdivision, then the preliminary plat shall be approved. If the hearing examiner finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the hearing examiner shall impose additional conditions so that appropriate provisions will be made and the public use and interest is served. If additional conditions would not be adequate to mitigate all adverse impacts and to otherwise protect the public health, safety and meet all city standards, then the examiner shall deny the proposed preliminary plat.

B.

Not later than fourteen days following the close of the public hearing by the hearing examiner, the hearing examiner shall issue his/her decision.

C.

Dedication and Improvements.

1.

Conveyance of land to the city and/or construction of improvements within and/or outside the boundary of the proposed subdivision may be required as a condition of subdivision approval. All streets, alleys and other access to the lots within the subdivision shall be conveyed to the city and shall become city property upon acceptance by the city; provided, the hearing examiner may allow a private street if it finds that the private street is the best interest of the public, that adequate provision is made for street maintenance, repair and replacement through the CCR's, and that the street will be constructed to the same standards that would apply if the street were to be public street. The hearing examiner shall not, as a condition of the approval of any plat, require a release from damages to be procured from other property owners.

2.

No plat shall be approved covering any land situated in a flood control zone as provided in RCW Chapter 86.16 without the prior written approval of the Department of Ecology.

3.

Every decision or recommendation made under this chapter shall be made in writing and shall include findings of fact and conclusions to support the decision or recommendation. A record of all public meetings and public hearings shall be kept by the city and shall be open to public inspection.

D.

Applicant Notification. Preliminary plats or any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of the city staff determination of a complete application, unless the applicant consents to an extension of such time period; provided, that if additional information is requested from the applicant, or an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent by the applicant in providing the requested information, or in preparing and circulating the environmental impact statement by the city.

E.

Expiration of Preliminary Plat Approval. The approval given to a preliminary plat shall expire seven years following the approval date unless a proposed final plat meeting all the requirements of this chapter and the conditions of preliminary plat approval is submitted to the city. However, an applicant who files a written request with the community development department at least thirty days before the expiration of this seven-year period may be granted a one-year extension upon a showing by the applicant and finding by the department that the applicant has attempted in good faith to submit the final plat within the seven-year period. Any extension may be conditioned upon further review by the department and may contain additional or altered conditions and requirements to comply with city standards current at the time of the extension.

(Ord. 857 § 22, 2008: Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 14, 6-3-2010)

17.16.040   Judicial review.

The hearing examiner's decision on a preliminary plat application shall be the final administrative decision of the city. The decision of the hearing examiner may be subject to judicial review in accordance with BDMC 18.08.230 and Chapter 36.70C RCW.

(Ord. No. 979, § 1, 9-20-2012)

Editor's note— Ord. No. 979, § 1, adopted September 20, 2012, repealed the former § 17.16.040, and enacted a new § 17.16.040 as set out herein. The former § 17.16.040 pertained to appeal from hearings examiner decision and derived from Ord. No. 857, 2008.