Part 4

LAND DIVISION

 

 

 

 

 

Chapters:

 

          15.62 Land Division in General

          15.64 Short Subdivision

          15.66 Preliminary Plat

          15.68 Final Plat

                       


Chapter 15.62

 

LAND DIVISION IN GENERAL

 

 

Sections:

 

15.62.010   Purposes

15.62.020   Authority

15.62.030   Applicability

15.62.040   Binding Site Plans

15.62.050   Exemptions

15.62.060   Pre-application Conference

15.62.070   Time Limitations for Approval or Disapproval of Plats - Extensions

          15.62.080   Comparative Procedures Table

 

 

15.62.010        Purposes:

The purposes of Chapters 15.62, 15.64, 15.66, and 15.68 are to regulate the subdivision of land and to promote the public health, safety, and general welfare in accordance with standards established by the state.

 

15.62.020        Authority:

These regulations in Chapters 15.62, 15.64, 15.66, and 15.68 are established in accordance with the provisions of Chapter 58.17 RCW and should not preclude full compliance to Chapter 58.17 RCW.

 

15.62.030        Applicability:

A.        Every subdivision and short subdivision must comply with the provisions of this ordinance.

B.         No person may subdivide or develop land within the Town of South Prairie except in accordance with the provisions contained in this ordinance, unless specifically exempted from such provisions.

            C.        No development permit will be issued for any parcel of land developed or divided in violation of the Town of South Prairie Shoreline Master Program.

D.        A building or development permit must be obtained before construction or development begins within any area of special flood hazard.

 

 


 

15.62.040        Binding Site Plans:

RCW 58.17.035 allows cities to adopt regulations allowing subdivision through binding site plan. The Town of South Prairie opts to not allow subdivision through binding site plan.

 

15.62.050        Exemptions:

In accordance with Chapter 58.17 RCW, the provisions of Chapters 15.62, 15.64, 15.66, and 15.68 do not apply to:

A.        Cemeteries and other burial plots while used for that purpose,

B.         Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land;

C.        Divisions made by testamentary provisions, or the laws of descent.

D.        A division made for the purpose of alteration by adjusting boundary lines, between platted or un-platted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site.

E.         Assessors plats, provided that they contain a survey of subdivision and contain permanent control monuments as required by Chapter 58.17 RCW.

           

15.62.060        Pre-application Conference:

A.        An applicant may request a pre-application conference with the Town Planner before submitting an application to discuss requirements and the review process, in accordance with Section 15.08.040 of this ordinance.

B.         If an applicant requests consolidated permit processing, a pre-application conference is required.

 

15.62.070        Time Limitations for Approval or Disapproval of Plats – Extensions:

A.        Preliminary plats will be approved, disapproved, or returned to the applicant for modification or correction within ninety (90) days from the date when a complete application is filed, unless the applicant:

1.         Agrees to an extension of the time period; or

2.         The ninety-day limitation is extended to include up to twenty-one (21) days as specified under RCW 58.17.095(3).

B.         If an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period will not include the time spent preparing and circulating the environmental impact statement.

C.        Final plats and short plats will be approved, approved with conditions, denied, or returned to the applicant within thirty days (30) from the date when a complete application is filed, unless the applicant consents to an extension of the time period.

D.        A final plat meeting all requirements of this Chapter must be submitted by the applicant to the Town Council for approval within five (5) years of the date of preliminary plat approval.

15.62.080        Comparative Procedures Table:

 

 

Short

Plat

Preliminary plat

Final

Plat

Optional pre-application conference

(Section 15.08.040)

X

X

 

Applicant submits application

X

X

X

Determination of Completeness

(Section 15.08.070)

X

X

X

Notice of Application

(Section 15.08.090)

 

X

 

Town Planner review and recommendation

X

X

X

Town Council public hearing

X

X

 

Town Council review and decision

X

X

X

Report of Decision

(Sections 15.08.120 and 15.08.130)

X

X

 

Applicant files short plat with County Auditor

X

 

 

Final plat filed with County Auditor

 

 

X

 

 

 

 

 

 


Chapter 15.64

 

SHORT SUBDIVISION

 

 

Sections:

 

15.64.010   Submitting Short Subdivision Application, Related Materials, and Fee

15.64.020   Determination of Completeness

15.64.030   Department of Transportation Notification

15.64.040   Town Planner Review and Recommendation

15.64.050   Public Hearing Notice

15.64.060   Town Council Review and Decision

15.64.070   Report of Decision

15.64.080   Re-division of Land Prohibited Without Final Plat Approval

15.64.090   Filing and Distribution of Approved Short Plats

          15.64.100   Appeals     

 

 

15.64.010        Submitting Short Subdivision Application, Related Materials, & Fee:

A.        Persons requesting short plat approval must submit the following to the Clerk-Treasurer, in accordance with Section 15.08.060 of this ordinance:

1.         A completed Short Subdivision Application Form, provided by the Town;

2.         Ten (10) copies of the plat, with appropriate additional information specified by the application form;

3.         An application fee (see current Fee Schedule).

 

B.         The Clerk-Treasurer will forward (1-2) above to the Town Planner.

 

15.64.020        Determination of Completeness:

A.        The Town Planner will notify the applicant that the application has been received and that it is complete or incomplete, in accordance with Section 15.08.070 of this ordinance.

B.                 The Town Planner will forward one copy of the proposed short plat to the:

1.                  Utilities Department;

2.                  Fire Chief;

3.                  Town Engineer

4.                  Superintendent of Schools;

5.                  Town Marshall; and

6.                  Other agencies, as appropriate.

 

C.        The Town Planner will request the individuals listed in Subsection B above to return their comments on the short subdivision within fifteen (15) days.

 

15.64.030        Department of Transportation Notification:

A.        Whenever the Town receives an application for the approval of a short subdivision that is located adjacent to the right-of-way of a state highway, the Town Planner must give written notice of the application, including a legal description of the short subdivision and a location map, to the District Manager of the Department of Transportation.

B.         The Town Planner will request the District Manager to submit within fourteen (14) days any information relevant to the effect of the proposed short subdivision upon the legal access to the state highway, the carrying capacity of the state highway, and the safety of users of the state highway.

C.        The Town Planner will consider the information from the District Manager when reviewing applications for short subdivisions that are adjacent to state highway rights-of-way.

 

15.64.040        Town Planner Review and Recommendation:

A.        After a short plat application is complete according to Section 15.08.070 of this ordinance, the Town Planner will make a recommendation and forward it to the Town Council.

B.         In reviewing the application for recommendation for short plat approval, the Town Planner will consider the following criteria:

1.         Whether the short plat meets applicable zoning and other land use regulatory requirements of the Town and state,

2.         Whether adequate sidewalks and other planning features exist on the proposed short subdivision that assure safe walking conditions for students walking to and from the bus stop and others who might use the sidewalk;

3.         Whether the design, shape, size, and orientation of the proposed short subdivision are appropriate to the proposed use for which the lots are intended and are compatible with the character of the area, in which they are located,

4.         The recommendations of the Utilities Department and other agencies and personnel listed in Subsection 15.64.020 B above, if they gave recommendations,

5.         No short plat covering any land situated in a flood control zone (as provided in Chapter 86.16 RCW) will be approved unless prior written approval from the State Department of Ecology is provided. Construction of protective improvements may be required as a condition of approval, and the improvements will be noted on the approved short plat,

6.         Whether easements are provided and conveyed where necessary for utility installation and maintenance, public access, drainage, and buffer strip or protective easements,

7.         When only a portion of an entire tract is proposed to be short subdivided, how the proposed lots and improvements will eventually relate and coordinate with the entire tract when fully platted.

 

C.        In accordance with Chapter 58.17 RCW, the Town Planner will also consider:

1.         Whether the proposed subdivision is in conformance with the Town’s Comprehensive Plan.

2.         Whether appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds.

3.         Whether sidewalks and other planning features assure safe walking conditions for people who use them, including students who only walk to and from the school bus stop.

4.         Whether capital facilities to be provided by the Town can be provided concurrently with the expected development, in accordance with the Comprehensive Plan.

5.         Whether the public interest will be served by the subdivision and dedication.

6.         The physical characteristics of the proposed subdivision, including flood, inundation, or wetland conditions (which are grounds for disapproval). No plat will be approved if it covers any land situated in a flood control zone as provided in RCW 86.16 without the prior written approval of the Department of Ecology of the State of Washington.

7.         Any information provided as a result of compliance with the State Environmental Policy Act.

 

15.64.050        Public Hearing Notice:

Once the Town Planner has made its recommendation on the short subdivision application, notice of a Town Council public hearing will be given in accordance with Section 15.08.110 of this ordinance.

 

15.64.060        Town Council Review and Decision:

            A.        Upon receipt of the recommendations from the Town Planner, the Town Council will conduct a public hearing on the short subdivision application, at which it will consider the application, related materials, recommendations from the Town Planner, comments made at the hearing by the applicant, adjoining property owners, other interested parties, and the criteria listed in Subsections 15.64.040 B and C above.

            B.         Every decision of the Town Council must be in writing and must include findings of fact and conclusions to support the decision

 

15.64.070        Report of Decision:

The Town Council must provide a single report stating the decision on the short subdivision in accordance with Sections 15.08.120 and 15.08.130 of this ordinance.

 

15.64.090        Re-division of Short Plats Prohibited Without Final Plat Approval:

A.        Land contained within a short subdivision as shown on an approved short plat may not be further divided within a period of five (5) years unless a final plat is filed and approved in accordance with procedures established in this Chapter (i.e., not more than four (4) parcels can be created within five years without going through the preliminary/final plat process described in Chapters 15.66 and 15.68 of this ordinance).

B.         If an approved short plat contains fewer than four parcels, however, nothing in Subsection A above prevents the owner who filed the short plat from filing an alteration within the five year period to create up to a total of four lots within the original short plat boundaries.

 

15.64.090        Filing and Distribution of Approved Short Plats:

A.        The applicant must have the Mayor or his designee sign the original of any approved short plat.

B.         The applicant then must file for record the signed, approved short plat with the Pierce County Auditor.

C.        The final short plat will not be considered approved until the applicant files it with the Pierce County Auditor, in accordance with RCW 58.17.065

D.        One reproducible Mylar or equivalent film copy must be furnished to the Utilities Department and Town Engineer.

E.         One paper copy must be filed with the Pierce County Assessor.

F.         Paper copies must also be provided to other agencies as required by the Town Council.

 

15.64.080        Appeals:        

An applicant may appeal the decision of the Town Council on short plat approval to the Pierce County Superior Court in accordance with Section 15.08.160 of this ordinance.

 

 

 


Chapter 15.66

 

PRELIMINARY PLAT

 

 

Sections:

 

15.66.010   Submitting Application for Preliminary Plat Approval

15.66.020   Determination of Completeness

15.66.030   Notice of Application

15.66.040   Public Hearing Notice

15.66.050   Town Planner Review and Recommendation

15.66.060   Criteria to be Considered

15.66.070   Recommendations to Accompany Plats Submitted for Final Approval

15.66.080   Town Council Review & Decision on Preliminary Plat

15.66.090   Dedications

          15.66.100   Report of Decision

          15.66.110   Appeals

 

 

15.66.010        Submitting Application for Preliminary Plat Approval:

A.        A preliminary plat is a conceptual plan for a development. It shows the proposed development and amenities. To be considered for preliminary plat approval, an applicant must submit the following to the Clerk-Treasurer, in accordance with Section 15.08.070 of this ordinance:

1.         A completed Preliminary Plat Application Form, as provided by the Town;

2.         Ten (10) copies of the preliminary plat, with appropriate additional information as specified by the application form;

3.         A SEPA Environmental Checklist;

4.         A preliminary erosion control plan, in accordance with 15.78.040 of this ordinance; and

5.         An application fee (see current Fee Schedule).

 

B.         The Clerk-Treasurer will forward (1-4) above to the Town Planner.

 

15.66.020        Determination of Completeness:

The Town Planner must notify the applicant that the preliminary plat application has been received and that it is complete or incomplete, in accordance with Section 15.08.050 of this ordinance.

 

15.66.030        Notice of Application:

The Town Planner must provide a Notice of Application in accordance with Section 15.08.090 of this ordinance. In addition:

A.        Notice of the filing of a preliminary plat of a proposed subdivision that is in the Town and next to the municipal boundary will be sent to the Pierce County Department of Community Development,

B.         Notice of the filing of a preliminary plat of a proposed subdivision that is adjacent to the right-of-way of a state highway will be given to the state Department of Transportation District Manager.

C.        The District Manager must respond to the Town within fifteen (15) days of the notice as to the effect that the proposed subdivision will have on the state highway.  If no response has been received in fifteen (15) days, the Town Planner will hold approval processing of the proposal until a response from WASDOT has been received.

 

15.66.040        Town Planner Review and Recommendation:

A.        After a preliminary plat application is complete according to Section 15.08.070 of this ordinance, the Town Planner will prepare a report summarizing his or her findings, conclusions, and recommendations regarding the preliminary plat application, then forward the report to the Town Council.

B.         The Town Planner will forward one copy of the preliminary plat to each of the following:

1.         Town Engineer;

2.         Fire Chief;

3.         Superintendent of Schools; and

4.         Town Marshall.

 

15.66.050        Criteria to be Considered:

A.        The Town Planner will consider all relevant evidence in making its recommendation to the Town Council. In accordance with Chapter 58.17 RCW, the Town Planner will consider:

1.         Whether the proposed subdivision conforms to the Town’s Comprehensive Plan.

2.         Whether appropriate provisions have been made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds.

3.         Whether sidewalks and other planning features assure safe walking conditions for people who use them, including students who only walk to and from the school bus stop.

4.         Whether capital facilities to be provided by the Town can be provided concurrently with the expected development, in accordance with the Comprehensive Plan.

5.         Whether the public interest will be served by the subdivision and dedication.

6.         The physical characteristics of the proposed subdivision, including flood, inundation, or wetland conditions (which are grounds for disapproval). No plat will be approved if it covers any land situated in a flood control zone (as provided in Chapter 86.16 RCW) without the prior written approval of the state Department of Ecology.

7.         Any information provided as a result of compliance with the State Environmental Policy Act.

 

15.66.060        Recommendations to Accompany Plats Submitted for Final Approval:

A.        Each preliminary plat submitted for approval of the Town Council will be accompanied by recommendations for approval or disapproval by the:

1.         Town Planner;

2.         Fire Chief

3.         Town Engineer

 

B.         The terms of the preliminary plat approval (as recommended by the persons in Subsection 15.66.070 A above) may not be changed without the consent of the applicant.

 

15.66.070        Town Council Review and Decision on Preliminary Plat:

A.        After receiving the recommendation from the Town Planner on any preliminary plat, the Town Council will at its next public meeting set the date for the public hearing where it may approve, approve with conditions, or deny the preliminary plat.

B.         Notice of the Town Council public hearing will be given in accordance with Section 15.08.110 of this ordinance.

C.        Upon receipt of the recommendations from the Town Planner, the Town Council will conduct a public hearing on the preliminary plat application, at which it will consider the application, related materials, recommendations from the Town Planner, comments made at the hearing by the applicant, neighboring property owners, other interested parties, and the criteria listed in Section 15.66.060 above.

D.        The Town Council may not as a condition to the approval of any subdivision require a release from damages to be procured from other property owners.

E.         Every decision by the Town Council must be in writing and must include findings of fact and conclusions to support the decision.

 

15.66.080        Dedications:

A.        The Town Council may require the applicant to dedicate land to the Town and/or provide public improvements to serve the subdivision as a condition of subdivision approval. Dedications must be clearly shown on the final plat.

B.         No dedication or provision of public improvements that constitutes an unconstitutional taking of private property will be allowed.


15.66.090        Report of Decision:

The Town Council will adopt a single report stating the decision on the preliminary plat application in accordance with Sections 15.08.120 and 15.08.130 of this ordinance.

 

15.66.110        Appeals:

An applicant may appeal the decision of the Town Council on the preliminary plat to the Pierce County Superior Court in accordance with Section 15.08.160 of this ordinance.

 

 


Chapter 15.68

 

FINAL PLAT

 

 

Sections:

 

15.68.010   Final Plat Application

15.68.020   Determination of Completeness

15.68.030   Final Plat Requirements and Certification Statements

15.68.040   Submit Title Insurance Report

15.68.050   Improvements

          15.68.060   Completion Security

15.68.070   Maintenance Security

15.68.080   Procedure and Criteria for Town Council Approval of Final Plats

          15.68.090   Filing and Distribution of Approved Final Plats

 

 

15.68.010        Final Plat Application:

A.        Persons requesting final plat approval must submit:

1.         A completed Final Plat Application Form, provided by the Town;

2.         Ten (10) copies of the final plat with all required data (see Section 15.68.020 below),

3.         An application fee (see current Fee Schedule); and

4.         One reduced scale reproducible Mylar or equivalent film copy of the final plat.

           

B.         If an applicant does not submit all required application materials, the applicant will not be in compliance with this Chapter, and the Town Planner may withhold the application from further consideration until the application is complete.

 

15.68.020        Determination of Completeness:

The Town Planner must notify the applicant that the final plat application has been received and that it is complete or incomplete, in accordance with Section 15.08.050 of this ordinance.

 

15.68.030        Final Plat Requirements and Certification Statements:

Every final plat submitted for approval must conform to the requirements listed in Subsections 15.68.030 A-L below. The final plat must show the certification statements listed in Subsections 15.68.030 M-T below, with appropriate signatures and seals before the subdivision is approved and recorded.

 

A.        The plat must consist of one or more pages of a size acceptable to the Town Council. The plat must be clearly and legibly drawn on stable base polyester film or equivalent approved material. All drawing and lettering must be in permanent black ink, or an approved equivalent.

 

B.         The perimeter of the subdivision must be drawn with heavier lines than appear elsewhere on the plat. The scale must be one hundred feet equals one inch, unless the Town Planner approves another scale. A marginal line must be drawn completely around each sheet, leaving an entirely blank margin of three inches on the left side and one inch on the remaining sides.

 

C.        The name of the subdivision, the graphic scale, and the north point must be clearly shown.

 

D.        The map of the subdivided land must be accurate and be based upon a complete survey by a licensed surveyor.

 

E.         All section, township, municipal and county lines lying within or adjacent to the subdivision must be clearly shown.

 

F.         The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries, and all permanent monuments with linear dimensions must be clearly shown.

 

G.        The boundary of the subdivision with complete bearings and linear distances must be clearly shown.

 

H.        The length and bearings of all straight lines and the radii arcs and semi-tangents of all curves must be clearly shown.

 

I.          The length of all lot lines, together with bearings and other data necessary for the location of any lot line in the field must be clearly shown.

 

J.          The location, right-of-way width, pavement width, centerline and name or number of all streets and alleys within and adjoining the subdivision must be clearly shown.

 

K.        Numbers assigned to all lots, indication of the acreage and/or square footage of each lot, and letters assigned to all blocks within the subdivision must be clearly shown. The Town will provide a house address system; provided, however, that an index system will be shown on the plat to allow assignment of house numbers by the Town.

 

L.         Notations of any survey discrepancies must be clearly shown.
M.        Legal description and owners statement:           

Know all men by these presents that I, or we, the undersigned owner, or owners, in fee simple and encumbrances of the land hereby platted, declare that the subdivision as described by the following legal description has been made with the free consent and in accordance with the desires of the owner, or owners:

________________________________        __________________________________

Name of owner                                                Name of owner

 

State of Washington)

                                                ) SS

County of Pierce)

 

This is to certify that on the _____ day of _____, A.D., _____, before me the undersigned, a Notary Public, personally appeared _______________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that _______________ signed and sealed the same as ________________ free and voluntary act and deed for the use and purpose mentioned.

Witness my hand and official seal the day and year above written.  _________________________________________________________NOTARY PUBLIC in and for the State of Washington, residing at ___________.

 

N.        Dedication:

Know all men by these presents that I, or we, the undersigned, owner(s) in fee simple of the land hereby platted, hereby declare this plat and dedicated to the public forever all roads, easements, and right-of-way over and across any lots or lots where water might take a natural course, and the original reasonable grading of the roads and right-of-ways shown hereon.

 

Following the original reasonable grading of the roads and right-of-way shown hereon, no drainage waters on any lot or lots may be diverted or blocked from their natural course so as to discharge upon any public rights-of-way or to hamper proper drainage. Any enclosing of drainage waters in culverts or drains or rerouting thereon across any lots, as may be undertaken by or for the owner of any lot, must be done by and at the expense of the owner.

           

IN WITNESS WHEREOF, we have set our hands and seals.

 

O.        Registered land surveyor’s certification:

I, a registered land surveyor, do hereby certify that the plat of _____________ is based on actual survey and subdivision of Section ______, Township ______ North, Range______ East, that the distances and courses and angles are shown thereon correctly and that proper monuments have been set and lot block corners staked on the ground as shown on the lot.           

                                                                                    ___________________________

                                                                                    Registered Land Surveyor


P.         Treasurer Certification:

I certify that all property taxes on the land described hereon have been fully paid to and including the year _______.

                                                                                    _____________________________

                                                                                    Pierce County Treasurer

Q.        Utilities Department Approval:

I, the Utilities Department for the Town of South Prairie, Washington, have reviewed the plat and have found it to comply with the provisions of the approved preliminary plat and the requirements and standards of the Town’s subdivision ordinance, and therefore recommend approval on this ______ day of ________, _______.

 

__________________________                                _____________________________

Town Engineer                                                 Utilities Department

                                                                        _____________________________

                                                                        Fire Chief

 

R.         Town Council Approval:

The Town Council has reviewed the final plat for compliance with the approved preliminary plat requirements and standards of the Town’s subdivision ordinance, and required letters of recommendations and approve the subdivision on this ______ day of _______, _____.                                                                                                                                                                                                       _____________________________

                                                                                    Mayor

 

                                                                                    ATTEST:

                                                                                    _____________________________

                                                                                    Town Clerk-Treasurer 

 

S.         Assessor Approval:

                                                                                   

Examined and approved this ______ day of _______, _____.

                                                                                    _____________________________

                                                                                    Pierce County Assessor

 

T.         County Officer of Records Certificate (to be signed at the time of recording the approved final plat):

Filed for record at the request of __________________________, this ______ day of _______, _____ at _________________ minutes past __________ o’clock __ M, and recorded in Volume ______ of plats, on page ______, recorded of Pierce County, Washington.                                                                     _____________________________

                                                                                    Pierce County Auditor

                                                                                    _____________________________

                                                                                    Deputy Auditor


15.68.040        Submit Title Insurance Report:

In addition to a completed Final Plat Application form, ten (10) copies of the final plat with all data, the specified fees, and one reduced scale reproducible copy, the applicant for final plat approval must submit a title insurance report confirming that the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat’s certificate.

 

15.68.050        Improvements:

A.        To file a final plat, a developer must construct all required improvements of the preliminary plat, repair existing streets and other public facilities damaged in the development of the subdivision, and submit a final plat for approval before filing with the County Auditor.

B.         A completion security may be required to receive final plat approval.

C.        A maintenance security may be required to receive final plat approval.

           

15.68.060        Completion Security:

A.        As a condition of final plat approval, the applicant must post a completion security to ensure completion of the improvements within one year of the permit approval.

            B.         The amount of the completion security will be one hundred fifty percent (150%) of the estimated cost of design, materials, and labor on the last day covered by the security, of installing the improvements covered by the security.

            C.        The Mayor and the applicant must sign a notarized security agreement, approved in form by the Town Attorney, in accordance with Section 15.02.130 of this ordinance.

 

15.68.070        Maintenance Security:

A.        All required minimum improvements within any subdivision may be subject to a maintenance bond or other approved security guaranteeing to the Town the successful operation of improvements for a period of two years. The subdivider must file with the final plat one of the following:

1.         A security bond executed by a security company authorized to transact business in the state of Washington in a form approved by the Town Attorney;

2.         A personal bond approved by the Town Attorney co-signed by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement;

3.         Cash,

4.         A letter of credit approved by the Town Attorney from a financial institution stating that the money is held for the purposes of the stated project.

            B.         The bond or other approved security will be for twenty percent (20%) of the estimated value of all required improvements as determined by the Town Engineer.

C.        When the warranty period ends, and upon restoration of the improvements to successful operation and the repair of any defects or damage in the improvements the Mayor will authorize the release of the maintenance bond or security.

D.        The Mayor may withhold release of the bond or security up to one year from the date of any restoration or repairs to insure that the restoration or repairs were adequate.

            E.         The Mayor and the applicant must sign a notarized security agreement, approved in form by the Town Attorney, in accordance with Section 15.02.130 of this ordinance.

 

15.68.080        Procedure and Criteria for Town Council Approval of Final Plats:

            A.        An applicant must submit a final plat to the Town Council within five (5) years of preliminary plat approval, in accordance with RCW 58.17.140.

B.         When the Town Planner receives a completed application for final plat approval, he or she will notify the Clerk-Treasurer to place the final plat application on the Town Council’s agenda for its next regular meeting not sooner than ten (10) days after receipt.

C.        The following criteria will be considered when the Town Council reviews a final plat:

1.         Whether conditions imposed when the preliminary plat was approved have been met. A final plat will not be approved until the Town Council finds that the final plat conforms to the proposed preliminary plat and any conditions imposed,

2.         Whether the maintenance security assures the successful operation of improvements,

 

D.        When the Town Council finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that the subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws, the South Prairie Municipal Ordinance, and other applicable local laws, the Mayor or other designated member of the Town Council will sign the final plat.

E.         Every decision of the Town Council must include findings of fact and conclusions to support the decision.

F.         Any findings supporting the Town Council’s action on the final plat must be recorded in the minutes of the applicable meeting.

 

15.68.090        Filing and distribution of Approved Final Plats:

A.        The applicant is required to file the original approved final plat with the Pierce County Auditor.

B.         One reproducible Mylar or equivalent film copy will be furnished to the Utilities Department and one to the Town Engineer.

C.        One paper copy will be filed with the Pierce County Assessor.

D.        Paper copies will be provided to such other agencies as may be required by the Town Planner.