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1910 - Ordinance - Amending Chapter 16.04 SubdivisionsORDINANCE NO. 1910 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 16.04 OF THE MUNICIPAL CODE REGARDING SUBDIVISIONS WHEREAS, the City desires to amend its subdivision ordinance to conform with the Chapters 36.70B and 58.17 RCW, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: follows follows: SECTION 1. Section 16.14.180 of the Port Orchard Municipal Code is amended to read as 16.14.0180 Preliminary Plat - Planning commission publicmeeting (1) Upon the proper filing of a preliminary plat application, the planning commission shall give proper notice and hold a public meeting at the time and date set forth in the notice. (2) The commission shall consider the facts of the proposal, and any other competent facts pertaining to the subject property or to the properties adjacent to or in the vicinity thereof. The commission shall evaluate the preliminary plat proposal for the purpose of determining if it is in furtherance of the health, safety, and general welfare of the community and that the public use and interest will be served by the platting of such subdivision. The commission shall make written recommendations to the council regarding the subdivision of the property and file the same with the city clerk. Conditions of approval shall be precisely recited in the planning commission's report and shall include recommended improvements, if any. Such recommendations shall be submitted to the city council not later than 14 days following action by the planning commission. The recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation. (3) A written reportof the commission's decision shall be mailed to the petitioner at the address shown on his petition. SECTION 2. Section 16.14.190(1) of the Port Orchard Municipal Code is amended to read as 16.04.190 Preliminary Plat - City Council public hearing Upon receipt of the recommendation of the planning commission on any preliminary plat, the city council shall at its next meeting set the date for the public hearing where it shall consider the recommendations of the planning commission and may adopt or reject the recommendations of the planning commission based on the record established at the public hearing. Notice of the time and place of the hearing shall be published once in a newspaper of general circulation within the city, not less than 10 days nor more than 30 days prior to the hearing date. The city shall put the notice in the newspaper. Notice shall also be mailed to all owners of record of the properties within 300 feet of the exterior boundaries of the subject property, not less than 10 days prior to the hearing date. If the proposed subdivision is adjacent to the right-of-way of any state highway, notice shall be given to the State Department of Transportation, or its successor; and the State Department of Ecology, if the proposed subdivision lies within an environmentally sensitive area. The city shall mail the notice to property owners. The applicant shall be responsible for the list's follows: follows: Ordinance No. 1910 Page 2 of 4 accuracy. . The decision of the city council shall be in writing and shall including findings of fact and conclusions to support the decision. SECTION 3 Section 16.14.200 of the Port Orchard Municipal Code is amended to read as 16.04.200 Preliminary plat - City council decision (1) Hearings for which notice has been given in accordance with the provisions herein may be continued for good cause and verbal notice to those present of the date, time, and place to which such hearing is continued shall be deemed sufficient notice. (2) A petition, which has been disapproved by the council, cannot be resubmitted to the commission within one year of the date of disapproval. (3) Appeal from Decision of the City Council. The decision of the city council shall be the final determination of the city and may be appealed to the superior court in accordance with the Land Use Petition Act, 36.70C RCW as amended. SECTION 4 Section 16.14.210 of the Port Orchard Municipal Code is amended to read as 16.14.210 Final plat -- Application -- Bond in lieu of Construction Within five years following the approval of the preliminary plat the applicant shall file with the city engineer an application for final approval of a subdivision plat. The application shall: (1) Be made on forms provided by the city and signed by the owner of record and shall be full and complete, together with a fee as established by resolution. (2) Be accompanied by three sets of as -built drawings of all improvements. (3) Comply in all respects with the preliminary plat as approved. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final plat, the city may accept a bond, in an amount and with surety and conditions to it, or other secure method, providing for and securing to the city the actual construction and installation of such improvements within a time limit as specified by the city council and expressed in the bonds. In addition, the city council may require other methods of security, including the posting of a bond securing to the city the successful operation of improvements for an appropriate period of time up to two years after final approval. The city engineer is authorized to enforce bonds as approved by the city council. (4) Be presented to the city engineer at least four weeks prior to a regular meeting of city council. the date of the regular meeting on approval of the final plat shall constitute the official submittal date of the plat for the purposes of these regulations. (5) Be accompanied by all formal irrevocable offers of dedications to the public of, but not limited to, all streets, utilities, parks, and easements in a form approved by the city attorney. The subdivision plat shall be marked with a notation indicating the formal offers of dedication. A full covenant and warranty deed to all land to be dedicated to the public in proper form for recording, together with a title policy. follows: follows: follows: Ordinance No. 1910 Page 3 of 4 (6) A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of the said land and reciting a dedication by them if all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision. SECTION 5 Section 16.14.220 of the Port Orchard Municipal Code is amended to read as (1) Subsequent to the resolution of the city council, three paper copies of the construction plans, and one copy of the original of the subdivision plat on tracing cloth and/or reproducible mylar shall be submitted to the city engineer for final review. No final approval shall be endorsed on the plat until a review has indicated that all the requirements of the preliminary plat as approved have been satisfied. (2) When the city engineer finds that all conditions of the resolution have been satisfied, he/she shall sign the tracing cloth and/or reproducible mylar original of the subdivision plat. SECTION 6. Section 16.14.230(2) of the Port Orchard Municipal Code is amended to read as Any decision approving or disapproving a plat shall be reviewable under Chapter 36.70C RCW. SECTION 7. Section 16.14.240 of the Port Orchard Municipal Code is amended to read as Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21 C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the city. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within five years of the date of preliminary plat approval. An applicant who files a written request with the city council at least 30 days before the expiration of this five- year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period. SECTION S. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Ordinance No. 1910 Page 4 of 4 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 11t" day of August 2003. LESLIE J. VVEATHERILL, MAYOR ATTEST: Carol Et�en, Interim ity Clerk APPROVED AST RM: Sponsored by: City Attorne ,5 a,,d cit mt:6 Ron Rider, Councilman NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held August 11, 2003. ORDINANCE NO. 1910 AN ORDINANCE OF THE CITY PORT ORCHARD, WASH INGTON,AMENDING CHAPTER 16.04 OF THE MUNICIPAL CODE REGARDING SUBDIVISIONS. Copies of Ordinance No. 1910 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1910 will be provided at a nominal charge. City of Port Orchard —rK-.(dAae r Michelle Merlino Deputy Clerk Publish: Port Orchard Independent August 20, 2003 Kitsaple eals(a),soundoublishine. com