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HomeMy WebLinkAbout4383 Ordinance ORDINANCE NO.4/11.5 S AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 26.28 Allowing Administrative Approval of Final Plats WHEREAS, the development and approval of plats within the State of Washington are governed by RCW 58.17; and WHEREAS, local subdivision regulations including the City of Pasco subdivision regulations within Title 26 of the Pasco Municipal must conform to RCW 58.17; and WHEREAS, the State Legislature recently amended RCW 58.17 grant cities the option of administratively approving final plat without City Council action; and WHEREAS, PMC Title 26 currently contains provisions for administrative approval of short plat; and WHEREAS, to provide for timely approvals of final plats the City Council hereby exercises the option to authorize administrative approvals of final plats as authorized by RCW 58.17.100;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 26.28.010 of the Pasco Municipal Code entitled "Application" shall be and hereby is amended and shall read as follows: 26.28.010 APPLICATION. (1) Except as provided in subsection (2) below, a final plat meeting all of the requirements of this Chapter shall be submitted to the City Council City Planner for approval within seven (7) years of the date of the preliminary plat approval if the date of the preliminary plat approval is was on or after January 1, 2008 but before December 31, 2014, and within five (5) years of the date of preliminary plat approval, if the date of preliminary plat approval is was on or after January 1, 2015. (2) A final plat meeting all requirements of this Chapter shall be submitted to the City Council City Planner for approval within ten(10) years of the date or preliminary plat approval if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary plat approval is was on or before December 31, 2007. ( The proposed final plat shall be submitted for recording purposes, together with such supplementary information, certificates and bonds as may be required, to the City Planner at least fifteen(15)days before the City Council meeting at which approval is sought. Ordinance—Amending PMC 26.28- 1 • (-4) - - • .. - - mylar drawing of the subdivision with ten copies, a title certificate, applicable instrument identified in 26.28.050 to cover the cost of outstanding improvements, and digital copy of the final plat in a format specified by the City Engineer. (3) A complete application for final plat approval shall consist of ten full sized, four 11x17 paper copies and an electronic copy of the plat. The paper copies together with such supplementary information and certificates which may be required shall be submitted to the City Planner at least twenty days prior to the date sought for final plat approval. Following written notification of corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed, dated and stamped mylar drawing of the subdivision with an updated electronic copy and the applicable bonding instrument as identified in 26.28.050. A bond will only be needed if there are outstanding improvements to complete. (Ord. 4107, 2013; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.) Section 2. That Section 26.28.030 (14) of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: (14) Spaces for certificates or approvals of the following officials or agencies: a) Mayer City Manager or Designee. b) Chairman, City Planning Commission. City Planner. c) City Engineer. d) County Engineer(where applicable). e) Franklin County P.U.D. or applicable utility provider. f) Franklin County Irrigation District#1 (where applicable). g) Benton Franklin Health District(where applicable). h) County Assessor. i) County Treasurer. j) County Auditor. (Ord. 3398 Sec. 2, 1999.) Section 3. That Section 26.28.060 of the Pasco Municipal Code entitled "City Council Approval" shall be and hereby is amended and shall read as follows: 26.28.060 CITY COUNCIL ADMINISTRATIVE APPROVAL. The final approval of a plat is an administrative function not requiring action by the City Council. City Council shall have sole authority to approve final plats. Such approval shall occur Ordinance—Amending PMC 26.28-2 by majority affirmative vote of the City Council during a regular City Council meeting. A final plat shall only be approved if the City Council administrative review process finds the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and the said subdivision meets the requirements of Chapter 58.17 RCW, other applicable state laws and this title which requirements were in effect on the date of submission of a fully completed preliminary plat application. The final plat applicant may appeal a determination of the administrative review process by a closed record appeal to the City Council pursuant to PMC 4.02.100. (Ord. 3398 Sec. 2, 1999.) Section 4. That Section 26.28.070 of the Pasco Municipal Code entitled "Terms of Approval" shall be and hereby is amended and shall read as follows: 26.28.070 TERMS OF APPROVAL. (1) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, zoning ordinances and regulations in effect on the date of preliminary plat approval for a period of seven (7) years after final plat approval if the date of the final plat approval is on or before December 31, 2014; and for a period of five (5) years after the final plat approval if the date of final plat approval is on or after January 1, 2015, unless the City Council finds through the administrative approval process it is found that a change in conditions creates a serious threat to the public health or safety in the subdivision. If a serious threat to public health and safety is found the plat must be reviewed by the City Council. (2) A subdivision shall be governed by the terms of approval of the final plat, and the statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary plat for a period of ten (10) years after final plat approval if the project is located within the City limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline Management Plan), and the date of the final plat approval is on before December 31, 2007, unless the City Council finds through the administrative approval process it is found that a change in conditions creates a serious threat to the public health or safety in the subdivision. If a serious threat to public health and safety is found the plat must be reviewed by the City Council. (Ord. 4107; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.) Section 5. This Ordinance shall be in full force and effect five days after passage and publication as required by law. Ordinance—Amending PMC 26.28-3 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 7-11-h day of May , 2018. Matt Watkins, Mayor ATTEST: APPRO D AS TO FORM: 41. ./..4 ./ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Ordinance—Amending PMC 26.28-4