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ORDINANCE NO. a0,3f4
AN ORDINANCE of the City of Port Angeles
defining acceptable methods of security
for insuring the completion of improve-
ments in approved subdivisions, and
amending Ordinance No. 1631.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ANGELES, as follows:
Section 1. Section 4 of Ordinance No. 1631 is hereby
amended to read as follows:
"PRELIMINARY STEPS The developer shall submit a
Sketch of his proposed subdivision of land to the Subdi-
vision Administrator for his review prior to submittal of
the Preliminary Plat.
CONDITIONAL APPROVAL The developer or his surveyor
shall then transmit six* (6) copies of his Preliminary
plat, accompanied by a $5 -per -lot Subdivision Fee, (over
20 lots, the additional fee shall be $1.00 per lot), to
the Subdivision Administrator. The City Engineer shall
submit his written recommendations to the Planning Com-
mission prior to the Commission's public hearing in which
the Preliminary plat is on its agenda.
The proposed plat shall be prepared by a licensed
land surveyor and small be submitted to the Subdivision
Administrator at least fourteen days prior to the next
public hearing of the City Planning Commission.
Notice of the public hearing on a proposed plat or
subdivision shall be posted by the developer and shall
consist of at least three copies of the notice of the
hearing, posted in conspicuous places on or adjacent to
the land proposed to be subdivided. Such notices shall
clearly indicate the time and place of such hearing and
such notices shall be posted not less than seven days
prior to the hearing.
Within a period of sixty days after a Preliminary
plat has been submitted to the Subdivision Administrator
the Planning Commission shall examine the proposed plat,
along with written recommendations of the City Manager
and the City Engineer, and shall either approve or dis-
approve and shall make recommendations thereon.
If the recommendations of the City Manager or City
Engineer are not followed, the City Manager can appeal
the Planning Commission's recommendation to the Council.
Within fourteen days following final action of the
Commission on a Preliminary plat the Commission shall
notify the developer regarding changes required and the
type and extent of improvements to be made. A copy of
the Commission's action and recommendations shall be
forwarded to the developer and to any agency submitting
recommendations in regard to the Preliminary plat.
Approval of a Preliminary plat shall be considered
Conditional Approval of the Preliminary plat, and shall
not constitute approval of the Final plat; it shall be
considered only as approval of the layout submitted on
the Preliminary plat as a guide to the preparation of
the Final plat.
*or more if required
If the preliminary plat is approved by the City
Council, the developer, before requesting final
approval, shall elect to install or assure installa-
tion of the improvements required by Section 6 of
this ordinance by one of the following methods:
1. Actual installation of the required
improvements, to the satisfaction and approval of
the City Engineer;
2. (A) Furnishing to the City a subdivision
bond, with an approved insurer, in an amount equal
to the cost of the improvements as determined by
the City Engineer, which bond shall assure to the
City actual installation of the required improve-
ments to the satisfaction and approval of the City
Engineer. The City Engineer shall determine the
period of the bond.
(B) Furnishing to the City an assignment
of a savings account or placing in trust, an amount
equal to the cost of the improvements as determined
by the City Engineer, which assignment of savings
account or trust shall assure to the City the instal-
lation of the improvements, to the satisfaction and
approval of the City Engineer. This savings account
or trust shall be conditioned so that no amount may
be removed therefrom without prior written approval
of the City, and shall further provide that, if the
improvements are not installed within the time
limitations set by the City Engineer, or not installed
to the satisfaction of the City Engineer, then the
City may withdraw from the savings account or trust
the amount necessary to complete the improvement.
The City Engineer shall determine the period of the
assignment of the savings account or the trust.
After completion of all required improvements
the City Engineer and any government agency involved
shall submit a written notice to the Planning Com-
mission stating that the developer has completed the
required improvements in accordance with Section 6 and
with required installation standards.
The Subdivision Administrator shall send a written
notice to the developer advising him to prepare a Final
plat for that portion of the area contained in the
Preliminary plat in which the required improvements
have been installed.
FINAL APPROVAL The Final plat shall conform to
the Preliminary plat as approved by the Planning
Commission. If desired by the developer, the Final
plat may constitute only that portion of the approved
Preliminary plat which he proposes to record and develop
at the time.
The Final plat shall be submitted to the Planning
Commission within twelve months after Commission approval
of the Preliminary plat. Said approval shall become
void unless an extension of time is granted by the
Planning Commission.
The developer shall submit a mylar tracing and six
prints or more if required of his Final plat and other
required exhibits to the Subdivision Administrator at
least fourteen days prior to the meeting in which the
Final plat is to be considered by the Planning Commission.
Ten days prior to the public hearing of the Commis-
sion in which the Final plat is to be considered, the
developer shall post three notices regarding said hearing.
•
•
The Planning Commission shall review the Final
plat to determine if the plat conforms with the
Preliminary plat, the provisions of the Comprehensive
Plan, the Zoning Regulations and these Subdivision
Regulations. Within sixty days the Commission shall
act upon the Final plat.
If the Commission approves the Final plat the
Chairman shall sign the Final tracing. If the Com-
mission disapproves the Final plat it shall express
its reasons for disapproval, and shall give written
notice to the developer of its action.
Following the approval of the Final plat by the
Commission the Subdivision Administrator shall obtain
the signatures of the County Health Officer (if
required by Commission), the City Engineer, City
Clerk, City Manager and City Attorney on the Final
tracing and shall submit the tracing of the Final plat
to the City Council for approval and signature by the
Mayor.
The developer shall have his Final plat recorded
within thirty (30) days from the date his Final plat
is approved by the City Council.
After obtaining signatures of City officials and
prior to thirty days after recording, the developer
shall obtain and give to the City Engineer a mylar or
equivalent duplicate of the Final plat.
APPROVAL AND REVIEW OF PRELIMINARY AND FINAL PLATS
When:a proposed plat or subdivision is situated adjacent
to the right -of -way of state highways, said plat or
subdivision shall be submitted to the Director of High-
ways. Approval by the Commission shall be withheld until
said Director or his assistant has made a report to the
Commission.
When a proposed plat, subdivision or dedication is
adjacent to unincorporated territory notice of such
proposed plat shall be given by the Subdivision Admin-
istrator to the Clallam County Planning Commission.
Any decision by the City Council approving or
refusing to approve a plat or subdivision shall be
reviewable for arbitrary, capricious or corrupt action
or non - action, by writ of review before the Superior
Court of Clallam County, by any property owner of the
county having jurisdiction thereof who deems himself
agrieved thereby. Provided, that due application for
such writ of review shall be made to such court within
thirty days from the date of any decision so to be
reviewed."
PASSED by the City Council of the City of Port Angeles
at a regular meeting of the Council held on the 341,4 day
of
ATTEST:
, 1979.
Marian ^•C. Parrish, City Clerk
APPROVED AS TO FORM:
Craig L. ill_ , City Attorney
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