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Home My WebLink About2143D, /98/ le.r.A/o. /7- 8 /..�i ORDINANCE NO. .o2/5&& AN ORDINANCE of the City of Port Angeles providing a method for establishing fees for Planning Activities by Council Resolution; amending Section 8 of Article XI of Ordinance No. 1709, Section 4 of Ordinance No. 1631, and Section 6 of Ordinance No. 2033 and Section 15.08.060 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES as follows: Section 1. Section 8, Article XI, Ordinance No. 1709, is amended to read as follows: "A fee for the filing and processing of applications for all permits required by this Ordinance shall be paid at the time an application is submitted. The amount of the fee shall be set by Resolution of the City Council, and may be amended or changed by Resolution from time to time, or as necessary." Section 2. Section 4 of Ordinance No. 1631 is hereby amended to read as follows: " Section 4. PROCEDURE "PRELIMINARY STEPS The developer shall submit a Sketch of his proposed sub- division of land to the Subdivision Administrator for his review prior to submittal of the Preliminary Plat. "CONDITIONAL APPROVAL The developer or his surveyor shall then transmit six (6) (or more if required) copies of his Preliminary Plat, together with a filing fee, to the Subdivision Administrator The amount of the filing fee shall be set by Resolution of the City Council, and may be amended or changed by Resolu- tion from time to time, or as necessary. The City Engineer shall submit his written recommendations to the Planning Commission 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 shall be submitted to the Subdivision Adminis- trator at least fourteen days prior to the next public hear- ing of the City Planning Commission. Notice of the public hearing on a proposed plat or sub- division shall be posted by the developer and shall consist of at least three copies of the notice of the hearing, poste 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. 8/ 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 disapprove and shall make recommendations thereon. If the recommendations of the City Manager or City En- gineer are not followed, the City Manager can appeal the Planning Commission's recommendation to the Council. Within fourteen days following final action of the Com- mission 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 Commis- sion'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 Con- ditional Approval of the Preliminary plat, and shall not. constitute approval of the Final plat; it shall be con- sidered only as approval of the layout submitted on the Pre- liminary plat as a guide to the preparation of the Final plat. If the Preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements re- quired by Section 6 of this Ordinance by one of the follow- ing 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 re- quired improvements 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 sav- ings 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 installation of the improvements, to the satis- faction and approval of the City Engineer. This savings ac- count 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 im- provement. 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 Commission stating that the developer has completed the required improvements in accor- dance with Section 6 and with required installation stan- dards. 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. -2- "FINAL APPROVAL The Final plat shall conform to the Preliminary plat as approved by the Planning Commission. If desired by the de- veloper, 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 Com- mission within twelve months after Commission approval of the Preliminary plat. Said approval shall become void un- less an extension of time is granted by the Planning Com- mission. The developer shall submit a mylar tracing and six (6) prints (or more if required) of his Final plat and other re- quired exhibits, including a filing fee, 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. The amount of the fee shall be set by Resolu- tion of the City Council, and may be amended or changed by Resolution from time to time, or as necessary. Ten days prior to the public hearing of the Commission 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 Regu- lations 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 Commission 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 Commis- sion the Subdivision Administrator shall obtain the signa- tures of the County Health Officer (if required by Commis- sion), 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 sig- nature 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 dupli- cate 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 subdivi- sion shall be submitted to the Director of Highways. Ap- proval by the Commission shall be withheld until said Direc- tor or his assistant has made a report to the Commission. When the proposed plat, subdivision or dedication is ad- jacent to unincorporated territory notice of such proposed plat shall be given by the Subdivision Administrator to the Clallam County Planning Commission. -3- • Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for ar- bitrary, 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 there- of who deems himself aggrieved 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." Section 3. Section 6 of Ordinance No. 2033, and Section 15.08.060 of the Port Angeles Municipal Code, are each amended to read as follows: "Section 6. Permit Applications. (a) Application for all permits required under this Chapter shall be made with the Planning Department by the prop- erty owner, lessee, contract purchaser or other person entitled to possession of the property, or by an auth- orized agent. (b) A filing fee shall be paid to the Planning Department at the time an application is filed. The,amount of the fee shall•be set by Resolution of the City Council, and may be amended or changed by Resolution from time to time, or as necessary." , Section 4. This Ordinance shall take effect June 1, 1981. PASSED by the City Council of the CityAaoff Port Angeles at a regular meeting of the Council held on the 19th day of May, 1981. ATTEST: • Marian C. Parrish, City Clerk APPROVED AS TO FORM: Craig . Miller, City Attorney LISHED: o, I 8 -4- aG MAYO