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HomeMy WebLinkAbout2719ORDINANCE NO. 2719 AN ORDINANCE of the City of Port Angeles revising the time period for filing final plats and short plats and amending Ordinances 2222 and 1631, as amended, and Chapters 16.04 and 16.08 of the Port Angeles Municipal Code. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES ORDAIN as follows: Section 1. Section 13 of Ordinance 2222 and PAMC 16.04.130 are hereby amended to read as follows: 16.04.130 Final Short Plat - Filing Time Limit. A. Within twe three years of the Planning Director's approval of a preliminary short plat, the applicant and /or property owner shall submit a final short plat to the Planning Department which is in compliance with the approved preliminary short plat. B. Prior to the expiration of said twe three -year period, the applicant or property owner may request, in writing, for good cause, a one -year extension of the period within which a final short plat must be filed. The Planning Director shall act on such request within ten days, and may grant the extension, if good cause is shown. Appeal from denial of the requested extension shall be governed by the provisions of Section 16.04.120 of this Chapter. C. Failure to submit a proposed final short plat within the twe three years or an approved one -year extension, shall terminate the preliminary short plat approval. Section 2. Section 4 of Ordinance 1631, as amended, and PAMC 16.08.040 are hereby amended to read as follows: 16.08.040 - Procedure A. PRELIMINARY STEPS. The developer shall submit a Sketch of his proposed subdivision of land to the Subdivision Administrator for his review prior to submittal of the -1- T Preliminary Plat. B. 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 Resolution 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 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 disapprove 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 -2- 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 Conditional Approval of the Preliminary plat, and constitute approval of the Final plat; only as approval of the layout submitted it shall be considered shall not considered on the Preliminary 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 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 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 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 installation 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 -3- 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 Commission 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. C. 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 twclvc month3 three years after Commission approval of the Preliminary plat. Said approval shall become void unless an extension of time is granted by the Planning Commission pursuant to RCW 58.17.140. The developer shall submit a mylar tracing and six (6) prints (or more if required) of his Final plat and other required 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 Resolution of -4- 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 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 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 Commission the Sub - division 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. D. 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 Highways. Approval by the -5- 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 Administrator 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 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. This Ordinance shall take effect five (5) days after date of publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 3rd day of November , 1992. ATTEST: Jo n C Becky Clerk y erk APPROVED AS TO FORM: Craig Kntttson Ci g , Attorney PUBLISHED: November 8, 1992 (By summary) AT. 72 -6- Summaries of Ordinances Adopted by the Port Angeles City Council on November 3. 1992 Ordinance No. 2718 This Ordinance of the City of Port Angeles corrects an error in the formula for calculating free - standing sign requirements applicable in the Arterial Commercial District, so that one point twenty -five (1.25) square feet of free - standing visible sign area is allowed for every one lineal foot of arterial street frontage of the site, provided that the maximum area on any free - standing sign face does not exceed half of the maximum visible sign area. This Ordinance amends Section 1 of Ordinance 2689 and Section 17.26.220 of the Port Angeles Municipal Code. Ordinance No. 2719 This Ordinance of the City of Port Angeles revises the time period for filing final plats and short plats so that three years is allowed between preliminary plat approval and final plat submission. This Ordinance amends Ordinances 2222 and 1631, as amended, and Chapters 16.04 and 16.08 of the Port Angeles Municipal Code. Ordinance No. 2720 This Ordinance of the City of Port Angeles establishes a tax on cellular telephone services, deletes a provision for bad debt credits, and amends Ordinance No. 2183, as amended by Ordinance No. 2651, and Sections 5.80.050 of the Port Angeles Municipal Code. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. These Ordinances shall take effect five days after the date of publication of these summaries. Becky J. Upton City Clerk Publish: November 8. 1992