Chapter 16.12
PRELIMINARY PLAT
Sections:
16.12.010 Application for subdivision required – Number of preliminary plat copies required.
16.12.020 Application – Fees to accompany.
16.12.030 Application – Affixing file number and receipt date – Copy forwarding.
16.12.040 Hearing – Setting date.
16.12.050 Hearing – Notice.
16.12.060 Hearing – Scope and continuance.
16.12.070 Hearing – Road, sewer and water recommendations.
16.12.080 Hearing – Appropriate facilities and improvements determinations.
16.12.090 Hearing – Conformance to Comprehensive Plan determination.
16.12.100 Hearing – Report to board.
16.12.110 Hearing – Recordation.
16.12.120 Board’s action on hearing examiner’s recommendation – Setting date.
16.12.130 Board’s action on hearing examiner’s recommendation – Approval, disapproval or hearing.
16.12.140 Board’s action on hearing examiner’s recommendation – Records.
16.12.150 Approval – Time limit.
16.12.160 Board to consider certain facts.
16.12.170 Approval – Constitutes authorization for subdivider.
16.12.180 Approval – Expiration.
16.12.190 Standards.
16.12.010 Application for subdivision required – Number of preliminary plat copies required.
Any person desiring to subdivide land in an unincorporated area of Kitsap County shall submit an application therefor to the planning director. The application shall be accompanied by a minimum of fifteen copies of the preliminary plat.
(Ord. 20 (1983) § 5, 1983)
16.12.020 Application – Fees to accompany.
The application shall be accompanied by:
(1) A nonrefundable fee to be paid to the department of community development per the Kitsap County Development Permit Fee Schedule (Section 21.06.100);
(2) A nonrefundable fee to be paid to the Kitsap County health district.
(Ord. 291 (2002) § 6, 2002: Ord. 20 (1983) § 6, 1983)
16.12.030 Application – Affixing file number and receipt date – Copy forwarding.
If the preliminary plat contains sufficient data to determine approval or disapproval, the director of the department of community development shall affix a file number and date of receipt to the application and shall promptly forward adequate copies of the preliminary plat to the appropriate agencies and officials.
(Ord. 20 (1983) § 7, 1983)
16.12.040 Hearing – Setting date.
Upon receipt of an acceptable application, the planning director shall set a date for public hearing before the hearing examiner.
(Ord. 20 (1983) § 8, 1983)
16.12.050 Hearing – Notice.
The planning director shall give notices of the public hearing as follows:
(1) Through the United States mail, postmarked at least ten days before the date of the hearing, to the following:
(A) The legislative authority of any city or town adjacent to or within one mile of the proposed subdivision, or the public utilities which are contemplated for use in the proposed subdivision;
(B) The State Department of Highways, or its successor, if the proposed subdivision is adjacent to the right-of-way of any state highway;
(C) The State Department of Ecology, or its successor, if the proposed subdivision lies within a flood control zone designated pursuant to RCW Chapter 86.16.
(2) By arranging for publication of a notice of the hearing in the official county newspaper, and in a newspaper of general circulation within the county, to appear at least ten days prior to the hearing date; and
(3) By notifying the county engineer, the county health officer, and the appropriate fire district;
(4) By posting notice on the property at least ten days prior to the hearing; or
(5) By mailing notice to property owners within four hundred feet of the subject property, at least ten days prior to the hearing;
(6) All hearing notices shall include a legal description of the location of the proposed subdivision and either a vicinity sketch or a location description in nonlegal language.
(Ord. 20 (1983) § 9, 1983)
16.12.060 Hearing – Scope and continuance.
At the public hearing, the hearing examiner shall consider all relevant evidence to determine whether to recommend that the preliminary plat be approved or disapproved by the board. To this end the examiner may request an environmental impact statement or environmental assessment, must be considered by the examiner, and may form the basis for the examiner’s recommendation. Any hearing may be continued at the discretion of the examiner, within the time limits noted in Section 16.12.150.
(Ord. 20 (1983) § 10, 1983)
16.12.070 Hearing – Road, sewer and water recommendations.
The county engineer and the county health officer shall provide to the hearing examiner their respective recommendations as to the adequacy of the proposed road system, the proposed sewage disposal and water supply systems. The recommendations of the county engineer and the county health officer shall be attached to the hearing examiner’s report for transmittal to the board.
(Ord. 20 (1983) § 11, 1983)
16.12.080 Hearing – Appropriate facilities and improvements determinations.
The hearing examiner shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys and other public ways, water supplies, sanitary wastes, parks, playgrounds, fire protection facilities, school sites and grounds and other public and private facilities and improvements.
(Ord. 20 (1983) § 12, 1983)
16.12.090 Hearing – Conformance to Comprehensive Plan determination.
The hearing examiner shall determine if the proposed subdivision conforms to the general purposes of the Comprehensive Plan, and if the public use and interest will apparently be served by the proposal.
(Ord. 20 (1983) § 13, 1983)
16.12.100 Hearing – Report to board.
Not later than fourteen days following conclusion of the hearing, the hearing examiner shall submit his or her written report and recommendations to the legislative body. The hearing examiner may recommend that the proposed plat be approved, conditionally approved or disapproved. Conditions of approval shall be precisely recited in the hearing examiner’s report and shall include recommended improvements, if any.
(Ord. 20 (1983) § 14, 1983)
16.12.110 Hearing – Recordation.
Records of the hearing examiner hearings on preliminary plats shall be kept by the director of the department of community development and shall be open to public inspection.
(Ord. 20 (1983) § 15, 1983)
16.12.120 Board’s action on hearing examiner’s recommendation – Setting date.
Upon receipt of the hearing examiner’s recommendation, the board shall, at its next public meeting, set the date for the public meeting at which the board shall consider the recommendation.
(Ord. 20 (1983) § 16, 1983)
16.12.130 Board’s action on hearing examiner’s recommendation – Approval, disapproval or hearing.
At the meeting scheduled for considering the preliminary plat the board shall, after reviewing the recommendations of the hearing examiner, the county engineer, the health officer and any other relevant evidence presented to it, either concur with the examiner’s recommendation, or set public hearing to change the recommendation. Such public hearing shall permit all interested persons to appear before the board and be heard on the proposal to change the recommendation. Notice of such hearing shall be pursuant to Section 16.12.050 (2) and (6). At the conclusion of the public hearing or any continued hearing, the board may adopt its own recommendations and approve, conditionally approve or disapprove the preliminary plat.
(Ord. 20 (1983) § 17, 1983)
16.12.140 Board’s action on hearing examiner’s recommendation – Records.
Records of the board’s proceedings concerning a preliminary plat shall be kept by the clerk of the board and shall be open to public inspection.
(Ord. 20 (1983) § 18, 1983)
16.12.150 Approval – Time limit.
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 the 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 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the local governmental agency.
(Ord. 20 (1983) § 19, 1983)
16.12.160 Board to consider certain facts.
The board shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and that the public use and interest will be served by the platting of such subdivision, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The board shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners.
(Ord. 20 (1983) § 20, 1983)
16.12.170 Approval – Constitutes authorization for subdivider.
Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with standards established by Chapters 16.04 through 16.44 and any conditions imposed by the board.
(Ord. 20 (1983) § 21, 1983)
16.12.180 Approval – Expiration.
The approval given to a preliminary plat shall expire unless, within three years following approval, a proposed final plat in proper form is submitted to the county engineer; provided, however, that an extension may be granted by the hearing examiner.
(Ord. 20 (1983) § 22, 1983)
16.12.190 Standards.
Every preliminary plat shall consist of one or more maps, the scale of which shall be not less than two hundred feet to the inch. The horizontal and vertical scales for street and sewer profiles shall be two hundred feet and twenty feet to the inch, respectively. Written data shall be submitted in such form that when the maps and written data are considered together they shall fully and clearly disclose the following information:
(1) The name of the proposed subdivision;
(2) The legal description of land contained within the subdivision;
(3) The names, addresses and telephone numbers of all persons, firms, and corporations holding interests in the land;
(4) The name, address, telephone number and seal of the registered land surveyor who made, or under whose supervision was made, a survey of the proposed subdivision;
(5) The date of the survey;
(6) The boundary lines of the proposed subdivision;
(7) All existing monuments and markers;
(8) The boundaries of all blocks and lots within the proposed subdivision, together with the numbers proposed to be assigned each lot and block;
(9) The location, names and width of all existing streets, roads and easements within the proposed subdivision and adjacent thereto;
(10) The location and, where ascertainable, sizes of all permanent buildings, wells, watercourses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided;
(11) Contour lines of at least five-foot intervals or sufficient intervals to show the topography of the land to be subdivided, referenced to either the United States Coast and Geodetic Survey datum, or other datum acceptable to the county engineer;
(12) A layout of proposed roads, alleys, utility mains and parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;
(13) Generalized plans of proposed water distribution systems, sewerage systems, and drainage systems, or tideland or shoreland modifications, indicating locations;
(14) In subdivisions proposed to be served by individual septic tanks, the location of soil log holes together with data regarding percolation rates;
(15) A sketch of the general vicinity in which the land proposed for subdivision lies, upon which are identified owners of land adjacent to the subdivision and the names of any adjacent subdivisions.
(Ord. 20 (1983) § 49, 1983)