Chapter 16.16
FINAL PLAT
Sections:
16.16.010 Filing period.
16.16.020 Approval by health department, department of community development, hearing examiner and county engineer.
16.16.030 Review by county engineer.
16.16.040 Submission to board.
16.16.050 Board determinations – Approval or disapproval.
16.16.060 Approval – Time limit.
16.16.070 Standards.
16.16.080 Violation – Injunction action.
16.16.085 Enforcement by civil action.
16.16.090 Exception to injunctive action.
16.16.010 Filing period.
At any time within three years following the board’s approval of a preliminary plat, the subdivider may submit the original of a proposed final plat to the county engineer.
(Ord. 20 (1983) § 23, 1983)
16.16.020 Approval by health department, department of community development, hearing examiner and county engineer.
Each and every preliminary plat submitted for final approval by the board of county commissioners shall be accompanied by recommendations for approval or disapproval from:
(1) The Bremerton-Kitsap County health department as to the adequacy of the proposed means of sewage disposal and water supply;
(2) The Kitsap County department of community development as to compliance with all terms of the preliminary approval of the proposed plat subdivision or dedication;
(3) As outlined further in Sections 16.16.030 and 16.16.040.
(Ord. 20 (1983) § 24, 1983)
16.16.030 Review by county engineer.
The county engineer shall satisfy himself that:
(1) The final plat meets all standards established by state law and Chapters 16.04 through 16.44 relating to final plats;
(2) The proposed final plat bears the certificates and statements of approval required by Chapters 16.04 through 16.44;
(3) A title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat’s certificate;
(4) The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided a bond in an amount and with sureties commensurate with improvements remaining to be completed securing to the county the construction and installation of the improvements.
(Ord. 20 (1983) § 25, 1983)
16.16.040 Submission to board.
The county engineer shall acknowledge receipt of a proposed final plat which meets the requirements of Sections 16.16.010, 16.16.020 and 16.16.030, and shall forward the original to the clerk of the board.
(Ord. 20 (1983) § 26, 1981)
16.16.050 Board determinations – Approval or disapproval.
(a) The board shall, at its next public meeting or any continued meeting, determine:
(1) Whether conditions imposed when the preliminary plat was approved have been met;
(2) Whether the bond, if there is one, by its essential terms assures completion of improvements;
(3) Whether the public use and interest will be served by approving the proposed final plat;
(4) Whether the requirements of state law and Chapters 16.04 through 16.44 have been satisfied by the subdivider.
(b) The board shall thereupon approve or disapprove the proposed final plat. If the board approves the plat, the county auditor shall file the original for record and return the reproducible copy thereof to the county engineer who shall forward one paper copy to the county assessor, and retain the reproducible copy in the files of the county engineer. The county engineer shall also furnish a reproducible copy of the required plat, without cost, to the land surveyor representing the subdivider.
(Ord. 20 (1983) § 27, 1983)
16.16.060 Approval – Time limit.
Final plats shall be approved, disapproved or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period.
(Ord. 20 (1983) § 28, 1983)
16.16.070 Standards.
(a) Every final plat shall consist of one or more pages, each eighteen inches by twenty-two inches clearly and legibly drawn on tracing cloth, stable-base, Mylar polyester film, or equivalent approved material. All drawing and lettering on the final plat shall be in permanent black ink, or an approved equivalent.
(b) The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be no smaller than one inch to two hundred feet. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of three inches on one left, narrow side and one inch on the remaining sides to fit the county auditor plan book when filed in upright position.
(c) Each sheet of the final plat shall contain the subdivision’s name, the scale and the north point, showing equation to true north, where applicable.
(d) All signatures affixed to a final plat shall be original signatures written in permanent black ink.
(e) Every final plat shall include an accurate map of the subdivided land, based upon a complete survey thereof, which map shall include:
(1) All section, township, municipal and county lines lying within or adjacent to the subdivision;
(2) The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries;
(3) The location of all permanent control monuments found and established within the subdivision;
(4) The boundary of the subdivision with complete bearings and lineal dimensions;
(5) The length and the bearings of all straight lines; the radii, arc lengths, semi-tangents and delta angle of all road-centering curves and radii, delta angle, and arc length of right-of-way curves;
(6) The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;
(7) The location, width, centerline and name or number of all streets within and adjoining the subdivision;
(8) The location, shown with broken lines, and the width and description of all easements;
(9) Numbers assigned to all lots and blocks within the subdivision;
(10) Names of any adjacent subdivisions;
(11) A copy of all restrictive covenants proposed to be imposed upon land within the subdivision.
(f) In addition to the map or maps, every final plat shall contain written data including:
(1) The name of the subdivision;
(2) The legal description of land contained within the subdivision;
(3) A certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision in substantially the following language:
I, ______________________, registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of __________, 19___, through _______________, 19___; that the distances, courses, and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.
(4) A space for the approval by the county engineer;
(5) A space for the approval by the county health director;
(6) A statement of the director of the department of community development that the subdivision conforms to the Comprehensive Plan;
(7) If any portion of the subdivision lies within a flood control zone, a statement of approval signed by the Director of the State Department of Ecology;
(8) A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the persons and acknowledged by them before a notary public, consenting to the subdivision of the land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision;
(9) A certificate signed by the Kitsap County treasurer that all taxes one year in advance on all unimproved property in each proposed subdivision for which the subdivider may be liable have been duly paid, satisfied or discharged;
(10) Space for approval by the Kitsap County board of commissioners.
(Ord. 20 (1983) § 50, 1983)
16.16.080 Violation – Injunction action.
Whenever any parcel of land is divided into five or more lots, tracts or parcels of land and any person, firm or corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such subdivision filed for record, then such action is unlawful and a public nuisance, and the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales, or transfers, or offers of sale or transfer and compel compliance with Chapters 16.04 through 16.44. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property except as provided in Section 16.16.090.
(Ord. 20 (1983) § 52, 1983)
16.16.085 Enforcement by civil action.
In addition to or as an alternative to any other penalty provided in this chapter or by law, any violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Civil Enforcement Ordinance (Chapter 2.116 of this code).
(Ord. 20-A (1997) § 1, 1997)
16.16.090 Exception to injunctive action.
If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement is not subject to Section 16.16.080. All payments on account of an offer or agreement conditions as provided in this section shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final plat is recorded.
(Ord. 20 (1983) § 53, 1983)