782_00001ORDINANCENO.782
AN ORDINANCERELATING TO AND REGULATINGTHE SUBDIVISION OF
LAND WITHIN THE CITY OF MOSES LAKE,PRESCRIBING PENALTIES,AND REPEALING CHAPTER3.20 OF THE MOSESLAKE CITY CODE,ANDALLAMENDMENTSTHERETO,
THE CITY COUNCILOF THE CITY OF MOSES LAKE DO ORDAIN AS FOLLOWS:
I 3.20 SHORT TITLE
This Ordinance shall be known as the Subdivision Ordinance of the CityofMosesLake.
3.20.04 DEFINITIONS
Administrator:As used in this Ordinance shall be the CommunityDevelopmentDirectororotherpersonsasappointedbytheCityManager.
31.oc);:A group of lots,tracts or parcels within well defined andfixedboundaries.
Commission:The Moses Lake Planning Commission.
Construction Plans:The maps or drawings and specifications accompaning
a plat showing the specific location and design of improvements to beinstalledorconstructedinthesubdivision.
Council:The Moses Lake City Council.
Final Plat:The final drawing of the subdivision and dedication pre-pared for filing for record with the county auditor and containing
i all elements and requirements set forth in this Ordinance and inlocalregulationsadoptedpursuanttothisordinanceandasrequiredbyWashingtonStataLaw.
General Plan:The comprehensive Zoning Street Plan,Parks and RecreationPlan,and Water and Sewer Plan which have been or shall hereafter beenactedandadoptedbytheCityCouncil.
Lot:A fractional part of land under one ownership,having fixedboundaries,being of sufficient area and dimension to meet minimumzoningrequirementsforwidthandarea.
Major Subdivision:The division of land into five or more lots,tracts,parcels,sites,or subdivisions for the purpose of sale orlease,
at:A map or representation of a subdivision showing thereon thedivisionofatractorparceloflandintolots,blocks,streets,and alleys,or other divisions and dedications.
Preliminary Plat:A neat and approximate drawing of a proposedsubdivisionshowingthegenerallayoutofstreetsandalleys,lots,block and restrictive covenants to be applicable to the subdivision,and other elements of a plat or subdivision which shall furnish aibasisfortheapprovalordisapprovalofthegenerallayoutofasubdivision.
Short Plat:A map or representation of a short subdivision.
Short Subdivision:The division of land into four or less lots,tracts,parcels,sites,or subdivisions for the purpose of sale,lease,or building.
Ordinance No.782
Page 2
Street and Utility Standards:The set of formally adopted standards
setting specifications,standards,and guidelines for all public and
private street and utility construction within the City.
Subdivider:A person,firm,or corporation that undertakes to create
a major or short subdivision.
3.20.08 PURPOSE
The purpose of this Ordinance is to regulate the subdivision of land
and to promote the health,safety,and general welfare in accordance
with standards established by the City and the State to prevent the
overcrowding of land;to lessen congestion in the streets and highways;
to provide for adequate light and air;to facilitate adequate provision
for water,sewage,park and recreation areas,sites for schools and
school grounds,and other public requirements;to provide for proper
ingress and egress;and to require uniform monumenting of land
subdivisions and conveying by accurate legal description,
3.20.12 JURISDICTION
These subdivision regulations shall apply to all subdivisions of
land located within the corporate limits of the City of Moses Lake,
Washington.
3.20.16 ADMINISTRATIVE AUTHORITT
There is established regulations related to the municipal approval
or disapproval of subdivisions or dedications.The Administrator
is designated and assigned the administrative and coordinating
responsibilities contained herein,pursuant to the laws of the State
of Washington (RCWChapter 58.17),as thereafter amended.
3.20.20 SHORT SUBDIVISION
3.20.20.04 PURPOSE
The procedures regulating Short Subdivisions are established to
provide orderly and efficient division of land on a small scale,
to avoid placing undue burdens on the subdivider,and to comply
with the provisions of RCW58.17.
3.20.20.08 CONDITIONS
A Short Subdivision application shall not be processed unless it
is in conformance with the following items:
A.The subdivision shall not exceed three (3)acres in size and
shall contain four (4)or less lots,tracts,parcels,or sites
for the purpose of sale,or building.
B.The subdivision shall not involve any new streets or roads,
or the extension of municipal facilities,or the creation of
any municipal improvements.
C.The subdivision shall front on an existing street.
D.The subdivision shall comply with all zoning and health
regulations.
E.The subdivision shall not have been previously divided in a
Short Subdivision within the last five (5)years and will not
be further divided in any manner unless such proposed resubdivi-
sion complies with all regulations as stated for Major Subdivi-
sions as is now effective or is herein after enacted.
F.The subdivision shall be consistent with the City's General
Plan.
Ordinance No.782
Page 3
3,20.20.12 GENERALPROCEDURES
The obligation to comply with the following procedures shall occuronlyatthetimeanapplicationismadeforabuildingpermit.Before that building permit can be issued,the applicant shall
apply for and secure approval of such proposed subdivision in accor-dance with the following procedures:
A.Application
1.The subdivider shall file a Short subdivision Applicationandeight(8)copies of the preliminary short plat with thePlanningDirector.Forms shall be supplied by the City and
may be prepared by the subdivider.
2.The application fee shall be twenty-five dollars ($25).
3.The application shall include the following:
a.Owner's name and address
b.Name of plat
c.Legal description
d.Zoning
e.Water sourcef.Sewage disposal
g.Owner's signature
h.Date filed
4.Preliminary Short Plat
a.The Short Plat shall be of acceptable quality and mayIrequirepreparationbyalicensedLandSurveyororregisteredengineer.This determination will be at the
discretion of the City Engineer.
b.The Short Plat shall include the following:
(1)Subdivision name(2)Scale and north arrow(3)Dimensions of each lot
(4)Dimensions on entire parcel
(5)Bearings where required
(6)Existing streets and utilities(7)Proposed land dedications(8)Legal description of property(9)Proposed easements
5.Upon receipt of a Short Subdivision Application,the Planning
Department shall record the data received and assign a filenumber.
6.Private property may be dedicated to public use by a Dead ofDedicationacceptabletotheCity.
B.Preliminary Approval
i 1.The City Planner,after receipt of the application,willdistributethemtoCityDepartmentsandinterestedagenciesforreview.The City will,within ten (10)days,respond totheapplicantinone(1)of the following manners:
a.Preliminary approval is granted as submitted,
b.Preliminary approval is granted with modifications
requested.
c.The proposed subdivision is denied and reasons stated.
Ordinance No.782
Page 4
2.The Short Subdivision Preliminary Application will require
approval of both the Administrator and City Engineer,indi-
cated by their signatures thereon and dated to be valid.
3.20.20.16 FINAL SHORT SUBDIVISION APPLICATION
A.The Final Short Subdivision Application will be filed with the
City Planner on forms provided by the City.
1.The Final Short Plat (eight (8)copies plus the original
tracing and a reproducable copy)shall include all items in
Section 3.20.20.12,4.b.and any additional information
and modifications requested in the preliminary approval.
The final plat shall be prepared in a neat and legible manner
in drawing ink and on high grade tracing cloth.All documents,
maps,and survey notes shall contain the name of the subdivision,
the name(s)of the subdivider(s),and the name of the regis-
tered Land Surveyor responsible to the Subdivider(s).The
trimmed size of the final plat shall be eighteen inches (18")
by twenty-four inches (24").
2.The application shall be accompanied by:
a.A title report from a title company licensed to do
business in the State of Washington.
b.A certificate from the Grant County Treasurer indicat-
ing that all taxes and assessments on said property
included in the final plat,subdivision or dedication
have been paid according to the provisions of RCW
58,08.030 and RCW58.10.040 as thereafter amended.
c.A twenty-five dollar ($25)check payable to the City of
Moses Lake to cover the cost of checking the final plat,
B.The City Planner,upon receipt of the final application and plat
will distribute copies to departments and interested agencies
for their review.
C.The Final Short Plat shall be approved,disapproved or returned
to the applicant within twenty (20)days from date of filing.
This time period will be binding unless applicant consents to an
extension of time.
D.If the Short Subdivision includes a dedication,this will require
approval by the City Council.In the case of a dedication,the
time limit in Section 3.20.20.16,C.shall not apply.
E.After the Administrator approves the Final Short Plat,the sub-
divider shall submit:
1.A check payable to the Grant County Auditor to cover recording
fees.
2.A check payable to the City of Moses Lake to cover the Moses
Lake parks and public lands fee of $.0025 per square foot of
the subdivision.
F.The Short Plat will be officially signed by the City Manager,
Administrator,and City Engineer and recorded with the Grant
County Auditor and shall not be deemed approved until so filed.
G.If the Final Short Plat is not completed within six (6)months of
the date of preliminary approval,the Short Plat will be null and
void.Upon proper application by the subdivider,the Administrator
may grant one (1)extension of not more than six (6)months.
Ordinance No.782Page5
3.20.30 MAJOR SUBDIVISIONS
3.20.30.04 GENERALPROCEDURE
Whenever any subdivision of land into five (5)or more lots,parcels,or tracts is proposed or whenever any subdivision of land containingthree(3)acres or less,and containing four (4)or less lots,parcels,I or tracts does not conform with the Short subdivision Regulations,before any contract is made for the sale or lease of any lot,tract,or parcel of land created by subdivision after the effective date ofthesesubdivisionregulations,the subdividing owner or his agent shallapplyforandsecureapprovalofsuchproposedsubdivisioninaccord-ance with the following procedures,which includes basically four(4)steps:
A.Prior to development and subdivision of any plat the person,firm,
or corporation contemplating a subdivision of land will discussthismatterwiththeCityPlannerandanyotherCityDepartmentswhichwillbeaffectedbytheproposedsubdivision.
B.Application and submission of a Preliminary Plat.
C.Distribution of and approval of the Preliminary Plat.
D.Approval of Final Subdivision Plat.
3.20.30.08 REQUIREMENTSOF PRELIMINARY PLAT
The applicant of a proposed major subdivision shall submit to theSubdivisionAdministratoranapplicationandaminimumofeight(8)copies of a plat drawn to scale of the proposed subdivision.Theipreliminaryplatapplicationshallbemadeonformsavailableat theofficeoftheAdministratoraccompaniedbyafeeoffiftydollars($50).The preliminary plat shall include the following information:
A.Name of proposed subdivision
B.Boundaries of proposed subdivision established by the preliminary
survey.
C.Location and dimension of all existing and proposed streets,alleys,and utility and right-of-way easements on and adjacenttotheproposedsubdivision.
D.Legal description of land within the proposed subdivision.
E.Any proposed land dedications.
F.Name,address and seal of the registered land surveyor who madethepreliminarysurvey.
G.The date of the preliminary survey.
H.Horizontal scale of the proposed plat shall be one hundred feet(100')to the inch.
I I.Monuments found and established during the preliminary survey.
J.Date,scale,and north point of the map.Proposed lot lines withtheirdimensions,including lot numbers and block numbers.
K.If any of the parcels can be further divided or if only a portionofatractisbeingdivided,location of future streets,alleys,and lot lines shall be shown by dotted lines.
Ordinance No.782
Page 6
L.A Vicinity sketch at a scale of not more than four hundred feet
(400')to the inch.The vicinity sketch shall show all adjacent
parcels.It shall show how the streets and alleys in the proposed
subdivision may connect with existing and proposed streets and
alleys in neighboring subdivisions or unplatted property to produce
an advantageous development of the entire neighborhood.
M.Blocks and lot locations including dimensions and numbers.
N.All mapped information shall be prepared in a neat and legible
manner in ink.
O.United States Bureau of Reclamation datum including bench marks.
P.A site plan on a separate sheet showing the following information:
1.Location and sizing of existing and proposed utilities including
water,sewer,storm drains,electricity,and gas,telephone,
and cablevision lines.
2.Existing and proposed structures and natural features and
all proposed improvements within and adjoining the proposed
subdivision.
3.Topography of the area with a maximum of two foot (2')intervals
of contours.
4.Names and addresses of all land owners within two hundred feet
(200')of proposed subdivision.
5.Present zoning classification on and adjacent to property,
6.Public dedications for park land.
7.Name(s)of owner(s)of the proposed subdivision and documenta-
tion of ownership,
Q.Copy of any deed restrictions or covenants existing or proposed.
3.20.30.12 PRELIMINARYPLAT REVIEW
When the subdivision administrator is satisfied that the subdivision
Preliminary Plat meets all the requirements as defined herein,he
shall distribute it to each of the following:Public Utility District,
Gas Company,Telephone company,Public Works Department (two (2)
copies),Fire Department,and Building Inspector who are given a
minimum of fifteen (15)days to furnish the administrator with their
comments and recommendations.The administrator shall further notify
the Police Department,Park and Recreation Department,and the City
Manager that a preliminary plat has been received.All comments
shall be written and shall be returned to the subdivision adminis-
trator not less than five (5)days prior to the Commission's Public
Hearing.If the preliminary plat is found to be unacceptable,a
letter shall be mailed to the subdivider within twenty (20)days of
receipt of the plat.
3.20.30.16 PLANNINGCOMMISSION PUBLIC NEARING,NOTICE OF
A.The Administrator shall set a date for a Public Hearing before
the Planning Commission.This Public Hearing shall be held not
less than twenty (20)days nor more than forty-five (45)days
after receipt of a completed subdivision application and prelimi-
nary plat map.This Public Hearing shall be for the purpose of
giving approval,conditional approval,or disapproval of the
preliminary plat.
Ordinance No.782
Page 7
B.The Administrator shall give notice of the time,location and
purpose of the hearing in the following manner:
1.At least one (1)public notice shall be published in a localnewspaperofgeneralcirculationnotlessthanten(10)days
I
prior to the hearing.
2.Notice shall be posted at three (3)locations of public circu-lation within the City for at least ten (10)days prior tothehearing.
3.Notice shall be sent to the Department of State HighwaysandGrantCountyPlanningDepartmentifthesubdivision isadjacenttoaStateHighwayorCityLimits.
C.The Subdivider shall give notice of the time,location,and pur-pose of the hearing in the following manner and shall bear thecostforallpublicationsandPublicHearingnoticesrequiredundersection3.20.30.16:
1.The subdivider shall post four (4)notices,provided by theAdministrator,on the four (4)closest public roads in visiblelocationssurroundingtheproposedsubdivisionatleastten(10)days prior to the hearing.
2.The subdivider shall mail a notice to each adjacent or opposite
property owner within two hundred feet (200')of the proposedsubdivisionasindicatedonthepreliminaryplat.
3.20.30.20 PLANNINGCOMMISSIONHEARING:PROCEDURE
I A.The Administrator shall transmit the application,plat,and respec-tive comments and recommendations from City Departments and utilitycompaniesalongwithhisrecommendationstotheCommissionprior tothehearing.
B.The Commission shall review the preliminary plat,municipal recom-mendations,testimony,and exhibits submitted at the Public Hearing.The applicant shall be advised by the Commission of any requiredchangesand/or additions.The Commission shall approve,condition-ally approve,or disapprove the preliminary plat at the PublicHearingorwithinfifteen(15)days after the date of the regularmeetingoftheCommissionatwhichthePublicHearingonpreliminaryapproval,including adjourned date thereof,is closed.
3,20.30,24 APPROVALOF THE PRELIMINARY PLAT:PLANNING COMMISSION
A.Prior to approval of the preliminary plat,all minimum streetandutilityimprovementswhichmayberequiredwiththeplat,shall be specified by the Planning Commission and forwarded totheCityCouncilattheCouncil's next regularly scheduledmeeting.
B.Upon receipt of a recommendation from the Planning Commission,the Council shall,at its next regular meeting,set a date foriapublicmeetingtobescheduledfortheCouncil's next regularmeetingnight,where it may adopt or reject the Commission'srecommendationonthebasisofthegeneralandspecificrequirementsofthisOrdinance.
Ordinance No.782
Page 8
3.20.30.28 APPROVALOF THE PRELIMINARY PLAT:CITY COUNCIL
A.If the council,after considering the recommendation at a public
meeting,deems a change in the recommendation approving or disapprov-
ing the preliminary plat,the change in the recommendation shall
not be made until the Council holds a Public Hearing to consider
their own recommendations.The hearing before the Council shall
be held and given notice in the same manner as before the Commission.
B.Approval of the preliminary plat shall constitute approval for
the subdivider to develop construction plans and specifications
for facilities and improvements,as required,in strict conformance
to the approved preliminary plat,Street and Utility Standards,
and any special conditions required by the Council and to begin
preparation of a final plat.Permission shall not be granted for
installation of required improvements until all construction
plans and specifications have been approved by the City Engineer.
3.20.30.32 EFFECTIVE PERIOD OF PRELIMINARY APPROVAL
Preliminary approval shall lapse if a final plat is not filed within
twelve (12)months after preliminary approval is granted,unless an
extension of time is recommended by the Commission to the Council,
who may only grant one (1)twelve (12)month extension.Any plat not
receiving final approval within the period of time set forth herein
shall be null and void,and the developer shall be required to re-
submit a new plat for preliminary approval subject to all new zoning
restrictions and subdivision regulations.
3.20.30.36 FINAL SUBDIVISION PLAT
A,Following approval of the preliminary plat by the City Council,the
subdivider,if he wishes to proceed with the subdivision,shall file
with the administrator,a complete set of construction plans and
specifications showing all minimon improvements as required by the
City Council in granting approval to the preliminary plat.The
construction plans and specifications shall be accompanied by a
minimum plan check fee of fifty dollars ($50)or five dollars ($5)
per lot,which ever is greater.All construction plans and specifica-
tions shall be in conformance with the Moses Lake Street and Utility
Standards.
B.The construction plans and specifications shall be forwarded to
the City Engineer who shall have fifteen (15)days to approve,
conditionally approve,or disapprove the submitted plans.
C.After the City Engineer has approved the construction plans and
specifications and the subdivider has paid all service charges
as may be required in Title 9 of the Moses Lake City Code,and
the subdivider has also complied with section 3.20.60 of this
chapter,the subdivider may then proceed following one (1)of
the two (2)alternatives:
1.The subdivider shall complete and install all minimum improve-
ments as show on the construction plans and specifications
and all minimum improvements shall be in compliance with
standards listed in this Ordinance.All minimum improvements
shall be inspected by the City Engineer during installation
and approved by the City Engineer upon their completion.The
subdivider's engineer shall be responsible for inspection and
certification of all minimum utility improvements within
subdivisions where full time inspection would be required by
the City Engineer.
Ordinance No.782
Page 9
2.In lieu of completing all minimwn improvements the subdivider
may post a performance bond or other secured method in a formsatisfactorytotheCityAttorneyandupontherecommendationoftheCommissionandapprovaloftheCityCouncil.This bondshallbeofsuchanamounttocoveronehundredandfifty
per cent (150%)of the cost of completing all minimum improve-
ments as required by the City Council in approving the prelimi-I nary plat.All such minimum improvements listed in the bond
must be completed or installed in conformance with the Moses
Lake Street and Utility Standards within a set time periodofnotmorethantwo(2)years.
A one (1)time extension of the two (2)year time limit canbegrantedwithspecialpermissionfromtheCouncil,and nofurtherextensionsshallbegranted.At the end of the two(2)year period,if all utilities listed in the bond have notbeencompleted,the bond will be updated with new estimatesofcostonalluncompletedminimumimprovementsandall increased
cost estimates shall be passed on to the bond.If theseincreasedcostsarenotacceptedbythesurety,then the Cityshallforecloseonthebond,If all improvements are notcompleted,in the time limit specified in the bond,the bondshallbeforfeitedandtheCityofMosesLakeshallundertake
the installation and completion of all minimum improvements
with said forfeited bond money.
C.When the subdivider has completed and has had approved the construc-tion and installation of all minimum improvements or has submitted
an approved performance bond in lieu thereof,he may then makeapplicationwiththeAdministratorforapprovalofthefinalsubdivisionplat.The application for final plat approval shallibeaccompaniedby:
1.Final plat.
2.A title report from a title company licensed to do businessintheStateofWashington.
3.A certificate from the Grant County Treasurer indicatingthatalltaxesandassessmentsonsaidpropertyincluded inthefinalplat,subdivision,or dedication have been paidaccordingtotheprovisionsofRCW53andRCW58,as there-after amended,
4.All restrictive covenants proposed to run with the land.
D.The application shall be submitted to the Administrator witheight(8)copies of the final plat along with the original tracingandareproducablecopyallproperlysignedbytheplatownerandregisteredlandsurveyor,a minimum of twenty (20)days priortoaregularmeetingoftheCityCouncil,who must grant finalapprovaloftheplat.
E.The final plat shall be distributed the same as the preliminaryplat,with each recepient being given ten (10)days to reply inIwritingastotheacceptabilityofthefinalplat.
3.20.30.40 FINAL PLAT REQUIREMENTS
The final plat,or dedication shall be submitted to the Administrator,in the form herewith prescribed:
A.General
1.The final plat,containing all the information specified inthisSectionshallbepreparedinaneatandlegiblemannerindrawinginkandonhighgradetracingcloth.
Ordinance No.782
Page 10
2.All documents,maps,survey calculations,and notes shall
contain the name of the subdivision,the name(s)of the sub-
divider(s),and the name of the registered land surveyor
.responsible to the subdivider(s).
3.The trimmed size of the final plat shall be twenty-six and a
half inches (26¼")by twenty-six and a half inches (26½")and
the final plat shall be recorded on two (2)or more sheets if
the scale necessary to accomodate the map on one (1)sheet
would unduly congest the drawing.
B.Specific
1.The final plat shall clearly show the following information:
a.The lines and names of all streets or other public ways,
parks,playgrounds and easements intended to be dedicated
for public use,or granted for use of inhabitants of the
subdivision,
b.The lines and name of all existing or platted streets or
other public ways,parks,playgrounds and easements
adjacent to the final plat,subdivision or dedication,
including municipal boundaries,township lines,and
section lines,
c.The lengths and bearings of all straight lines,curve
radii,arcs,and semi-tangents of all curves.
d.All dimensions along the lines of each lot,with the
true bearings and also any other data necessary for the
location of any lot lines in the field,
e.Suitable primary control points,approved by the City
Engineer or descriptions and ties to such control points,
to which all dimensions,angles,bearings and similar
data given on the plat shall be referred.
f.The location of all permanent monuments.
g.The names of all subdivisions immediately adjacent thereto.
h.The date,true north point,scale,datum plane,and date
of survey.
i.The boundary of the tract,the courses and distances
marked thereon,as determined by a field survey made
by a registered and qualified land surveyor of the
State of Washington and to close with an error as re-
quired by the Washington State Law.
j.The elevations of all corners on the boundaries of the
subdivided tract.
k.The profiles of all street center lines to the vertical
scale of twenty feet (20')or less to the inch,and
horizontal scale of forty feet (40')or less to the
inch,submitted on a separate four (4)x twenty (20)
standard profile tracing cloth,
1.Sewer and water profiles to the same scale and on the
same sheet as street profiles and the plan of all sewer
and/or water lines,including "T's"and "Y's",and other
intersections on a separate sheet.
m.A vicinity sketch map of not more than four hundred feet
(400')to the inch.
n.Street names.
Ordinance No.782
Page 11
c.Certification by licensed and land surveyor of accurancyofplatandsurvey.
p.Statement by owner dedicating streets,right-of-ways,
and any sites for public use.
2.All linear dimensions shall be given in feet and decimals ofIafoottothenearesthundredth.
3.The scale of the final plat shall be one hundred feet (100')to the inch.
4.If the plat constitutes a replat,the lots,blocks,streets,etc.,of the original plat shall be shown by dotted lines intheirproperpositionsinrelationtothenewarrangementoftheplat,the new plat being so clearly shown in solid lines
as to avoid ambiguity.
5.The final plat shall be accompanied by other sheets showingallutilitygrades,contours at two foot (2')intervals,and the plat shall be based on a datum plane approved by theCityEngineer.
6.The subdivider's land surveyor shall set all required monumentsandshallstakealllotcornersasshownonthefinalplatbeforetheplatissubmittedforfinalapproval.
7.The final plat shall contain the legal description of thesubdivisionandthefollowingdedication,acknowledgment,and endorsement statements shall appear in the following
sequence in ink,either by hand or mechanical device,
i KNOWALL MENby these presents that ,the undersigned
owner in fee simple,and incumbrances of the land hereby platted,herebydeclarethisplatanddedicate(s)to the use of the public forever,all streets and
easements or whatever public property there is shown on the plat and the use thereofforanyandallpublicpurposes;also,the right to make all necessary slopes forcutsorfillsuponthelots,blocks,tracts,etc.,"shown on this plat in the reason-able original grading of all streets,shown hereon.
IN WITNESS WKEREOF,we have hereunto set our hand(s)and seal(s)this dayof,19 .
Signed and sealedSTATEOFWASHINGTON))ss.County of Grant )
THIS IS TO CERTIFY THAT on this day of ,19 ,before metheundersigned,a Notary Public,personally appeared ,to meknowntobetheperson(s)who executed the foregoing dedication and acknowledgment
to me that signed the same as free and voluntary act and deed for theusesandpurposesthereinmentioned.
WITNESS my hand and official seal the day and year last above written,i Notary Public in and for the State of Washington,residing at .
I HEREBY CERTIFY that the plat of is based on actual surveyandsubdivisionofSectionTownshipNorth,Range E.W.M.,that thedistancesandcoursesandanglesareshownthereoncorrectly;that proper monumentshavebeensetandlotcornersarestakedontheground.
(Seal)Licensed Land Surveyor
Ordinance No.782
Page 12
EXAMINED ANDAPPROVEDby the Noses Lake City Engineer this day of
,19 .
City Engineer
EXAMINEDANDAPPROVED by the Moses Lake Planning Commission this day of
,19 .
Planning Commission Chairman
EXAMINEDAND APPROVEDby the Moses Lake City Council this day of
,19 .
City Manager
ATTEST:
City Clerk
This is to certify that all taxes of
which includes up to and including 19,taxes have been paid.
Treasurer
Filed for record at the request of the City of Moses Lake this day of
,19 ,at o'clock M.,and recorded in Volume
of Plats,on Page ,records of Grant County,Washington.
Grant County Auditor
Deputy County Auditor
3.20.30.44 REVIEW OF FINAL PLA2
A.The final plat must be submitted to the Administrator a minimum
of twenty (20)days prior to the next regularly scheduled City
Council meeting.
E.The Administrator shall review the final plat for conformance to
the standards established by chapter 3.20 of the Moses Lake City
Code.He then shall refer the final plat to the City Engineer
for review,The City Engineer shall report on the following.
1.That the proposed final plat bear the required certificates
and statements of approval.
2.That a title insurance report furnished by the subdivider
confirms the title of the land and the proposed subdivision
is vested in the name of the owner(s)whose signature(s)
appear on the plat certificate.
Ordinance No.782
Fage 13
3.That the facilities and improvements required to be providedbythesubdividerhavebeencompletedoralternatively,thatthesubdividerhassubmittedwiththeproposedfinalplataperformancebondinconformancewith3.20.30.36,subsectionC.
4.That the plat is technically correct and accurate as certifiedIbytheregisteredlandsurveyorresponsiblefortheplat.
C.The City Engineer shall complete his review of the final platwithinfifteen(15)days after receipt of the plat from theAdministrator.
3.20.30.48 FINAL PLAT SUBMISSION TO COUNCIL
Following receipt of a favorable report from the City Engineer,theAdministratorshallcertifythattheproposedfinalplatmeetstherequirementsofchapter3.20 of the Moses Lake city Code,and shallforwardtheproposedfinalplattotheCityCouncil
3.20.30.52 FINAL PLATS:COUNCIL DETERMINATION-APPROVALOR DISAPPROVAL
A.The Administrator shall make a recommendation to the Council foreitherapprovalordisapprovaloftheplatassubmittedbythesubdivider.
B.Council shall thereupon approve or disapprove the proposed finalplat.If the Council finds that the proposed plat makes appropriateprovisionsforthepublichealth,safety,general welfare,andforsuchopenspaces,drainage ways,streets,alleys,other publicways,water supplies,sanitary sewers,parks,playgrounds,sitesiforschoolsandschoolgrounds,and that the public use and interestwillbeservedbytheplattingofsuchsubdivision,then it shallbeapproved.
C.If the Council finds that the proposed plat does not make suchappropriateprovisionsorthatthepublicuseandinterestwillnotbeserved,then the Council may disapprove the proposed plat.
3.20.30.56 FINAL PLAT FEES
After the City Council has approved the final plat,the subdivider
shall remit the following fees prior to the plat being officiallysignedandrecordedwiththeGrantCountyAuditor.
A.A check payable to the Grant County Auditor sufficient to covertherecordingfee.
B.Parks and Public Lands Fee of .0025 per square foot of platincludingalldedicationsunlessthePlanningCommissionagreestoacceptdonationsoflandforpublicuseinlieuthereof.
3.20.30.60 FILING THE FINAL FLAT
After all required fees have been received the final plat shall beisignedbythefollowingofficials:City Engineer,City Manager,and City Clerk.The Administrator shall transmit the original plattotheCountyAuditorforfinalfiling.
3.20.40 GENERALPRINCIPLES OF DESIGN FOR THE LAYOUT OF SUBDIVISIONS
3.20.40.04 PROVISIONS OF THE COMPREHENSIVEPLAN
A.Land which the Planning Commission may find to be unsuitableforsubdivisionduetoflooding,bad drainage,excessive slopes,rock formations,high ground water,or other features likelytobeharmfultothesafetyandgeneralhealthofthefuture re-sidents,and which the Planning Commission considers inappropriateforsubdivision,shall not be subdivided,unless adequate correctivemethodsapprovedbytheCityEngineerareprovided.
Ordinance No.782
Page 14
B.The proposed subdivision shall include such requirements as are
required by the City of Moses Lake's Street and Utility Stand-
ards,Ordinances,Resolutions and Comprehensive Plans.
3.20.40.08 STREET ANDBLOCKLAYOUT
A.Street layout shall conform to the most advantageous development
of subdivision,adjoining areas,and the entire neighborhood,and
shall provide for the following.
1.Continuity of appropriate streets and arterials.
2.Streets to boundaries of tract.
3.Streets generally following contour lines.
4.Streets intersecting at right angles or as nearly as possible
and T intersection design shall be utilized in so far as
practical.
5.All streets dedicated shall be full width except along the
boundary lines of the plat.Half width streets may be
accepted where the Planning Commission approves the develop-
ment of the street location on boundaries of the subdivision.
6.Elieys sha11 he aëfgimum of twenty feet (20')wide.Alleys
may be required in residential areas and to service all
properties abutting arterials.Alleys may be required in
all commercial and industrial areas.
7.Utility easements will be permitted in lieu of alleys for
property not adjacent to arterials in residential areas.
Fire hydrants and water mains must be located on right-of-
way in these areas.Sever mains,located in easements
(such as an alley)which cross a street between easements,
shall provide a manhole or cleanout at each right-of-way
crossing.The termination or and of the sewer main shall
be located in the right-of-way and a manhole shall be pro-
vided at the terminus point.An access easement ten feet
(10')wide shall be located from right-of-way to utility
easement at each manhole location within the block.The
width of utility easements shall be determined by the City
Engineer.
B.Where possible,blocks shall have sufficient width to provide for
two (2)tiers of lots,each of which shall have a minimum depth
of one hundred useable feet (100').
1.The length of blocks shall not exceed one thousand three
hundred and twenty feet (1,320')where the average size of
lots does not exceed two (2)acres in area.
2.Paved crosswalks or pedestrian ways may be required,when
essential to provide circulation or access to schools between
right-of-ways,playground,shopping centers,etc.,the right-
of-way of which shall be at least ten (10')feet in width.
3.The number of intersecting streets with major arterials of
all classes shall be held to a minimum.
Ordinance No.782
Page 15
3.20.40.12 STREET RIGHT-OF-WAY REQUIREMENTS
A.The minimum requirements for right-of-way,curb to curb pavementwidths,curve radii,curve tangent lengths,sidewalk widths,sight distance and maximum grades of all right-of-ways improve-ments shall be determined by the following table,unless other-wise approved by the City Engineer:
Ji //III
ff g ggsf
I.Community Arterials
a.Freeways and Boulevards 100 48 300 200 8 500 6b.Major Arterials 80 48 300 200 8 500 6iII.Neighborhood Arterials
a.Parkways,Parkdrives,
and Boulevards 80 48 200 150 5 400 8b.Minor Arterials 60 40 200 150 5 400 8III.Residential Streets
a.Local Streets 60 36 100 100 5 300 10b.Streets limited to 500'
or less in length 60 36 100 100 5 300 10c.Cul de Sac 80 60 ------5 250 6
B.Dead-end streets may be permitted where the proposed dead-endstreetwillnotadverselyaffectthetrafficflowandcirculationwithinthearea.Dead-end streets shall terminate in a circular
turn around at least eighty feet (80')in diameter.
C,Alleys or easements for utilities may be required along rearorsidelotlinesandshallhaveatotalwidthoftwentyfeet(20')as required.
D.At street intersections property line corners shall be rounded by
an are,the radius of which shall be ten feet (10')minimum.
E.Street pavement center-lines shall coincide with the right-of-waycenterlineswherepractical.I 3.20.40.16 Ljg i
A.Every lot shall abut on a dedicated public street except as providedforinresidentialunitdevelopment.
B.Lots shall be a minimum of one hundred useable feet (100')in depth.
C.Lots shall be a minimum of sixty-five feet (65')in width at thefrontbuildinglinesinresidentialareas.Lots in other zonesshallhaveaminimenoffiftyfeet(50')of useable width.
Ordinance No.782
Page 16
D.The ratio of the depth of any lot to its width shall not be
greater than three (3)to one (1).
E.Residential lots shall have a minimum area of seven thousand
square feet (7,000')unless otherwise specified.
F.Corner lots shall be a minimum of seventy feet (70')in width,
and ten per cent (10%)greater area than minimum required.
G.Residential lots fronting on community arterials shall be at
least one hundred and twenty feet (120')in depth.
H.Side lot lines shall be within twenty per cent (20%)of perpendic-
ular to the front property line with which it intersects.
I.Side and rear lot lines shall be straight,or composed of
straight line elements.
J.Lots shall be subdivided in conformity to requirements of the
Zone Ordinance in effect at time of subdividing.
3,20.50 PROCEDUREFOR INSTALLING IMFROVEMENTS
The city Engineer shall make available Street and Utility Standards
and American Publie Works Association (A.P.H.A.)Standards to the
subdivider or his representatives.Also comprehensive plans for the
orderly development of the City's utilities and streets will be
available to guide in preparation of preliminary plats and specifi-
cations.The Engineer may require a soil test to insure adequate base
designs for streets,retaining walls,utilities and structures within
the subdivision.
3.20.50.04 MINIMUMIMPROVEMENTSSHALL INCLUDE THE FOLLOWING:
A.All streets and alleys shall have all trees and brush removed
from the right-of-way.
B.All streets and alleys shall be grubbed by the removal of all
large rocks,roots,snags,logs,brush,etc.,upon the surface
of the ground and refilling all excavations and holes left by
said removal within the confines of said street.
3.20.50.08 WATERMAINS
A.The subdivider shall install water mains as shown on drawings
after approval by the City Engineer.The City of Moses
Lake shall make connection between the existing water main
and the newly installed water main.The subdivider or his
contractor shall reimburse-the City for all expenses in
testing mains and making connections.
B.Should the subdivider be required to install water mains
larger than eight inches (8")in diameter to implement the
development of the comprehensive plan for trunk mains to serve
areas other than the subdivision,the City will negotiate the
installation of the required water main and reimburse the subdivi-
der for the additional cost for the larger water main.If bids
are required,a percentage of cost will be determined prior to
bid award.
C.Fire hydrants shall be located at five hundred foot (500')to
six hundred foot (600')intervals along residential streets.
Fire hydrant locations in other areas shall not exceed three
hundred foot (300')intervals along streets.
Ordinance No.782
Page 17
D.When a subdivider is required to install a water main through
or adjacent to property other than his proposed subdivision,he shall not be required to install fire hydrants other thanthoserequiredwithinhisproposedsubdivision.However,heshallberequiredtoinstallT's in the required water mainatappropriateintervalstofacilitatethefutureinstallation
i of fire hydrants when the property adjoining this portion of
the water main is subdivided or developed,
3.20.50.12 SEWER MAINS
A.Sewer mains shall be installed by the subdivider or his contractor
as shown on drawings as approved by the City Engineer.Severmains,manholes,lampholes,and lift stations and force mains whenrequiredshallbeinstalledinallsubdivisionspriortoanywaterservicebeingconnectedtoanyimprovements.
B.Should the subdivider be required to install sewer mains largerthaneightinches(8")in diameter or lift stations and force
mains larger than his subdivision requirements to implement thedevelopmentoftheComprehensivePlan,the City will negotiatetheinstallationoftherequiredsewerfacilitiesandreimburse
the subdivider for the additional cost for the larger facilities.If bids are required a percentage of cost will be determinedpriortobidaward.
3.20.50.16 DRAINAGE
A.All drainage in and through the subdivision shall be the respon-sibility of the subdivider.
I B.The subdivider may divert or enclose the natural drainage in hissubdivisionafterprovidingadrainagesystemapprovedbytheCityEngineer.The subdivider shall bear all costs associated withdivertingorenclosingnaturaldrainage.
C.All drainage in right-of-way must be in underground pipes andculvertsexceptwherepermittedingutters.
D.Drainage design and construction shall be similar to severrequirements.
E.Should the subdivider be required to install street drainagefacilitieswhichareoverandabovethesubdivisionrequirements
to implement the development of the Comprehensive Plan,theCitywillnegotiatetheinstallationoftherequireddrainagefacilitiesandreimbursethesubdividerfortheadditionalcostforthelargerfacilities.If bids are required,a percentageofcostwillbedeterminedpriortobidaward.
3.20.50.20 STREETS
A.Excavation of all streets shall be to full width of the right-of-way to subgrade.Retaining walls may be required in areasexceedingthreefeet(3')in cut or fill,
i B.Street area shall be graveled with crushed aggregate as shown
on approved plans.
C.Curbs shall be installed in accordance with Street and UtilityStandards.
D.Streets shall be paved with an approved asphalt mix or a PortlandcementconcreteasapprovedbytheCityEngineer.
Ordinance No.782
Page 18
3.20.50.24 ALLEYS
A.Alleys adjacent to properties zoned for uses other than
residential shall be paved in conformance with the Street
and Utility Standards.
B.Alleys,when required in residential areas,shall be graded
and graveled in conformance with the Street and Utility
Standards.
3.20.50.28 SIDEWALKS
A.Sidewalks shall be required in all zones and shall be constructed
as shown in the Street and Utility Standards.Sidewalks may be
located next to the curb.Sidewalks shall be constructed so as
to avoid physical obstructions such as poles and fire hydrants.
Sidewalks shall be constructed so as to avoid placement over
water,gas,sewer,or other utility lines.
B.Sidewalk widths in the Central Commercial Zone shall be full
dimension,meaning that all area between the back of the curb and
the abutting property line shall be constructed in conformance
with the Street and Utility Standards describing sidewalk construc-
tion.
C.All sidewalk requirements shall be completed prior to an occupancy
permit being granted for any new building.
3.20.50.32 MONUMENTS
Monuments shall be placed at all street intersections,boundary angle
points of curves in streets,and at such intermediate points as re-
quired by the City Engineer.The monuments shall be of concrete filled
pipe or tile,weighing at least fifty (50)pounds,capped with standard
markers.Street monuments shall be set between six inches (6")and
one foot (1')below official furnished street grades and in paved
streets shall be enclosed in a standard monument case.If a monument
is placed in an open field or unpaved street,the land surveyor shall
place an iron pin in the center of the concrete or tile pipe.
3.20.50.36 BLOCKCONFORMITT
A.All paved streets,cutbs,and sidwalks shall be improved the
full width of the dedication continuing from intersection to
intersection.On streets where dedication does not continue
from intersection to intersection or where only a half width
street is being dedicated,the improvements shall be continuous
from intersection to subdivision boundary.On streets where
a proposed subdivision adjoins an.existing subdivision or
existing street dedication in mid-block or an existing half
width street dedication and the existing subdivision or existing
street dedication is unpaved,the subdivider shall be responsi-
ble for paving that portion of the street within the existing
subdivision or street dedication to the next intersection.The
subdivider shall not be responsible for paving that portion of
the street within his proposed subdivision which adjoins the
existing street dedication when adjoining property owners refuse
to participate in the paying of the existing street dedication.
B.If the subdivider desires to complete all improvements on a
proposed street dedication in accordance with the Street and
Utility Standards and adjoining property owners refuse to
participate in the cost of any improvements adjacent to their
property,the subdivider may bear all costs on his own or he
may request an L.I.D.be formed so that Section 3.20.50.36
paragraph A can be complied with.
Ordinance No.782
Page 19
3.20.50.40 ARTERIALS
Should the subdivider be required to construct or reconstruct a com-munity arterial within a proposed subdivision and if that communityarterialisdesignedtoserveareasoftheCityotherthanjusttheproposedsubdivision,the City Engineer shall negotiate the percentageofconstructioncoststobesharedbytheSubdividerandbytheCityIofMosesLake.The Council must approve said percentage of participa-tion prior to bonding or bid award for community arterial construction.
3.20.50.44 NEWUTILITIES
Where telephone,electric and cablevision utilities are not existinginaproposedsubdivisionandadditionalutilityconstructionisrequired,all new utility construction shall be underground improve-
ments.
3.20.50.48 BICYCLE PATHS
The subdivider shall be required to provide bicycle paths for suitableandsafebicycletrafficwheretheCity's Comprehensive Plan requiresbicyclepathsorlaneswithintheboundariesofsaidsubdivision.
3.20.50.52 SPECIEL
A.The subdivider's land surveyor or engineer shall submit all speci-fications or contract documents to be used in construction of allimprovementswithineasementandright-of-way of proposed plat.A maintenance bond as required by the City of Moses Lake and
approved by the City Attorney shall be included with contractdocuments.
I B.The City Engineer shall approve all street design,alignment,vertical curves,horizontal curves,water design,sewer disposalmethods,storm drains,and traffic control required.
3.20.60 PROCEDURESFOR REIMBURSEMENTOF SUBDIVIDER INSTALLED UTILITIES
The Final Subdivision Plat requirements of the City of Moses Lake
provide that water mains,sewer mains and storm drains must be in-stalled at the expense of the subdividers.In connection with theinstallationofwatermains,sewer mains,and storm drains,sub-dividers are required to extend existing utilities to the propertybeingsubdivided.Extensions of water mains,sawer mains,and stormdrainsmayberequiredtobeextendedthrough,or adjacent to,real
estate owned by third parties.
3.20.60.04 GENERAL
The following establishes the reimbursement procedure for connectionstowatermains,sever mains,and storm drains which have been paidforbyothersubdividers.
3.20.60.08 SUBDIVIDER'S REQUIREMENTS
I Where the subdivider is required to install utilities through oradjacenttopropertyundevelopedornotsubdividedandownedbyothers,a written statement requesting future reimbursement forimprovementsandacertifiedcopyofcostsshallbefiledwith theCityEngineer.The City Engineer will then define the total areasubjecttoreimbursementfeesandwillestablishafrontfootorsquarefootcosttobepaidthesubdividerpriortoanyfuturebuilding,subdividing or other improvements on property abuttingthesubdividerinstalledutilities.
Ordinance No.782
Page 20
3.20.60.12 SUBDIVIDED AND UNDEVELOPEDAREAS
A.Sewer side lateral connections and water service connections
shall be denied a subdivider,builder,or owner to existing
water mains,sewer mains,or storm drain extensions when those
extensions are through or adjacent to subdivided or undeveloped
areas until the subdivider,builder,or owner files with the
City Engineet a written acknowledgment from the original
installer or his successor in interest,stating that satisfactory
arrangements have been made for reimbursement of that portion
of the water main,sewer main,or storm drain extension which
extends through,or is adjacent to,the property to be served
and for which request is made for hook up and connection.
B.A plat shall not be considered for final approval until satisfactory
reimbursement has been acknowledged by the original installer
for existing water mains,sewer mains,and storm drain extensions
required as a part of an existing subdivision or development.
3.20.60.16 REIMBURSEMENT TIME LIMIT
The City will limit all water service connections and sewer side
lateral connections to subdivider installed lines for a period
of fifteen (15)years from date of acceptance.Should the City
Clerk be unable to locate by registered or certified mail prior
to said fifteen (15)year limitation then all connections to
subdivider lines shall be released.
3.20.70 VARIANCES
There is hereby established a procedure for granting a variance of
the regulations herein contained.
A.Any subdivider can make application to the Planning Commission
for a variance of any provision herein contained provided the
request is received concurrently with the proposed subdivision
or dedication.Such application shall include any and all details
necessary to support the application.All variance requests must
be forwarded to the City Council with the preliminary plat and
the Planning Commission's recommendation.
B.The Planning Commission shall not grant a variance of the sub-
division regulations unless it shall find that the following
condition exists in each case of a request:
Where,because of the size of the tract to be subdivided,
its topography,the condition or nature of adjoining areas,
or the existing of unusual physical conditions,the strict
compliance with the provisions of this chapter would cause
an unusual and unnecessary hardship on the subdivider,the
Planning Commission may vary the requiranents set forth
herein.
In granting variances,the Planning Commission may require such
conditions as will secure,in so far as practicable,the objectives
of the requirement varied.Any variance authorized shall be
entered in the minutes of the Planning Commission together with
the circumstances that justify the variance granted.
C.If a short plat has not been approved as final within six (6)
months after the variance is granted,that variance shall become
null and void.
If a major plat has not been approved as final within six (6)
months after tha variance is granted,that variance shall become
null and void.
Ordinance No.782Page21
3.20.80 VIOLATIONS -PENALTIES
Any person,firm,corporation,or association or any agent of anyperson,firm,corporation,or association who violates any provisionofthischapteroranylocalregulationsadopedpursuanttheretorelatingtothesale,offer for sale,lease,or transfer of any lot,
tract or parcel of land,shall be guilty of a gross misdemeanor andieachsale,offer for sale,lease or transfer of each separate lot,
tract,or parcel of land in violation of any provision of this chapter
or any local regulation adopted pursuant thereto,shall be deemed
a separate and distinct offense.
3.20.90 SEVERABILITY
Should any section,subsection,paragraph,sentence,clause,orphraseofthischapterbedeclaredunconstitutionalorinvalidforanyreason,such decision shall not affect the validity of
the remaining portion of this chapter.
3.20.100 FAILURE OF PLANNING COMMISSION TO ACT
If in any instance the Planning Commission fails to act or carry
out its responsibilities according to the regulations containedherein,the City Council of the City of Moses Lake shall assumeallthedutiesofthePlanningCommissionashereinspecifiedrelatingtotheapplicationconcerned.
3.20.110 CONFLICT
All Ordinances or parts of ordinances in conflict herewith are
3.20.120
EFeFEe repea1Eed.
This Ordinance shall be in effect from and after its passage,approval,and publication as provided by law.
PASSED by the City Council of the City of Moses Lake and APPROVED by its Mayor
this 19th day of October,1976.
Donald E.Swanson,M a yor
ATTEST:
Jean C.//Burton,Acting City Clerk
APPR
Patrick R.Acres,Ci Ettorney