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2478•ORDINANCE NO. 2478 AN ORDINANCE AMENDING CHAPTER 17.13 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "SHORT SUBDIVISIONS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 17.13 of the Moses Lake Municipal Code entitled "Short Subdivisions" is amended as follows: 17.13.030 Preliminary Plat Conditions and Requirements: A. General Conditions and Requirements: 1.The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, extension of municipal utilities (sewer and water), drainage ways, irrigation water right-of-ways, other public ways or any municipal improvements as deemed necessary in conformance with city Community Street and Utility Standards and city Design Standards in effect at the time of plat approval. 2.The subdivision shall front on a existing street. There shall be adequate access to all parcels. Streets shall be improved to city standards. Street lighting shall be provided. 3.The subdivision shall comply with all zoning and health regulations. 4.The subdivision shall be consistent with the city's Comprehensive Plan. 5.Environmental information shall be prepared and submitted in accordance with the guidelines established under the State Environmental Policy Act of 1971, as amended. Said information is a part of and must accompany the preliminary plat application. 6.The subdivision shall provide for irrigation water right-of-ways pursuant to RCW 58.17.310 as now enacted or hereafter amended. 7.A street lighting plan as may be required by the City Engineer must be provided. The plan must be approved by the Grant County PUD and include certification that all street lighting fees have been paid or that arrangements acceptable to the city and the PUD have been made for the payment of required fees. 8.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 resubdivision complies with all provisions relating to major subdivisions in effect at the time the further subdivision is commenced. 9.Unless an applicant for a preliminary plat approval requests otherwise, and the Plat Administrator agrees, a preliminary plat shall be processed simultaneously with the application for rezones, waivers, deferrals, and deviations, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing. 10.Every decision or recommendation made under this chapter by the City Council or Planning Commission shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation. •11. Preliminary plats of any proposed short subdivision shall be approved, disapproved, or returned to the applicant for modification within the time limitations established by RCW 58.17.140. ORDINANCE NO. 2478 PAGE 2 June 23, 2009 12.In the event that the short subdivision does not border upon adjacent property to which municipal utilities have been extended or upon adjacent property fronting upon improved streets, the property owner may request a waiver, deferral, or deviation to the short subdivision provisions for municipal improvements as deemed necessary. In lieu of the completion of the extension of municipal utilities (sewer and water) and the completion of street improvements, a covenant to the land title may be created. Said covenant shall pledge the property owner to install municipal improvements as deemed necessary at such time as the adjacent property is improved by the installation of municipal utilities and/or at such time as the improvement of streets upon which the adjacent property is fronting occurs as any such event is deemed to occur in the sole discretion of the Plat Administrator. Said covenant shall also pledge the property owner to participate in any future local improvement districts for such improvements. 13.At the discretion of the Plat Administrator, the requirement that a preliminary short plat be submitted may be waived. Subject to the approval of the Plat Administrator, a short plat without improvements may be submitted as a final plat for review and approval. 14.A plat certificate from a title company licensed to do business in the State of Washington dated within thirty (30) days of the date of filing of the final plat and application with the Plat Administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication. B. Specific Conditions and Requirements: 1.Prior to submission of a short subdivision preliminary application and preliminary plat, the subdivider or the subdivider's representative shall schedule a pre-application conference with the Plat Administrator and representatives of other affected city departments. The subdivider shall present a conceptual idea of the plat. The Plat Administrator and representatives of affected city departments will respond informally and address potential items of concern to aid the subdivider in preparing the short subdivision preliminary application and preliminary plat. 2.The preliminary short subdivision application and plat shall be filed with the Plat Administrator on forms prescribed by the Community Development Department. The application shall be accompanied by twelve (12) copies of the preliminary plat. At the discretion of the Plat Administrator, the requirement that twelve (12) copies of the preliminary plat be submitted may be waived. Processing of the preliminary plat may require fewer than twelve (12) copies of the plat. 3.The preliminary plat shall be a neat and accurate drawing, stamped and signed by a registered professional land surveyor licensed by the State of Washington on reproducible material at a decimal scale. The plat map shall measure eighteen inches (18") by twenty- four inches (24"). The preliminary plat shall be drawn in black permanent ink on two (2) or more sheets if the scale necessary to accommodate the map on one (1) sheet would unduly congest the drawing. 4.A non-refundable fee of three hundred dollars ($300) shall accompany each and every application for a preliminary short subdivision. 5.The preliminary plat shall contain the following: 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, utilities and right- of-ways and/or easements on and adjacent to the proposed subdivision. • • • ORDINANCE NO. 2478 PAGE 3 June 23, 2009 d.Location and dimensions of all existing and proposed irrigation water right-of-ways on and adjacent to the proposed subdivision. e.Legal description of land within the proposed subdivision. f.Any proposed land dedications. 9 . Name, address, and seal of the registered land surveyor who made the preliminary survey. h.The date of the preliminary survey. i.Horizontal scale of the proposed plat shall be not more than one hundred feet (100') to the inch. Except that the City Engineer, subject to a request prior to plat submittal, may approve an alternative plat map scale not to exceed one hundred feet (100') to the inch. j.Monuments found and established during the preliminary survey. k.Date map is prepared, scale, and north point of the map. Approximate proposed lot lines with their dimensions, including lot numbers and block numbers. I. If any of the parcels can be further divided or if only a portion of a tract is being divided, location of future streets, alleys, and lot lines shall be shown by dotted lines. m.A vicinity map at a scale of not more than four hundred feet (400') to the inch. Except that the City Engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet (400') to the inch. The vicinity map 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. n.Provide recommended street names for approval. o.United States Bureau of Reclamation horizontal and vertical data 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, gas, street lighting, curbs and sidewalks, telephone, and cablevision lines. Minimum size and scale shall be the same as the preliminary plat map. 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 as required by the City Engineer. 4)Present zoning classification on and adjacent to property. 5)Any proposed dedications for park land subject to the approval of the Planning Commission. 6)Any deed restrictions or covenants existing or proposed shall be drawn on the site plan and preliminary plat map. ORDINANCE NO. 2478 PAGE 4 June 23, 2009 17.13.040 Referral to Other Departments, Agencies, and Offices: A. Upon receipt of a complete and satisfactory preliminary plat application, the Plat Administrator shall distribute copies of the preliminary plat to each of the following offices, departments, or agencies within two (2) working days from receipt: 1.Public Utility District 2.Gas Company 3.Telephone Company 4.Engineering Division of the Municipal Services Department (three copies) 5.Fire Department 6.Building Division of the Community Development Department 7.Grant County Health District 8.Any irrigation district with jurisdiction 9.Grant County Assessor 10.Communications Company B. The Plat Administrator shall further notify the Police Department, Park and Recreation Department, and City Manager that a preliminary plat has been received. C. Notice of the filing of a preliminary plat of a proposed subdivision located in the city and adjoining the municipal boundaries thereof shall be given to the Grant County Planning Department. D. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right- of-way of a state highway shall be given to the Washington State Department of Transportation. E. Each office, department, or agency shall file written recommendations with the Plat Administrator within eight (8) calendar days from the date of filing of the preliminary plat and application with the Plat Administrator. If any such office, department, or agency fails to file a written recommendation within the time limitation, it may be presumed that such office, department, or agency has no recommendation. F. If the preliminary plat is found to be unacceptable, a letter shall be mailed to the subdivider within ten (10) calendar days of receipt of the application. G. The Plat Administrator may determine that a meeting shall be held to resolve major issues identified as a result of the recommendations of other offices, departments, or agencies. Such meeting shall be attended by those offices, departments, or agencies responsible for the recommendations and must include the applicant and the Plat Administrator. The proceedings and results of the meeting shall be documented by minutes. 17.13.060 Dedications: In the event that the short plat includes a dedication of streets, right-of-ways, parks, playgrounds, easements, reservations, irrigation water right-of-ways, or any area to be dedicated to public use, the Plat Administrator shall forward the instrument of dedication together with any restrictions or limitations thereon to the City Council for approval. The City Council shall approve the instrument of dedication prior to any short plat approval by the Plat Administrator. Submission of an instrument of dedication shall constitute approval in writing by the applicant for a sixty (60) • ORDINANCE NO. 2478 PAGE 5 June 23, 2009 day extension of the short subdivision preliminary plat approval period as set out in Section 17.13.030 (A 9) of this chapter. All dedications shall be recorded as part of the plat. 17.13.070 Preliminary Short Subdivision Application Review Procedures: A. Upon receipt of the short plat application, the Plat Administrator shall within the time limitations established by RCW 58.17.140, respond to the applicant in one of the following manners: 1.Preliminary approval is granted as submitted. 2.Preliminary approval is granted with modifications requested. 3.The proposed subdivision is denied and reasons stated. 4.Preliminary approval is withheld until Planning Commission and/or City Council approval of dedications, and waiver, deferral, or deviation requests. B. The short subdivision preliminary application shall require approval of the Plat Administrator and the City Engineer indicated by their dated signatures thereon to be valid. C. The decision of the Plat Administrator shall be final, unless an appeal by any aggrieved party is made to the Planning Commission within ten (10) calendar days of the date of decision of the Plat Administrator. Said appeal shall be in writing to the Planning Commission and submitted through the Community Development Department. The Community Development Department shall record and date the receipt of that appeal. The Planning Commission shall act on that appeal within forty (40) days unless an extension is agreed to in writing by the applicant. The decision of the Planning Commission shall be final and conclusive unless, within ten (10) days, any aggrieved party files with the Finance Director a written appeal. The City Council shall hear that appeal within twenty (20) calendar days of the date of appeal. D. Approval of the preliminary plat shall constitute approval for the applicant/subdivider to develop construction plans and specifications for all facilities and improvements and to prepare the final plat. 17.13.100 Improvements: A.Following approval of the preliminary plat by the Plat Administrator, the applicant shall file with the Plat Administrator, three (3) complete sets of preliminary construction plans and specifications prepared by a professional engineer licensed by the State of Washington showing all street and utility improvements as required by the Plat Administrator in granting approval of the preliminary plat. The construction plans and specifications shall be accompanied by a minimum plan check fee as per the rate schedule established by the City Engineer. All construction plans and specifications shall be in conformance with city Design Standards and the Community Street and Utility Standards. Sheet size shall be twenty-four inches (24") x thirty-six inches (36") and shall have a border of one inch (1") on the left margin and one half inch (/2") on the remaining three (3) margins. The scale shall be five feet (5') vertically unless grades exceed ten percent (10%) and forty feet (40') horizontally. B.All approvals of project permits applications shall be processed as provided in RCW Chapter 36.70B, as now enacted or hereafter amended. The subdivider shall submit one (1) set of permanent reproducible mylar and three (3) sets of specifications which have been approved for the City Engineer's signature, records, and use. C. After the City Engineer has approved the construction plans and specifications, the subdivider shall complete and install all street and utility improvements required by the Plat Administrator in granting preliminary plat approval prior to filing of the final plat. A two (2) year maintenance bond shall be required in the amount of fifty percent (50%) of the • ORDINANCE NO. 2478 PAGE 6 June 23, 2009 construction cost. D. The Engineering Division of the Municipal Services Department or a licensed professional engineer or engineering firm hired by the city shall be responsible for the inspection of all subdivision improvements to insure conformance with the approved plans and specifications. The subdivider shall deposit an inspection fee in the amount of two and a half percent (2 1/2%) of the estimated construction cost. The inspection fee shall be based on the actual cost of labor, materials, and equipment plus fifteen percent (15%) for overhead. If the final cost is less than the amount deposited, the difference will be refunded. E. In lieu of completing and installing all required street and utility improvements prior to filing of the final plat with the Plat Administrator, the subdivider may post a subdivision bond or other approved security in a form satisfactory to the City Attorney. The subdivision bond or approved security shall be in an amount equal to one hundred fifty percent (150%) of the estimated cost as determined by the Municipal Services Director, of such improvements required by the Plat Administrator in granting approval of the preliminary plat. In the event that all street and utility improvements are not completed within the time limit specified in the subdivision bond or approved security, the bond or security may be forfeited and the city may undertake the installation and completion of all required street and utility improvements. 1.All street and utility improvements listed in the subdivision bond must be installed, completed, and accepted by the city within two (2) years of approval of the final plat by the Plat Administrator. 2.The Plat Administrator may grant one (1) extension of the subdivision bond for a period not to exceed one (1) year provided that said request for an extension is filed with the Plat Administrator at least sixty (60) calendar days prior to the expiration date of the bond. 3.In the event that a time extension is granted, a new subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred and fifty percent (150%) of the cost of completing utility extensions and street improvements. The bond will be updated with new estimates of cost on all uncompleted improvements and all increased cost estimates shall be passed onto the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond and the plat will be held in abeyance. Departments issuing recommendations for new subdivision bonds or other approved security shall not modify the terms and requirements of the bond or security other than to pass on all increased cost estimates as determined by the Municipal Services Director to the bond or security to cover the cost of completing utility extensions and street improvements without the written consent of the applicant. F. A certificate of occupancy for permitted construction shall not be issued prior to complying with the following requirements: 1.Street and utility improvements have been constructed to Community Standards and accepted by the City Council. 2.The final short plat has been recorded with the Grant County Auditor. 3.Upon final inspection that the building or structure complies with the provisions of the International Building Code. 17.13.110 Final Short Subdivision Plat Application: A. General Requirements: • 1. The final short subdivision application and plat will be filed with the Plat Administrator on forms provided by the Community Development Department. • ORDINANCE NO. 2478 PAGE 7 June 23, 2009 2. All required street and utility improvements must be constructed by the applicant and must be accepted by the City of Moses Lake or a subdivision bond or other approved security shall be submitted in an amount sufficient to cover one hundred and fifty percent (150%) of the estimated cost of completing all required utility extensions and street improvements as determined by the Municipal Services Director. Upon completion of the required public improvements and prior to acceptance by the City Council, the subdivider/developer must submit a maintenance bond or alternative security approved by the City Attorney in an amount determined by the City Engineer and approved by the Municipal Services Director. The maintenance bond amount shall be fifty percent (50%) of the actual cost of construction. An alternative security shall be in an amount not less than ten percent (10%) nor more than one hundred percent (100%) of the actual cost of construction. The amount shall be determined on a case by case basis based upon the City Engineer's estimated cost of repair or maintenance should repair or maintenance be required. The subdivider/ developer shall submit documentation of the cost of construction to the City Engineer for his review and approval and use in determining the required bond or alternative security amount. Said bond shall be in effect for two (2) years from the date of acceptance. 3. The instrument of dedication of all streets, right-of-ways, parks, playgrounds, easements, reservations, irrigation water right-of-ways, and any area to be dedicated to public use, together with any restrictions or limitations thereon shall be submitted as a part of the final plat. 4. The application shall be accompanied by the following: a. A plat certificate from a title company licensed to do business in the State of Washington dated within thirty (30) days of the date of filing of the final plat and application with the Plat Administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication. d.A check payable to the city in the amount of two hundred dollars ($200) to cover the cost of checking the final short plat. e.All covenants proposed to run with the land. 5. The final short plat [twelve (12) sets of prints plus the original tracing and a reproducible mylar copy] shall include all items in Section 17.13.030 (B 4) and any additional information and modifications requested in the preliminary approval. At the discretion of the Plat Administrator, the requirement that twelve (12) copies of the final plat be submitted may be waived. Processing of the final plat may require fewer than twelve (12) copies. The final plat shall be prepared in a neat and legible manner in black permanent drawing ink on mylar drafting film. All documents, maps, and survey notes shall contain the name of the subdivision, the name(s) of the subdivider(s), the name of the registered land surveyor responsible to the subdivider(s). The trimmed size of the final plat shall be eighteen inches (18") by twenty-four inches (24") with a one and a half inch (1 1/2") margin on the top or left margin and a one half inch (1/ 2") border on the remaining three (3) margins. The final plat shall be recorded on two (2) or more sheets if the scale necessary to accommodate the map on one (1) sheet would unduly congest the drawing. 6. The final short subdivision plat shall be approved or disapproved within the time limitations established by RCW 58.17.140 from the date of filing of the final plat with the Plat Administrator. This time period shall be binding unless the applicant consents to an extension of time in writing. ORDINANCE NO. 2478 PAGE 8 June 23, 2009 7.No final short subdivision plat may be approved unless there is a written finding of fact that the proposed subdivision is in conformance with any applicable zoning ordinances, or other land use controls which may exist. 8.No final short subdivision plat shall be approved for any subdivision which lies in whole or in part in an irrigation district organized pursuant to Chapter RCW 87.03 unless there has been provided an irrigation water right-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended. B. Specific Requirements: 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 names 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 and to close with an allowable error not to exceed one foot (1') in five thousand feet (5,000') and not to exceed one foot (1') in ten thousand feet (10,000') in the Central Business District. j.The elevations of all permanent monuments based on a datum plain approved by the City Engineer. k.A vicinity sketch map of not more than four hundred feet (400') to the inch. Except that the City Engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding four hundred feet (400') to the inch. • I. Street names. m.Certification by registered land surveyor of accuracy of plat and survey. n.Statement by owner dedicating streets, right-of- ways, and any sites for public use. o.Location and dimensions of all irrigation water right-of-ways. • ORDINANCE NO. 2478 PAGE 9 June 23, 2009 p. Provide legal description of the plat boundaries. 2.All linear dimensions shall be given in feet and decimals of a foot to the nearest hundredth. 3.The scale of the final plat shall be not more than one hundred feet (100') to the inch. Except that the City Engineer, subject to a request prior to plat submittal, may approve an alternative plat map scale not to exceed 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 in their proper positions in relation to the new arrangement of the plat, the new plat being so clearly shown in solid lines as to avoid ambiguity. 5.The final plat shall be accompanied by improvement plans and specifications including utilities, streets, grades, and appurtenances as provided for in Section 17.13.100, Improvements. 6.The subdivider's land surveyor shall set all required monuments and shall stake all lot corners as shown on the final plat before the plat is submitted for final approval. 7.The final plat shall contain the legal description of the subdivision and the following dedication, acknowledgment, and endorsement statements shall appear in black permanent ink either by hand or mechanical device: Dedication The owner of the land described herein in fee simple is . The owner declares this plat and dedicates to the public forever, all streets, roads, alleys, easements or whatever public property there is shown thereon for any and all public purposes not inconsistent with the uses shown on this plat. Dated Signed Acknowledgment State of Washington County of Grant I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. Dated Signature of Notary Public My appointment expires Surveyor's Certification and Declaration I hereby certify that this plat is a true and correct representation of the lands actually surveyed. I hereby declare that the plat of is based on actual survey and subdivision of a portion of Section Township North, Range East, W.M., that the distances and courses and angles are shown thereon correctly to the best of my knowledge, information, and belief; and that proper monuments have been set and lot corners are staked on the ground. • day of of Plats, on Page ,20 , records ORDINANCE NO. 2478 PAGE 10 June 23, 2009 (Seal) • Licensed Land Surveyor EXAMINED AND APPROVED by the Moses Lake City Engineer on , 20 City Engineer EXAMINED AND APPROVED by the Community Development Director on , 20 Community Development Director EXAMINED AND APPROVED by the Moses Lake City Manager on , 20 City Manager This is to certify that all taxes and assessments which are now due and payable according to the records of Grant County have been fully paid. Filed for record at the request of the City of Moses Lake this at O'clock M., and recorded in Volume of Grant County, Washington. Treasurer Date Grant County Auditor Deputy County Auditor 8. Submit all lot, block, and boundary closures to the City Engineer with the final plat submittal. 17.13.120 Final Plat Review Procedure: A.Upon receipt of the final subdivision application and plat, the Plat Administrator shall, within two (2) working days of receipt, distribute copies to all offices, departments, and agencies receiving the preliminary plat. Each office, department, or agency shall file written recommendations with the Plat Administrator within fifteen (15) calendar days from the date of filing of the final plat with the Plat Administrator. If any such office, department, or agency fails to file a written recommendation within the time limitation, it may be presumed that such office, department, or agency has no recommendation. All offices, departments, and agencies issuing recommendations for final plat approval shall not modify the terms of preliminary plat recommendations without the written consent of the subdivider. B.Within fifteen (15) days of filing of the final plat the City Engineer shall review the final plat and submit to the Plat Administrator a written report with respect to the following conditions: • ORDINANCE NO. 2478 PAGE 11 June 23, 2009 1.That the proposed final plat bears the required certificates and statements of approval. 2.That a title report furnished by the subdivider confirms the title of the land and the proposed subdivision is vested in the name of the owner whose signature appears on the plat certificate. 3.That the facilities and improvements required to be provided by the subdivider have been completed or alternatively that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with Section 17.13.100 of this chapter. 4.That the plat is technically correct as certified by the land surveyor responsible for the plat. C.Within fifteen (15) days of filing of the final plat, the Grant County Health District or other agency furnishing sewage disposal and supplying water shall review the final plat and submit to the Plat Administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of sewage disposal and water supply. D.Within fifteen (15) days of filing of the final plat the appropriate irrigation district serving or from which the real property is entitled to be served with irrigation water shall review the final plat and submit to the Plat Administrator a written report recommending approval or disapproval of the final plat as to the adequacy of the proposed means of the delivery of irrigation district entitlement water and as to the adequacy of the proposed means of removal of irrigation waste water. E.Final Plat Approval: 1.The Plat Administrator shall approve or disapprove the final plat within the time limitations established by RCW 58.17.140, unless the subdivider consents to an extension of that time period in writing. 2.If the Plat Administrator finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, the requirements of RCW Chapter 58.17, other applicable state laws, and any other requirements, the Plat Administrator shall approve the final plat. 3.The decision of the Plat Administrator shall be final, unless an appeal by any aggrieved party is made to the Planning Commission within ten (10) days of the date of decision of the Plat Administrator. Said appeal shall be in writing to the Planning Commission and submitted through the Community Development Department. The Community Development Department shall date and record the receipt of said appeal. The Planning Commission shall act on that appeal within forty (40) calendar days unless an extension is agreed to in writing by the applicant. The decision of the Planning Commission shall be final and conclusive unless, within ten (10) days, any aggrieved party files with the Finance Director a written appeal. The City Council shall hear that appeal within twenty (20) days of the date of appeal. 4.A certificate of occupancy shall not be issued until the final short plat has been recorded with the Grant County Auditor. 17.13.130 Final Plat Fees: Upon approval of the final short plat by the Plat Administrator, the subdivider shall remit the following fees prior to the plat being officially signed and recorded with the County Auditor: A.A check payable to the Grant County Auditor sufficient to cover the recording fee. B.When applicable, voluntary payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed subdivision as allowed by and pursuant to RCW 82.02.020. Adopted by the City Council and signed by its M on June 23, Ronal C. Covey, • taker, City Attorney ORDINANCE NO. 2478 PAGE 12 June 23, 2009 17.13.140 Filing Final Plat: A. Upon receipt of all required final plat fees the plat shall be signed by the following officials: 1.City Engineer 2.City Manager 3.Community Development Director B. The Plat Administrator shall transmit the original mylar plat to the County Auditor for final filing. One reproducible copy shall be forwarded with the original to be confirmed and returned to the City Engineer for the City Engineer's record. 17.13.150 Vested Rights: A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval pursuant to RCW 58.17.150 (1) and (3) for a period of five (5) years after final plat approval unless the City Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five (5) years from the date of filing. Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. •