(a) Title. This chapter shall be known as the "Selah Subdivision Code."

(b) Purpose. The purpose of this chapter is to enact pursuant to the laws of the state of Washington, Chapter 58.17 RCW, and also in exercise of the police powers of the city of Selah. The purposes of this subdivision code include protection and preservation of the public health, safety and general welfare in accordance with standards established by Chapter 58.17 RCW; to prevent overcrowding land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and other public requirements; and to provide for proper ingress and egress. This subdivision code is also intended to provide for expeditious review and approval of proposed subdivisions which conform to city zoning standards, plans, development standards, and policies; to adequately provide for the housing and commercial needs of the citizens of the city; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. All provisions of this subdivision code shall be liberally construed for the accomplishment of that purpose.

(c) Scope. This chapter shall apply to all land within the municipal boundary of the city of Selah including any lot or block forming part of any subdivision created and recorded prior to the effective date of this chapter. Where this chapter or other standards adopted by reference impose greater restrictions or higher standards than other laws, ordinances or restrictive covenants, the provisions of this chapter shall prevail.

(d) Approval Required. It is unlawful for any person to divide land so as to constitute a subdivision or short subdivision, or to enter into any contract for the sale or lease of any lot in a preliminary subdivision within the city of Selah, except as provided by Chapter 58.17 RCW, and without first complying with the applicable provisions of this title.

(e) Administering Authority. The authority for the administration of this chapter shall be the city council. Administrative functions, powers and duties arising from this chapter are delegated by this chapter to the city administrator, hearing examiner, and planning department. The planning department may prepare and require the use of such forms and documents as are essential to the proper administration of this chapter.

Pursuant to Chapter 58.17 RCW, primary authority for subdivision and short subdivision of land in the city of Selah is vested in the city council as the legislative body. Pursuant to RCW 58.17.060, the Selah city council delegates responsibility for final determination of proposed short plats and boundary line adjustments to the city administrator, or designee. Pursuant to Chapter 58.17 RCW and Section 1.60.080, the hearing examiner is authorized to make a recommendation to the city council on preliminary plats and modifications to preliminary plats, and to make final decisions on requests for preliminary plat extension under RCW 58.17.140, plat amendment and plat vacation. The city council shall make final decisions on all preliminary plats and modifications to approved preliminary plats. Pursuant to RCW 58.17.100, the Selah city council delegates responsibility for final plat approval to the city administrator, or designee. (Ord. 2173, § 2 (Exh. A), 2022.)

"Administrator" means the city administrator or his/her designee.

"Alley" means a public right-of-way used primarily as a secondary means of access to residences and business establishments.

"Binding site plan" means a drawing at a scale of one inch equals one hundred feet which:

"Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

"City" means the city of Selah, Yakima County, Washington.

"Comprehensive plan" means the general plan of the city of Selah, together with amendments and supplements thereto which have been or may hereafter be adopted by the Selah city council.

"Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon, and the acceptance by the public shall be evidenced by the approval of a short plat by the administrator or by approval of a final plat by the Selah city council.

"Development agreement" means an agreement between the owner(s) of property and the city of Selah pursuant to RCW 36.70B.170 through 36.70B.210, or as such statutes may be supplemented or amended.

"Divide" means any action or transaction, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size, or legal description of any part of an owner's "land" as defined by this chapter. The sale of a condominium unit or rental or lease of a building, facility or structure that does not alter or affect the legal description of an owner's "land" shall not constitute a division.

"Double frontage lot" means a lot having frontage on two parallel or approximately parallel streets other than alleys.

"Easement" is a dedication by a property owner to specific persons or to the public to enter onto, cross, or otherwise to use land for a specific purpose or purposes.

"Final plat" means the final drawing of an approved subdivision and any associated dedication prepared for filing for record with the Yakima County auditor which conforms to the requirements of this title.

"Land" means a lot or parcel of real property.

"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

"Parcel" means a unit of land having defined boundaries and not shown on an officially recorded final plat or short plat.

"Person" means an individual, firm, partnership, corporation, company, association, syndicate or any other legal entity, including a trustee, receiver, assignee, or representative thereof.

"Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

"Prior division" means any of the following:

"Right-of-way" means land dedicated to public use and maintained for existing or future public access.

"Short plat" means the map or representation of a short subdivision that conforms to the requirements of this title.

"Short subdivision" means the division or redivision of land into nine or fewer lots for the purpose of sale, lease, or transfer of ownership in the present or future except as provided in Sections 10.50.013A and 10.50.013B.

"Subdivision" means the division or redivision of land into ten or more lots for the purpose of sale, lease, or transfer of ownership in the present or future except as expressly exempted by this title.

"Subdivision applicant" means any person, as defined in this chapter, who undertakes to create a subdivision or short subdivision pursuant to the requirements of this title.

"Survey monument" means a physical object marking a survey corner installed by a registered land surveyor of the state of Washington as a result of a land survey and in accordance with the standards established by RCW 58.17.240. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) Preliminary long plat and short plat engineering review fees shall be paid to the city prior to preliminary plat approval by the city.

(2) Final long plat and short plat review and inspection fees shall be paid to the city prior to recording the final long plat or short plat.

(3) Yakima County auditor recording fees and required official prints of the recorded document shall be paid by the individual requesting the recording of the final long plat or short plat. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease:

(b) Applications for qualified exemptions shall be submitted to the planning department on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether any specific action may be exempt.

(c) Exemption may be allowed by the administrator for only those actions which do not contravene the spirit and intent of this title and applicable state statutes. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) Cemeteries and other burial plots while used for that purpose.

(2) Division of land into parcels in which the smallest parcel created by the division is forty acres in area or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided, that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline.

(3) Division made by testamentary provisions, or the laws of descent.

(4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the property in accordance with the provisions of this title and a binding site plan for the use of the property has been filed for record with the Yakima County auditor.

(5) A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose:

(6) Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted to the planning department on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council.

(7) Division of land into lots or tracts classified for industrial or commercial use, or for placement of a mobile home or division for condominiums pursuant to Section 10.50.014 when the city has approved a binding site plan. When the binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the Yakima County auditor's office.

(8) A division for the purpose of leasing land for facilities providing personal wireless services. "Personal wireless services" means any federally licensed personal wireless service. Applicable facilities include those which are unstaffed and used for the transmission, reception, or both of wireless communication services including, but not limited to: antenna arrays, transmission cables, equipment shelters, and support structures providing personal wireless services while used for that purpose.

(9) A division of land into lots of three acres or less that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction or operation of consumer-owned or investor-owned unstaffed electric utility facilities. Such facilities include those that will be used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity, including, but not limited to, electric power substations. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) The proposed site plan, prepared by a licensed architect, engineer, or registered land surveyor, that is of a scale of at least one inch equals one hundred feet.

(2) All existing and proposed easements and public and/or private roads; all existing structures; elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent; approximate location of all natural features.

(3) The location, description, and proposed phasing of all facilities proposed to serve the development:

(4) A current title report covering the entire property included in the site plan.

(5) Provisions for long-term maintenance with adequate financing for areas and facilities under common ownership. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) A complete survey of the entire property and the initial lots to be created, if any, including the legal description, north arrow, scale, surveyor's certificate, etc.

(2) The acknowledged signatures of all parties having an ownership interest in the property.

(3) The signatures of the city administrator and the county treasurer.

(4) Auditor's certificate.

(5) Written documentation that all requirements for preliminary binding site plan approval are met, including the completion of all required infrastructure improvements.

(1) The proposed lot(s) created must be surveyed by a registered land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the property shall sign the exemption application and the survey.

(2) The lot(s) to be created meet the requirements set forth in the recorded final binding site plan.

(3) The lot(s) meet the minimum lot size in the zoning district.

(a) An application for a short subdivision may be made by an owner or owners of land, or by an authorized agent, or by a duly authorized representative of any governmental agency if the short subdivision is sought for a governmental purpose and such application shall be filed with the planning department.

(b) Each application for a short subdivision shall include the following:

(1) The application complies with the general requirements for short subdivision approval as specified by this chapter.

(2) The proposed short subdivision appropriately provides for the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The administrator may determine that other considerations are appropriate to evaluate as criteria for approval.

(3) The short subdivision and any associated dedication will serve the public interest. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The final short plat of land shall be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey.

(b) All proposed short plats shall be referenced either from/to two monumented section or quarter section corners, or from/to two other suitable permanent control monuments.

(c) Each lot corner established by a land survey shall be marked by a permanent survey monument. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) All lots or parcels, which include land, proposed to be divided.

(2) The taxation parcel number or numbers assigned by the Yakima County assessor to land proposed to be divided.

(3) The house address for each lot shown upon the short plat.

(4) The names or recording numbers of any contiguous subdivisions or short subdivisions.

(5) Lot corners and lines marking the division of the land into nine or fewer lots.

(6) Location, size, purpose and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land proposed to be divided.

(7) Location of any roads, rights-of-way, or easements proposed to serve the lots within the proposed short plat with a clear designation of their size, purpose and nature.

(8) North arrow and scale.

(9) The acknowledged signatures of all fee simple owners and other parties having interest in the lands being subdivided as enumerated in subsections (9)(A)(ii) and (9)(B)(ii) of this section, as well as the acknowledged signatures of all property owners over which access or utility easements pass unless such easements are previously or simultaneously recorded by separate instrument in the county auditor's office, certifying the following:

(10) A certificate by a registered land surveyor certifying to the accuracy of the survey and short plat in substantially the following form:

I, _____________________________________, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.

_______________________________________

(Surveyor's signature, seal and number)

(11) The Yakima County treasurer's office certificate in substantially the following form:

I hereby certify that all chargeable regular and special assessments collectible by this office that are due and owing on the property described hereon on the date of this certification have been paid. Dated this ___________ day of ________________________, 20________.

Yakima County Treasurer's Office.

By: ____________________________________

(12) If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:

The property described hereon is wholly or in part within the boundaries of the ______________________ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.

(13) Administrator's signature block.

(14) City public works director's signature block. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) The amended short plat must comply with procedures and requirements of this chapter for original short plat approval.

(2) The title of the amended short plat shall be: "Amended City of Selah Short Plat."

(3) The amended short plat shall show all of the land shown on the original short plat; shall show all deleted original lot lines as dashed lines; and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots within the original short plat as shown by a current title certificate.

(4) The amended short plat shall not increase the number of lots included in the original short plat unless the original short plat created fewer than the maximum allowable number of lots. Where fewer than nine lots were created, an amended short plat may increase the number of lots up to a final total of nine.

(5) Minor errors not involving any change in lot lines may be corrected by the surveyor upon approval of the administrator by recording an affidavit with the Yakima County auditor which specifically references the affected short plat by number and sets forth the correction. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) A subdivision application may be submitted by an owner or owners of land, or by an authorized agent of an owner or owners, or by a duly authorized representative of any governmental agency if the subdivision is sought for a governmental purpose, and such application shall be filed with the city planning department.

(b) Each subdivision application shall include the following:

(1) All existing lots or parcels included in the proposed subdivision.

(2) The proposed name of the subdivision. This name shall not duplicate any name used on a recorded plat or subdivision in Yakima County, including the municipalities of Yakima County.

(3) An accurate and complete legal description of the proposed subdivision.

(4) Scale, north arrow, and date.

(5) Boundary lines based upon a recent land survey of the land proposed to be subdivided and boundary lines of all proposed lots and streets.

(6) Location and size of water and sewer lines, utility easements, and drainage system proposed to serve the lots within the proposed subdivision and their point(s) of connection with existing services.

(7) Location, size, purpose, and nature of existing roads, streets, rights-of-way, and easements adjacent to, or across, the land.

(8) Location of any streets, rights-of-way, or easements proposed to serve the lots within the proposed subdivision with a clear designation of their size, purpose, and nature.

(9) Parcels of land intended or required to be dedicated for streets or other public purposes.

(10) Contour lines at two-foot elevation intervals for slopes less than ten percent and five-foot elevation intervals for slopes more than ten percent. Elevations shall be based upon city of Selah datum if available. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The city shall give notice of the open record public hearing before the city of Selah planning commission or the hearing examiner as follows:

(b) The notice of application will follow the notice requirements of Title 21 and may either be a postcard format or letter size paper. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) City director of public works;

(2) Yakima County clean air authority;

(3) Appropriate irrigation district or company;

(4) Private water company;

(5) City fire department;

(6) City police department;

(7) Yakima health district;

(8) Yakima County department of public works;

(9) Affected school district;

(10) Local office of the Washington State Department of Ecology;

(11) Local office of the United States Soil Conservation Service;

(12) The office of any electrical distribution company servicing the area;

(13) The office of any telephone company servicing the area;

(14) The office of any natural gas company servicing the area;

(15) Any other affected utility company or special district. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The city of Selah planning commission or the hearing examiner shall review the proposed subdivision during an open record public hearing to inquire into and determine whether or not the following standards are satisfied:

(b) The city of Selah planning commission or the hearing examiner shall submit a recommendation for approval or disapproval, with written findings of fact and conclusions to support the recommendation, to the city council no later than ten working days following the open record public hearing. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Upon receipt of the recommendation of the city of Selah planning commission or the hearing examiner on any preliminary plat of a proposed subdivision, the city council shall at its next public meeting set the date for a closed record public hearing to consider the proposed subdivision and recommendation.

(b) The city council shall conduct a closed record public hearing on all preliminary plats. Review by the council shall be based upon the record, which shall include all materials properly submitted at any previous stage of the review, the written documents and exhibits and oral comments of the parties and interested persons offered at the open record public hearing, audio/video tapes of the open record public hearing and the recommendation. The city council may also consider written or oral remarks regarding the facts in the record as it was developed before and was considered by the city of Selah planning commission or the hearing examiner. Only for good cause shown, as determined by the city council, may a party submit at the closed record public hearing information which was not part of the record as it was developed before and was considered by the city of Selah planning commission or the hearing examiner. Following the closed record public hearing, the city council may (1) affirm the decision of the city of Selah planning commission or the hearing examiner, (2) remand the matter back to the city of Selah planning commission or the hearing examiner with appropriate directions, or (3) reverse or modify the city of Selah planning commission's or the hearing examiner's recommendation. The city council shall adopt written findings and conclusions in support of its decision. If the city council affirms the recommendation to approve or disapprove the preliminary plat, it may adopt the findings, conclusions, and recommendation. If the city council rejects the recommendation, it shall adopt appropriate findings and conclusions.

(c) A record of all meetings and hearings concerning the proposed subdivision shall be kept and shall be open to public inspection.

(d) Each preliminary plat of a proposed subdivision and any associated dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety calendar days from the date that an application has been deemed as complete unless the applicant consents to an extension of such time period; provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include any of the time devoted by the city to any preparation or circulation of such environmental impact statement. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The city council shall review the proposed subdivision and the recommendations and findings of the city of Selah planning commission or the hearing examiner. If city council determines the standards of this section are satisfied, then it shall approve the preliminary plat. If city council determines that the standards of this section have not been satisfied, then it shall adopt its own recommendations and disapprove the preliminary plat.

(b) The city council shall, in making its determination pursuant to subsection (a) of this section, consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. The city council may, as the alternative to disapproval, require construction of protective improvements for flood, inundation or swamp conditions as a condition of approval of the preliminary plat of a proposed subdivision. No preliminary plat shall be approved by the city council covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Washington State Department of Ecology.

(c) The city council may require dedication of land to any public body as a condition of approval of the preliminary plat of a proposed subdivision. If the proposed subdivision includes a dedication, city council may require a waiver of the right of direct access to any street from any property.

(d) The city council shall not require a release from damages to be procured from other property owners as a condition of approval of a proposed subdivision. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) As an alternative to construction of required improvements prior to final plat approval, the subdivision applicant may provide a surety bond or other secure method acceptable to the city council which provides for and secures to the city the actual construction of the improvements.

(b) The value of the bond or security shall be one hundred ten percent of the estimated cost of the improvements. The estimated cost shall be based upon the approved civil engineering design of the required improvements.

(c) An application for use of a surety bond or other method of security shall be made to the city engineer and shall describe the method of security to be provided and the estimated cost of the required improvements. The application, including the estimated cost of improvements and the general terms of the security agreement, shall be subject to review and approval by the city public works director and the city attorney, who shall notify the subdivision applicant of tentative approval or rejection of the application within fourteen days after its filing.

(d) After tentative approval of an application has been given, the subdivision applicant shall submit the bond or other method of security to the city public works director for final review and approval. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The subdivision applicant shall file with the city public works director a maintenance bond or propose some other method of security providing for and securing to the city of Selah the successful operation of required improvements for one year and assuring the correction or repair of any defects in workmanship or material appearing within that one-year period.

(b) The amount and conditions of the maintenance bond or other method of security shall be subject to approval by the city public works director and city attorney. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Approval of preliminary plats of proposed subdivisions shall expire in accordance with the timelines below from the date of city council approval thereof. The council shall, upon written application of the subdivision applicant at least thirty days prior to such expiration, grant an extension for a maximum period of one year upon a showing that the applicant has attempted in good faith to submit the final plat within the submission timeline. The timeline to submit a final plat is as follows:

(b) The city council shall determine whether to grant an extension of time on the basis of the past diligence and future plans of the subdivision applicant, as well as the original recommendation.

(c) Any extension of time granted pursuant to this section shall be conditioned upon the proposed subdivision's compliance with all subdivision requirements in effect on the date that such extension is granted. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) A final plat of a proposed subdivision may be submitted for approval by the administrator by filing the proposed final plat with the planning division within five years from the date of approval of the preliminary plat or within the time provided as an extension granted by the city council.

(b) Each final plat submitted for approval shall be accompanied by an original reproducible drawing of the subdivision, four copies thereof, and a current title report. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Each final plat shall be prepared by a land surveyor registered in the state of Washington and certified by the surveyor to be a true and correct representation of lands actually surveyed by him.

(b) The final plat shall be prepared by the surveyor in accordance with the provisions of the Survey Recording Act (Chapter 58.09 RCW) as it now exists or is hereafter amended.

(c) The land survey of the final plat shall be referenced from two monumented section or quarter section corners or, if the land lies within an existing subdivision, from two controlling monuments within the existing subdivision.

(d) Permanent survey monuments shall be placed at all lot corners and street intersections. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) Date, north arrow and scale.

(2) Name of the subdivision.

(3) Accurate and complete legal description of the subdivision on the face of the final plat.

(4) A complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections.

(5) Boundary lines of the subdivision; of the proposed lots therein; of the rights-of-way for any streets, highways, roads, easements or other uses; and of any associated dedications; all to be indicated by accurate dimensions, bearing or deflection angles, and radii, arcs, and central angles of all curves.

(6) Notation and description of any protective improvements or dedications required by the city council or otherwise provided.

(7) Reference to any recorded subdivision or short subdivision adjoining the subdivision.

(8) Name and right-of-way width of each street or other right-of-way.

(9) Location, dimensions, and purpose of any easements.

(10) Number to identify each lot and block.

(11) Addresses for each lot within the plat.

(12) Purpose for which sites, other than residential lots, are dedicated or reserved.

(13) Certificate by the professional surveyor certifying to the accuracy of the survey and plat in substantially the following form:

I, ________________________, a Professional Land Surveyor, do hereby certify that the plat of _______________________________ is based upon an actual survey and subdivision of Section _____, Township _____, Range _____, that the distances, courses, and angles are shown thereon correctly and that monuments and lot corners have been set on the ground as shown on the plat.

________________________________________

(Surveyor's signature and seal)

(14) Acknowledged certificate of free consent executed by all parties having any interest in the lands being subdivided as shown by a current title report; and also, in the case of plats containing a dedication of roads, streets, or other areas, the dedication, waiver of claims for damages, and, if required, a waiver of direct access, all pursuant to RCW 58.17.165 and in a form substantially the same as specified by this section.

(15) If the subdivision lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:

The property described hereon is wholly or in part within the boundaries of the _________________________ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with the law.

(16) Dedication by the owner of streets, rights-of-way, easements, and any sites for private, semiprivate, or public use.

(17) The signature of the city public works director shall certify that the subdivision applicant has either:

(18) A space for the signature of the administrator certifying that the final plat conforms to the conditions of approval for the preliminary plat. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The alteration or vacation of final plats filed for record in the office of the Yakima County auditor shall comply with the provisions of Chapter 58.17 RCW.

(b) All petitions for plat alterations or vacations, except as provided for in Sections 10.50.013A and 10.50.013B, shall be submitted on forms provided by the planning department and shall be reviewed by the hearing examiner at an open record public hearing. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The vacation of any street within a final plat filed for record in the office of the Yakima County auditor shall comply with the provisions of Chapter 35.79 RCW and this title.

(b) All petitions for street vacations or resolutions of the city council initiating the same shall be reviewed by the hearing examiner and a recommendation made thereon to the city council prior to council action.

(c) The abutting property owners of any street, alley, or other public way proposed to be vacated may be required to compensate the city of Selah for vacated public right-of-way in accordance with the state RCWs. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) The reasons for the proposed vacation;

(2) Signatures of all parties having an ownership interest in that portion of the subdivision proposed to be vacated;

(3) If the subdivision is subject to any covenants which were filed when the subdivision was approved, and whether the proposed vacation would result in the violation or failure of any such covenant, the application shall include an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the proposed vacation of the subdivision or portion thereof;

(4) A copy of the approved plat proposed to be vacated, together with all plat amendments recorded since the date of the original approval. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Approval. The hearing examiner shall render a recommendation to the city council on proposed plat vacations.

(b) Criteria for Approval. The proposed plat vacation may be approved or denied after a written determination is made whether the public use and interest will be served by the proposed vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not already deeded to the city, shall be deeded to the city unless the hearing examiner and city council find that the public use would not be served by retaining the public interest in such land.

(c) Vacation of Streets or Other Public Rights-of-Way. When the vacation application specifically proposes vacation of a city street or other public right-of-way, the city's street vacation procedures shall be utilized. When the application is for the vacation of a plat together with any street or other public right-of-way, the procedure for vacation in this section shall be used, but no street or other public right-of-way may be vacated contrary to the provisions of Chapter 35.79 RCW.

(d) Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement holder, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) Signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or divisions in the subject subdivision or portion to be altered;

(2) If the subdivision is subject to restrictive covenants filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof;

(3) A copy of the approved plat sought to be vacated, together with all plat amendments recorded. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Approval. The hearing examiner shall render a recommendation to the city council on proposed plat alterations.

(b) Criteria for Approval. The plat alteration may be approved or denied after a written determination is made whether the public use will be served by the alteration of the subdivision. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

(c) Revised Plat. After approval of the alteration, the final amended plat will be prepared in accordance with the city council's decision and hearing examiner's recommendation and submitted to the city administrator for signature, after which, it shall be filed with the county auditor to become the lawful plat of record. (Ord. 2173, § 2 (Exh. A), 2022.)

"Administrative official" means the mayor, or his or her designee (city administrator).

"Applicant" means the person or persons who petition to vacate any public right-of-way, or the person or persons who propose or are the proponents of a city council-initiated vacation procedure.

"City" means the city of Selah.

"Linear frontage" means the length, in feet, of the property abutting the public right-of-way.

"Owner" means any person or entity with an ownership interest in any real property abutting a public right-of-way. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The petition shall be in a form prescribed by the administrative official and shall be signed by the owners of more than two-thirds of linear frontage of the property abutting the portion of the public right-of-way sought to be vacated.

(b) Every petition shall be accompanied by the following:

(c) Every petition for the vacation of any public right-of-way or any part thereof shall be accompanied by a fee in an amount established by the city to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Setting of Hearing. Upon receipt of the petition, the administrative official shall determine whether the petition has been signed by two-thirds of the property owners abutting the right-of-way to be vacated. The two-thirds shall be determined by the linear frontage of property abutting the area of the proposed vacation. If the petition has been signed by the requisite percentage of such owners, the administrative official shall bring the petition before the city council, and the city council shall by resolution fix the time when the petition will be heard by the hearing examiner, which time shall not be more than sixty days nor less than twenty days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the hearing examiner. The hearing examiner will compose a recommendation and forward it to the city council for final decision.

(b) Staff Report. The administrative official or their designee shall prepare a report concerning the proposed vacation for the hearing in front of the hearing examiner. The staff report shall evaluate the advisability of the proposed vacation based on comments from all city divisions and departments and/or submitted application materials. The report shall address the criteria to be considered in determining whether to vacate the public right-of-way, and such other information as deemed appropriate by the administrative official. In preparing the report, the administrative official shall solicit comments from the police department and the fire department. The administrative official may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the city. The report shall be submitted to the hearing examiner and to the petitioner and his or her representative not less than seven calendar days before the hearing.

(c) Notice of Hearing. Upon the passage of the resolution fixing the time for hearing the request for vacation, the city clerk, or the administrative official, acting under direction and supervision of the city clerk, shall give not less than twenty days' notice of the time, place and purpose of the hearing by:

(d) Protest. If fifty percent of the abutting property owners file written objection to a city council-initiated vacation with the city clerk prior to the time of hearing, the city shall be prohibited from proceeding with the resolution and vacation. The fifty percent ownership shall be measured in linear footage of property abutting the area of the proposed right-of-way vacation. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The hearing on the petition or proposal shall be held before the hearing examiner upon the day fixed by resolution or at the time to which a hearing may be adjourned. If the right-of-way vacation is requested by petition, the petitioner or his or her representative shall be present at the hearing. In its consideration of the proposed vacation of the public right-of-way, the hearing examiner shall render a recommendation based on the following criteria:

(b) Following the hearing, the administrative official shall forward the hearing examiner's recommendation to the city council for an open record public hearing at a regularly scheduled city council meeting. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) The applicant shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the public right-of-way to compensate the city in an amount that does not exceed the full appraised value of the area vacated.

(b) Every ordinance hereinafter enacted by the city council to vacate any public right-of-way, or any portion thereof, shall provide that such ordinance shall not become effective until the applicant or the owners of the property abutting upon the public right-of-way, or portion thereof, so vacated, have compensated the city in the amount required as part of the vacation. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services, and any other requirements of this chapter.

(2) The city council, in approving a vacation request, shall specify that the vacated portion of the public right-of-way shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the public right-of-way to be vacated.

(3) If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact.

(4) If the city council desires additional public testimony and/or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. (Ord. 2173, § 2 (Exh. A), 2022.)

(1) City of Selah Design, Construction Standards, and Specifications Manual for Public Works Improvements as adopted in Section 13.01.010;

(2) Standard Specifications.

(3) Construction Manual.

(4) Manual on Uniform Traffic Control Devices.

(a) When land is subdivided such parcels shall be so arranged so as to allow for the opening of future streets and logical further subdivision, unless doing so is impractical for reasons of property size or topography.

(b) In addition to the design documents adopted by reference above, the following provisions shall apply:

(a) Block design in a subdivision shall conform to the following standards, except in the event a subdivision is combined with a planned development zone proposal, in which case the following standards may be modified for good cause shown and where appropriate to provide for the type of development and land use contemplated as a planned development:

(b) Lot design in a subdivision shall conform to the following standards, except in the event a subdivision is combined with a planned development zone proposal, in which case the following standards may be modified for good cause shown and where appropriate to provide for the type of development and land use contemplated as a planned development:

(1) Cased monuments, with metal stamped caps, shall be set at all corners of the subdivision, at all points where the street lines intersect the exterior boundaries of the subdivision, at angle points and points of curve in each street and at all street intersections. All surveys shall be second degree accuracy. The use of state plan coordinates is encouraged.

(2) All other lot corners shall be marked with a permanent suitable metal marker not less than three-eighths inch in diameter and twenty-four inches long and driven flush with the finished grade.

(3) Any other monuments considered necessary and appropriate by the city engineer. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Curbs and gutters of cement concrete shall be provided in accordance with the standards set forth in this chapter and the City of Selah Design, Construction Standards, and Specifications Manual for Public Works Improvements as adopted in Section 13.01.010.

(b) Driveways shall be located on the lowest classification of roadway abutting the development. Driveways accessing onto arterial streets are discouraged and shall be limited. Driveway widths and locations are limited to one per lot as approved by the public works director. "Corner" lot driveways shall be located as far as possible from the street intersection.

(c) Driveways shall be designed to retain all storm water upon the subject property and shall not be graded or drained so that they drain to the city storm water or street system.

(d) All driveways shall be surfaced for a minimum distance of twenty-five feet back from the street or curb to a minimum width of twenty feet at the curb and constructed in accordance with the specifications established in Section 10.34.070(1) . (Ord. 2173, § 2 (Exh. A), 2022.)

(1) Underground installation of utility facilities shall not include overhead facilities installed in order to provide emergency service, temporary poles and overhead lines used or to be used in connection with construction projects, service meters located at structures, surface-mounted connection boxes, surface-mounted transformers, pedestal-mounted terminal boxes, transmission lines and supporting structures, "through-feeders" of distribution lines and supporting structures that pass through a subdivision but provide no service to property located therein, wires for fire alarm and traffic signal installations, and structures used for street lighting facilities.

(2) The subdivider shall make all arrangements for the installation of underground utility facilities with the appropriate agency or utility. The cost of constructing new facilities underground or relocating existing aerial facilities underground shall be borne by the serving utilities, the owners of the real property to be served, and/or others requesting such underground services in accordance with the applicable filed tariffs, the accompanying rules and regulations of such utilities as approved by the Washington Utilities and Transportation Commission, and the published policies of the respective municipal and/or other utilities; provided, however, that such published policies, as distinguished from approved tariffs, are not in conflict with presently enacted or hereafter enacted or amended applicable city ordinances.

(3) Easements for the underground installation of utility facilities and, where necessary, for existing overhead transmission and existing through-feeder distribution facilities, shall be provided by the subdivider and shall be set forth in the preliminary plat and final plat to serve the subdivision and each lot therein. The lot easements shall be a minimum of sixteen feet in width and, when possible, centered on side or rear lot lines, or eight feet on the property side of front lot lines.

(4) Where underground utilities are installed within a subdivision, all lot owners shall be served only by those underground facilities.

(5) Street lights shall be at locations and on poles authorized by the city providing illumination approved by the public works director. At a minimum street light shall be installed at all street intersections and at no greater spacing than one hundred seventy-five feet apart and at the ends of cul-de-sacs. In the event that the city or subdivider determines that poles other than wood poles shall be used for street lighting, the cost of such poles shall be in accordance with the policies and applicable tariff provisions of the utility involved. Additionally, all street lighting must meet the requirements of Chapter 7 of the City of Selah Design, Construction Standards, and Specifications Manual for Public Works Improvements as adopted in Section 13.01.010.

(6) In addition to the foregoing, the utilities in a subdivision shall conform to the following specifications and standards:

(1) Any and all services performed by city employees in field inspection of construction of improvements, at one hundred percent of the direct salary cost, plus thirty-five percent of such costs for overhead and fringe benefits;

(2) Any outside consultants retained by the city to evaluate any inspection or services necessary to correct defects in workmanship and material in the public improvements. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Applications for variances from the literal enforcement of this chapter shall be made in writing and filed by the landowner with the city planning division, which application shall specifically state the relief sought and the reasons thereof. The application for variance shall demonstrate all of the following:

(b) An application for a variance shall be considered by the hearing examiner at an open record public hearing, and the hearing examiner shall make its recommendation to the city council.

(c) On receipt by the city council of the hearing examiner's recommendation, the city council shall consider the application at a public meeting. The city council may grant such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would work a unique hardship on the applicant. In granting such variance, the city council may require such conditions as will, in its judgment, substantially secure the objectives of the standards or requirements concerning which a variance is granted. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) No building permit, utility permit or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this title.

(b) The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice of the act or acts constituting the violation. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Appeal to the Hearing Examiner. Except as otherwise provided, any person or agency directly affected by any decision of the administrator may appeal that decision to the hearing examiner.

(b) Appeal. All appeals shall be filed within fourteen days following the mailing of the final decision by the administrator. Appeals shall be filed with the planning department.

(c) Appeals Shall Be in Writing. All appeals shall be in writing on forms provided by the planning department and shall be accompanied by the required fees. All appeals shall specifically cite the action being appealed, the error(s) or issue(s) to be considered, and explain why the action is not consistent with the provisions of the city of Selah comprehensive plan, and zoning ordinance, this title, or other provisions of law.

(d) Notice. The planning department shall set a reasonable time and place for hearing of the appeal and shall notify all parties of record at least ten days prior to the hearing.

(e) Transfer of Record. The city planner shall transmit to the hearing examiner true copies of all records pertaining to the proposed decision being appealed, together with any additional written report as determined to be pertinent.

(f) Action by the Hearing Examiner. The scope of the open record hearing on the appeal shall be limited to issues raised in the appeal application. The hearing examiner shall render a written decision on the appeal within ten working days from the conclusion of the hearing unless the subdivision applicant and the examiner mutually agree to a longer period. The hearing examiner may affirm or reverse wholly or in part or modify the order, requirement, decision, or determination and to that end shall have all the powers of the officer from whom the appeal is taken. The department shall send copies of the hearing examiner's decision to the appellant and parties of record not later than three working days following the issuance of the final decision. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Appeals. The hearing examiner's decision on the appeal shall be final and conclusive unless it is appealed to the city council by a person or agency affected by the decision in the following manner:

(b) Appeal Procedures.

(a) General. When the record and the hearing examiner's decision have been transmitted to the city council, the clerk of the city council shall schedule a date for a meeting of the city council at which time the city council shall consider the record upon which the hearing examiner's decision was based and the written and oral arguments of the appellant and other parties of record regarding whether the hearing examiner's decision was supported by substantial evidence. The date of the public meeting should not be later than twenty days following the date the city council receives the record from the office of environmental planning.

(b) Public Notice Meeting on Appeals. The clerk of the city council shall, by first class mail, notify all parties of record of the date of the closed record public hearing on the appeal.

(c) Site Views. The city council may view the site.

(d) Scope of Review. City council review of the facts shall be limited to the record before the hearing examiner. The city council may request additional information or memoranda in order to reach a decision; provided, that all parties of record are given an opportunity to respond to any new material provided.

(e) Action on Appeal. At the closed record public hearing the city council may adopt, amend and adopt, reject, reverse, amend and reverse the hearing examiner's findings, conclusions, and decision, or the city council may remand the matter for further consideration or for purpose of taking and considering new factual evidence by the examiner. If the city council renders a decision different from the decision of the hearing examiner, the city council shall adopt amended findings and conclusions accordingly. (Ord. 2173, § 2 (Exh. A), 2022.)

(a) Generally. Only final actions or decisions of a reviewing or other official may be appealed under this chapter.

(b) Procedural Rulings. Interim procedural or other rulings during or as part of a review or decision-making process by a reviewing or other officer under this title are not appealable except as part of the final decision or action.

(c) Enforcement Actions. No enforcement action for violation of this title is appealable except as expressly provided in Section 10.50.034. No decision or action for issuance of a warning citation or criminal citation by the reviewing official or other proper legal authority is appealable under this chapter nor shall any appeal under this chapter be taken of any enforcement action commenced by any party in a court of law. (Ord. 2173, § 2 (Exh. A), 2022.)