§ 16.08.050. Procedure.

A.

Preliminary steps. The developer shall submit a sketch of a proposed subdivision of land to the Community and Economic Development Department for review prior to submittal of the preliminary plat.

B.

Preliminary approval. The developer or his surveyor shall then transmit six (or more if required) copies of the preliminary plat, together with a filing fee, to the Community and Economic Development Department. The amount of the filing fee shall be as established by ordinance and set forth in Chapter 3.70 PAMC. The Community and Economic Development Department shall submit written recommendations to the Planning Commission prior to the Commission's public hearing in which the preliminary plat is on its agenda.

The proposed plat shall be prepared by a licensed land surveyor and shall be submitted to the Community and Economic Development Department at least 30 days prior to the public hearing of the Planning Commission.

Notice of the public hearing on a proposed plat or subdivision shall be posted by the developer in a conspicuous place on or adjacent to the land proposed to be subdivided. Such notices shall clearly indicate the time and place of the public hearing and shall be posted not less than ten days prior to the hearing.

The Planning Commission shall examine the proposed plat, along with written recommendations of the City departments, and shall recommend either approval or denial thereon to the City Council. Within a period of 90 days after a preliminary plat has been submitted to the Community and Economic Development Department and other affected agencies, the City Council shall either approve or disapprove the proposed preliminary plat. The 90-day time period may be extended with the consent of the applicant. If an environmental impact statement is required, the 90-day period shall not include the time spent preparing and circulating the EIS.

Following final action of the City Council on a preliminary plat, the Community and Economic Development Department shall notify the developer regarding changes required and the type and extent of improvements to be made. A copy of the City Council's action and recommendations shall be forwarded to the developer and to any agency submitting recommendations in regard to the preliminary plat.

Approval of a preliminary plat shall be considered conditional approval of the preliminary plat, and shall not constitute approval of the final plat; it shall be considered only as approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat.

If the preliminary plat is approved by the City Council, the developer, before requesting final approval, shall elect to install or assure installation of the improvements required by section 16.08.070 PAMC by one of the following methods:

1.

Actual installation of the required improvements, to the satisfaction and approval of the City Engineer;

2.

Furnishing to the City an assignment of a savings account or another approved security or placing in trust, an amount equal to 150 percent of the cost of the improvements as determined by the City Engineer, which assignment of savings account, other security, or trust shall assure to the City the installation of the improvements, to the satisfaction and approval of the City Engineer. This savings account, or other security, or trust shall be conditioned so that no amount may be removed therefrom without prior written approval of the City, and shall further provide that, if the improvements are not installed within the time limitations set by the City Engineer, or not installed to the satisfaction of the City Engineer, then the City may withdraw from the savings account, other security, or trust the amount necessary to complete the improvement. The City Engineer shall determine the period of the assignment of the savings account, other security, or the trust.

After completion of all required improvements the City Engineer and any government agency involved shall submit a written notice to the Community and Economic Development Department stating that the developer has completed the required improvements in accordance with PAMC 16.08.070 and with required installation standards.

C.

Final approval. The final plat shall conform to the preliminary plat as approved by the City Council. If desired by the developer, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time.

The Final plat shall be submitted to the Department of Community and Economic Development within five years after City Council approval of the preliminary plat. Said preliminary approval shall become void unless a final plat is submitted and approved by the City.

The developer shall submit a mylar tracing and four prints of the final plat and other required exhibits, including a filing fee, to the Department of Community and Economic Development. The amount of the fee shall be set by ordinance of the City Council and may be amended or changed by ordinance from time to time.

Staff shall review the final plat submittal to determine its completeness and shall determine whether the plat conforms with the approved preliminary plat, the provisions of the Comprehensive Plan, the Zoning Code and other land use regulations, the City's Urban Services Standards and Guidelines, and these Subdivision Regulations. If the final plat is determined to be complete by staff, the Community and Economic Development Department staff shall make its recommendation to the City Council.

Following a recommendation of approval of the final plat, the Community and Economic Development Department shall obtain the signatures of the County Health Officer (when required by the Commission), City Clerk, City Manager, Fire Chief, Director of Public Works and Utilities, Community and Economic Development Director, and City Attorney on the Final tracing and shall submit the tracing of the fnal plat to the City Council for approval and signature by the Mayor.

The City Council shall act upon the final plat at a public meeting within 30 days of receipt of such a plat that has been deemed complete by City staff. The 30-day limit may be extended from the date of the final plat being filed with the Community and Economic Development Department with the consent of the applicant.

The developer shall have the final plat recorded within 30 days after the date the fnal plat is approved by the City Council.

Within 30 days after recording, the developer shall obtain and provide to the Community and Economic Development Department a mylar or equivalent duplicate of the final recorded plat.

D.

Approval and review of preliminary and final plats. When a proposed plat or subdivision is situated adjacent to the right-of-way of state highways, said plat or subdivision shall be submitted to the Director of Highways. Approval by the City shall be withheld until said Director or his assistant has made a report to the City.

When a proposed plat, subdivision or dedication is adjacent to unincorporated territory notice of such proposed plat shall be given to the Clallam County Planning Commission.

Any decision by the City Council approving or refusing to approve a plat or subdivision shall be reviewable for arbitrary, capricious or corrupt action or non-action, by petition before the Superior Court of Clallam County, by any aggrieved property owner of the county having jurisdiction thereof. Provided, that due application for petition shall be made to such court within 21 days from the date of any decision so to be reviewed.

(Ord. No. 3441, § 4, 11-15-2011; Ord. 3214, 9/16/2005; Ord. 3122 § 2 (part), 9/27/2002; Ord. 3042 § 2 (part) 1/28/2000; Ord. 3007 § 4, 1/15/1999; Ord. 2990 § 3, 5/15/1998; Ord. 2880 § 2 (part) 8/25/1995; Ord. 2789 § 12 1/1/1994; Ord. 2743 § 1, 1/29/1993; Ord. 2719 § 2, 11/13/1992; Ord. 2143 § 2, 5/31/1981; Ord. 2034 § 1, 7/16/1979; Ord. 1631 § 4, 11/14/1967)