HomeMy WebLinkAbout2464 Clarification of Pre-Liminary Plat Approval Process and to Allow a Second Plat Approval Extension Under Certain ConditionsOrdinance No. ~ 4 ~'~
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CHAPTER 18.08, DEFINITIONS, SECTION 200 AND CHAPTER 18.20,
PROPOSED PLAT PROCEDURE, SECTION 110 OF THE PORT TOWNSEND
MUNICIPAL CODE TO CLARIFY PRELIMINARY PLAT APPROVAL
PROCESS AND TO ALLOW A SECOND PLAT APPROVAL EXTENSION
UNDER CERTAIN CONDITIONS.
WHEREAS, Chapter 18 PTMC regulates the application and approval procedures for
subdivisions in accordance with RCW 58.17 et seq.; and
WHEREAS, RCW 58.17.140 allows every plat applicant one one-year extension
beyond the three-year approval period, and authorizes local governments to allow an
additional one-year extension; and
WHEREAS, in'the 1995 Session, the Washington State Legislature has enacted
House Bill 1624, which amends RCW 58.17.140 to allow all subdivision applicants five
years to satisfy all conditions for preliminary plat approval; and
WHEREAS, in order to treat all plat applicants in a fair, equitable, and consistent
fashion under HB 1624, the City deems it appropriate to allow all plat applicants an
opportunity to apply for an additional one-year extension upon satisfying certain conditions;
and
WHEREAS, at a regularly scheduled public meeting the Planning Commission
approved these code amendments in substantially the form proposed to the City Council,
NOW, THEREFORE, the City Council of the City of Port Townsend, in regular
session assembled, does ordain as follows:
Section 1. Chapter 18.08 Section 200 is hereby amended and shall be codified by the
City's Code Reviser as follows:
Chapter 18.08
DEFINITIONS
Sections:
18.08.010
18.08.020
18.08.030
18.08.040
18.08.050
City planning commission.
Collector street.
Comprehensive plan.
Condominium.
Cul-de-sac.
18.08.060
18.08.070
18.08.080
18.08.090
18.08.100
18.08.110
18.08.120
18.08.130
18.08.140
18.08.150
18.08.160
18.08.170
18.08.175
I8.08.180
18.08.190
18.08.200
Dedication.
Final approval.
Final plat.
First class shorelands.
Inner harbor line.
Local access street.
Major arterial.
Official plans.
Planned unit development.
Proposed plat or subdivision.
Public highways.
Secondary arterial.
Short subdivision or short plat.
Subdivider.
Subdivision or plat.
Preliminary :t:(tentativel plat approval.
18.08.200 Preliminary :gl_tentative) plat approval.
"Preliminary :t:~entative) plat approval" means the official action taken on the proposed plat,
subdivision or dedication by the city planning commission, meeting in regular session.
(Ord.~94r$'~ § 1, 1995; Ord. 1671 § 3.00(s), 1973).
Section 2. Chapter 18.20, Section 110 of the Port Townsend Municipal Code is
hereby amended and shall be codified by the City's Code Reviser as follows:
Chapter 18.20
PROPOSED PLAT PROCEDURE
Sections:
18.20.010
18.20.020
18.20.030
18.20.040
18.20.050
18.20.060
18.20.070
18.20.080
18.20.090
18.20.110
Submittal to clerk.
Complete application information.
Transmittal to commission.
Fee.
Copies.
Recommendations of officers.
Hearing - Notice.
Hearing - Conduct.
Recommendation of commission.
.......... },}, ..... Preliminary plat - Time limitation
18.20.110 ~'][tv'llllll'l¥~tl': ........... "VV'"''~'~ Preliminary plat - Time limitation.
A. A preliminary plat automatically expires and is void if the applicant fails to file for
approval of the final plat within three years from the effective date of the preliminary plat
approval, unless the planning commission determines that a one-year extension is appropriate
based on the following:
1~ A written request for extension has been filed at least 30 days before the expiration of
the initial three-year period; and
2. The applicant has attempted in good faith to submit the final plat within the three-year
period.
B: The planning commission may extend preliminary plat approval for a second one-year
period, if:
1. A written request for extension is filed at least 30 days before the expiration of the
first one-year extension; and
2_ Unforeseen circumstances or conditions necessitate the extension of the preliminary
plat; and
3~ Conditions in the immediate vicinity of the subject property or conditions relating to
infrastructure capacity necessary to support the development have not changed substantially
since the preliminary plat was first approved; and
4. Termination of the preliminary plat would result in unreasonable hardship to the
applicant, and the applicant is not responsible for the delayl and
5_ An extension of the preliminary plat will not cause substantial detriment to existing
uses in the immediate vicinity of the subject property or to the community as a whole.
C.. In approving a second one-year extension to preliminary plat approval, the planning
commission may require additional conditions for final plat approval consistent with the then
current city-adopted standards and policies.
D. The expiration of the first one-year extension, of any preliminary plat occurring within 60
days prior to the effective date of this ordinance shall be tolled, and the planning commission
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may consider allowing a second extension, so long as the applicant has formally requested an
extension in writing prior to the expiration of the first extension.
(Ord.,t~r6'q§ 2, 1995; Ord. 2258 § 3, 1991; Ord. 1671 § 7.08, 1973).
Section 3. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect
the validity or constitutionality of the remainder of any part of this Ordinance. To this end,
the provisions of each clause, sentence, paragraph, section or part of this law are declared
severable.
This ordinance shall be in full force and effect five days after the date of its passage,
approval, and publication in the manner provided by law.
Read for the first, second, and third times and
Port Townsend, Washington, at a regular
1995.
Council of the City of
~r'//day of June,
Attest:
~~lerk
/
Approved as to Form:
'\
~--~~Mmaha~, City Attorney
05/31/95 CAXORDH 808&20.doc
Clise, Mayor
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