Chapter 16.08 APPLICATION AND SUBDIVISION REVIEW PROCEDURES

A complete application for preliminary plat approval shall be submitted to city hall and shall consist of the following:
A. Completed preliminary plat application form;
B. Completed environmental checklist;
C. A critical area determination report, per the determination provided by the city at the pre-application conference or thereafter in compliance with Chapter 15.02, Critical Areas Protection Code, or proof that an application for a critical area determination has been filed with the city as required by Chapter 15.02;
D. If critical areas exist on the subject site, the permit and report requirements of KMC Chapter 15.02 shall be adhered to and submitted with the preliminary plat application;
E. Precise drawings showing sanitary and storm sewer cross-sections and grade profiles of the existing ground and proposed streets;
F. Twenty-five copies of the preliminary plat, conforming to the specifications of this chapter, including eleven- by seventeen-inch copies of all large plans so that copies can be made;
G. If the property is to be developed in phases, each phase shall be clearly labeled and demarcated on the preliminary plat;
H. Payment for the preliminary plat review fee;
I. Payment for other fees, if applicable;
J. Copy of a recent title report for the property issues within the last sixty days, including a legal description according to the official records in the office of the county auditor; pertinent survey data compiled as a result of a survey made by or under the supervision of a land surveyor registered in the state and engaged in land surveying which contains notation stating acreage, scale, north arrow, datum, bench marks, certification of registered civil engineer or surveyor, date of survey; and
K. A verified statement with original signatures that the property affected by the applicant is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property;
L. A DOE stormwater permit if applicable;
M. Traffic analysis/report as required by the city;
N. If it has been determined that a zoning map amendment or variance is required for approval of the preliminary plat, completed applications for the same if not previously submitted and reviewed;
O. A tree survey and preservation plan, report or drawing that complies with Section 16.10.140(C);
P. Preliminary stormwater report; and
Q. Other items required per the city of Kalama public works standards. (Ord. 1211 § 2 (part), 2007).

Preliminary plats for distribution to the parties listed in Section 16.08.050 of this title shall be presented on a sheet or sheets having dimensions no larger than eighteen by twenty-four inches and shall be drawn at a convenient scale. The following information shall be shown on the preliminary plat in one or more sheets:
A. General.
1. The proposed name of the subdivision, together with the words “preliminary plat,”
2. The tract designation(s) of the proposed subdivision as shown in the records of the Cowlitz County assessor, including lot numbers, section, township and range,
3. Date, north-pointing arrow, and scale of drawing,
4. Name and address of the owner(s) of the property to be subdivided, of the subdivider or subdivision agent, if other than the owner, and of the surveyor and engineer,
5. A vicinity map sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property and streets;
B. Existing features.
1. Existing structures,
2. Location, pavement and right-of-way widths, and names of existing public or private streets, roads or alleys within or abutting the tract,
3. Location and size of existing sewers, water mains and culverts,
4. Location of existing property lines, easements, railroads, monuments, property markers, section lines and city boundary lines within or abutting the tract,
5. Watercourses, ditches, areas of flooding or ponding, rock outcroppings, wooded areas, and isolated trees eight inches or more in diameter measured four feet above the ground,
6. The names and addresses of adjoining property owners from the latest assessment rolls within five hundred feet of all boundaries of the proposed subdivision, shown on the plat in relationship to the property to be subdivided,
7. Contour lines illustrating topography at two-foot intervals for slopes less than ten percent and at five-foot intervals for slopes over ten percent. Contour lines shall extend at least one hundred feet beyond the boundaries of the proposed subdivision. Contours shall be relative to sea level and based on USGS or USC&GS datum,
8. All critical areas shall be shown including streams, wetlands, geological hazard areas and all associated buffers,
9. For subdivisions proposed in the one-hundred-year floodplain, base flood elevation benchmarks;
C. Proposed Features.
1. The boundary of the proposed subdivision drawn in a bold line,
2. Locations and dimensions of proposed streets, alleys, other public and private ways, easements, lot lines and utilities, with the purpose of easements stated,
3. Locations, dimensions and area of public and common park and other open space areas,
4. Proposed number assigned to each lot and block, with lots numbered consecutively in a block; proposed names of all streets,
5. Identification of all areas proposed to be dedicated for public use, with designation of the purpose thereof and any conditions,
6. When more than one type of use is proposed, the location, dimensions and area for each type of use (such as single-family, two-family, or multifamily residential uses),
7. If the subdivision borders a river or stream, the approximate mean high and mean low water elevation and the distances and bearings of a meander line established not less than twenty feet back from the ordinary high-water mark of the waterway. (Ord. 1211 § 2 (part), 2007).

A. Integrated Notice of SEPA Decision and Public Hearing. The city shall provide notice of the threshold determination as set forth in KMC Chapter 15.04, and attempt to integrate such notice in the notice for the planning commission’s public hearing on the application. The planning commission’s public hearing shall be held after expiration of any SEPA comment or administrative appeal period, but in general, should not be held more than forty-five days after the city’s SEPA determination.
B. Publication of Notice of Public Hearing. The city shall publish at least one public notice of the public hearing of the application before the planning commission in the city’s official newspaper, which notice shall be published at least ten days prior to the hearing date. Notice of such hearing shall also be mailed to the applicant and to all adjacent landowners. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, to be located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. The records of the Cowlitz County assessor shall be used in notifying owners of adjacent property. Persons requesting notice of the city’s action on an application shall also be notified.
C. Contents of Notice. Public notices shall contain the following elements:
1. A legal description locating the outer boundaries of the proposed subdivision;
2. Either a vicinity location map or a location description in nonlegal language;
3. An announcement of the date, time and place of the initial hearing;
4. An identification of the application(s) submitted and the SEPA threshold decision;
5. A statement that the hearing may be continued without further published notice if the date, time and place of the continued hearing are announced at the hearing for which notice has been published;
6. A statement of the purpose of the hearing and brief description of the proposal;
7. A statement that interested persons may appear and be heard, but are encouraged to submit comments in writing at least three days prior to the hearing date, directed to the planning commission secretary. (Ord. 1211 § 2 (part), 2007).

A. Required Recommendations. Before any preliminary plat is scheduled for a public meeting before the city council, the following recommendations for disapproval or approval shall be filed with the planning commission secretary:
1. Local health department or other agency approving septic sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply, if applicable;
2. Kalama planning commission recommendation as to compliance with all terms of preliminary approval as set forth in KMC, including those design standards and improvements set forth in KMC Chapter 16.10;
3. City engineer;
4. Director of public works’ recommendation as to compliance with all applicable public works standards, and sewer and water concurrency and facilities construction;
5. City fire marshal or fire district representative;
6. City parks and recreation committee, as needed; and
7. City planner.
B. Written Findings Required. During the public hearing on the preliminary plat, the city shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and any dedications proposed. The proposed subdivision and/or dedications shall not be approved/accepted or recommended for approval/acceptance unless the planning commission and/or city council makes written findings that:
1. Appropriate provisions are made for the public health, safety and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school;
2. The public use and interest will be served by the platting of such subdivision and dedication; and
3. That the proposed subdivision is in conformity with any applicable zoning ordinance, comprehensive plan or other existing land use controls including RCW 58.17.
C. Dedications.
1. An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. The city may require such waiver as a condition of approval.
2. Roads not dedicated to the public must be clearly marked on the face of the plat.
3. Any dedication, donation or grant as shown on the face of the plat shall be considered for all intents and purposes as a quitclaim deed to the said donee(s) grantee(s) for his/her/their use for the purpose intended by the grantor(s) or donor(s).
4. If the plat is subject to a dedication, a certificate or separate written instrument shall contain the dedication of all streets and other areas to the public, any individuals, religious societies or corporation (public or private), as shown on the plat, and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
5. Dedication of land to any public body, provision of public improvements to serve the subdivision may be required as a condition of subdivision approval.
D. Flood, Inundation or Swamp Conditions. A proposed subdivision may be disapproved because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. No plat shall be approved covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the State Department of Ecology.
E. Conditions of Approval. The commission and council may attach those conditions to an approval or recommendation for approval as deemed necessary to promote the public interest, safety, health and welfare, except as prohibited in this chapter or other law. The commission may recommend and the council may require that conditions of approval be listed on the face of the final plat. (Ord. 1211 § 2 (part), 2007).

16.08.090 Deadline for final decision on preliminary plats--Expiration of preliminary plat approval.

A. Deadline for Final Decision. Preliminary plats for any proposed subdivision and dedication shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of filing a complete application is accepted by the city, unless the applicant agrees to an extension of such time period in writing. Provided, that if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement by the city.
B. Expiration of Preliminary Plat Approval. A final plat meeting all of the requirements of Chapter 58.17 RCW and this title shall be submitted to the city for approval within five years of the date of preliminary plat approval; provided, however, that the applicant may submit an application to the city at least thirty days prior to the expiration of the preliminary plat approval for a one-time extension of two years. The city may review extension applications upon notice and hearing before either the planning commission or city council, with the city council making the final decision if: (1) the applicant agrees to construct the development in conformance with the zoning, subdivision, environmental, public works standards and other development standards in place at the time an application for an extension is submitted, unless otherwise agreed upon by the city; and (2) the applicant provides their consent to allow any agency that has provided a recommendation under KMC Section 16.08.050 to reconsider and modify its recommendation. Notice shall include publication of a legal notice in paper and site posting.
C. Extension Exceptions. If the city has approved a preliminary plat with the condition that the city agrees to provide the necessary public services to the development in the preliminary plat, and the city has enacted a moratorium during the five-year period after preliminary plat approval, an application may be made for an exception. An extension of time greater than two years may be granted under this exception. In order to obtain an exception under this subsection, the applicant must demonstrate: (1) that the preliminary plat approval has not expired under subsection A of this section; (2) that the request for an extension of preliminary plat approval has been made necessary because of the city’s imposition of a moratorium and for no other reason attributable to the applicant’s delay. (Ord. 1211 § 2 (part), 2007).

After approval of the preliminary plat and prior to the beginning of construction and installation of improvements or performance bonding or other assurance in lieu thereof, the subdivider’s engineer shall submit to the city detailed construction plans for all required improvements and applications for necessary permits set forth in this title. Required improvements are detailed in KMC Chapter 16.10. Upon approval of the construction plans and prior to submission of the final plat, the subdivider shall proceed to construct and install required improvements to completions, unless the performance bonding or other option set forth in Chapter 16.10 of this title is accepted. Construction plans shall be drawn at a scale of no more than fifty feet to the inch with the following information shown:
A. Streets.
1. Profiles showing original ground elevation and proposed elevations along centerlines of all streets,
2. Radii of curves, lengths of tangents, angles, bearings on street centerlines, right-of-way and pavement widths,
3. Structural section of streets, curbs and sidewalks;
B. Grading and Drainage. Lot grading plans including approximate quantities of fill and excavation, drainage easements, drainage retention proposals, catchbasin size and location, and storm sewer pipe size, type, location, depth and connections;
C. Water Mains. Location, size, type, depth and connections for lines, valves and fire hydrants;
D. Sanitary Sewers. Locations, grades, connection elevations, pipe sizes and types, depths, lateral locations and manhole locations;
E. All other information required in the city of Kalama development guidelines and public works standards. (Ord. 1211 § 2 (part), 2007).

A. Preparation. After approval of the preliminary plat and the detailed construction plans and within the time limits set forth in this chapter, the subdivider shall cause to be prepared a final plat and the supplementary materials required by this section. The final plat shall:
1. Be drawn to the specifications and contain the information required by Section 16.08.130 of this title;
2. Conform to the preliminary plat approved by the city council and to any conditions that may have been part of the approval. Slight deviation from the approved preliminary plat may be allowed if the director determines such deviations are necessary because of unforeseen technical problems or to protect the public interest in accordance with KMC Section 16.08.140;
3. Include, in the manner specified by Section 16.08.130 of this title, all formal, irrevocable offers of dedication to the public and space for the acknowledgments, endorsements, and certifications required by Section 16.08.130 of this title.
B. Supplementary Materials. The original hard copy drawing of the final plat shall be accompanied by:
1. At least two copies of the final plat, one on mylar material;
2. A minimum of ten additional paper copies of the final plat, one an eleven by seventeen copy;
3. A copy of any deed restrictions and restrictive covenants proposed by the subdivider;
4. A title report issued by a title insurance company showing all parties whose consent is necessary and their interest in the premises and listing all encumbrances;
5. “As-built” plans of such required improvements as have been completed, unless other arrangements are made to guarantee that “as-built” plans will be submitted;
6. A complete survey and field and computation notes;
7. If required improvements have not been completed, plat performance bond or other security conforming to Chapter 16.10 of this title;
8. If a local improvement district is proposed, a petition for creation of the district, unless the city council in approving the preliminary plat indicated it would create a district by resolution;
9. Payment of the inspection fee required by Chapter 16.10 of this title for such improvements as have been completed;
10. Payment of a fee in the amount of one hundred dollars for each street sign required by the director, which are to be installed by the city. In lieu of payment, the city may also elect to require installation by the developer;
11. Bill of sale for all infrastructure;
12. Quit claim deed for all public real property and dedication deeds;
13. Affidavit of no liens;
14. Maintenance bond and warranty deeds;
15. Three copies of operations and maintenance manuals for all mechanical components installed;
16. A statement from the Cowlitz County assessor verifying that all lot descriptions are accurate; and
17. Other items required by the director deemed necessary to ensure compliance with the city of Kalama public works standards.
C. Sequence for Obtaining Signatures. Signatures required by Section 16.08.130 of this title for dedications, acknowledgments and endorsements normally shall be obtained in the following sequence:
1. The owners in fee simple;
2. Notary public in and for the state of Washington;
3. Licensed land surveyor;
4. Cowlitz County treasurer;
5. Director of public works;
6. Planning commission chairman;
7. Mayor;
8. City clerk-treasurer;
9. Cowlitz County auditor.
D. Review by the Director.
1. The subdivider shall submit the original drawing of the proposed final plat and supplementary materials to the city. The director shall:
a. Inspect the detail and computations of the final plat for conformance with the specifications and standards of this chapter; the director’s determinations shall be conclusive;
b. Inspect the final plat for conformance with the preliminary plat approved by the city council and the conditions made a part of such approval;
c. Determine either that all required improvements have been installed in accordance with these regulations or that certain improvements may properly be deferred under Chapter 16.10 of this title.
2. When the director is satisfied with the details and computations of the plat, determines that the plat conforms to the approved preliminary plat and conditions set thereon, and determines that improvements either are complete or may properly be deferred, he shall signify his approval of the subdivision by signing the original and mylar copies of the final plat. Thereafter, he shall forward the plats and the supplementary material to the clerk-treasurer, who shall arrange for planning commission review.
3. If the director is not satisfied with the detail and computations of the final plat, finds that the plat does not conform with the approved preliminary plat and conditions, determines that improvements were installed incorrectly, or is not satisfied with the extent or manner in which completion of improvements would be deferred, he shall withhold his signature until the matter is corrected or resolved by the subdivider to the satisfaction of the director.
E. Review by the Planning Commission. After the inspection by the director, the planning commission shall review the proposed final plat for conformance with the preliminary plat and conditions approved by the council. Such review shall take place at a regular public meeting.
1. If the planning commission finds a final plat to be conforming, the commission chairman shall signify the commission’s approval by signing the original drawing and mylar copies, then shall forward them to the city clerk-treasurer for consideration by the council.
2. If the commission finds that a final plat contains significant divergences from the approved preliminary plat, it shall withhold its approval, return the plat sheets to the applicant, and provide a statement indicating the reasons for the withholding of approval and the changes necessary. If the applicant does not modify the proposed final plat to the commission’s satisfaction, the city’s approval of the preliminary plat shall become null and void. To be reactivated, the plat must be resubmitted as a new preliminary plat subject to the provisions of this chapter, including payment of preliminary plat review fees.
F. Review by the City Council. The city council shall review final plats at a public meeting considering the factors set forth below. The council review shall occur after the director and planning commission have completed review. The council shall determine whether:
1. The final plat conforms to the approved preliminary plat and conditions set thereon;
2. The public uses and interest will be served by the subdivision and the final plat meets the requirements of RCW 58.17 and of this chapter;
3. Improvements have been completed or properly guaranteed to be completed in accordance with Chapter 16.10 of this title;
4. The dedications, certifications and acknowledgments and signatures required by Section 16.08.130 of this title have been duly stated and obtained;
5. Inspection and street sign fees have been paid;
6. Proposed covenants are in satisfactory form and ready for recording with the final plat;
7. Any other supplementary materials required by this chapter or by the council have been satisfactorily completed. If the council affirmatively makes the above determinations, the mayor shall inscribe and execute the council’s will on the face of the original drawing and mylar copies of the final plat. If the council withholds approval, it shall return the plat sheets and supplementary material to the applicant and provide a statement of reasons for its decision and of the changes necessary to permit granting approval.
G. The director shall file the original drawing of the final plat for recording with the Cowlitz County auditor. One reproduced full copy on mylar material shall be retained by the city. One paper copy shall be filed with the Cowlitz County assessor. At least six paper copies shall be retained by the city clerk-treasurer. The subdivider shall be responsible for all fees associated with filing. (Ord. 1211 § 2 (part), 2007).

The final plat shall be drawn in indelible ink on a sheet of mylar having dimensions of eighteen by twenty-four inches, or approved substitute, and on a standard recorder’s plat sheet eighteen by twenty-five inches, with a three-inch-wide hinged binding on the left border. If more than one sheet is required, the sheets shall be numbered and indexed. The scale may range from fifty feet to the inch to two hundred feet to the inch. All signatures on the mylar and recorder’s plat sheet shall be originals. The final plat shall show the following information:
A. Name of the subdivision, date, north-pointing arrow and scale;
B. Boundary lines of the subdivision tract, with courses and distances marked thereon, as determined by field survey made by an engineer or land surveyor registered in the state of Washington, and determined by them to close with an error of not more than one foot in five thousand feet;
C. Lines, including centerlines, and names for all street rights-of-way, other ways, easements and areas intended for public use or granted for use of inhabitants of the subdivision;
D. The length and bearing of all straight lines, curves, radii, arcs and tangents of curves;
E. Exact width and purposes of rights-of-way, street pavement width and easements;
F. Dimensions along each line of every lot in feet and decimals of a foot to the nearest hundredth, with the true bearings, and any other data necessary for location of any lot line in the field;
G. Primary control points and all permanent monuments found or established in accordance with this chapter, with descriptions and ties to such control points and to which all dimensions, angles, bearings and similar data given on the plat shall be referred;
H. Section and donation land claim lines within and adjacent to the subdivision;
I. The front yard setback line for every lot in accordance with the zoning ordinance;
J. The names of all subdivisions immediately adjacent to the subdivision;
K. A metes and bounds legal description of the subdivided tract;
L. All dedication of land shown clearly and precisely on the face of the plat;
M. All open space, facilities and improvements reserved for use of the subdivision residents and restrictions on their use shown clearly and precisely on the face of the final plat;
N. The parcel numbers written along the left border of the mylar parallel to the left border;
O. The street address of each lot and lot numbers as correspond with those on the construction drawing;
P. Statement of the covenants restricting use of subdivision property or reference to the volume and page where recorded separately;
Q. Reference points to base flood elevations with the base flood elevations listed;
R. Dedication, Acknowledgment and Endorsement. The following information shall appear on the final plat, mylar and recorder’s plat sheet, lettered and signed in ink:

Modifications to an approved preliminary plat prior to final plat approval and recording may be approved consistent with this section. For the purposes of this section, “modification” shall mean any change to an approved preliminary plat and associated conditions required by the city.
A. Modifications that result in an increase in density or a change in design that has the potential to substantially impact abutting properties or result in a substantial departure from the approved preliminary plat as determined by the city, shall be referred to the planning commission for recommendation, with final decision issued by the city council and shall require public notice and hearing in accordance with the preliminary plat process outlined in this chapter. At the city’s discretion, modification requests that are considered minor in scope will be processed administratively by the city, upon review by city staff.
B. A modification granted by the city council or administratively approved by the city for individual cases applicable to specific properties shall be subject to the following:
1. Any decision granting or denying a modification request shall be in writing and supported by findings of fact and conclusions which address the criteria for modification as follows:
a. There will be no significant adverse impact to neighboring property or the general public as a result of the modification.
b. The modification is not contrary to the purpose section of this title or to any policy or provision of the Kalama comprehensive plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans.
c. The modification is consistent with the adopted standards.
d. The modification protects the public interest and will result in a preferred design as determined by the city.
C. Conditions may be required to protect the public interest, achieve compliance with the comprehensive plan, and to mitigate any adverse impacts resulting from approval of the modification. (Ord. 1211 § 2 (part), 2007).