(1) 
An application for a short plat is a Type II action regardless of whether the applicant is requesting a variance or deviation from the requirements of Chapters 17.35 and 17.40 TMC. A short plat application without a request for variance or deviation does not require a public hearing. See Chapter 14.05 TMC, Table 1.
(2) 
The administrator is vested with the duty of administering and interpreting the short plat provisions of this title and with the authority to summarily approve, approve with conditions, disapprove, or return for modification proposed short plats, provided, no short plat shall receive final approval without the public works director's approval and signature indicating such on the face of the plat.
(3) 
The administrator shall prepare and require the use of such forms as deemed necessary to administer this title.
(4) 
It shall be within the administrator's power to grant minor deviations from literal compliance with a requirement of this title insofar as the applicant can establish to the administrator's satisfaction all conditions enumerated in TMC § 17.15.060.
(Ord. 737 § 2, 2018)
If the proposed short subdivision includes lands covered by water, includes critical areas as defined herein, or if it is within a short subdivision previously exempted as such under WAC 197-11-800(6)(a), as now exists or is hereafter amended, SEPA review shall be conducted in accordance with Chapter 16.05 TMC and Chapter 197-11 WAC, as both now exist or are hereafter amended.
(Ord. 737 § 2, 2018)
(1) 
Preapplication Conference. The applicant shall schedule a preapplication conference as required by Chapter 14.05 TMC.
(2) 
An application for short subdivision shall be accompanied by a nonrefundable processing fee as specified in the adopted fee schedule. Upon determination by the administrator that the application is complete, the administrator shall request payment of the application fee. No application shall be deemed vested and formal review initiated until the application has been deemed complete and the application fee paid.
(Ord. 737 § 2, 2018)
(1) 
General Conditions and Requirements.
(a) 
The subdivision shall make adequate provision for roads, streets, curbs, gutters, sidewalks, street lighting circuits, alleys, extensions of municipal utilities (sewer and water), drainage ways, drainage facilities, irrigation water rights-of-way, other public ways or any municipal improvements as deemed necessary in conformance with the town of Twisp development standards manual and International Fire Code.
(b) 
The subdivision shall comply with all zoning and health regulations.
(c) 
The subdivision shall be consistent with the town of Twisp comprehensive plan.
(d) 
The subdivision shall provide for irrigation water rights-of-way pursuant to RCW 58.17.310 as now enacted or hereafter amended.
(e) 
A street lighting plan as may be required by the public works director must be provided.
(f) 
Unless an applicant for a preliminary plat approval requests otherwise, and the plat administrator agrees, a preliminary plat shall be processed simultaneously with the application for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to those actions permit simultaneous processing.
(g) 
Every decision or recommendation made under this chapter by the town council or planning commission shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.
(h) 
After filing with the administrator, preliminary plats of any proposed short subdivision shall be approved, disapproved or returned to the applicant for modification within the period provided in RCW 58.17.140.
(i) 
Additionally, the applicant shall be responsible for all contracted staff review expenses, consultant fees incurred to be able to review the application, publication costs and the costs of any independent inspector employed by the town to inspect installations of utilities, roadways and pedestrian improvements to be delivered to the town upon completion as a condition of the platting process. This inspector will be on site as requested by the town. Written reports documenting that the project is constructed per the approved set of plans, specification, and town's development standards manual shall be submitted to the public works director. The applicant is responsible for all costs for environmental impact study, traffic studies, soil studies, and other reports required for project evaluation.
(j) 
A plat certificate from a title company licensed to do business in the state of Washington dated within 30 days of the date of filing of the final plat and application with the plat administrator confirming that the title of the lands as described and shown on the plat is in the name of the owners signing the subdivision plat or instrument of dedication.
(2) 
Specific Conditions and Requirements.
(a) 
Application for a short subdivision shall be submitted to the administrator in accordance with Chapter 14.05 TMC and include a legibly drawn representation with dimensions of the parcel to be divided and the lot lines to be created in carrying out the short plat. The application shall be accompanied by a digital and seven paper copies of the full application. At the discretion of the administrator, the requirement that seven paper copies of the application be submitted may be waived.
(b) 
A copy of any existing or proposed covenants for the property shall also be included with the application information. If necessary to clearly show the necessary information, a larger drawing may be attached and referenced in the application form.
(c) 
Drawing scale shall not exceed one inch = 100 feet.
(d) 
The preliminary plat shall contain the following:
(i) 
Name of proposed subdivision;
(ii) 
Boundaries of proposed subdivision established by the preliminary survey;
(iii) 
Location and dimensions of all existing and proposed irrigation water easements or rights-of-way on and adjacent to the proposed subdivision;
(iv) 
Legal description of land within the proposed subdivision;
(v) 
Any proposed land dedications;
(vi) 
Name, address and seal of the registered land surveyor who made the preliminary survey;
(vii) 
The date of the preliminary survey;
(viii) 
Monuments found and established during the preliminary survey;
(ix) 
Date map is prepared, scale and north point of the map. Approximate proposed lot lines with their dimensions, including lot numbers and block numbers;
(x) 
If any of the parcels can be further divided or if only a portion of a tract is being divided, location of future streets, alleys and lot lines shall be shown by dotted lines;
(xi) 
A vicinity map at a scale of not more than 400 feet to the inch, except that the consulting engineer, subject to a request prior to plat submittal, may approve an alternative vicinity map scale exceeding 400 feet to the inch. The vicinity map shall show all adjacent parcels. It shall show how the streets and alleys in the proposed subdivision may connect with existing and proposed streets and alleys in neighboring subdivisions or unplatted property to produce an advantageous development of the entire neighborhood;
(xii) 
Provide recommended street names for approval;
(xiii) 
A site plan on a separate sheet showing the following information:
(A) 
Location and sizing of existing and proposed utilities including water, sewer, storm drains, electricity, gas, street lighting, curbs and sidewalks, telephone and cablevision lines. Minimum size and scale shall be the same as the preliminary plat map,
(B) 
Existing and proposed structures and natural features and all proposed improvements within and adjoining the proposed subdivision,
(C) 
Topography of the area with a maximum of two-foot intervals of contours as required by the consultant engineer,
(D) 
Present zoning classification on and adjacent to property,
(E) 
Any deed restrictions or covenants existing or proposed shall be drawn on the site plan and preliminary plat map,
(F) 
A location where an ordinance, a long-range road program, or the comprehensive plan, indicates the need for a future road or street;
(G) 
Certification by a professional land surveyor licensed to practice in the state of Washington;
(H) 
Existing and proposed utilities serving the short subdivision including water and sewer;
(I) 
SEPA checklist, if required.
(Ord. 737 § 2, 2018)
(1) 
A proposed short plat of land not previously platted or short platted 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.
(2) 
A land survey need not be performed for proposed short plats of land previously platted or short platted; provided the land surveyor of record can demonstrate and the administrator concurs that all property lines and boundaries can clearly be established in accordance with applicable state laws. All proposed plat maps shall be prepared by or under the direct supervision of a registered land surveyor of the state of Washington.
(3) 
A short plat involving a dedication, public easement or right-of-way shall require a land survey.
(4) 
All proposed short plats requiring a land survey shall be referenced from two monumented section or quarter-section corners or to two other suitable permanent control monuments set in concrete and verified.
(5) 
All lot corners determined as a result of a land survey shall be established by the placement of permanent survey monuments set in concrete and verified.
(Ord. 737 § 2, 2018)
(1) 
Street, utility, lighting, and pedestrian way improvements in accordance with Chapter 17.35 TMC are required for each short subdivision and shall be consistent with the Twisp comprehensive plan, Twisp development standards manual, International Fire Code and the size, nature and availability of existing improvements which serve adjacent lots and lots in the immediate vicinity of the proposed short subdivision.
(2) 
The administrator, in consultation with the public works director, consulting engineer, fire chief and town planner, shall provide a written determination of improvements which will be required pursuant to the provisions of this section. Appeal of the administrator's determination of required improvements may be had in the same manner as provided for by TMC § 17.15.120.
(3) 
In the event the required improvements for a short subdivision are of a lesser size, quality or availability than those improvements which would be required of a long subdivision pursuant to Chapter 17.35 TMC, then each lot in the short subdivision shall be committed on the face of the short plat, as an obligation or covenant running with the land, to participate in future local improvement districts for the construction of improvements, in compliance with Chapters 17.35 and 17.40 TMC, as they exist at the time the local improvement district is formed.
(Ord. 737 § 2, 2018)
The administrator shall review and determine if the application is complete or incomplete in compliance and follow the requirements herein and of Chapter 14.05 TMC in processing the applications.The administrator shall determine within 30 days of receipt of a submittal deemed complete whether the short plat should be approved, approved with conditions, disapproved, or returned to the applicant for changes in light of the following criteria and requirements:
(1) 
The proposed short subdivision is in conformity with the comprehensive plan and any applicable zoning requirements or other land use controls which may exist;
(2) 
The proposed short subdivision provides access in accordance with the standards set forth in the town's development standards manual, Chapter 17.40 TMC and the International Fire Code or has received a deviation made by the planning commission;
(3) 
The proposed short subdivision meets the requirements of this title and all lots have been determined to be buildable or have been designated as nonbuildable lots;
(4) 
The public use and interest will be served by permitting the proposed division of land;
(5) 
The proposed short subdivision has access to adequate urban services;
(6) 
Bonding or other surety for required improvements as set forth in Chapter 17.35 TMC;
(7) 
Comments from commenting agencies can be adequately addressed.
(Ord. 737 § 2, 2018)
The administrator shall prepare a letter to the applicant indicating:
(1) 
Alternatively:
(a) 
That the short plat is approvable as submitted. Such a letter must contain written findings of fact which document the facts used by the administrator to approve the short plat. Said findings must include a finding that adequate urban services are available;
(b) 
That the short plat is approvable subject to certain specified conditions which must be met;
(c) 
That the short plat cannot be approved for specified reasons. Must also include findings of fact.
(2) 
That in the case of subsection (1)(a) or (1)(b) of this section, a short plat recording form completed properly together with appropriate fees and evidence of compliance with all required conditions may be submitted by the applicant within one year of the date of the notice without further review.
(3) 
The specific certification(s), such as required for any affected utility such as irrigation, electrical or telephone utilities, that must be completed within 30 days and included as part of the short plat filing form submittal.
(4) 
That the applicant or an affected party may file an appeal of the decisions and/or conditions of the administrator in accordance with TMC § 14.05.070.
(5) 
The administrator shall prepare and publish a notice of decision/action as required in Chapter 14.05 TMC.
(Ord. 737 § 2, 2018)
(1) 
The short plat recording form shall be completed by or under the supervision of a professional land surveyor of the state of Washington and shall be based on a survey of the property. Said survey shall be in compliance with the requirements of the Survey Recording Act, Chapter 58.09 RCW, as it now exists or is hereafter amended, including the establishment of monuments such that short plats must show all existing or established section corners and quarter section corners pertaining to the location of all lot corners of the short plat.
(2) 
The short plat submitted for filing shall be in accordance with the conditions specified in TMC § 17.15.070 at the conclusion of the administrator's review of the short plat submittal.
(3) 
In the event private accesses and/or utilities are used to serve the proposed short plat, whether exterior or interior, the following statement shall appear on the face of the short plat: "The Town of Twisp has no responsibility to build, improve, maintain, or otherwise serve any private road or utilities for this short plat." Access and maintenance easements must be provided to the town of Twisp at the location of each water meter or fire hydrant service line and hydrant if required. Standard forms will be provided by the town and shall be recorded and referenced on the face of the plat.
(4) 
Private utility easements shall serve each interior lot. Private utility easements may be included within the access easement and may serve as a joint use easement with the access easement.
(5) 
An ordinance certificate consisting of a report showing all parties having any interest in the land subdivided.
(6) 
The short plat recording form shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or equivalent and shall be 18 by 24 inches in size. Certification signature blocks need to be included on the face of the plat for (a) the Okanogan County treasurer and (b) town of Twisp administrator and public works director for the certification of compliance with applicable town of Twisp ordinance numbers.
(7) 
The short plat filing form shall be signed by all parties having ownership interest in the land being short platted and their signatures shall be notarized.
(8) 
Any easements previously filed shall have their auditor's file numbers.
(Ord. 737 § 2, 2018)
(1) 
A completed short plat meeting all of the requirements of this section shall be approved or approved with conditions by the administrator;
(2) 
As part of the approval, the administrator will complete written findings of fact that the proposed short subdivision has access to adequate urban services and is in conformity with all applicable zoning and land use controls of the town of Twisp; and
(3) 
Prior to signing the face of the plat and thus granting approval, the administrator must be sure that the Okanogan County treasurer and any owners with interest in the property being subdivided have signed the plat and that any other documents pertaining to the plat (e.g., covenants, conditions and restrictions, easements, quitclaim deeds, etc.) have been reviewed and filed with the Okanogan County auditor.
(Ord. 737 § 2, 2018)
(1) 
Filing of short plats shall be done with the Okanogan County auditor following certification by the Okanogan County treasurer that applicable property taxes have been paid. The filing of the short plat, including payment of the filing fees, is the responsibility of the applicant. A short plat is not considered final until it has been filed with the auditor.
(2) 
Said signed plat shall be filed and recorded with the Okanogan County auditor and a copy of such recordation provided to the town within one year of authorized signature or such approval will be null and void.
(Ord. 737 § 2, 2018)
Any lots in a short plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of two years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat and the statutes, ordinances and regulations in effect at the time of approval for a period of two years after final plat approval unless the town council finds that a change in conditions creates a serious threat to the public health and safety in the subdivision.
(Ord. 737 § 2, 2018)
Once a short plat has been recorded with the Okanogan County auditor, it can be amended or vacated in whole or part in a manner not involving a resubdivision into more than four lots from the original short plat. All proposed alterations or vacations, whether a public dedication is involved or not, shall be processed in accordance with Chapter 58.17 RCW. The provisions of Chapter 58.17 RCW as they relate to plat vacations and alterations are hereby adopted by reference. If the proposed alteration or vacation does not involve a public dedication, the altered short plat shall be processed in accordance with the following provisions:
(1) 
The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat.
(2) 
The ordinance of the altered short plat shall be:
Short Plat No.
Amending Short Plat No.
(3) 
The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites, or divisions within the original short plat as shown by a current ordinance certificate.
(4) 
Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the Okanogan County auditor specifically referencing the short plat by number and the correction.
(5) 
If the proposed alteration or vacation involves a public dedication, the altered short plat shall be processed in accordance with TMC § 17.25.060 and § 17.25.070.
(Ord. 737 § 2, 2018)
(1) 
Once property is subdivided into four lots in accordance with this chapter, no further division creating in any manner a greater number of lots, tracts, parcels, sites, or divisions than contained in the short plat shall be made for a period of five years from the date of recording of the short plat, unless a long subdivision (final plat, a Type IV action) has been approved and filed for record pursuant to Chapter 17.25 TMC except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries.
(2) 
In the case of a proposed redivision of land within a short or long plat, either the short subdivision or long subdivision provisions of this title and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the property and/or the period of time that has elapsed since the recording of a prior short plat.
(Ord. 737 § 2, 2018)
When deemed necessary, the town may retain outside consultants to evaluate any phase of plat review and construction. The cost of such services shall be borne by the developer who shall be billed for the actual cost to the town. Billings shall be tendered and payable within 30 days. If the developer (subdivider) believes the costs to be unreasonable, an appeal may be made to the town council for their review and determination.
(Ord. 737 § 2, 2018)
(1) 
A short subdivision may be made for the purpose of creating a portion of property to be deeded or dedicated to the town, any county, taxing district, governmental body, utility company or nonprofit community organization or foundation (whose articles or bylaws allow it to hold land for public use and benefit) for a designated use providing the remaining portion of property has sufficient lot area and dimensions, and meets all other criteria to comply with the applicable town regulations, for the intended purpose of the subdivision.
(2) 
Public purpose subdivisions may include deeded or dedicated streets, paths, trails and rights-of-way for public access purposes. If such subdivision's deeded path, trail or right-of-way traverses a parcel, such path shall not be considered a division of the underlying parcel nor subtract from the parcel size for density purpose.
(3) 
The administrator may approve a public purpose subdivision under the following circumstances:
(a) 
An application form made available by the administrator shall be completed including the following information:
(i) 
A legal description of the entire property;
(ii) 
A legal description of the property to be separated and deeded;
(iii) 
A statement of the specific public purpose;
(iv) 
Signature(s) of all owner(s) or their agent(s) having authority to deed the property involved in the application and the body or agency to receive the property; and
(v) 
Sufficient information to determine whether the public purpose parcel and the remainder meets the standards of TMC § 17.10.020, Buildable lot.
(b) 
The subdivision shall include in the instrument of transfer that, "The subject property was created for (purpose) under the public purpose provision of the Twisp subdivision code." Additionally, if the parcel subdivided does not meet the criteria for a "buildable lot" the following additional language shall be included on the instrument of transfer:
As long as the property is a public purpose parcel, building permits may be obtained consistent with the public purpose use for which the segregation was made; provided, that no structures for human habitation shall be erected. In the event that the parcel is no longer used for public purposes or is transferred out of ownership of the public entity, all zoning, subdivision, density requirements and other land use requirements must be met before any building permit can be obtained.
(4) 
A public purpose subdivision shall be recorded in the same general manner as described in TMC § 17.15.090 through § 17.15.100.
(Ord. 737 § 2, 2018)