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HomeMy WebLinkAbout64A-93 - Ord. Amending MCC Title 16 Plats & Subdivisions ORDINANCE NO, 64A-9 IN THE MATTER OF: AMENDING MASON COUNTY CODE TITLE 16 PLATS AND SUBDIVISIONS FOR COMPLIANCE WITH SECTIONS 51 AND 52 OF SHB 2929 THE GROWTH MANAGEMENT ACT. WHEREAS, the Board of Mason County Commissioners did on December 20, 1971, adopt a Plats and Subdivision Ordinance for Mason County, with amendments proceeding on July 1, 1974, May 10, 1976, April 30, 1979, September 14, 1981, April 19, 1989, and March 26, 1991, with reference to RCW 58.17. WHEREAS, The Washington State Legislature has amended portions of RCW 58.17 through sections 51 and 52 of SHB 2929, the Growth Management Act which require local jurisdictions to amend related local ordinances for compliance. WHEREAS, the Mason County Planning Commission held a public hearing on May 17, 1993 to consider all testimony regarding the proposed amendments. WHEREAS, The Mason County Planning Commission has reviewed all testimony and exhibits and recommended approval of the amendments. WHEREAS, the Board of Mason County Commissioners held a public hearing on June 29, 1993 for the purpose of considering public testimony, reviewing the Planning Commissions recommendation, and to deliberate on action to be taken. NOW, THEREFORE, BE IT HEREBY ORDAIN-ED, that the Board of Mason County Commissioners hereby AMEND Title 16, Mason County Code Plats and Subdivisions, as follows: AMENDMENTS TO TITLE 16 FOR COMPLIANCE WITH SECTION 51 AND 52 of GROWTH MANAGEMENT ACT (2929) REVISIONS: 16 . 04 . 020 Purpose. (a) Subdivisions. The purpose of this title (excluding 16 . 36) is to regulate the subdivision of land and make appropriate provisions for public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, light and air, ingress and egress, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, other public requirements, and shall consider all other relevant facts, including sidewalks and/or other planning features that assure safe walking conditions for students who only walk to and from school; and to require uniform monumentation of land subdivision and conveyancing by accurate legal description. (b) Short subdivisions . The purpose of Chapter 16 .36 is to regulate the division of land into four (4) or fewer lots and make appropriate provisions for public health, safety, and general welfare, for open spaces drainage ways, streets or roads, light and air, ingress and egress, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, other public requirements, and shall consider all other relevant facts , including sidewalks and/or other planning features that assure safe walking conditions for students who walk to and from school; and to require uniform monumentation of land subdivision and conveyancing by accurate legal description. 16 . 16 . 060 Approval (a) The Planning Commission shall consider the preliminary plat at the next regularly scheduled meeting after the expiration of the 60 days required in section 16 . 16 . 010, and shall render a decision on such plat within forty days of the meeting at which the plat is first considered unless written permission is given by the applicant for a longer period of time. Prior to approval the Planning Commission shall make written findings that: (a) the preliminary plat makes appropriate provisions for public health, safety, and general welfare and for open spaces, drainage ways, streets or roads, light and air, ingress and egress, transit stops, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and/or other planning features that assure safe walking for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such land. If it finds that the proposed subdivision and dedication makes appropriate provisions and the public use and interest will be served, then the Planning Commission may recommend approval of the preliminary plat outright or conditionally to the Board of County Commissioners. 16 . 16 . 010 Application for Approval . at least sixty (60) days . . . 16 . 16 . 060 Approval Add to: (b) The Board of County Commissioners shall, prior to preliminary plat approval, make written findings that: (a) appropriate provisions are made for the public health, safety, and general welfare and for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and all other relevant facts, including sidewalks, and/or other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication. If it finds that the proposed subdivision and dedication makes appropriate provisions and the public use and interest will be served, then the Board of County Commissioner shall approve the proposed subdivision and dedication. 16 . 36 . 025 Procedure Administrative Determinations . ...................... 16 .36 . 025 (B) Procedure Administrative Written Findings. The Administrator shall, prior to final short subdivision approval, make written findings that: (a) 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 schoolgrounds, and all other relevant facts, including sidewalks, and/or other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such land into four (4) or fewer lots . If it finds that the proposed short subdivision makes appropriate provisions and the public use and interest are served, then the Administrator shall approve the proposed short subdivision. Written findings shall be made on a cover sheet to the short subdivision application and shall be signed by the administrator. 16 . 04 . 070 RCCAPO CONFORMANCE. All subdivisions, short subdivisions, and large lot subdivisions shall be reviewed for conformance with the Mason County Resource Conservation and Critical Area Protection Ordinance. 16 .20 . 010 FINAL PLAT APPROVAL. The Board of County Commissioners before approving the final plat shall make written findings that: (a) the Final Plat makes appropriate provisions for public health, safety, and general welfare and for open spaces, drainage ways, streets or roads, light and air, ingress and egress, transit stops, potable water supplies, sanitary wastes, other public ways, parks and recreation areas, playgrounds, sites for schools and school grounds, and all other relevant facts, including sidewalks and/or other planning features that assure safe walking for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such land. '."his ordinance shall be in full force and effective this date. DATED this 29th day of June , 1993 BOARD OF MASON COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Lit _ Chairperson Commissioner Commissioner ; ATTEST: Clerk of the Board .. PROVED AS TO FORM: Prosecuting Attorney )