Ordinance 32300006.900000
WSS /gjz
10/7/98
10 /13 /98gjz
ORDINANCE NO. 3230
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
SECTION 20.75. 100 TO CONFIRM A FIVE YEAR LIFE FOR
A PRELIMINARY PLAT AND PRELIMINARY SHORT PLAT
APPROVAL, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, pursuant to Ordinance No. 3190, the City established a five year life
for preliminary plat and preliminary short plat approvals, pursuant to amendments to RCW
58.17.140, and
WHEREAS, contemporaneous with the passage of Ordinance No. 3190, a
separate Ordinance No. 3211 was enacted which erroneously contained the term three year plat
time limit provisions, and
WHEREAS, the City wishes to confirm prior changes to conform the City
ordinance with the provisions of state statute; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 20.75.100 Preliminary Approval -Time Limit is hereby
amended to read as follows:
212444.10 -1-
20.75. 100 Preliminary Approval -Time Limit.
Approval of a preliminary plat or preliminary short plat shall
expire and have no further validity at the end of five years, unless
the applicant has acquired final plat or final short plat approval
within the five year period. The five year period for subdivisions
shall commence upon the date of preliminary plat approval by the
adoption of a written decision by the Edmonds City Council. The
five year period for preliminary plats of short subdivisions shall
commence upon the issuance of a final, written staff decision. In
the event that either the decision of the City Council or the staff is
appealed to the Snohomish County Superior Court, the five year
period shall commence upon the date of final confirmation of the
preliminary plat or preliminary short plat decision by the judiciary.
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR, BARBARA S. FAHEY
ATTEST /AUTHENTICATED :
" : � P zx�' �
CITY CLERK, SANDRA S. CHASE
212444.10 -2-
APPROVED AS TO FORM:
OFFICE OF HE TY AT
BY
FILED WITH THE CITY CLERK: 10/30/98
PASSED BY THE CITY COUNCIL: 11/02/98
PUBLISHED: 11/08/98
EFFECTIVE DATE: 11/13/98
ORDINANCE NO. 3230
212444.10 -3-
SUMMARY OF ORDINANCE NO. 3230
of the City of Edmonds, Washington
On the 2nd day of November, 1998, the City Council of the City of Edmonds, passed
Ordinance No. 3230. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF SECTION 20.75.100 TO CONFIRM A FIVE YEAR LIFE FOR A
PRELIMINARY PLAT AND PRELIMINARY SHORT PLAT APPROVAL, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 3rd day of November, 1998.
CITY CLERK, SANDRA S. CHASE
RCW 58.17.140 Time limitation for approval or disapproval of plats -- Extensions.
Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or
returned to the applicant for modification or correction within ninety days from date of filing
thereof unless the applicant consents to an extension of such time period or the ninety day
limitation is extended to include up to twenty -one days as specified under RCW 58.17.095(3):
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 local government agency. Final plats and short plats shall
be approved, disapproved, or returned to the applicant within thirty days from the date of filing
thereof, unless the applicant consents to an extension of such time period. A final plat meeting
all requirements of this chapter shall be submitted to the legislative body of the city, town, or
county for approval within five years of the date of preliminary plat approval. Nothing contained
in this section shall act to prevent any city, town, or county from adopting by ordinance
procedures which would allow extensions of time that may or may not contain additional or
altered conditions and requirements. [1995 c 68 § 1; 1986 c 233 § 2; 1983 c 121 § 3; 1981 c 293
§ 7; 1974 ex.s. c 134 § 8; 1969 ex.s. c 271 § 14.]
NOTES:
Applicability -4986 c 233: See note following RCW 58.17.095.
Severability -4981 c 293: See note following RCW 58.17.010.
Page[1]
Filed with City Clerk: 10-30-'78
Adopted by Reference
Ordinance #3230 on 11 A-98
.!T
City_Clerk.
STATE OF WASHINGTON,
COUNTY OF SNOHOVLISH,
SUMMARY OF ORDINANCE NO. 3230
of the City of Edmonds, Washington
On the 2nd day of November, 1998, the City Council of
the City of Edmonds, passed Ordinance No. 3230. A
summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
SECTION 20.75.100 TO CONFIRM A FIVE YEAR
LIFE FOR A PRELIMINARY
RELIMINARY SHORT PLAT P AT APPROVAL, AND
FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon re-
quest.
DATED this 3rd day of November, 1998.
SANDRA S. CHASE
City Clerk
:Published: November 8, 1998.
B -2 -1
sa.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of-Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
SLm mart' of Ordinance No . 3230
................... ............................ ................................................................ •......................
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
November..8.,... 1998 ...................... ............................. ..................................
..: ...................... ......... ............................. .. .. .. ...................... ...................... .........
d th t s id newsp per was reg rly di ribZ s subscribers
to ' of said pCiod.
l .... . . ...... ....... incipal Clerk
Subscribed and sworn to before me this....... 9th .............
November 19 98
o........ ......iae ... .
........................ .... ......... - - ---
Notary Publi c in and for the of ashl gi
residing at Everett, Snohomish Cou y.
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