Chapter 16.12
SHORT PLATS AND
SHORT SUBDIVISIONS
Sections:
16.12.020 Administrator’s duties.
16.12.040 Application and fees.
16.12.050 Requirements for a complete application.
16.12.055 Short plat review and approval.
16.12.070 Criteria for approval.
16.12.080 Findings and conclusions.
16.12.110 Filing – Dedication.
16.12.160 Resubdivision prohibited.
16.12.010 Applicability.
Every division of land for the purpose of lease or sale into two or more but less than 10 lots, plots, sites, parcels or tracts, within the incorporated area of the city, shall proceed in compliance with this chapter. Any real property which appears on the latest adopted Douglas County tax roll as a single parcel, lying within the city even though it contains two or more platted lots, shall be subject to provisions of this chapter. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 282 § 3.00, 1979)
16.12.020 Administrator’s duties.
The administrator is vested with authority to summarily approve or disapprove proposed short plats. The administrator may prepare and require the use of such forms as he/she deems essential to his responsibilities under this chapter. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 282 § 3.02, 1979)
16.12.030 Exception.
Repealed by Ord. 21-09. (Ord. 282 § 3.04, 1979)
16.12.040 Application and fees.
Any person desiring to divide land into nine or less lots for the purpose of lease or sale shall complete an application for short plat approval and file it with the administrator. At the time the applicant files an application with the administrator, he/she shall pay a nonrefundable filing fee. The city council shall set the amount of the nonrefundable filing fee for short plat approval by resolution.
In addition to the nonrefundable filing fee, the applicant shall reimburse the city for the actual costs the city incurs for engineering fees in processing the application. The applicant shall become obligated to pay and shall reimburse the city for these engineering fees as the city incurs them.
Until the applicant has paid the nonrefundable filing fee and paid for all the engineering fees incurred by the city, the applicant will not receive final approval of the short plat.
The applicant shall also be responsible for paying the cost of county fees for recording the final short plat map and any documents necessary and associated with the short plat. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 07-11 § 4, 2007; Ord. 93-8 § 1, 1993; Ord. 91-3 § 1, 1991; Ord. 282 § 3.06, 1979)
16.12.050 Requirements for a complete application.
In addition to the requirements for a completed application set forth in EWMC 19.03.030, an applicant for a short plat shall comply with and submit the following:
A. Number of Copies. Four paper copies and one electronic version in PDF format.
B. A proposed short plat must include 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.
C. A drawing or map and accompanying materials submitted with the application shall provide the following information:
1. Name of subdivision, department file number, map scale and north arrow;
2. County assessor parcel number(s) and legal description of the land being divided;
3. The signature and seal of the land surveyor;
4. Boundary of land being subdivided based on relative accuracy procedures or field traverse standards, and meeting or exceeding those standards specified in Chapter 332-130 WAC;
5. Topographic contours sufficient to show the slope of the parcel to be divided;
6. All existing buildings and structural improvements, drainage channels and the general direction of flow of water;
7. Locations, names and widths of existing streets which provide access to the subject parcels and any other rights-of-way or easements;
8. The location of all easements shown with dashed lines and the purpose of easements indicated along with the auditor file number of the easement document;
9. The extent of flood hazard areas and corresponding base flood elevations;
10. Owners of adjacent land and the names of any adjacent subdivisions;
11. Lines marking the boundaries of the proposed lots and lots designated by number on the short plat within the area of the lot, and tracts similarly designated by letter. Each tract shall be clearly identified with the purpose and maintenance responsibility;
12. Accurate location of all existing and proposed permanent control monuments at each corner of the short subdivision consistent with RCW 58.17.240, and at all road intersections and curve control points that fall within the pavement or as approved by the city engineer;
13. Certificate giving full and complete description of the lands divided as they appear on the short plat, including a statement that the short subdivision has been made with free consent and in accordance with the desires of the owner(s). If the short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, and individual(s), religious society or societies or to any corporation, public or private, as shown on the short 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 the road. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided;
14. A title report or plat certificate issued within 30 days of application showing all persons having an ownership interest in the property to be divided, a legal description describing the exterior boundary of the site and listing all encumbrances affecting the site. Supplemental plat certificates must be provided to the department if the final short plat is not recorded within 30 days of the original certificate or supplemental certificate date. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 1, 1997; Ord. 282 § 3.08, 1979)
16.12.055 Short plat review and approval.
A. A short plat is a Type II application, and the administrator shall make the final decision. The application shall be processed as set forth in EWMC Title 19.
B. Criteria of Approval. The administrator shall approve or conditionally approve a short plat only if the findings and conclusions in EWMC 16.12.080 are met.
C. Preliminary Short Plat Approval. Preliminary approval shall be valid for five years from the date that the preliminary approval decision is mailed to the applicant. Within said five-year time frame, the applicant shall file a final short plat with the city.
D. Final Short Plat Approval.
1. Each final short plat filed with the city for recording shall be consistent with the preliminary short plat and all conditions of preliminary short plat approval.
2. A final short plat shall be prepared on forms 18 inches by 24 inches in size, with a two-inch border on one of the 18-inch sides to allow for binding, and one-half-inch borders on the other three sides. The two-inch border will typically be on the top or left side depending on the configuration of the drawing.
3. Materials shall be those acceptable for filing as specified in WAC 332-130-050 and be formatted consistent with requirements of the county auditor.
4. The administrator shall disapprove or approve the final short plat or return the short final plat to the applicant for modifications within 30 days after the date of filing of the final short plat unless the applicant agrees to an extension of time.
5. Each final short plat filed with the city for recording shall contain or be accompanied by the items listed in the notice of decision.
6. A written copy of protective covenants or agreements shall accompany the final short plat, if applicable.
7. Each final short plat filed with the city for recording shall contain the following approval and signature blocks, as applicable: county treasurer, city engineer, subdivision administrator, county auditor, and the health district. The property owner and the land surveyor shall execute their respective certificates prior to the administrator’s final decision. The approvals by city and county officials and employees shall be executed after the administrator’s final decision, if granted.
8. A written statement of approval signed by the director of the Department of Ecology as required by RCW 58.17.120 if any portion of the short subdivision lies within a flood hazard area established by Chapter 15.44 EWMC, as the same exists now or may hereafter be amended.
9. A disclosure statement shall be placed on the face of final short plats that are within a flood hazard area that advises property owners and potential purchasers of the potential flood hazard on the property, and that certain activities are subject to compliance with Chapter 15.44 EWMC, as the same exists now or may hereafter be amended.
10. Construction of Improvements. A final short plat shall not be filed for recording until the applicant has constructed or bonded for all improvements required by the administrator in the preliminary approval decision on the short plat.
E. Short Plat Revisions. Revisions to a preliminarily approved short plat shall be processed as a new short plat application. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 2, 1997)
16.12.060 Adequacy and distribution of plats and plans.
Repealed by Ord. 22-08. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 3, 1997; Ord. 282 § 3.10, 1979)
16.12.070 Criteria for approval.
The administrator shall approve the short subdivision and short plat after making a determination:
A. Whether the application complies with this chapter and Chapter 16.20 EWMC, as now exists or as may be hereafter amended; and
B. If appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and
C. Whether the public interest will be served by the short subdivision and dedication. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 4, 1997; Ord. 282 § 3.12, 1979)
16.12.080 Findings and conclusions.
The administrator shall not approve a short plat and short subdivision unless certain findings are made that:
A. The application complies with this chapter and Chapter 16.20 EWMC as now exists or as may be hereafter amended; or
B. Appropriate provisions are made for the public health, safety and general welfare 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 walk to and from school; and
C. The public use and interest would be served by the platting of such short subdivision and dedication. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 5, 1997; Ord. 282 § 3.14, 1979)
16.12.090 Subdivision review committee.
Repealed by Ord. 97-13. (Ord. 282 § 3.14.1, 1979)
16.12.100 Time frame for approval.
Repealed by Ord. 21-09. (Ord. 97-13 § 7, 1997; Ord. 282 § 3.14.2, 1979)
16.12.110 Filing – Dedication.
When the short subdivision is approved the administrator shall transmit the final short plat, including such instruments as are necessary to perfect any dedications, to the county auditor for recording. All dedications shall be noted on the face of the short plat. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 282 § 3.16, 1979)
16.12.120 Appeals.
Any decision of the administrator approving or disapproving any short subdivision may be appealed to the hearing examiner as set forth in EWMC 19.02.030 and 19.07.020. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 21-09 § 6 (Exh. A), 2021; Ord. 97-13 § 8, 1997; Ord. 282 § 3.18, 1979)
16.12.130 Planning commission action.
Repealed by Ord. 97-13. (Ord. 282 § 3.18.1, 1979)
16.12.140 Council action.
Repealed by Ord. 97-13. (Ord. 282 § 3.18.2, 1979)
16.12.150 Design standards.
All short subdivisions shall conform to Chapter 16.20 EWMC. The administrator or hearing examiner may impose the following requirements:
A. Lots. Lots created by a short subdivision shall not be of a size which is out of character with recommendations of the comprehensive plan.
B. Dedications. Dedication of utility easements and right-of-way shall be by separate instruments prepared by the city attorney in favor of and accepted by the city.
C. Utilities. Proof shall be provided that water supply and sewage disposal for each lot or parcel are adequate for the proposed use of land.
D. Improvements. There shall be installed such street and sidewalk improvements, water, sewer, electrical and telephone, utility lines, street landscaping, fire hydrants and other improvements as are deemed necessary.
E. Survey. A survey of all short subdivisions shall be conducted by or under the supervision of a registered land surveyor. The surveyor shall certify on the short plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 21-09 § 6 (Exh. A), 2021; Ord. 282 § 3.20, 1979)
16.12.160 Resubdivision prohibited.
Land within a short subdivision, the short plat of which has been approved within five years immediately preceding, may not be further divided until a final plat thereof has been approved and filed for record pursuant to Chapter 16.16 EWMC. (Ord. 21-09 § 6 (Exh. A), 2021; Ord. 282 § 3.24, 1979)