Chapter 17.12
SHORT SUBDIVISIONS AND SHORT PLATS
Sections:
17.12.010 Exemption determination.
17.12.020 Compliance with SEPA.
17.12.030 Application and contents.
17.12.040 Design requirements.
17.12.050 Improvement requirements.
17.12.060 Approval and filing.
17.12.090 Time limits for completion.
17.12.095 Variance applications.
17.12.120 Effect of recordation.
17.12.130 Periods of validity.
17.12.005 Purpose.
This chapter is intended to describe the City of Ferndale’s requirements for short subdivisions and short plats. Short subdivisions and short plats are approved administratively unless a variance is requested and, as such, little if any deviations from the strict requirements of this code can be considered. Application materials for short subdivisions and short plats proposed pursuant to this chapter shall reflect the elements necessary to determine the proposal complies with the design requirements and regulations of the City of Ferndale. (Ord. 1734 § 1, 2012)
17.12.010 Exemption determination.
The Subdivision Administrator, upon request and payment of the required fee, shall determine whether or not a short plat is required. Whenever a proposed division of land is determined to be exempt from short plat requirements, the Subdivision Administrator shall record the exemption in a subdivision exemption file. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.020 Compliance with SEPA.
Short subdivisions and short plats upon lands covered by water, further short subdivisions and short plats within a subdivision or plat previously exempt from SEPA pursuant to WAC 197-10-170(10)(a), and short subdivisions and short plats no longer categorically exempt under subsequent amendments hereafter to Chapter 197-10 WAC will be subject to the State Environmental Policy Act as implemented by FMC Title 16 and will have additional procedures as specified therein to satisfy. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.030 Application and contents.
All short plats shall be submitted to the Subdivision Administrator together with the application fee and related information as described by the associated application materials available at the City of Ferndale website and City Hall. The Subdivision Administrator shall have up to 28 calendar days to determine application completeness. The application will be processed pursuant to FMC 14.09.030, Process 1 – Administrative decision. The Subdivision Administrator shall approve, disapprove or return for modification the short plat within 30 days of the date of the determination of complete application, unless the applicant consents to a time extension. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.040 Design requirements.
A. Except where the Hearings Examiner allows a variance pursuant to FMC 17.12.095, all the design requirements for plats set forth in Chapter 17.28 FMC shall be likewise required of short plats.
B. Where a dedication of right-of-way or additional rights-of-way abutting lots is necessary to satisfy the requirements, the land so dedicated shall be surveyed, shall be monumented unless the centerline thereof is already monumented, and a deed conveying same to the City shall be recorded with the county auditor at the time the approved short plat is approved. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.050 Improvement requirements.
A. Except where the Hearings Examiner allows a variance pursuant to FMC 17.12.095, all the improvements required for regular plats set forth in Chapter 17.28 FMC shall be likewise required of short plats.
B. Required improvements shall be constructed or installed, or an acceptable performance security (bond or bonds, assignment of savings) securing same, together with a commitment of nonopposition to any local improvement district, shall be submitted to the Public Works Director prior to short plat approval. In addition, bonds or other security may be required by the Public Works Director or Subdivision Administrator securing to the City the successful operation of the improvements for up to two years after short plat approval.
C. In-lieu payments may be allowed by the Public Works Director under the same conditions as set forth for plats in FMC 17.28.070, Chapter 12.14 FMC, and other applicable provisions of the FMC. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.060 Approval and filing.
A. The Subdivision Administrator, upon making the determination that the requirements set forth in this title are met and the public use and interest is served by the short plat, shall approve the short plat and shall require the submittal of final document(s) in a form suitable for signatures and filing as described by FMC 17.32.060 and 17.32.065. Upon receipt and signing of such document(s), the Subdivision Administrator shall forward it to the subdivider for filing unless an appeal has been filed pursuant to FMC 17.12.070. No short plat may be approved unless the Subdivision Administrator makes formal written findings that the proposed short subdivision is in conformity with all applicable zoning ordinances and other land use controls which may exist. The Subdivision Administrator shall conduct a transportation concurrency review of the application pursuant to Chapter 15.40 FMC, and shall indicate compliance with concurrency requirements in a formal response letter, prior to the conditional approval of the proposed short plat.
B. The Subdivision Administrator, upon making the determination to disapprove the short plat because of one or more of the requirements set forth in this title or the public use and interest have not been satisfied, shall issue such final decision by mailing to the applicant and the surveyor preparing the short plat notification of the disapproval and the reasons therefor. This action shall constitute the final disposition of the short subdivision application subject to the appeal rights of FMC 14.11.070, unless the notification allows for specific additional period of time in which to correct the deficiencies by modifying the short plat. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.070 Appeals.
A. An appeal of the decision of the Subdivision Administrator may be made to the Hearings Examiner if filed within 10 days after the date of the decision. Such appeal shall be filed in accordance with the provisions of FMC 14.11.070 and the processing of said appeal shall be in accordance with FMC 14.09.040.
B. An appeal from the decision of the Hearings Examiner shall be made to Whatcom superior court in accordance with FMC 14.11.080. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.080 Amendments.
Once a short plat has been recorded with the county auditor, it can be amended or vacated in whole or part in a manner not involving a resubdivision by recording an amended short plat in accordance with the following provisions:
A. 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.
B. The title of the amended short plat shall be:
Short Plat No. ______
Amending Short Plat No. ______
Entitled ______.
The second and third blanks shall be completed by applicant prior to submission of the amended short plat.
C. The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate.
D. The amended short plat shall not increase the number of lots, tracts, parcels, sites or divisions above the number which were created by the original short plat for a period of five years from the date of recording of the original short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this title.
E. Minor errors not involving a change in lines may be corrected by the surveyor upon approval of the Subdivision Administrator by recording an affidavit with the county auditor specifically referencing the short plat number and the correction.
F. When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.090 Time limits for completion.
Any application for a short plat which is not completed by final approval and filing with the county auditor within 24 months of the date of conditional approval shall be considered abandoned unless the time limit is extended for one year by the Subdivision Administrator for good cause at the request in writing of the subdivider, their successors, or their assigns; then it shall be considered abandoned if not so approved and filed by the extended deadline set by the Administrator. Only one such extension shall be approved and no action shall be taken on an abandoned short subdivision application without resubmission and payment of necessary fees. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.095 Variance applications.
The Hearings Examiner may authorize variances from the strict compliance with the short plat requirements of this title. Variance requests shall be filed and processed in accordance with FMC 14.09.040. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.100 Variance approval.
In granting an approval for a variance from short plat requirements, the Hearings Examiner must find all of the following:
A. That the public interest does not require strict compliance with the specified short plat requirements because the proposed short plat is clearly in an area or of a type that will not likely add to or result in any type of urbanization or increased density of use in the foreseeable future.
B. That the variance would not confer a special benefit upon the persons or property that would not be equally available to all persons or property under the same circumstances.
C. That the hardship to the applicant outweighs the public benefit to be derived from strict compliance with the specified short plat requirement(s).
D. That fairness could be achieved and the public interest secured by the granting of the variance. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.110 Resubdivision.
Once property is short platted, 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 final plat has been approved and filed for record pursuant to the regular plat provisions of this title. In the case of a proposed redivision of land within a short plat or a regular plat, either the short plat or plat provisions of this title and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the land and/or the period of time that has elapsed since the recording of a prior short plat. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.12.120 Effect of recordation.
Filing of a short plat for record authorizes the sale, lease, offer or advertising for sale or lease of the lots included therein, unless and until the City discovers a misrepresentation or material irregularity in the proceeding justifying the City’s filing of a revocation of its approval specifying the reasons therefor with the County Auditor, or unless the same is restrained pursuant to RCW 58.17.320. (Ord. 1914 § 1, 2015)
17.12.130 Periods of validity.
A. Any lots in a short plat filed for record shall be a valid land use not withstanding any change in zoning laws for a period of five years from the date of filing.
B. An approved and recorded short plat shall be governed by the terms of the final approval thereof, and the statutes, City ordinances, and development regulations in effect at the time of approval for a period of five years from the date of final short plat approval, unless the City finds that a change in conditions creates a serious threat to the public health or safety in the short plat or surrounding area.
C. Any dedication, donation or grant as shown on the face of the short plat shall be considered, for all intents and purposes, as a quit claim deed to the donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors. (Ord. 1914 § 1, 2015)
17.12.140 Administration.
A. The Subdivision Administrator is vested with the duty of administering and interpreting the short plat provisions of this title and with the authority to summarily approve, disapprove or return for modification proposed short plats.
B. The Subdivision Administrator may prepare and require the use of such forms as deemed necessary to administer this title. (Ord. 1914 § 1, 2015; Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006. Formerly 17.12.120)