Chapter 16.10
SHORT SUBDIVISIONS
Sections:
16.10.010 Compliance required.
16.10.030 Boundary line adjustments.
16.10.050 Application – Content.
16.10.080 Application – Supporting documentation.
16.10.110 Review by planning director – Criteria.
16.10.130 Notice of approval of short plat.
16.10.140 Waiver of rights if failed to present appeal.
16.10.150 Procedures for documenting dedications.
16.10.160 Alteration or vacation of subdivisions.
16.10.170 Short plats within 300 feet of natural resource areas.
16.10.180 Survey discrepancy – Disclosure.
16.10.190 Final approval – Procedure generally – Recording.
16.10.200 Variation or modification – City council authority to modify requirements.
16.10.010 Compliance required.
Every division of land into nine or fewer lots, tracts, parcels, sites, or subdivisions for the purpose of sale or lease shall proceed in compliance with this chapter as well as any alterations or vacations of subdivisions. (Ord. 385 § 1, 1995; Ord. 364 § 1, 1993)
16.10.020 Applicability.
The provisions of this chapter shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions or the laws of descent;
(3) Divisions of land into lots or tracts each of which is one one-hundred-twenty-eighth of a section of land or larger or each of which is five acres or larger if the land is not capable of description as a fraction of a section of land; that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline; and
(4) Boundary line adjustments except as expressly addressed herein. (Ord. 364 § 2, 1993)
16.10.030 Boundary line adjustments.
Application for boundary line adjustments within an approved subdivision or short subdivision shall be presented to the planning director, who will issue a certificate of approval when he finds compliance with minimum zoning, health, building and similar regulations, and finds that the adjustment will not adversely affect access, easements or drainfields. The certificate shall be affixed to an amended short plat which shall contain the adjusted legal description and shall be effective upon being filed for record with the county auditor. (Ord. 364 § 3, 1993)
16.10.040 Redivisions.
(1) Boundary Line Adjustments. Application for boundary line adjustments within an approved subdivision or short subdivision shall be presented to the planning director, who will issue a certificate of approval when it is found that the proposed boundary line adjustment complies with the city’s minimum zoning requirements, health and safety regulations, building regulations, and other similar such codes. In addition, the planning director must make a finding, in order to grant approval for the adjustment, that the adjustment will not adversely affect access, easements or drainfields. The certificate shall be affixed to an amended short plat which shall contain the adjusted legal description and shall be effective upon being filed with the county auditor.
(2) Lot Consolidation. Application for a lot consolidation within an approved subdivision or short subdivision shall be presented to the planning director. The planning director shall approve the application only when the application is in the proper form established by the director, and upon certification by the owners of record that they understand that they are creating one lot for purposes of zoning and building. Further, the owners of record must also certify that they understand that the only way to remove the consolidation from the affected property is through the subdivision or short subdivision process. Upon receipt of the application and the certifications of the owner in the form of a covenant to be recorded with the county auditor’s office, the director shall approve the application; provided, that the proposed consolidated lot complies with the city’s minimum zoning requirements. There shall be no notice required for such action to adjacent property owners. An appeal of the planning director’s decision can only occur on a denial of the application and can only be brought forward by the applicant. All such appeals shall be to the city council. The approval of the planning director of the application shall be affixed to the covenant upon its being recorded with the county auditor’s office. (Ord. 460 § 1, 1999; Ord. 459 § 1, 1999; Ord. 364 § 4, 1993)
16.10.050 Application – Content.
The application shall contain the following information:
(1) The name, address, and telephone number of the subdivider;
(2) A certification by the subdivider showing the entire contiguous land in which there is an interest by reason of ownership by any person, firm or corporation in any manner connected with the development, and the names and addresses and telephone numbers of all such persons, firms and corporations;
(3) The existing zoning classification;
(4) The square footage computation of each lot or parcel sufficiently accurate to show that each such lot or parcel contains at least the sufficient footage to meet minimum zoning and health requirements;
(5) The source of water supply;
(6) The method of sewage disposal. (Ord. 364 § 7, 1993)
16.10.060 Application fees.
The following fee schedule shall be used for applications submitted pursuant to this chapter:
(1) Short plat: $250.00 application fee which includes the cost of the notice for the land use action.
(2) Boundary line adjustment: $150.00 application fee which includes the cost of the notice for the land use action.
(3) Lot consolidation: $50.00 application fee. (Ord. 460 § 1, 1999; Ord. 459 § 2, 1999; Ord. 385 § 2, 1995; Ord. 374 § 1, 1994; Ord. 364 § 7.5, 1993)
16.10.070 Application – Map.
A map shall be prepared on a sheet of paper or on reproducible material having dimensions of 8-1/2 inches by 14 inches and containing the following information:
(1) A legal description of the short subdivision and of the lots, tracts, and parcels therein, all approved and certified by a title company, or approved and sealed by a registered professional engineer or registered land surveyor. Where the legal description differs from the description of the short plat, a legal description of the contiguous land owned by the subdivider is required;
(2) The date, scale and north arrow;
(3) The boundary lines to scale of the tract to be subdivided and of each lot contained therein;
(4) The number assigned to each lot;
(5) The location and widths of any easements and rights-of-way for public services or utilities within the summary subdivision;
(6) The boundaries of all lands reserved in the deeds for the common use of the property owners of the summary subdivision;
(7) The location of permanent features, outside the lands to be subdivided, which will have an impact upon the short subdivision, such as all existing or platted streets adjacent to the short subdivision, watercourses, railroad rights-of-way, all utility rights-of-way, township lines and section lines;
(8) The names of any newly created public or private streets. Said names shall be approved by the Forks utilities superintendent and shall be consistent with Chapter 12.05 FMC and all amendments thereto. (Ord. 376 § 1, 1994; Ord. 364 § 8, 1993)
16.10.080 Application – Supporting documentation.
The following documentation shall accompany each application for approval of a short subdivision plat:
(1) If required by the planning director, a vicinity sketch clearly identifying the location of the property, the sketch having a scale not less than three inches to a mile;
(2) Copies of restrictions, if any, presently encumbering the land;
(3) Copies of restrictions, if any, proposed to be imposed upon the use of the land. Such restrictions, if approved by the city, must be recorded either prior to or simultaneously with the moment the short subdivision plat becomes effective;
(4) In any short subdivision where lots are served by a private street, the subdivider shall furnish copies of such further covenants or documents that will result in each lot owner having access thereto having the responsibility for maintenance of any private street contained within the short subdivision; and
(a) Such covenants or documents shall obligate any seller to give actual notice to any prospective purchaser of the method of maintenance of the private street, which notice shall be caused to be included in any deeds or contracts relating to such sale, and such covenants or documents shall be recorded either prior to or simultaneously with the moment the short subdivision shall become effective;
(b) Such covenants or documents shall be accompanied by a certificate showing interest of the persons signing the declaration of short subdivision and showing restrictions encumbering the land. (Ord. 364 § 9, 1993)
16.10.090 Time limits.
Short subdivision plats shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of submission thereof, unless the applicant gives written consent to the extension of such time period. (Ord. 364 § 10, 1993)
16.10.100 Minimum standards.
Upon the following subject matters, the public use and interest shall be deemed to require as a minimum the following standards:
(1) Each lot shall contain sufficient square footage to meet minimum zoning lot size requirements, or 7,000 square feet in the absence of minimum zoning lot size requirements.
(2) Bridges and storm drainage facilities shall be subject to the approval of the city utilities department.
(3) Where any abutting city street has insufficient width to conform to minimum street width standards for the city, sufficient additional right-of-way shall be deeded to the city if required to conform the abutting half to such standards.
(4) If the lots are to be served by septic tanks, soil data and percolation rates may be required by Clallam County. Notations regarding the conditions for Clallam County approval shall be inscribed upon the short plat.
(5) Lots within a short subdivision shall be designed so that lots adjacent to primary and secondary arterials do not require direct access, except that, if the subdivider presents proof that direct access to such lots is necessary to the development of his property, and the planning director so finds, direct access may be permitted. This shall not apply to any parcels of one one-hundred-twenty-eighth of a section or five acres or more.
(6) Access to the boundary of all short subdivisions shall be provided by an opened, constructed and maintained city street, except that access to the boundary of a short subdivision by a private street may be permitted where such private streets are otherwise permitted by this title.
(7) The maximum number of lots that may be served by a private street shall be four, unless modification is granted by the planning director. In all other cases, access to any lot shall be by an opened, constructed and maintained city street.
(8) If the subdivider uses a private street, each lot having access thereto shall have responsibility for maintenance of such private street. Any private street shall also contain a drainage and utilities easement. (Ord. 368 § 1, 1994; Ord. 364 § 11, 1993)
16.10.110 Review by planning director – Criteria.
The Forks planning director shall consider and review the proposed short subdivision with regard to:
(1) Its conformance to the general purposes of the comprehensive plan and to any other applicable laws and policies;
(2) Drainage ways, streets, alleys, other public ways, water supplies, and sanitary wastes, as applicable;
(3) The physical characteristics of the short subdivision site;
(4) All other relevant facts to determine whether the public use and interest will be served by the short subdivision. (Ord. 364 § 12, 1993)
16.10.120 Review process.
The planning director shall review proposed short subdivisions and shall approve, disapprove, or put conditions upon the proposed short subdivision. The planning director may only approve a proposed short subdivision if he/she can make written findings that provide the following:
(1) 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 school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
(2) The public use and interest will be served by the platting of such subdivision and dedication; and
(3) The proposed short subdivision is in conformity with any applicable zoning ordinance or other land use controls.
Any decision of the Forks planning director may be appealed to the city of Forks city council if done so in writing within 15 days of the planning director’s decision. The decision of the city council shall be substantiated by written findings of fact. (Ord. 364 § 13, 1993)
16.10.130 Notice of approval of short plat.
(1) After the planning director approves the short subdivision or short plat, notice of this decision shall be provided to the community by using the following methods:
(a) Posting notice, as described below, in a conspicuous place upon the property in question; and
(b) Posting notice at a designated location accessible by the public in City Hall; and
(c) Publication of the notice within seven days of approval in the newspaper of record for the city of Forks; and
(d) Mailing of the notice to property owners immediately adjacent to the property in question.
(2) For the purposes of this section, "notice" is defined as including the following:
(a) Description of the approved proposal; and
(b) Name of applicant; and
(c) Location of property subject to the proposal; and
(d) Legal description of the property; and
(e) Explanation of the appeals process available to interested parties, to include the impacts of failing to appeal; and
(f) Name, address, and telephone number of the planning director; and
(g) A statement stating that the proposal was approved, denied, or approved with conditions. (Ord. 391 § 1, 1995; Ord. 364 § 13.1, 1993)
16.10.140 Waiver of rights if failed to present appeal.
Failure to present an appeal in the manner required, and/or in the time period stated within the notice of the planning director’s decision waives any interested party’s right of appeal or right to challenge the approval of the short plat in any proceedings at a later date. (Ord. 391 § 1, 1995; Ord. 364 § 13.2, 1993)
16.10.150 Procedures for documenting dedications.
(1) If the short plat is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, 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 said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.
(2) Every short plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.
(3) An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid. (Ord. 364 § 14, 1993)
16.10.160 Alteration or vacation of subdivisions.
Alterations or vacations of subdivisions shall be processed as provided in RCW 58.17.212 (1993) or RCW 58.17.215 (1993) and all amendments thereto. (Ord. 364 § 15, 1993)
16.10.170 Short plats within 300 feet of natural resource areas.
All short plats within 300 feet of a natural resource area, as identified in Chapter 36.70A RCW, must contain a notice that the subject property is within or near designated resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 364 § 16, 1993)
16.10.180 Survey discrepancy – Disclosure.
Whenever a survey of a proposed short subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the short plat. As used in this section, "discrepancy" means:
(1) A boundary hiatus;
(2) An overlapping boundary; or
(3) A physical appurtenance, which indicates encroachment, lines of possession, or conflict of title. (Ord. 364 § 17, 1993)
16.10.190 Final approval – Procedure generally – Recording.
(1) After the planning director approves the short subdivision and short plat thereof, and the short subdivision and short plat meet all the requirements therefor and will serve the public use and interest, and the subdivider has provided for all the required documentation and certification, then written approval shall be inscribed upon the face of the short plat along with a statement from the owner(s) of the platted property that the short subdivision has been made with the free consent and in accordance with the desires of the owner(s).
(2) The action approving a short plat shall become effective if, within five working days, the applicant shall have filed the inscribed short plat for record with the county auditor. (Ord. 364 § 18, 1993)
16.10.200 Variation or modification – City council authority to modify requirements.
If the city council finds unusual hardship or extraordinary difficulties, the minimum requirements of this chapter may be modified to mitigate the hardship; provided, that the public use and interest is protected and the development is in keeping with the general spirit and intent of these regulations. (Ord. 364 § 19, 1993)
16.10.210 Enforcement.
In the event the subdivision and sale of lots in violation of the regulations of this chapter comes to the attention of the city, the city council may initiate an action to enjoin any transfer, sale, agreement, or option by making application for an injunction in the superior court. (Ord. 364 § 20, 1993)
16.10.220 Street signs.
As a condition of the approval of a final plat, the subdivision applicant shall purchase street signs from the Forks utilities superintendent at cost to be placed at all intersections within and bordering the subdivision that contain one or more private or public streets created by the subdivision. The street signs shall identify the names of the streets involved in the intersection. (Ord. 376 § 2, 1994; Ord. 364 § 21, 1993)