Chapter 19.67
SHORT SUBDIVISIONS
Sections:
19.67.030 Preliminary short plat approval.
19.67.040 Final short plat approval.
19.67.060 Issuance of building permit.
19.67.070 Limitations on further subdivision.
19.67.080 Contiguous short plats.
19.67.010 Purpose.
The purpose of this chapter is to:
(1) Regulate the subdivision of land into four or fewer lots in such a way as to promote the protection of the public’s health, safety and general welfare;
(2) Ensure the orderly development of the city consistent with the comprehensive plan, zoning ordinances, and state planning statutes;
(3) Establish procedures which promote the timely review of short subdivisions in the city; and
(4) Enable the conveyance of land, by accurate land description, by reference to an approved short subdivision. (Ord. 3089 § 1, 2009).
19.67.020 Scope.
(1) Except as provided in LMC 19.80.060 or a binding site plan under Chapter 19.90 LMC, any land being divided into four or fewer, lots, sites or parcels for the purpose of conveyance shall meet the requirements of this chapter.
(2) Creation of tracts may be in addition to the lot count; provided, that the tract is reserved as forested lands, part of the open space network, serving as stormwater detention or set aside as an unbuildable area due to critical lands. (Ord. 3089 § 1, 2009).
19.67.030 Preliminary short plat approval.
(1) Preapplication Conference. A preapplication conference is not required but is strongly encouraged. A preapplication conference is nonbinding and advisory in intent and effect.
(2) Application/Fees. The following items are required, in quantities specified by the city of Longview, for a complete short plat application for preliminary approval. Items may be waived if, in the judgment of the community development director, they are not applicable to the proposal:
(a) Completed preliminary short plat application form as prescribed by the community development director with the applicable application fee;
(b) A completed application checklist;
(c) A complete, signed SEPA checklist application, if required;
(d) Complete applications for other required land use approvals, (i.e., special use, shoreline permit, critical area permit) applicable to the proposal;
(e) Vicinity map showing location of the site; and
(f) Site and development plans which provide the following information, drawn to an engineering scale on a standard sheet of paper and including the name of the plat, graphic scale and north arrow:
(i) The names of owners of adjacent land and the names of any adjacent subdivisions;
(ii) Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted);
(iii) Locations of existing and proposed public street rights-of-way and easements and private access easements;
(iv) Footprint and setbacks of all existing structures on the site;
(v) Lot area; lot line dimensions and average widths for each lot;
(vi) Location of proposed new property lines and numbering of each lot;
(vii) Location, dimensions and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements;
(viii) Location of any proposed dedications;
(ix) Existing and proposed topography at two-foot contour intervals, extending to five feet beyond the project boundaries;
(x) Location of any critical areas, critical area buffers, and existing trees as required under LMC Title 17;
(xi) Description, location and size of existing and proposed storm drainage facilities; and
(xii) Locations of all fire hydrants within 500 feet of the proposal.
(3) Review Procedures.
(a) Referral to Other Departments. Upon receipt of an application for a short subdivision, the community development department shall transmit 12 copies of the application to the public works department and one copy to any other department or agency deemed necessary to review the proposal.
(b) Additional Submittals. The review process will determine if additional studies or submittals are required with regard to SEPA, critical areas, archaeological or historical significance. Also during the review process, the city engineer will determine if additional studies are needed such as, but not limited to, the following:
(i) Stormwater Report, Traffic Impact Analysis and Erosion Control Plan. If further material is required, the review process cannot be completed until the required information is submitted to the planning department by the applicant.
(c) Proposed short subdivisions located adjacent to the right-of-way of state highways shall be submitted to the Washington Department of Transportation (WSDOT) for review, consideration and recommendation. This condition may be satisfied as part of the SEPA process. However if a SEPA checklist is not required, the community development department shall notify WSDOT of the proposal. Recommendations from Washington Department of Transportation, if received in a timely manner, shall be included in the conditions of approval for the short subdivision.
(d) Community Development Director. The community development director may approve, approve with modifications, or deny the application for a preliminary short plat. No formal meeting is required so long as the community development director obtains the recommendations and consent of the other members of applicable departments or agencies before issuing a decision.
(4) Criteria for Preliminary Short Plat Approval. The community development director shall base his decision on an application on the following criteria:
(a) The proposed short plat is in conformance with the Longview comprehensive plan and any other city adopted plans;
(b) Public improvements may be required of any short subdivision and shall by installed at the expense of the owner. Unless otherwise noted, all designs shall be consistent with the Kelso/Long view standard plans and specifications; provided, that if a conflict exists between two different standards, the required design shall be determined by the city engineer. The standards within LMC 19.80.130 shall be followed in the development of all subdivisions and shall be considered minimum standards;
(c) Provisions have been made for dedications, easements and reservations;
(d) Appropriate provisions are made to address all impacts identified by the transportation impact analysis, if one was required;
(e) The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended;
(f) Provisions are made for the maintenance of commonly owned private facilities;
(g) The short plat complies with the relevant requirements of the Longview short subdivision code;
(h) The short plat complies with the requirements of the Longview zoning code and other relevant local regulations; and
(i) That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. (Ord. 3089 § 1, 2009).
19.67.040 Final short plat approval.
(1) Application. The following items are required, in quantities specified by the community development director, for a complete application for final plat approval. Items may be waived if in the judgment of the community development director the items are not applicable to the particular proposal:
(a) Completed short plat final approval form and applicable fees;
(b) Completed application checklist;
(c) A plat certificate from title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval;
(d) Documentation of the square footage of each lot and mathematical boundary closure of the subdivision and of each lot and/or tract showing the error of closure, if any;
(e) Three copies of the final plat survey in conformance with the standards set forth in LMC 19.80.170, as applicable;
(f) Public improvements must either be complete or secured. If secured, the developer/owner must submit a subdivision improvement bond or other financial security in a form acceptable to the city attorney in the amount of 150 percent of improvement cost of deferred improvement per LMC 19.80.210(3);
(g) City installation of water services and/or sewer laterals shall be in accordance with Kelso/Longview standard plans and specifications;
(h) Any documentation necessary to demonstrate conditions of preliminary plat approval have been met; and
(i) Private covenants intended to be recorded with the plat.
(2) Final Approval Review Procedures.
(a) Referral to Other Departments and Agencies. The planning division shall distribute the final plat to all departments and agencies that commented on the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary to review the approval.
(b) Departmental Approval. The public works department and other interested departments and agencies shall review the final plat and submit to the planning division written comments with respect to the final plat decision criteria.
(3) Criteria for Final Plat Approval. The community development director may approve the final plat provided:
(a) That the proposed final plat bears the required certificates and statements of approval;
(b) That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a subdivision improvement bond or other security in conformance with LMC 19.80.210;
(c) That the land surveyor certifies the plat as accurate;
(d) That the plat is in substantial conformance with the approved preliminary plat; and
(e) That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval.
(4) Signing the Plat. Once approved, two copies will be submitted for signature and shall include:
(a) Signatures on the following certificates on the face of the plat from the surveyor that prepared the plat.
(b) Signatures of the property owner(s) on the face of the plat.
(c) Signature and date lines for the city engineer, the Cowlitz County treasurer and the Cowlitz County auditor.
(5) Filing the Plat. The applicant shall file the final plat with the Cowlitz County auditor’s office. The plat will be considered complete when the signed and recorded copy of the plat is returned to the community development department. (Ord. 3480 § 1, 2023; Ord. 3089 § 1, 2009).
19.67.050 Expiration.
If the short plat is not recorded within five years of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the subdivider prior to the expiration date, the community development director may grant one extension of not more than one year. (Ord. 3089 § 1, 2009).
19.67.060 Issuance of building permit.
No building permit shall be issued prior to final plat approval and until completion of essential site improvements including but not limited to water distribution system including fire protection, sanitary sewer system, storm drain system, final street surfacing, traffic-control devices and street lighting, and other infrastructure as deemed adequate by the city engineer. No occupancy permit shall be issued prior to satisfactory completion of required improvements unless otherwise bonded for and approved by the city. (Ord. 3089 § 1, 2009).
19.67.070 Limitations on further subdivision.
Any land short platted shall not be further divided for a period of five years without following the provisions for subdivision. This provision applies to any lots, tracts or parcels recorded as part of the plat. (Ord. 3089 § 1, 2009).
19.67.080 Contiguous short plats.
No application for a short plat shall be approved if the land being divided is held in common ownership with a contiguous parcel that has been divided in a short plat within the preceding five years. (Ord. 3089 § 1, 2009).
19.67.090 Final acceptance.
(1) Administrative land use approvals are exempt from final acceptance by city council. The city community development director upon receipt and approval of the following will grant the final acceptance:
(a) Acceptance by the engineering department for completion of all punch list items including but not limited to:
(i) Computer disc containing final plat and as-built drawings;
(ii) Street signs; and
(iii) Landscaping requirements.
(b) A warranty bond for up to two years for public improvements equal to 10 percent of the cost of the improvements has been posted.
(c) Binding maintenance agreements have been recorded to provide for the maintenance of commonly owned private facilities.
(2) Upon final acceptance, buildings may be granted final occupancy at the discretion of the building division. (Ord. 3089 § 1, 2009).
19.67.100 Severability.
(1) These regulations shall not be construed as affecting the liability of any person or as waiving the right of the city under any provisions existing at the time of adoption of these regulations, or as annulling any right obtained by any person by lawful action of the city under provisions existing at the time of adoption of these regulations.
(2) If any part of these regulations or applications thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not impair the validity of the remainder of these regulations. (Ord. 3089 § 1, 2009).