Chapter 16.32
SHORT PLATS AND SUBDIVISIONS
Sections:
16.32.020 Authority to approve and procedure.
16.32.030 Submittal requirements.
16.32.040 Design of short plats – Standards.
16.32.050 Community and economic development and public works directors approval criteria.
16.32.060 Minimum improvements required.
16.32.070 Effective period of preliminary approval.
16.32.090 Modifications to an approved preliminary or final short plat.
16.32.100 Restrictions on further divisions.
16.32.110 Violations – Penalties.
16.32.005 Purpose.
Repealed by Ord. 3428. (Ord. 1912 § 1, 1978).
16.32.010 Purpose.
The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety and general welfare; to lessen congestion in the streets and highways; to provide for adequate light and air; to enhance the aesthetic qualities of life; to facilitate adequate provision for water, sewage and other public requirements; to provide for proper ingress and egress; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 3428 § 53, 2008).
16.32.020 Authority to approve and procedure.
A. The community and economic development and public works departments are delegated and assigned the administrative and coordinating responsibilities contained in this chapter and, pursuant to Chapter 58.17 RCW, shall have authority to approve, disapprove or modify any short plat. Preliminary short plats are processed as a Type II permit pursuant to Chapter 14.05 MVMC, with community and economic development and public works directors making a final decision after public notice but without a public hearing.
Following are the procedural steps required for the city to process a preliminary short plat:
1. A pre-application meeting is required per MVMC 14.05.110(B).
2. After the pre-application requirement is satisfied an applicant must submit all of the items listed within MVMC 16.32.030 to the community and economic development department.
3. The community and economic development department will initiate and complete the project review procedures and noticing requirements within MVMC 14.05.060 through 14.05.150 and the SEPA process outlined within Chapter 15.06 MVMC.
4. After the project review, noticing and SEPA requirements have been satisfied; and after the applicant has shown that after receiving preliminary short plat approval the final short plat will be able to meet all applicable federal, state and local requirements, the community and economic development and public works directors shall either approve, disapprove or approve with conditions the short plat.
5. Approval of the preliminary short plat shall constitute approval for the applicant to develop construction plans and specifications for facilities and improvements, as required, in strict conformance with the approved preliminary short plat, street and utility standards and any special conditions required by the directors; and to begin preparation of a final short plat. Permission shall not be granted for installation of required improvements until the short plat has been approved by the directors and all construction plans and specifications have been approved in writing by the directors.
B. After the preliminary short plat is approved through the process outlined in subsection A of this section, an applicant can proceed with completing the final short plat process. The community and economic development and public works departments shall have authority to approve, disapprove or modify any final short plats. Final short plats are processed as a Type I permit pursuant to Chapter 14.05 MVMC, with community and economic development and public works directors making a final decision without public notice or a public hearing.
1. Following approval of the preliminary short plat, the applicant, if they wish to proceed with the subdivision, shall submit to the community and economic development department complete sets of construction plans and specifications showing all improvements as required by the community and economic development and public works directors in granting the preliminary short plat. The construction plans and specifications shall be submitted to the community and economic development department accompanied by a construction plan check fee in the amount specified within the city’s current fee schedule. All construction plans and specifications shall be in conformance with the city’s street and utility standards.
2. Before the construction plans receive final approval, the community and economic development department shall complete and/or receive a construction inspection.
3. After the community and economic development department has approved the construction plans and specifications, the subdivider may then proceed to construct and/or install all of the improvements they were required to per the preliminary short plat approval. After the required improvements are constructed and/or installed the applicant may proceed as follows:
a. Prior to the submission of a final short plat for approval the applicant shall schedule a pre-application meeting with the community and economic development department per MVMC 14.05.110(B). At this meeting a checklist of information required for the submission of a final short plat will be prepared and provided to the applicant. Prior to the submission of a final plat for approval all streets, alleys, sidewalks, storm drainage, utilities, monumentation, street lights, trees, other landscaping, park improvements, critical area mitigation, and any other improvements specified within the preliminary plat approval shall be installed and completed by the subdivider to the satisfaction of the community and economic development and public works directors. Such improvements shall meet the standards specified in the Mount Vernon Municipal Code, the adopted engineering and community and economic development and city standards and policies. The applicant’s engineer shall be responsible for inspection and “as-built” drawings of all city-maintained utility improvements related to the subdivision.
b. A performance bond or cash security in the amount of 150 percent of the cost to construct required but uninstalled improvements may be posted in lieu of installation of improvements; provided, that such bond is recommended by the community and economic development and public works directors. Bonding or providing a cash security is approved only in circumstances that restrict the installation of improvements such as extreme weather or construction conflicts with other required improvements, etc.
c. The performance bond or cash security shall specify exactly what improvements are included and the community and economic development director will establish the timeline in which the improvements will have to be completed.
d. Prior to acceptance of public improvements, the applicant shall submit to the community and economic development department the original mylar construction drawings corrected to as-built information and a maintenance bond in the amount determined by the community and economic development department. In no case shall such bond be less than 10 percent of the total cost of the public improvements.
e. The subdivider shall promptly proceed with the completion of the bonded improvements. If, in the opinion of the community and economic development director, the subdivider has not proceeded toward the prompt completion of the bonded improvements, he/she may cause the bond to be updated with new estimates of cost on all incomplete improvements and all increased cost estimates shall be passed on to the bond. If these increased costs are not accepted by the surety, then the city shall foreclose on the bond. If all improvements are not completed promptly, the bond shall be forfeited and the city will undertake the installation and completion of all improvements with the forfeited bond money. (Ord. 3428 § 56, 2008).
16.32.030 Submittal requirements.
A. Maps for preliminary short plats shall include the following:
1. A map prepared by a state of Washington registered land surveyor in accordance with RCW 18.43.020 and Chapter 58.17 RCW, and Chapter 332-130 WAC, fully dimensioned, drawn at a horizontal scale of no less than 100 feet to the inch; or other scale specifically approved by the director and including the following:
a. Name of the proposed short plat (and space for the future city land use number);
b. Names, addresses and telephone numbers of the engineer and licensed land surveyor, and the names and addresses of all property owners;
c. An accurate and complete legal description of the property written or verified by a licensed land surveyor;
d. Date, graphic scale, and north arrow oriented to the top of the paper/plan sheet;
e. Vicinity sketch at a scale of not more than 1,000 feet to the inch showing the proposed plat in relation to surrounding land. All platted rights-of-way for a distance of at least one-quarter mile shall be shown, and additional area shall be illustrated, if necessary, to show connecting streets or arterials;
f. A drawing of the subject property with all existing and proposed property lines dimensioned, indicating the required yards (setbacks) with dashed lines;
g. Location of the subject site with respect to the nearest street intersections (including intersections opposite the subject property), alleys and other rights-of-way, showing how access will be provided to all lots, and the names, addresses, and tax identification numbers of the owners of record of property contiguous to the proposed short plat;
h. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations;
i. Contours and elevations at minimum two-foot vertical intervals to the extent necessary to predict drainage characteristics of the property. Approximate, estimated contour lines shall be extended at least 100 feet beyond the boundaries of the proposed short plat. The off site surveying requirement can be satisfied with topographic mapping from the city of other mapping resources that are approved by the director. In addition, where slopes are in excess of 20 percent, five-foot contours or greater can be approved by the director;
j. Horizontal control datum shall be that which is stipulated by WAC 332-130-060;
k. Location and dimensions of any existing and proposed structures, existing on-site trees, existing or proposed fencing or retaining walls, freestanding signs, and easements;
l. Location of existing conditions (such as wetlands, steep slopes, watercourses) and their associated buffers on or adjacent to the site which could hinder development;
m. The location of all wells and septic systems located on or near the project site;
n. Flood hazard information and boundary on the subdivision drawing including the nature, location, dimensions, and elevations of the subdivided area;
o. A legend listing the following included on the first sheet of the short plat plan:
i. Short plat;
ii. Proposed number of lots;
iii. Zoning and comprehensive plan designations of the subject site and the land adjacent and contiguous;
iv. Proposed square footage and acreage in each lot; and
v. Square feet and percentage of land in streets and open space; and
p. Access and Utilities. Indicate how the proposed subdivision will be served by streets and utilities, show how access will be provided to all lots, and the location of sewer and water lines.
2. In addition to the mapping requirements listed above, an applicant must submit all of the application materials listed within MVMC 14.05.210(B).
3. Each preliminary short plat application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. The fee for the environmental checklist review is not included in the application fee. No action shall be taken upon the application until the fee has been paid.
B. When the subdivider has completed and has received approval of the construction and installation of all improvements; or has submitted an approved performance bond in lieu thereof, they may then make application with the community and economic development department for approval of the final short plat. The application for final short plat shall be accompanied by the following:
1. Final short plat maps shall be prepared by a state of Washington registered land surveyor in accordance with RCW 18.43.010 and Chapter 58.17 RCW, fully dimensioned, drawn at a scale approved by the director. The size of the map shall be 18-inches by 24-inches with a minimum two-inch border on the left edge and one-half-inch border on all other sides. Before recording the original shall be in black ink on stabilized drafting film. The desired scale shall be one inch equals 50 feet unless otherwise approved by the director. The map shall contain all of the items stipulated within WAC 332-130-050 as it is currently written or as it may be amended in the future; along with the following information:
a. A title block shall be located in the lower right corner of the map;
b. The name of the proposed short plat, city land use number, and the location of the short plat shall be shown in the title block;
c. All plans shall show the name, address and telephone number of the surveyor/engineer, and the name and address of the applicant;
d. An accurate and complete legal description of the area to be incorporated within the short plat, written or verified by a licensed land surveyor;
e. Date, graphic scale, and north arrow;
f. Vicinity sketch at a scale of not more than 1,000 feet to the inch showing the proposed plat in relation to surrounding land. All platted rights-of-way for a distance of at least one-quarter mile shall be shown, and additional area shall be illustrated, if necessary, to show connecting streets or arterials;
g. Names, locations, widths and other dimensions of existing and proposed streets, alleys, easements, parks, open spaces and reservations. Shall show all utilities, streets, existing and new easements and associated covenants within or abutting the short plat. If a new easement is created on the plat, it must show grantee of easement rights. If the grantee is the city, a statement of easement provisions reserving and conveying the easement, with a description of the rights and purposes, needs to be made on the short plat;
h. Lots designated by number within the area of the lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose. Lot lines with all property lines dimensioned and square footage of each lot and tract;
i. Lot numbers;
j. Addresses for each lot and new street names determined by the CEDD;
k. Reservations, restrictive covenants, easements and any areas to be dedicated to public use with notes stating their purpose, and any limitations, and identifying the grantee. If the grantee is the city, a statement of provisions reserving, granting and/or conveying the area with a description of the rights and purposes must be shown;
l. All interior permanent control monuments located per state surveying standards;
m. Verification that permanent markers are set at corners of the proposed lots;
n. Statement of discrepancies, if any, between bearing and distances of record and those measured or calculated;
o. Location, dimensions, and square footage of any existing structures to remain within or abutting the plat;
p. Location of existing conditions (such as wetlands, steep slopes, watercourses) and their associated buffers on or adjacent to the site which could hinder development;
q. The location of all wells and septic systems located on or near the project site;
r. Reference to all agreements or covenants required as a condition of approval;
s. The surveyor’s seal shall appear on every page;
t. Certificates, approvals and dedications, the exact wording of which shall be approved by the CEDD and may be obtained at said office, for the following:
i. County auditor certificate;
ii. Owner(s) dedication, including signature space for all legal owners, mortgage or lien holders;
iii. Acknowledgements for all owner(s) signatures;
iv. CEDD and public works directors approvals;
v. Mayoral approval with attest from finance director;
vi. City finance director approval;
vii. County treasurer certificate;
viii. Surveyor certificate;
ix. Easement dedication; and
x. Certification showing that streets, rights-of-way and all sites for public use have been dedicated.
2. All other materials required to process a final plat shall be submitted as outlined within MVMC 14.05.210(B).
3. Each final short plat application shall be accompanied by a nonrefundable fee as set forth in Chapter 14.15 MVMC upon the filing of the application with the city community and economic development department. No action shall be taken upon the application until the fee has been paid. (Ord. 3428 § 57, 2008).
16.32.032 Design of short plats – Standards.
Repealed by Ord. 3428. (Ord. 3326 § 21, 2006).
16.32.034 Minimum improvements required.
Repealed by Ord. 3428. (Ord. 3326 § 22, 2006).
16.32.040 Design of short plats – Standards.
A. Lots shall adhere to the dimensional and area standards of the zoning ordinance (Title 17 MVMC).
B. This short plat code may not be used as a mechanism to avoid the requirements of the standard subdivision code where there are contiguous properties under common ownership, as defined below, that, but for the property boundaries, would be required to comply with the standard subdivision code.
1. The intent of these requirements is to prevent a property owner from using the short plat code to circumvent the requirements of the standard subdivision code by holding title to properties in different entities in which the property owner has or had a significant ownership interest. These requirements help to ensure that the city is able to complete a comprehensive review of a short plat application which includes the identification of possible impacts and which appropriately mitigates these identified impacts. As such, the following requirements shall apply:
a. A property owner that either: (i) submits a new application for short plat of property while the property owner has one or more other short plat applications pending for the same or contiguous parcels or property, or (ii) that applies for a short plat of the property owner’s property and who has recorded a short plat of contiguous property within five years of the date of the new application, must comply with the standard subdivision requirements of this title codified under Chapters 16.08 and 16.12 MVMC, if the total number of new lots created by the property owner in the new short plat application(s) plus any new lots created by the short plat of contiguous property within the previous five years exceeds nine in number.
b. For the purposes of subsection (B)(1)(a) of this section, properties shall be considered to be contiguous, regardless of the date of acquisition or location in different lots, tracts, parcels, tax lots or separate government lots, if the properties share a common boundary and have common ownership.
i. When determining common ownership for the purposes of identifying contiguous properties, the CED department will evaluate the deed history for contiguous parcels to determine whether or not the intent of this code, as outlined in subsection (B)(1) of this section, is being met. Common ownership is not meant to apply to a property owner who may hold a minority interest in a corporation, limited liability company or other entity that owns a contiguous parcel of property. A minority interest shall be defined as less than a 50 percent ownership interest.
ii. The property owner shall certify at the time of application for a short plat under the short plat code that she/he/it has identified all contiguous land in the short plat application and that she/he/it does not own or otherwise have a legal interest in ownership of contiguous parcels not identified in the short plat application and that she/he/it has identified in the short plat application all short plat applications currently before the city for contiguous property in which the property owner holds anything other than a minority interest and that she/he/it has identified in the short plat application any and all short plats of any contiguous property which were recorded by the property owner within five years of the date of the application.
c. The CED director has the discretion to allow contiguous parcels held in common ownership to be subdivided as separate short plats within a five year period when all of the following circumstances occur together:
i. When the infrastructure required to serve both short plats is separate. This means that the road network and all utility systems (i.e., storm, sanitary, gas, etc.) are not directly tied to each other. This circumstance would generally only occur when and if a physical feature, such as a ravine, bisected the property in question.
C. The subdivision shall be in compliance with the city’s comprehensive plan.
D. Except as provided in subsection I of this section, each lot shall abut a public or private street by no less than the frontage required by the zoning district in which it is located.
E. Except as provided in subsection I of this section, all lots created by a short subdivision shall abut and have access from a dedicated or deeded street and such street shall have the right-of-way width specified by the community and economic development department.
1. In the event an existing abutting street does not meet minimum width standards, additional right-of-way shall be required prior to approval of a short subdivision; provided, that this requirement may be waived if, in the opinion of the city engineer, such additional right-of-way will not be necessary for the future traffic circulation of the city;
2. Where other lands are required or proposed for dedication, such as the development of internal access roads, the subdivider shall provide a dedication statement and acknowledgment on the short plat.
F. Short subdivisions that contain a dedication of land to the public shall have been surveyed and monumented and recorded with the county auditor. The monumentation requirement may be waived if the centerline of the right-of-way is already monumented.
G. Where approval of a short plat is conditioned upon construction of improvements, the construction plans shall be submitted to the city engineer accompanied by a fee as outlined within the city’s current fee schedule.
H. Land which the community and economic development director has found to be unsuitable due to flooding, bad drainage or swamp conditions, and which the community and economic development director considers inappropriate for development, shall not be subdivided unless adequate means of control or abatement have been formulated by the subdivider and approved by the community and economic development department.
I. In the event the land to be subdivided has a slope or slopes of more than 20 percent and/or rock or unstable soil conditions, the subdivider shall furnish soil data to the city engineer. If conditions warrant control measures to correct slide, erosion or other similar problems, the subdivider shall be responsible for the design, installation and expense of any device or corrective measure, subject to approval by the community and economic development department.
J. Detached single-family residential short plats may be accessed by private roadway easements; provided, that the following requirements are met:
1. The requirements of Chapter 16.16 MVMC are met;
2. All lots within the short plat shall have an undivided interest in the ownership of the easement tract and shall record on the face of the plat that the owners will maintain the easement and a sign where the easement joins the public road identifying it as a private road;
3. Private roads will not be allowed where the public works director feels that public roads are necessary for the future traffic circulation;
4. At the discretion of the community and economic development department, the specific design standards for short plats served by private roads are as follows:
a. Easements as specified by the community and economic development department;
b. Roadways shall be constructed of a minimum of two inches of asphalt pavement, three inches of crushed rock, and six inches of gravel base;
c. The maximum grade shall be 10 percent;
d. Horizontal curvature shall have a minimum radius of 60 feet;
e. Vertical clearance shall be a minimum of 13 feet, six inches;
f. Roadways serving a maximum of two lots shall be 15 feet in width, and roadways serving three to nine lots shall be a minimum of 20 feet in width;
g. Sidewalks, or other pedestrian facilities approved by the community and economic development department, shall be provided when a private road serves, or could serve, more than four lots;
h. When fire hydrants are located on a private street the minimum street width shall be 26 feet;
i. The fire department in consultation with the community and economic development department shall specify the signing and painting of curbs, as necessary, to limit parking on private streets;
j. Roadways that are in excess of 150 feet long shall have a turnaround which meets the fire department standards;
k. Sewer service may be provided by an eight-inch line on the roadway easement or by individual side sewers for each lot. Paved access and easement to the city shall be provided for all eight-inch lines;
l. Hydrants must be installed in accordance with Chapter 15.14 MVMC;
m. Adjoining contiguous easements are not desirable and shall be avoided;
n. Where the specified easement passes through properties not owned by the developer, all necessary easements shall be obtained by the developer and verified by the community and economic development department prior to approval;
o. Storm drainage runoff from the easement road shall be directed away from other properties and preferably into a public storm-sewer system;
5. The following note shall be added to the short plat: “All maintenance and construction of private roads shall be the responsibility of the lot owners”;
6. No further subdivision shall occur without compliance with this title, the subdivision requirements of the city, without filing a final plat. (Ord. 3559 § 3, 2012).
16.32.050 Community and economic development and public works directors approval criteria.
The community and economic development and public works directors shall determine if appropriate provisions have been included in the preliminary short plat for, but not limited to, the public health, safety and general welfare, open spaces, drainage ways, critical areas, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools.
A. If the community and economic development and public works directors find that the public use and interest will be served by the platting of such subdivision, then the directors shall recommend approval. If the directors find that the proposed short plat does not make such appropriate provisions or that the public use and interest will not be served, then the directors may recommend disapprove the preliminary short plat.
B. Dedication of land to any public body; and/or dedication of easements to abutting property owners may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The directors shall not require, as a condition of the approval of any plat, that a release of liability be procured from other property owners. (Ord. 3428 § 61, 2008).
16.32.060 Minimum improvements required.
Prior to granting final approval for any short subdivisions, the community and economic development department shall ascertain that the following improvements have been made or installed, along with all of the items listed within Chapter 16.20 MVMC, for each parcel created by the division of land:
A. Water supply per recommended state standards; adequate fire protection with review by the city of Mount Vernon fire department;
B. Sanitary sewer;
C. Underground power, telephone, television cable and all other necessary utilities (including undergrounding existing facilities);
D. Appropriate dedications or easements if required;
E. If the principal frontage street providing access to the parcel to be subdivided is below the standard for its classification, installation of an improved street shall be required prior to approval of the short plat. Those improvements shall be constructed on the frontage of the parcel to be subdivided, and may be extended further to connect with existing improvements or to provide adequate pedestrian and traffic safety or assure safe walking conditions for students who walk to and from school, at the discretion of the community and economic development and public works directors. At no time shall the minimum traveled way brought to line and grade be less than 20 feet wide with four-foot shoulders on the unimproved side of the roadway. The road surface shall be at least of asphaltic concrete quality. Provisions shall be made for storm drainage;
F. The requirement for installation of minimum improvements may be waived by community and economic development and public works directors only with concurrence of the city council per MVMC 14.10.110;
G. All improvements shall be designed in accordance with MVMC 16.04.260 and Chapter 16.20 MVMC. As-built mylar construction drawings shall be provided. Electronic media of the necessary documents shall be provided in a format acceptable to the community and economic development department. (Ord. 3428 § 62, 2008).
16.32.065 Authentication.
Repealed by Ord. 3428. (Ord. 3326 § 26, 2006).
16.32.070 Effective period of preliminary approval.
The approval of a preliminary short plat shall be effective as follows:
A. Except as provided by subsection B of this section, a final short plat meeting all requirements of the preliminary short plat, this chapter, and the Mount Vernon Municipal Code where applicable shall be submitted to the community and economic development and public works directors for approval within the same time frames outlined in RCW 58.17.140 for preliminary plats, as it is currently written or as it may be amended in the future.
Failure to submit a final short plat meeting all the requirements of the preliminary short plat, this chapter, and the Mount Vernon Municipal Code where applicable within this period shall result in expiration of preliminary short plat approval.
B. If the developer fails to receive final short plat approval within the time frames outlined within subsection A of this section the preliminary short plat approval shall expire unless the following request is submitted to the CEDD and approved by the city council through a Type V process:
1. An applicant who files a written request before the date the preliminary short plat would otherwise expire to the office of the community and economic development department may be granted a one-year extension upon a showing that they have attempted in good faith to submit the final short plat within the required period. There shall be allowed only one such extension. In granting an extension the council can require that a development comply with any of the development regulations in effect at the time the extension is requested should these regulations be different than the ones the development is vested to. (Ord. 3825 § 31, 2021).
16.32.080 Filing.
Prior to approval of the final short plat by the community and economic development and public works departments, the subdivider, all owners of record and all persons with an interest in the property shall sign the original mylar of the plat. The community and economic development department shall then obtain the proper signatures from the county treasurer. After approval, the community and economic development department shall be responsible for obtaining the remaining signatures and will file the map with the county auditor. The applicant shall be responsible for paying all fees associated with recording of the plat. (Ord. 3428 § 65, 2008).
16.32.090 Modifications to an approved preliminary or final short plat.
A. Minor modifications to a previously approved preliminary or final short plat may be requested by the applicant and approved by the community and economic development director subject to the provisions for Process II decisions in Chapter 14.05 MVMC. Minor modifications are those that involve only insignificant revisions to the exact location and configuration of buildings, roadways, open space or other features and do not involve any increase in density, intensity, or significant change in architectural style, housing type or other significant characteristics. The director may require that final plat maps be re-recorded to reflect the changes to a plat due to a minor modification.
The city may only approve a minor modification if:
1. The change will not reduce by 10 percent or more any area of landscaping, open space, natural area or parking, so long as the minimum code requirements for these amenities is still met; and
2. The change will not have the effect of increasing the density; and
3. The change will not increase the total amount of floor area of a development by 10 percent or more; and
4. The change will not result in any structure, circulation or parking area being moved significantly in any direction; and
5. The change will not reduce any setback approved as part of the preliminary plan by more than 10 percent so long as the required minimum setback is met; and
6. The change will not result in a significant increase in the height of any structure as approved in the preliminary plan so long as the code requirements are still met; and
7. The change will not move or change the type of access; and
8. The change will not remove trees or modify other natural features that were to be preserved under the previous action; and
9. The change will not increase or create any adverse impacts or undesirable effects on the surrounding neighborhood.
B. Before approving a minor modification, the director of community and economic development shall make written findings and conclusions that the following exist:
1. The modification will not violate the terms and agreements of the preliminary or final plat approval and the intent of the original conditions of approval is not altered; and
2. The modification will not cause the preliminary or final plat to violate any applicable city policy or regulation; and
3. The modification will not be inconsistent or cause the preliminary or final plat to be inconsistent with the decision of the city preliminarily approving the application.
C. Modifications that do not meet the criteria listed in subsections (A)(1) through (9) of this section, or which fail to satisfy the required findings contained in subsection (B) of this section, shall be processed as a new plat application. (Ord. 3428 § 66, 2008).
16.32.100 Restrictions on further divisions.
Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than nine parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of nine lots within the original short plat boundaries. The owner who files the original short plat may transfer this right to the subsequent owners with a statement on the face of the short plat. (Ord. 3428 § 67, 2008).
16.32.110 Violations – Penalties.
Any person violating or failing to comply with any of the provisions contained in this title shall be subject to the enforcement provisions contained in MVMC Title 19, Code Enforcement. Furthermore, the city may, in addition to the above penalty, initiate an action in the superior court, enjoining the transfer, sale or option to sell any portion of the short subdivision. (Ord. 3440 § 22, 2008).