Chapter 17.03
SHORT SUBDIVISIONS
Sections:
17.03.030 Procedure and additional notice.
17.03.040 Requirements for a complete application.
17.03.050 Criteria for approval.
17.03.070 Time limitation for final decision.
17.03.080 Construction of improvements.
17.03.090 Restriction on further division.
17.03.100 Submission of plat for signature.
17.03.110 Building permits will not issue until construction of improvements.
17.03.010 Purpose.
The purpose of the provisions in this chapter is to regulate the subdivision of land into nine or fewer lots for residential, commercial or industrial use. (Ord. 2658 § 2, 2015).
17.03.020 Administration.
The Director is authorized and directed to administer the provisions of this chapter and is granted the authority to approve or disapprove proposed short subdivisions without a hearing in accordance with this chapter. (Ord. 2658 § 2, 2015).
17.03.030 Procedure and additional notice.
A. Procedure. The following steps shall be followed in the processing of short plat applications:
1. MTMC 18.05.110, determination of completeness and requests for additional information;
2. Chapter 16.05 MTMC, SEPA (unless exempt under SEPA, WAC 197-11-800(6));
3. MTMC 17.03.050, determination of consistency with approval criteria;
4. MTMC 18.05.125, notice of administrative approval;
5. MTMC 18.05.128, notice of decision; and
6. MTMC 18.05.230, administrative appeal (if any).
B. Additional Notice. In addition to the notice required in the sections referenced in subsection A of this section, the City shall provide the following additional notice as applicable:
1. If the proposed short subdivision is located adjacent to the right-of-way of a state highway, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Transportation; and
2. If the proposed short subdivision is located in whole or in part in a designated floodplain as provided in Chapter 86.16 RCW, the Director shall give written notice of the application, including a legal description of the short subdivision and a location map, to the State Department of Ecology. (Ord. 2811 § 14, 2022; Ord. 2658 § 2, 2015).
17.03.040 Requirements for a complete application.
The following materials, along with applicable fees as established by the City in a resolution for this purpose, shall be submitted to the City for a complete application for a short subdivision:
A. Application Form. One original and seven copies of an application on a form provided by the City along with the applicable fee as established by the City in a resolution for this purpose. The application form shall be completed and contain the following information:
1. Name, address and telephone number of applicant and owner(s) of the land proposed to be divided;
2. Signature of applicant;
3. Signature(s) of property owner(s) or owner’s authorized representative(s);
4. Legal description of the property to be subdivided, including legal descriptions of all proposed lots;
5. A verified statement by the applicant(s) that the property affected by the application is in the exclusive ownership of the applicant(s), or, if the property is not in the exclusive ownership of the applicant, a verified statement that the applicant has submitted the application with the consent of all owners of the affected property;
6. A statement, under oath, that the tract has not been subdivided within the last five years, except by an approved preliminary plat and final plat; and
7. Other information specified and requested on the application form.
B. Title Report. A title report, dated by the title company within 30 days of the date the application was submitted to the City, confirming that the title of the lands as described and shown in the plat is in the name of the applicant.
C. Certificate of Consent and Dedication. A certificate, on the face of the plat or a separate written instrument, giving full and complete descriptions 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 any road(s). The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.
D. Site Plan. One original and seven copies of a scaled site plan of the property proposed to be divided (of a scale clearly legible) that illustrates the following information:
1. Existing and proposed property lines of the site;
2. Proposed access to each proposed lot on the site, including vehicular, emergency and utility access;
3. Existing easement and rights-of-way across the site;
4. The location of all property lines abutting or connecting to the site, and the owners of adjacent land and the names of any adjacent subdivisions;
5. Location of all public and/or private utility service lines, including underground telephone or cable service lines;
6. Identification of the source of water supply for each lot, including water line and fire hydrant locations;
7. Identification of the method of sanitary sewage disposal, including sewer lines and (if applicable) septic tank and drainfield locations;
8. Location of existing and proposed stormwater control/conveyance on or across the site;
9. All environmentally sensitive areas and their buffers;
10. Existing structures and improvements on the site including those to be retained and those proposed to be removed as part of the short plat proposal.
E. SEPA Checklist (If Applicable). A completed environmental checklist as provided by the City shall be included.
F. Plat Map (Short Plat). One black-line paper or velum original and seven copies of the plat of survey. A registered land surveyor shall stake the corners of each proposed lot on the ground and prepare a survey and map of the property (plat of survey) drawn in ink upon one or more sheets, which shall contain all the information specified and described in subsections G and H of this section. The plat map shall be prepared in a neat and legible manner in permanent drawing ink or equivalent, drawn to a preferable scale of one inch equal to 20 feet, but not less than one inch equal to 100 feet, on a sheet size of 18 inches by 24 inches with a one-half-inch border on the top, bottom and right-hand margins and a two-and-one-half-inch border on the left-hand or binding margin. North shall be indicated.
G. Prescribed Form. The plat map (short plat) shall contain the following information with the specified line weights, which are to ensure a hierarchy in information for legibility and ease of interpretation, i.e., to differentiate between primary, secondary, and background information. Other line weights or line types may be approved by the Director if it can be demonstrated that hierarchy of information and ease of legibility is achieved:
1. The boundary lines of the tract to be short platted and the interior lot lines, and relationship to adjacent properties shall be shown (heavy line weight);
2. All bearings and dimensions along the lines of each lot together with any other data necessary for the location of any lot lines in the field. All bearings shall be referenced to the Washington Coordinate System, WM Zone (medium line weight);
3. Location of monuments or evidence used as ties to establish the boundaries shall be shown (medium line weight);
4. The boundary and dimensions of the “original tract,” including its bearings and length of all boundary lines, assessor’s parcel number, section, township and range;
5. Any necessary easements for improvements to be retained on the site including, but not limited to, structures, utilities, stormwater systems, and underground storage tanks (fine line weight);
6. Location and dimensions of all easements and/or streets (public and private) and identifying names of such, both within or adjoining the short plat, and applicable City or County file numbers shall be shown (fine line weight);
7. The width and location of access to all short-subdivided lots proposed (medium line weight);
8. The number assigned to each lot (heavy line weight);
9. The boundaries of all lands reserved in the deed for common use of the property owners of the short subdivision or dedicated to the public (heavy line weight);
10. A statement on the face of the short plat that land in a short subdivision 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;
11. A statement on the face of the short plat stating that no building permits shall be issued until all streets, sidewalks, stormwater facilities, and other improvements required under the short plat approval have either been installed or otherwise deferred through a subdivision improvement agreement approved by the City that allows and defines the provisions for early issuance of building permits.
H. Document Forms. All short plats shall contain the elements listed in RCW 58.17.160. In addition, the legal description of the short subdivision and easements, dedications, acknowledgments, and other statements shall include the following and appear substantially in the described form:
1. Easements (Sample Utility Easement).
An easement is reserved for and granted to (the names of all the utilities, public and private, serving the area) and their respective successors and assigns under and upon the exterior ten (10) feet of front boundary lines of all lots and tracts, in which to install, lay, construct, renew, operate, maintain and remove utility systems, lines, fixtures and appurtenances attached thereto, for the purpose of providing utility services to the subdivision and other property, together with the right to enter upon the lots and tracts at all times for the purposes stated, with the understanding that any grantee shall be responsible for all unnecessary damage it causes to any real property owner in the subdivision by exercise of rights and privileges herein granted.
2. Dedication and Owner’s Certificate. Roads 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, grantee or grantees, for his, her or their use for the purpose intended by the grantors or donors. The following certificate shall be included on the face of the plat:
Know All Men by these Presents that we, the undersigned owners in the fee simple or contract purchaser and mortgage holder of the land hereby platted, hereby declare this plat and dedicate to the use of the public forever all streets and avenues shown thereon and use thereof for all public purposes not inconsistent with the use thereof for public highway purposes; also the right to make all necessary slopes for cuts and fills upon the lots and blocks shown on this plat in the original reasonable grading of the streets and avenues shown hereon. The undersigned owners hereby waive 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. This subdivision has been made with our free consent and in accordance with our desires.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ___ day of ______________, 20____.
[Signature blocks and Notary Certificate to follow.]
3. Acknowledgments or Notary Certificate. The forms for notary certificates are set forth in RCW 42.44.100.
4. Surveyor’s Certificate.
I hereby certify that the plat of ______ is based upon a complete and actual survey and division of Section __, Township ___, Range ___, East W.M.; that the courses and distances are shown correctly thereon, that the monuments have been set and the lot and block corners staked correctly on the ground; that this is a true and correct representation of the lands actually surveyed and that I have fully complied with the provisions of the statutes and platting regulations.
___________________________________
Certificate: _________________________
Expiration: _________________________
Date: _________________________
5. City Engineer’s Approval.1
I hereby certify that this short plat is consistent with all applicable Town/City improvement standards and requirements in force on the date of preliminary/short plat approval. I have approved this final/short plat as to the layout of streets, alleys and other rights-of-way, design of bridges, sewage and water systems and other structures. Examined and approved by me this ____ day of ___________, 20___.
____________________________________
City Engineer, City of Mountlake Terrace
6. City Finance Director Approval.
I hereby certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged.
Executed this ____ day of __________, 20____.
____________________________________
Finance Director, City of Mountlake Terrace
7. Community and Economic Development Director’s Approval.
This short plat complies with all requirements of Title 17 of the Mountlake Terrace Municipal Code and all required improvements associated with this short subdivision have been installed or otherwise secured through a bond or other security acceptable to the City through a Subdivision Improvement Agreement. Examined and approved by me this ____ day of _______, 20____.
_____________________________________
Community and Economic Development Director
8. County Treasurer Approval.
This is to certify that all taxes heretofore levied and which has become a lien upon the lands herein described, have been fully paid and discharged, according to the records of my office, up to and including the year ____.
Executed this ___ day of ____________, 201_.
__________________________________
County Treasurer, Snohomish County
9. County Auditor.
Filed at the request of _________________, this day of ___________, ______ 20____, and recorded in Volume ___ of Plats, page(s) ______, Records of __________ County, Washington.
_________________________________
County Auditor, Snohomish County
(Ord. 2658 § 2, 2015).
17.03.050 Criteria for approval.
A. Required Findings for Applicant. The applicant for a short subdivision must demonstrate that the application complies with all of the following:
1. All applicable statutory provisions, including, but not limited to, RCW 58.17.195.
2. The City’s Zoning and Building Codes, and all other applicable laws of the appropriate jurisdictions, including, but not limited to, the Health Department.
3. The City’s Comprehensive Plan and all related elements, including, but not limited to, the Comprehensive Plan elements relating to capital facilities, water, sewer and transportation.
4. The applicant shall demonstrate that there are available adequate public facilities to support and service the area of the proposed short subdivision. The applicant shall, at the request of the City, submit sufficient information and data on the proposed short subdivision to demonstrate the expected impact upon and use of public facilities by the possible uses and users of the proposed short subdivision. Public facilities and services to be examined for adequacy and availability will include roads and public transportation facilities, sidewalks for children who only walk to and from school, sewerage and water service, fire and emergency response service.
5. Water and Sewer. All habitable buildings and buildable lots in the short subdivision shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection, consistent with the City’s comprehensive water system plan. All habitable buildings and buildable lots in the short subdivision shall be served by an approved means of wastewater collection and treatment, consistent with the City’s comprehensive sewer plan. The City shall consider the recommendation of the Public Works Director, City Engineer, the Health Department or other agency furnishing sewage disposal and supplying water as to the adequacy and availability of the proposed means of sewage and water supply.
6. Stormwater. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area flowing through the lots in the short plat and shall be designed to prevent increases in downstream flooding, in accordance with the City’s stormwater drainage regulations. The City may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments.
7. Roads. Proposed roads shall provide an available, safe, convenient and functional system for vehicular, pedestrian, and bicycle circulation; shall be properly related to the Comprehensive Plan; and shall be appropriate for the particular traffic characteristics of each proposed development. Roads not dedicated to the public must be clearly shown on the face of the plat.
8. Extension Policies. All public improvements and required easements for streets, water lines, wastewater systems, drainage facilities, electric lines and telecommunication lines shall be constructed and extended through the parcel in the proposed short subdivision or along its frontage to promote the logical extension of public infrastructure, consistent with the requirements of RCW 82.02.020 and all other legal requirements.
9. Flooding. If the proposed short subdivision is in a designated floodplain as defined in Chapter 86.16 RCW, it cannot be approved without the written approval of the State Department of Ecology.
B. Required Findings and Conclusions for City Approval. A proposed short subdivision application shall not be approved unless the City makes written findings and conclusions that:
1. All of the requirements in subsection A of this section are satisfied;
2. 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;
3. The public use and interest will be served by the platting of the short subdivision and dedication; and
4. There are no flood, inundation or swamp conditions that preclude approval under RCW 58.17.120. If the property is in a designated floodplain as defined in Chapter 86.16 RCW, the short subdivision shall not be approved without the prior written approval of the Washington State Department of Ecology. (Ord. 2658 § 2, 2015).
17.03.060 Dedications.
Dedication of land to any public body, provision of public facilities to serve the short subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the short plat according to the requirements of RCW 58.17.165 and MTMC 17.07.050(F). If the short plat includes a dedication of a public park with an area of less than two acres and the donor has designated that the park be named in honor of a deceased individual of good character, the City must adopt the designated name. (Ord. 2658 § 2, 2015).
17.03.070 Time limitation for final decision.
A short subdivision application shall be approved, approved with conditions or denied within 60 days after a complete application has been submitted, unless the applicant consents in writing to an extension of such time period. (Ord. 2811 § 15, 2022; Ord. 2658 § 2, 2015).
17.03.080 Construction of improvements.
After approval of a short plat, the subdivider shall have 60 months to construct all required public facilities and have the short plat recorded before the short plat approval expires. In lieu of construction within this time period, the subdivider may enter into a subdivision improvement agreement (as allowed by Chapter 17.06 MTMC), in which the subdivider either defers construction of, or contracts with the City to construct, the required public facilities, contingent upon the posting of the necessary security. (Ord. 2658 § 2, 2015).
17.03.090 Restriction on further division.
The plat submitted to the City as provided in MTMC 17.03.100 shall include a statement on the face of the short plat that land in a short subdivision may not be further divided in any manner within a period of five years without the filing of a preliminary and 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 four-year period in order to create up to a total of nine lots within the original short plat boundaries. (Ord. 2658 § 2, 2015).
17.03.100 Submission of plat for signature.
Once all public facilities required by the short subdivision approval are complete and the approval conditions have been satisfied, the subdivider shall submit a mylar, velum or black-line paper copy (and/or related materials) of the approved short plat to the Director. The plat and related materials shall include all of the elements described in MTMC 17.03.040 and 17.07.050. Within 30 days of submission of these materials, the Director shall confirm that all improvements are complete, that the conditions have been performed and that the plat map conforms to the requirements of this chapter under the procedure set forth in Chapter 17.07 MTMC. If the Director finds that all such requirements have been satisfied (or that the applicant has posted a bond or provided a subdivision improvement agreement with other security), the Director shall follow the procedure set forth in MTMC 17.07.060(D) for recording of the short plat. (Ord. 2658 § 2, 2015).
17.03.110 Building permits will not issue until construction of improvements.
If a short subdivision is approved subject to the construction of public facilities or the performance of conditions, no building permit shall be issued for any property within the boundaries of the short plat until actual construction of the public facilities (and, in the case of public facilities that will be dedicated to the City, until after inspection and acceptance of the same by the City), or full performance of the conditions. This prohibition on the issuance of building permits under this section shall not apply if the City has allowed the subdivider through a subdivision improvement agreement to post a bond or provided other security to the City in lieu of construction of the public facilities. (Ord. 2658 § 2, 2015).
No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall examine and approve such plats on behalf of any city, town or county. RCW 58.17.160(4).