Chapter 17.12
SUBDIVISIONS AND SHORT SUBDIVISIONS
Sections:
17.12.020 Preliminary approval of subdivision.
17.12.030 Revisions of preliminary subdivisions.
17.12.040 Preliminary short subdivision – Approval time.
17.12.050 Limitations for short subdivisions.
17.12.060 Revisions of preliminary short subdivisions.
17.12.010 Purpose.
The purpose of this chapter is to specify requirements for the segregation of land into short subdivisions, which are nine or fewer lots, and subdivisions, which are 10 or more lots, in accordance with applicable Washington state and city of North Bend laws, rules and regulations, including permit processing procedures required by NBMC Title 20. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).
17.12.015 Decision criteria.
The decision on a preliminary subdivision or preliminary short subdivision shall be based on whether:
A. 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;
B. Environmentally critical areas, as defined in Chapters 14.05 through 14.12 NBMC, are protected; and
C. The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).
17.12.020 Preliminary approval of subdivision.
A. Preliminary subdivision approval shall be effective for a period of 60 months.
B. Preliminary subdivision approval shall be considered the basis upon which the applicant may proceed toward development of the subdivision and preparation of the final plat subject to all the conditions of the preliminary approval.
C. If the final plat is being developed in divisions, and final plats for all of the divisions have not been recorded within the time limits provided in this section, preliminary subdivision approval for all unrecorded divisions shall become void, unless the preliminary subdivision approval for all unrecorded divisions is extended. If the preliminary subdivision is not extended, the preliminary subdivision for any unrecorded divisions must again be submitted to the department with a new application, subject to the fees and regulations applicable at the time of submittal.
D. The director may extend a preliminary plat for a phased development, but not including the initial phase or improvements, for up to three additional years beyond the period provided in subsection A of this section, if:
1. A written request for extension is filed at least 30 days before the expiration of the preliminary subdivision;
2. Unforeseen circumstances or conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary subdivision;
3. Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary subdivision was first approved;
4. An extension of the preliminary subdivision will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole;
5. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed;
6. The preliminary subdivision substantially complies with applicable NBMC provisions in effect on the date that the application for extension was made; and
7. Concurrency is still available, or will be provided, as required by the NBMC. (Ord. 1464 § 1 (Exh. A (part)), 2012; Ord. 1188 § 2 (part), 2003).
17.12.030 Revisions of preliminary subdivisions.
Applications to revise subdivisions that have received preliminary approval shall comply with the following:
A. Revisions that result in any substantial changes as determined by the department shall be treated as a new application for purposes of vesting and shall be reviewed as a quasi-judicial decision pursuant to NBMC 20.01.004. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space, or changes to conditions of approval on an approved preliminary subdivision.
B. Approval of the following modifications by the department shall not be considered revisions:
1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval;
2. Changes in lot dimensions that are consistent with NBMC 18.10.040;
3. A decrease in the number of lots to be created so long as the decrease otherwise conforms to the provisions of NBMC 18.10.040, if applicable. (Ord. 1188 § 2 (part), 2003).
17.12.040 Preliminary short subdivision – Approval time.
Preliminary approval of a short subdivision shall be effective for a period of 60 months. An extension up to three years may be granted by the director if:
A. A written request for extension is filed at least 30 days before the expiration of the preliminary short subdivision;
B. Unforeseen circumstances and conditions which are not the result of voluntary actions of the applicant necessitate the extension of the preliminary short subdivision;
C. Conditions in the immediate vicinity of the subject property have not changed substantially since the preliminary short subdivision was first approved;
D. An extension of the preliminary short subdivision will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole;
E. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and
F. The preliminary short subdivision substantially complies with applicable NBMC provisions in effect on the date that the application for extension was made. (Ord. 1464 § 1 (Exh. A (part)), 2012; Ord. 1188 § 2 (part), 2003).
17.12.050 Limitations for short subdivisions.
A. A maximum of nine lots may be created by a single application.
B. An application for further segregation may not be submitted within a period of five years after recording, except through the filing of a subdivision application, or unless the short plat contains fewer than nine lots, in which case an alteration application may be submitted to create a cumulative total of up to nine lots within the original short plat boundary.
C. The practice known as “piggyback” platting, or other proposed means of segregating a parcel or adjoining parcels in common ownership, so as to avoid the requirements of a full subdivision, shall not be permitted.
D. Preliminary and final short subdivisions may be processed concurrently where the purpose of the short subdivision is to create up to nine lots for public acquisition. Minimum application requirements for short subdivisions for public acquisition may be reduced from those found in NBMC 17.08.150 and 17.16.050, as determined by the director after review of the potential impacts. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).
17.12.060 Revisions of preliminary short subdivisions.
Applications to revise short subdivisions that have received preliminary approval shall comply with the following:
A. Revisions that result in any substantial changes as determined by the department shall be treated as a new application for purposes of vesting and shall be reviewed as an administrative decision pursuant to NBMC 20.01.004. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space, or changes to conditions of approval on an approved preliminary short subdivision.
B. Approval of the following modifications by the department shall not be considered revisions:
1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary short subdivision approval;
2. Changes in lot dimensions that are consistent with NBMC 18.10.040;
3. A decrease in the number of lots to be created so long as the decrease otherwise conforms to the provisions of NBMC 18.10.040, if applicable. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).
17.12.070 Fees.
Fees, as established by the taxes, rates and fees schedule adopted by ordinance, shall apply to all land segregation applications governed by this chapter. (Ord. 1237 § 15 (part), 2005).