Chapter 21.70
SHORT SUBDIVISIONS
Sections:
21.70.010 Purpose and applicability.
21.70.050 Application requirements.
21.70.060 Design standards and required improvements.
21.70.080 Boundary line adjustment.
21.70.090 Filing of short plat and/or boundary line adjustment.
21.70.010 Purpose and applicability.
The purpose of the provisions in this chapter is to regulate the subdivision of land into nine or less lots for residential, commercial or industrial use. General provisions of this title, including Chapters 21.10, 21.50 and 21.60 OHMC, shall apply to land division hereunder. (Ord. 1568 § 9, 2010).
21.70.020 Administration.
The director or designee is authorized and directed to administer the provisions of this chapter and shall be granted the authority to approve or disapprove proposed short subdivisions in accordance with this chapter. (Ord. 1568 § 9, 2010).
21.70.030 Exemptions.
The provisions of this chapter shall not apply to categories of land exempted under RCW 58.17.040, as now or hereafter amended. (Ord. 1568 § 9, 2010).
21.70.040 Procedure.
(1) Short subdivisions shall be processed under a Type II review process, in accordance with Chapter 18.20 OHMC.
(2) All applications for short subdivisions shall be submitted to the director and the fee, as established in OHMC 3.64.500, shall be paid by the applicant prior to processing.
(3) Inquiry shall be made into the public use and interest proposed to be served by the establishment of the short subdivision. The director shall make written findings and shall determine:
(a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, on-site stormwater treatment and infiltration, streets or roads, alleys, other public ways, transit stops, pedestrian/bike connections, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds; and
(b) Consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and
(c) Ensure that the proposed design meets the general design standards and the residential design standards (if applicable) of this title; and
(d) Consider the characteristics of the proposal and its conformance to the policies of the Oak Harbor comprehensive plan; and
(e) Whether the public interest will be served by the subdivision and dedication.
(4) A proposed short subdivision shall be approved if the director makes written findings that each of the items in subsection (3) of this section have been met. (Ord. 1784 § 97, 2016; Ord. 1568 § 9, 2010).
21.70.050 Application requirements.
The application for short subdivisions shall include the following:
(1) Five copies of an application for short subdivision shall be filed with the director. The application shall contain the following information:
(a) Date, address and telephone number of the subdivider;
(b) Legal description of the property to be subdivided;
(c) The location of the nearest public street and utilities;
(d) A statement, under oath, that the tract has not been subdivided within the last five years except by an approved subdivision; and
(e) A title certificate for the property issued by a title insurance company.
(2) A registered land surveyor shall stake the corners of each lot on the ground and prepare a map of the property drawn in ink upon one or more sheets of mylar.
(a) The map shall be to scale not less than 100 feet to the inch, and north shall be indicated;
(b) The boundary lines of the tract to be short platted and the interior lot lines, and relationship to adjacent properties;
(c) Length and bearing of the boundary lines and lot lines. The map shall be referenced to the state plan coordinate system;
(d) Location of monuments or evidence used as ties to establish the boundaries;
(e) Location and dimensions of all easements and/or streets within or adjoining the short plat, and applicable city or county file numbers;
(f) A certification by the land surveyor stating that all requirements of this title have been complied with; and
(g) Certificates as required by city and county.
(3) In addition to the items listed in subsections (1) and (2) of this section, the short subdivision map shall include all of the requirements listed in OHMC 21.40.040 for final plats, as to prescribed form. (Ord. 1568 § 9, 2010).
21.70.060 Design standards and required improvements.
(1) The short subdivision shall meet the following design standards and have the required improvements:
(a) Short subdivisions shall be consistent with the general design standards and the residential design standards contained in Chapters 21.50 and 21.60 OHMC.
(b) Short subdivisions shall be in accordance with the Oak Harbor development regulations and comprehensive plan in effect at the time of application.
(2) As a condition to approving the plat, the director may require the subdivider to install, or bond to install, the following improvements. Such condition must appear on the face of the approved short plat document. The director may allow the improvements to be installed at a later date, but they must be installed before any building can be issued a certificate of occupancy:
(a) City water, storm sewer;
(b) Roadway, curb, gutter and sidewalk; and
(c) All required improvements shall conform to the applicable provisions of this title. (Ord. 1568 § 9, 2010).
21.70.070 Resubdivision.
Land contained within a short subdivision may not be further divided in any manner within a period of five years from date of approval without filing a final plat, except that when the short plat contains fewer than four 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. (Ord. 1568 § 9, 2010).
21.70.080 Boundary line adjustment.
The adjustment of boundary lines may be approved by the director if an application is filed along with the information required by OHMC 21.70.050(1) and (2), and where no new lot is created thereby or where no lot is reduced in size below the minimum square footage and street frontage required by the applicable zoning control and this title. (Ord. 1900 § 1, 2020; Ord. 1568 § 9, 2010).
21.70.090 Filing of short plat and/or boundary line adjustment.
The subdivider shall file the approved short plat and/or boundary line adjustment and shall furnish the city with one permanent reproducible copy, mylar or better quality, of the short plat or boundary line adjustment including all recording data within 30 days after approval by the director or the approval shall be deemed null and void. (Ord. 1568 § 9, 2010).