Chapter 17.40
SHORT SUBDIVISION
Sections:
17.40.030 Application submittal requirements.
17.40.060 Final review requirements.
17.40.070 Short subdivision recording.
17.40.080 Expiration and extension of time.
17.40.090 Short subdivision modifications.
17.40.010 Purpose.
Pursuant to RCW 58.17.060, it is the intent of this chapter:
A. To permit administrative processing and approval of a division of land into four or fewer lots or parcels.
B. To promote the public health, safety and general welfare, and to further the goals and policies of the city comprehensive plan.
C. To facilitate adequate provisions for water, sewer, stormwater drainage, ingress and egress, and public uses.
D. To protect critical areas and critical area buffers as designated in Chapter 16.20.
E. To require conveyance by accurate legal description. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.020 General standards.
A. A short subdivision is the division or redivision of land into four or fewer lots, parcels or sites, for the purpose of sale, lease or transfer of ownership. All short subdivision applications are processed as a Type II application established in Title 19.
B. All proposed lots in a short subdivision must meet the site requirements of the zoning district in which they are located or as otherwise allowed in the zoning ordinance (i.e., infill provisions); and shall be of sufficient size, dimension, design and configuration so as to permit development of the lot without variance from the applicable zoning requirements.
C. A short subdivision may contain any number of tracts (land reserved for special uses, such as surface water retention, utility facilities, access, open space, recreation areas, tree retention areas, critical area and buffers). Tracts are not considered lots or building sites for purposes of development or density, shall be identified as such on the face of the short plat, and held under common ownership by the plat lot owners. When tracts are provided and intended for common ownership (i.e., not dedicated to the city), a statement on the face of the plat and in the plat’s covenants, conditions and restrictions (CCRs) shall be included that states: “Tracts identified are intended for their stated purpose and have no development potential, cannot be sold or further subdivided.”
D. Contiguous parcels that have one or more common owners, one or more persons who have an interest in the entity that owns or has an ownership interest in contiguous parcels, or a developer who intends to develop contiguous properties must comply with the preliminary plat subdivision requirements of this title if the total resultant lots will exceed ten in number.
This chapter may not be used as a mechanism to avoid the requirements of the subdivision code where there are adjacent parcels under common ownership, as described herein, that, but for the property boundaries, would be required to comply with the subdivision requirements.
E. Property which has been subject to a short subdivision within a period of five years from its recording may not be further divided except through the provisions of a preliminary subdivision, Chapter 17.60; provided, that if the approved short subdivision had less than four lots, a plat alteration application as set forth in Chapter 17.90 may be submitted to create a cumulative total of up to four lots.
F. As required by Chapter 58.17 RCW, a short subdivision shall be approved, approved with conditions, denied, or returned to the applicant for modification or correction within thirty days from the date of filing of a complete application unless the applicant agrees to an extension of the time period in writing, or as set forth in Chapter 19.80, Time Frames for Review. A short subdivision application shall not be deemed filed until all of the requirements for a technically complete application established in Chapter 19.30 have been met.
G. A short subdivision utilizing the Infill Residential Development Standards provisions found in Section 18.70.070(P) shall be reviewed by the Poulsbo planning commission, and a recommendation offered to the review authority. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.030 Application submittal requirements.
An application for a short subdivision shall contain the following:
A. Completed application form(s) per city requirements and all identified submittal requirements.
B. The required application fees.
C. A set of short plat drawings shall be prepared as set forth in the short subdivision application form and shall include the following:
1. Dimensions of the subject property and each existing and proposed lot, parcel, and tract; as well as buildings and other structures within the property.
2. Structures and driveways within one hundred fifty feet of the property, on both sides of the street.
3. Existing and proposed easements and any encroachments.
4. Existing and proposed road and utilities, including any stormwater detention facilities.
5. List proposed impervious area(s), including proposed pollution generating pervious and impervious area(s).
6. Critical areas as indicated in Chapter 16.20, located on or within three hundred feet of the property.
7. Streets adjacent to, surrounding or intended to serve the property.
8. Zoning of adjacent properties.
D. Legal descriptions of the proposed lots, tracts and easements and other as appropriate.
E. A completed SEPA checklist (if required).
F. Demonstrate compliance with current stormwater regulations.
G. All off-site easements necessary to provide access to the short subdivision or to serve the short subdivision with utility infrastructure.
H. Any critical areas special reports identified in the preapplication conference letter.
I. Title report or plat certificate (within ninety days of submission, or as set forth on the application form) for all parcels involved.
J. For residentially zoned property, density calculations indicating maximum and minimum density requirements for the proposed plat as set forth in Section 18.70.040, Table 18.70.050 or Table 18.70.060.
K. Any additional information identified by the city as necessary in order to provide a complete review of the proposed plat.
L. Any additional information identified in the proposed plat’s preapplication summary letter. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.040 Decision criteria.
A. A proposed short subdivision may be approved only if the following findings are made by the review authority:
1. The proposed short subdivision conforms to the requirements of this title.
2. The short subdivision conforms to the site requirements for the zoning district in which the property is located and/or other applicable zoning provisions.
3. The short subdivision:
a. Makes adequate provision for access through streets, roads, alleys, other public ways, and transit stops as required; and the proposed street system provides for the safe, orderly and efficient circulation of traffic.
b. Will be adequately served with water, sewer, storm drainage, and other utilities appropriate to the nature of the short subdivision.
c. Makes adequate provisions for sidewalks and other planning features that provide safe walking conditions for students who walk to and from school.
d. Makes adequate provisions for critical area protection pursuant to Chapter 16.20.
e. Makes adequate provisions for fire and emergency access and protection.
f. Serves the public interest and makes appropriate provisions for the public health, safety, and welfare.
B. If the findings in subsection A of this section have not been met, the review authority shall deny the proposed short subdivision, unless specified conditions have been issued to fully satisfy the criteria. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.050 Approval process.
A. The review authority shall approve, approve with conditions, or deny a short subdivision application. The decision shall be in writing and shall include findings and conclusions based on the record to support the decision.
B. Approval by the review authority of the short subdivision shall constitute authorization for the applicant to develop the short subdivision improvements, upon review and approval of final engineering construction drawings by the city engineer as set forth in Section 17.80.090. All development of a short subdivision shall be subject to any conditions imposed by the city on the short subdivision approval. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.060 Final review requirements.
A. Engineering plans for streets, drainage controls, utilities and other proposed or conditioned improvements shall be prepared, submitted and reviewed for approval by the city engineer prior to the commencement of on-site clearing or construction activities.
B. Plans and technical information reports required shall be submitted to the city engineer and prepared consistent with the city’s construction standards and specifications requirements.
C. All required facilities and improvements shall be completed prior to short plat recording, as set forth in Section 17.80.100.
D. Final short subdivision survey, drawing and documents prepared for recording shall be submitted to the city engineer for review and approval prior to short plat recording.
E. All documents necessary for facilities to be dedicated to the public, including but not limited to streets, roads, sanitary sewer facilities, storm drainage systems and water supply systems, shall be submitted to the city engineer for review and approval prior to short plat recording.
F. When required, a final copy of the short subdivision’s covenants, conditions and restrictions (CCRs) shall be submitted to the city for review and approval prior to short plat recording. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.070 Short subdivision recording.
All short subdivisions shall be recorded in compliance with the following:
A. Prior to recording the applicant shall submit short plat drawing(s) for the following signature(s):
1. Signature and date lines for certification by a registered land surveyor of the state of Washington that the short plat and legal descriptions were prepared under his or her direct supervision.
2. Signature and date lines for the approvals of the city engineer and planning and economic development (PED) director.
3. Signature and date lines subscribed by all owners and acknowledgment of all owners’ signatures.
B. Prior to recording, the property owner shall ensure all requirements by the Kitsap County treasurer regarding property taxes have been met.
C. Recording shall not be authorized by the city engineer unless and until all required facilities and improvements are as provided in Section 17.80.100.
D. Prior to recording, the city engineer may require a maintenance bond or other suitable security as set forth in Section 17.80.100(E). If required, a maintenance bond or other suitable security for landscaping as set forth in Section 18.130.060.
E. The city is responsible for the recording of the short plat drawing(s) and all other legal documents, including but not limited to: lot, parcel and tract legal descriptions; utility and access easements; street and other public use dedications; conditions of approval; and covenants, conditions and restrictions (CCRs) at the Kitsap County auditor. Recording fees shall be the responsibility of the applicant.
F. Pursuant to RCW 58.17.065, lots created by the short subdivision shall not be deemed approved until filed with the Kitsap County auditor. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.080 Expiration and extension of time.
A. Short subdivision approval shall expire three years from the date of the notice of decision if the short plat has not been recorded.
B. Upon written request by the property owner filed no less than thirty days prior to the date of expiration, the PED director and city engineer may grant an extension of time up to but not exceeding one year. Any extensions of time shall be based upon finding:
1. There has been no material change of circumstances applicable to the property since short subdivision approval.
2. The applicant has attempted in good faith to submit the final short plat within the three-year period and the likelihood that the short plat will be recorded within the additional year.
3. The city shall not grant more than one one-year extension.
C. If the short subdivision has not been recorded after the initial three-year validity or after the additional one-year extension, it will be considered expired and a new application will be required to be submitted. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)
17.40.090 Short subdivision modifications.
A. Modifications to short subdivisions after city approval, but prior to recording with the Kitsap County auditor, may be requested by submitting a completed subdivision modification application form, all identified submittal requirements, and the required application fee. All property owners having an ownership interest in the plat shall sign the application form.
B. Short subdivision modifications shall be processed as a Type I application according to the provisions of Title 19.
C. The following are examples of modifications (but are not limited to), which may be considered and approved under this section:
1. Technical engineering items and details, unless the proposed detail modifies or eliminates features specifically required as an element of approval.
2. Minor changes in lot or tract lines or dimensions, with no change in density or required minimum standards; and minor changes to street alignment or utility design.
3. Reduction in the number of lots approved, as long as the modification meets the minimum density requirement.
4. Minor changes to clarify notations on the face of the plat.
5. A change to a condition of approval that does not modify the intent of the original condition.
D. When approving a short subdivision modification, the review authority shall make written findings and conclusions. Modifications must meet the following criteria:
1. The modification complies with all of the requirements of this chapter and other applicable chapters of the Poulsbo Municipal Code.
2. There will not be substantial changes in the impacts on the neighborhood or the city as a result of the modification.
3. No increase in density or lots is proposed.
4. No new land use is proposed.
5. The modification will not substantially alter any condition of approval.
E. Modifications that result in an increase in the number of lots and/or density previously approved; significant street or stormwater redesign or relocation; or modifications that in the opinion of the review authority would significantly increase any adverse impacts or effects of the plat shall require a new application and fee.
F. The review authority’s decision will be the final decision of the city unless appealed in accordance with Title 19.
G. A statement is required on the plat drawing and any other affected documents noting the changes and that the revised plat drawing/documents supersede the originally approved drawing/documents.
H. Modifications to a short subdivision shall not amend or extend the established time limit for short subdivision approval as provided in Section 17.40.080.
I. Alterations to a short subdivision after recording with the Kitsap County auditor shall follow the process established in Chapter 17.90 or through submittal of a new application. Vacations of an approved short subdivision shall be made through the subdivision vacation process in Chapter 17.90. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)