Chapter 16.04 GENERAL PROVISIONS

This title is adopted pursuant to authority of Chapter 58.17 RCW to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land; to lessen congestion on the streets and highways; to promote effective use of the land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to promote the proper arrangement of streets, lots, easements, pathways and other private or public ways; to provide for adequate and convenient open spaces, utilities, recreation, and access for service and emergency vehicles; to provide for adequate water, drainage, sewer and other public facilities; to promote a coordination of development as land develops; to conserve natural beauty and other natural resources; to maintain and perpetuate environmental quality; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.020 Applicability.

This title shall apply to all divisions of land into two or more lots or tracts for the purpose of sale, lease, or transfer. It shall apply to plats, replats, subdivisions, short subdivisions and binding site improvement plans. The provisions of this chapter shall apply to all applications under any chapter of this title. (Ord. 1215 § 2, 2019; Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.030 Exemptions.

The provisions of this title shall not apply to:

A. Cemeteries and other burial plots while used for that purpose.

B. Any division of land made by testamentary provisions or the laws of descent.

C. Reserved.

D. Any deeding of land to the city; provided, however, that any remaining lot or lots which do not comply with the requirements of this code relating to zoning, access or health and safety shall not be considered as building sites by the city.

E. Any division of land for the purpose of adjustment of one or more boundary lines between adjacent lots or tracts, subject to the following provisions:

1. Adjustments to boundary lines may only be approved to consolidate existing lots, or to effect minor changes to existing property lines.

2. Adjustments to boundary lines shall not result in the creation of any new lot or tract, substandard lot or substandard yard or setback, nor increase the degree of nonconformity of any existing legal nonconforming lot.

3. Adjustments to boundary lines shall not significantly change the configuration, shape or pattern of more than four existing lots, nor require the relocation of an existing public street or the creation of a new public or private street to provide access to the lots after the adjustment of boundary lines.

4. All requirements of this section shall be narrowly and strictly construed and applied, and the responsible official shall resolve any reasonable question as to whether the proposed adjustment of boundary lines creates a new lot or a substandard lot in favor of denial of the boundary line adjustment.

5. The director shall prepare a written decision on all proposed adjustments of boundary lines, setting forth the basis therefor. The decision may be to approve, approve with conditions or deny.

6. The applicant shall prepare a true and correct graphic representation to a scale prescribed by the director. The graphic representation shall be produced in recordable form upon one or more sheets of 18-inch by 25-inch mylar or similar reproducible material, with two-inch borders. All previously existing and adjusted boundary lines shall be depicted, and all conditions of approval established by the director shall set forth as notes thereon. The approval of the director shall be endorsed upon such graphic representation prior to recording.

7. The right to appeal a decision of the director pursuant to this subsection is limited to those owners of record of any and all property whose boundaries are changed by the boundary line adjustment. (Ord. 1215 § 3, 2019; Ord. 1198 § 21 (Exh. C), 2017; Ord. 897 § 1, 2002; Ord. 769 § 10, 1996; Ord. 669 § 2, 1991).

16.04.035 Treatment of lots platted prior to June 9, 1937.

A. For purposes of this section, a “pre-1937 lot” is any lot platted prior to June 9, 1937.

B. Subject to the provisions of subsection C of this section, any five or more contiguous pre-1937 lots in a single ownership as of the effective date of this section, any subsequent conveyance of one or more thereof notwithstanding, shall not be treated as separate legal lots for the purpose of the application of any of policy, ordinance, code or regulation of the city. Four or fewer pre-1937 lots in common ownership shall be treated as separate legal lots.

C. Any pre-1937 lot contiguous to four or more pre-1937 lots in common ownership as of the effective date of the ordinance codified in this chapter shall be treated as a separate legal lot if, and only if, such lot contained a separate habitable residence served by municipal water and sewer, or approved septic if not required to be connected to the municipal sewer, as of the effective date of the ordinance codified in this chapter.

D. Pre-1937 lots subject to this section which are not treated as separate lots shall require short subdivision, subdivision or binding site improvement plan pursuant to the requirements of Chapter 58.17 RCW and this title to create separate lots, parcels or tracts for all purposes relating to the application of any policy, ordinance, code or regulation of the city. Pre-1937 lots may be resubdivided only if they meet all requirements of this code in effect at the time of filing a complete application for subdivision, short subdivision or binding site improvement plan. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 897 § 2, 2002).

16.04.040 Conformance with other regulations.

A. No subdivision, short subdivision or binding site improvement plan shall be approved unless found to be in conformance with all adopted and applicable city ordinances, plans and policies, including but not limited to Chapters 15.18, 15.20 and 19.12 SMC, and the provisions of any adopted subarea master plan.

B. All records of surveys in connection with any plat, short plat or binding site improvement plan shall be in conformance with Chapter 58.09 RCW. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.050 Definitions.

The following definitions apply throughout this title unless, from the context, another meaning is clearly intended.

A. “Alley” means a strip of land dedicated to public use, less than 21 feet wide, between property lines, which provides access to adjacent properties.

B. “Applicant” means a person who applies for any approval under this chapter and who is an owner of the subject property or the authorized agent of the owner.

C. “Binding site improvement plan” means a drawing to the scale of one inch equals 100 feet, or a scale prescribed by the director, which (1) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by Chapter 16.12 SMC; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as established through a discretionary review process; and (3) contains provisions requiring that development be in conformity with the site plan.

D. “Block” means a group of lots, tracts, or parcels within defined and fixed boundaries.

E. “Bond” means a written certificate guaranteeing to pay up to a specified amount of money if specified work is not performed, or any similar mechanism whereby the city has recourse to an identified fund from which to secure performance of specified work.

F. “Buffer strip” means an area or strip of land, located to provide separation between land uses such as between residential areas and business, commercial and industrial areas. Parks, playgrounds and the sites of public buildings may serve as buffers.

G. “Dedication” means the deliberate appropriation of land by an owner for general and public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Dedication should be evidenced by filing or recording with the county auditor a document of conveyance or a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the written approval of such plat or conveyance for filing by the city.

H. “Director” means the director of community development or his or her designee, or such other official as the mayor may designate.

I. “Division of land” means the separation of any parcel of land into two or more lots or tracts.

J. “Drainage facility” means as defined in SMC 15.18.040.

K. “Easement” means specific air, surface, or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than the subject property.

L. “Final plat” means the final drawing of the subdivision and dedication prepared for filing of record with the county auditor and containing the elements and requirements set forth in this title.

M. “Lot” means a fractional part of subdivided lands having fixed boundaries, and having sufficient area and dimension to meet minimum zoning requirements for width and area.

N. “Owner” means all persons, partnerships, corporations, and other entities that have an ownership interest (including purchasers and sellers under a real estate contract) in the subject property.

O. “Plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

P. “Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

Q. “Right-of-way” means land dedicated primarily to the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, the land provides space for utility lines and appurtenant and similar components.

R. “Short plat” means a map or representation of a short subdivision.

S. “Short subdivision” means the division of land into lots or tracts for the purpose of sale, lease, or transfer under the process described in Chapter 16.08 SMC.

T. “Site” means a lot or combination of lots improved with a single residence, structure, or similar use.

U. “Standard record of survey” means a record of survey form approved and provided by the city.

V. “Subdivision” means the division or redivision of land into lots or tracts for the purpose of sale, lease or transfer of ownership, under the process described in Chapter 16.10 SMC.

W. “Tract” means a fractional part of subdivided lands having fixed boundaries, not meeting the requirements for a lot, or created for a special use, including public spaces, storm drainage features or sensitive area protection, other than for a building lot. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 769 § 11, 1996; Ord. 669 § 2, 1991).

16.04.060 Administration.

The provisions of this title shall be administered by the director. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.070 Presubmission conference.

Before making any application under this title, the applicant shall arrange to review the proposal informally with the director in a presubmission conference. The proposal shall be described in writing, and include as much of the information required for submission of an application as may be available. The conference shall take place prior to detailed work by an engineer or surveyor. The conference shall include discussion of the comprehensive plan, street plan, shoreline master plan, zoning, availability of sewer and water, development concepts, other city requirements and permits, and the environmental impact of the subdivision. The possibilities of future development on adjacent land shall also be discussed. The purpose of such a conference is to identify potential problems in order for the application to be processed without delay, and matters discussed at such conference shall not be deemed to be binding upon either party. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.080 Filing of applications.

A. All applications pursuant to this title shall be delivered to the director, and may be accompanied by applications for other approvals which may be required as a condition of approval of a proposed division of land under this title, including but not limited to the regulations identified in SMC 16.04.040. The director shall note the date of receipt of the application, and shall notify the applicant within 15 days of receipt of any deficiencies found in any application under this title. If no deficiencies are found, and all applicable fees are paid, the director shall accept the application as fully complete and the application shall be deemed filed as of the date of submittal. If any deficiencies are found, the application shall be returned to the applicant, and shall not be accepted for filing until such deficiencies are corrected. The director shall note on the application the date as of which he or she deems a complete application to have been filed.

B. The applicant shall be responsible for the accuracy of all data and information submitted on or with an application. Any application found at any time to be materially inaccurate or misleading shall be returned to the applicant with a letter stating that the application must be corrected and returned to the director. A fee in accordance with an adopted fee schedule will be charged for this procedure.

C. All applications for a proposed division of land pursuant to this title shall be considered under the provisions of this title, and zoning and other land use control regulations of this code, in effect on the land at the time of filing of a fully complete application. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.090 Mailing of notices.

When notice is required to be mailed to adjoining property owners in connection with any application under this title, a list containing the names and addresses of such adjoining property owners, together with pre-addressed envelopes with sufficient postage affixed, shall be provided to the city by the applicant for the mailing of such notices. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.100 Consent to access.

The applicant shall permit free access to the land which is the subject of any application under this title to all public agencies considering the application for the period of time extending from the time of application to the time of final action. Public agencies shall notify the applicants prior to making a site inspection. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.110 Performance sureties.

A. The director may but shall not be required to allow an assigned savings account or bond in the amount of 150 percent of the estimated cost of any improvements required as a condition of a subdivision, short subdivision or binding site improvement plan which remain to be completed at the time of the final approval, as a guarantee that the required improvements will be constructed within one year of the date of recording of the final plat. The estimated cost shall be based upon information furnished by the applicant, and approved as reasonable by the director. Such security shall be released upon the latter of the satisfactory completion of all required improvements and the expiration of any applicable warranty periods.

B. Sureties or other performance guarantees acceptable to the city may be required by the city council to ensure the successful operation for up to two years of any improvements required pursuant to this title.

C. The provisions of this section are not intended to limit the duration of sureties which may be required under any other chapter of this code. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.120 Inspections.

Required improvements shall be inspected and approved for acceptance by the city. The cost of all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid before final approval of the short plat or plat. The city may arrange for inspections to be conducted by properly qualified consultants and may charge the applicant for the cost of such inspections. No bridge, water system, or sewer system shall be accepted unless the design and construction thereof shall have been certified by the city engineer, or a civil engineer licensed by the state and acceptable to the city, to be in accordance with all applicable state and local requirements. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.130 Fees.

Applicants for permits or other approvals pursuant to this title shall pay to the city the applicable fees identified on the approved fee schedule, as the city council may from time to time adopt by resolution. No application under this title shall be deemed to be complete unless accompanied by all applicable fees. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.140 Violations.

Except as provided in SMC 16.04.150, any person, firm, corporation or association, or any agent of any person, firm, corporation or association, who violates any provision of this title relating to the sale, offer for sale, lease or transfer of any lot or tract is guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of this title is a separate and distinct offense. Any other violation of this title shall be considered a misdemeanor and shall be punishable as provided by law. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.150 Relief for innocent purchaser.

The city shall not issue any permit for construction on, modification to, or use of any property divided or segregated in violation of this title or state law, unless the city specifically approves a permit based on the following criteria:

A. That the applicant purchased the property as an innocent purchaser for value without actual notice that the property was divided or segregated in violation of this law;

B. That the public interest will not be adversely affected by approving the permit. In determining the public interest, the city shall use substantially the same criteria as would be used in reviewing a preliminary plat application under this title. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.160 Variances.

A. An applicant for a short subdivision or subdivision may apply for a variance from any development standards set forth in this title where there exist extraordinary conditions such as topography, access, location, shape, size, drainage or other physical features of the site or other adjacent development which result in unusual hardship or extraordinary difficulties to the owner in attempting to make use of the land. Such application shall accompany the preliminary application, shall include information necessary to support the application, and shall outline the provisions from which the variance is sought.

B. All applications for variances shall be heard by the hearing examiner. Notice of the hearing shall be mailed to all property owners within 500 feet of the affected property not less than 10 days prior to the date of the hearing. The hearing examiner’s decision may include conditions that will further the objectives of the standards or requirements so varied. For a variance for a short subdivision, the hearing examiner shall also decide the underlying short plat application.

C. The hearing examiner shall base their decision upon the finding of an unusual hardship or extraordinary difficulties if the minimum requirements of this title are strictly applied, and further find that:

1. The public welfare, use and interest are protected;

2. The granting of the variance will not confer a special privilege to the subject property that is denied other lands in the same district;

3. The development is in keeping with the intent of these regulations;

4. The variance would not have the effect of nullifying the intent and purpose of the zoning code, the comprehensive plan, or this title; and

5. The extraordinary conditions or unusual hardship do not result from the actions of the applicant. (Ord. 1215 § 4, 2019; Ord. 1198 § 21 (Exh. C), 2017; Ord. 1131 § 1, 2014; Ord. 769 § 12, 1996; Ord. 669 § 2, 1991).

16.04.170 Provision of public and semipublic lands.

The city may require the applicant to make land available, by dedication, for school sites, parks and open space, rights-of-way, utilities infrastructure, or other similar public or semipublic uses of land if such dedication is reasonably necessary as a result of the short subdivision, subdivision or binding site improvement plan. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.180 General layout of lots.

A. All lots within a short subdivision or subdivision must meet the minimum size and dimension requirements established for the property pursuant to the zoning code, or other land use regulations. For subdivisions, the minimum lot area shall be deemed to have been met if the average lot area is not less than the minimum lot area required by the zoning code. In computing the average lot area, not more than 10 percent of the total number of lots may contain area less than the prescribed minimum for the zoning district. No lots shall be permitted which contain an area less than 75 percent of the prescribed minimum for the zoning district.

B. Lots must be shaped to permit reasonable use and development of the lot.

C. The short plat or plat must be designed to allow for reasonable subdivision and use of adjoining properties. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.190 Roads.

A. All lots must have direct legal access to either a right-of-way or a vehicular access easement or tract meeting the requirements of this title. The city shall determine on a case-by-case basis whether access will be by right-of-way or vehicular access easement or tract. If vehicular access within the short plat or plat will be provided by means other than rights-of-way, the short plat or plat must contain easements or tracts which will provide the legal right of access to each of the lots served. The city may require that the legal right of access be granted to other adjoining properties in order to provide a safe and efficient circulation system within the city.

B. Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served.

C. The standard width and engineering design of public and private rights-of-way shall conform with Chapter 12.16 SMC.

D. Where necessary to connect to existing roads, or to provide for future overall area circulation, roads may be required to extend to the outside boundaries of the subdivision.

E. Road grades, curves, and intersections shall provide adequate sight and stopping distances for traffic safety.

F. Subdivisions shall incorporate provisions for controlling access onto arterial roads in accordance with accepted engineering practices.

G. When proposed, privately owned and maintained road rights-of-way serving lots may be approved only when it is determined that:

1. There will be no resulting public safety hazard;

2. Such roads will be built to city road standards; and

3. The right-of-way is not required to be public, pursuant to subsection H of this section.

H. Dedication to the city of public right-of-way shall be required within or along the boundaries of the subdivision or short plat or along any lot(s) within, under the following circumstances:

1. Where the six-year improvement plan indicates the necessity of a new right-of-way or portion thereof for street purposes; or

2. Where necessary to extend or to complete the existing neighborhood street pattern.

I. If the plat contains a private road, there shall be inscribed on the face of the plat the following language:

WARNING: The City of Snoqualmie has no responsibility to build, improve, maintain or otherwise service the private roads within or providing access to property described in this plat.

(Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.200 Utilities.

A. The applicant shall provide connections for potable water service to each lot created.

B. The applicant shall install a water system that will provide adequate fire flow and all firefighting infrastructure and appurtenances required by the fire marshal.

C. The applicant shall comply with the construction phase and permanent stormwater control requirements of Chapter 15.18 SMC.

D. The applicant shall install a sanitary sewer system hookup to serve each lot.

E. Arrangements shall be made by the applicant to install utility lines for electricity and telephone service underground.

F. Utility lines, other than in rights-of-way and vehicular access easements or tracts, shall be within easements centered on property lines wherever possible. Except in unusual circumstances, easements for utilities shall be at least 10 feet in width. The city may require that utilities be extended to the perimeter of the plat or short plat adjoining other properties, and easements be granted therefor, in order to provide an efficient utility system within the city. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.210 Land dedication and open space.

A. All subdivisions shall provide a minimum of 10 percent of the total gross area of the subdivision for parks, open space, green belt and buffer strips. If a requirement for a greater percentage has been established in another applicable ordinance, plan or policy, the greater requirement shall apply. At least one-half of such area shall be usable for active recreation.

B. Open space, parks, or common areas shall be efficiently located and provided with adequate access.

C. Fees in lieu of dedication of land for parks and open space may be permitted by the city council in accordance with state law. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.220 Drainage easements.

Where a subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement in favor of the city, conforming substantially with the alignment of the watercourse and of an adequate width for maintenance and erosion control purposes. This requirement shall not entail any responsibility for watercourse maintenance on the part of the city. The city may require the applicant to provide for maintenance of such drainage courses. (Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).

16.04.230 Short subdivisions, subdivisions and binding site improvement plans within the MU mixed use district.

A. The provisions of this section shall prevail over conflicting provisions in the remainder of this title with respect to short subdivisions, subdivisions and binding site improvement plans within the MU mixed use district.

B. Short subdivisions, subdivisions and binding site improvement plans located within the MU mixed use district shall be reviewed subsequent to or concurrently with a mixed use final plan, in accordance with Chapter 17.30 SMC.

C. The review procedures for short subdivisions, subdivisions and binding site improvement plans within the MU mixed use district shall be in accordance with the applicable review procedures of this title to the extent they are not inconsistent with this section. The procedure for such applications may be combined with the procedures of other applicable city ordinances. Public hearings and hearing notices required by other ordinances may be consolidated; provided, that the notice procedure which provides the longest notice period shall be followed.

D. The city shall ensure that the short subdivision, subdivision or binding site improvement plan within the MU mixed use district is consistent with and implements the provisions of the mixed use final plan and Chapter 17.30 SMC. One or more findings addressing the subdivision’s consistency with and implementation of the mixed use final plan shall be made a part of the director’s decision on short subdivisions and the hearing examiner’s decision on subdivisions.

E. The application for a short subdivision, subdivision or binding site improvement plan shall include all the information required by other applicable chapters of this title. Additionally, the application shall include the following:

1. A detailed landscape plan per SMC 17.70.030;

2. A detailed plan of the proposed treatment of the perimeter of the development, including materials and techniques used, such as screens, fences, and walls per SMC 17.70.060;

3. Specific design standard for minimum lot area, width, frontage and yard requirements, standards, building heights, and parking provisions, as applicable;

4. Proposed restrictive covenants;

5. Proposed articles of incorporation and bylaws of the lot owners association or other mechanism to assure permanence and maintenance of common open space and recreational facilities, as well as drainage facilities per Chapter 15.18 SMC;

6. A detailed description of architectural design standards to be applied to the project;

7. A description of how the proposal meets applicable policies of the Snoqualmie vicinity comprehensive plan and the approved mixed use final plan. (Ord. 1215 § 17, 2019; Ord. 1198 § 21 (Exh. C), 2017; Ord. 669 § 2, 1991).