Chapter 16.08
SHORT SUBDIVISIONS
Sections:
16.08.020 Preliminary short subdivision application.
16.08.030 Notice of application.
16.08.050 Planning official decision.
16.08.060 Preliminary approval of short subdivision.
16.08.070 Approval and recording of final short plat.
16.08.010 Applicability.
Every division of contiguous land into four or fewer lots, for the purpose of sale, lease or transfer, may proceed in compliance with this chapter, unless the applicant elects to proceed in compliance with Chapter 16.10 SMC, subject to the following:
A. Parcels of land in the same ownership having contiguous boundaries shall be considered a single parcel for the purpose of this title.
B. Any number of short subdivisions of parcels of land in the same ownership having contiguous boundaries may be permitted; provided, that no more than eight lots are created within the contiguous ownership.
C. All lots created by short subdivision shall comply with the zoning, health, drainage, access and procedural requirements established by this chapter.
D. Land within a short subdivision shall not be further divided in any manner within a period of five years after recording of the short plat without the filing of a final plat; provided, this section shall not prevent the owner who filed a short plat containing fewer than four lots from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 1215 § 5, 2019; Ord. 669 § 2, 1991).
16.08.020 Preliminary short subdivision application.
A. Preliminary short subdivision approval consists of conceptual approval and establishment of the conditions of final short subdivision and final short plat approval by the planning official.
B. The applicant shall submit a completed preliminary short subdivision application, on a form prescribed by the planning official, together with an environmental checklist. The application shall contain the following information:
1. The name and address of the applicant and each person having an ownership interest in the property;
2. Street address of the property to be short subdivided, or if this is not available, a description of the location;
3. The legal description of the property;
4. The name of the proposed short subdivision, if any;
5. The proposed source of water supply;
6. The proposed sewerage system, including location and distance to nearest public sewer, if within 150 feet of the property boundary;
7. Proposed use of the lots to be created;
8. Area zoning;
9. A description of any other contiguous parcel having the same ownership; and
10. Such other information as the planning official may require to fully evaluate the proposal.
C. The application shall be accompanied by a drawing of the parcel to be short subdivided to a scale prescribed by the planning official showing the following:
1. Adjoining property lines and buildings on or within 150 feet of the parcel;
2. The dimensions of the parcel to be short subdivided;
3. The dimensions of all proposed lots and tracts;
4. Distances from proposed lot lines to existing structures;
5. All existing and proposed rights-of-way and easements; and
6. Significant natural features, including contour elevations, the limits of sensitive areas, as defined in Chapter 19.12 SMC, and significant trees, as defined in Chapter 15.20 SMC. (Ord. 669 § 2, 1991).
16.08.030 Notice of application.
A. Upon the filing of an application which would result in four or fewer lots being created, the city shall prepare and send notices of the proposed short subdivision to:
1. The owners of property within 500 feet of any boundary of the subject property;
2. Any city located within 500 feet of the boundary of the subject property;
3. The Washington State Department of Transportation if any part of any short subdivision within the contiguous ownership adjoins a state right-of-way;
4. Any other person or agency deemed appropriate by the planning official.
B. Reserved.
C. Such notices shall be mailed within 14 days after the determination of a complete application, and shall contain:
1. The name of the applicant and the proposed short plat;
2. The street address of the property to be short subdivided, or if this is not available, a description of the location;
3. The name of the owner of the property to be short subdivided;
4. A description of the proposal, including the number of lots proposed, typical lot size, and the proposed use;
5. A statement of the right of any person to submit written testimony to the planning official regarding the matter, and the deadline for submitting such testimony; and
6. A statement that only a person who submits written testimony to the planning official may appeal the planning official’s decision. (Ord. 1215 § 6, 2019; Ord. 1131 § 2, 2014; Ord. 669 § 2, 1991).
16.08.040 Review period.
A. Any person or agency shall have 21 days from the latter of (1) the date notification is mailed, or (2) the date of publication of notice, if published, in which to respond, or the planning official shall conclude that the reviewing agency or person has no interest in the application.
B. The application for short subdivision shall be approved, disapproved, or returned to the applicant for modification or correction within 90 days of the date of filing of a complete application, or within 90 days after the issuance of a final environmental impact statement, if required, whichever is later, unless the applicant consents to an extension of such time period. (Ord. 1215 § 7, 2019; Ord. 669 § 2, 1991).
16.08.050 Planning official decision.
A. The planning official shall issue a written decision either:
1. Approving the short subdivision, with or without conditions;
2. Modifying and approving the short subdivision; or
3. Denying the short subdivision.
B. The planning official may approve the short subdivision only if he or she finds that:
1. It is consistent with the comprehensive plan and zoning code;
2. It is consistent with the applicable design standards;
3. Appropriate provisions are made for the public health, safety and welfare, for 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 sidewalks and safe walking conditions for students who walk to and from school; and
4. It will serve the public use and interest.
C. The planning official’s decision shall be prepared in writing and shall include:
1. A statement approving with or without conditions, modifying and approving, or denying the application;
2. Findings and conclusions pursuant to subsection (B) of this section;
3. Any conditions, restrictions, and modifications that are determined to be necessary to eliminate or minimize any undesirable effects or impacts that would result from granting the proposed short subdivision; and
4. A summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the planning official.
D. Within two working days after the planning official’s written decision is issued the planning official shall distribute a copy of the decision to the applicant and to each person who requested such notification during the review process period. (Ord. 769 § 13, 1996; Ord. 669 § 2, 1991).
16.08.060 Preliminary approval of short subdivision.
A. Preliminary short subdivision approvals are valid for 12 months. During that period the conditions of approval, if any, must be fulfilled and the short plat filed for record. Upon application within that time period and upon good cause shown, the planning official may grant an extension of one additional 12-month time period.
B. If the conditions attached to the short subdivision approval are not fulfilled and the short plat not filed for record within the required period, preliminary approval of the short subdivision shall be null and void.
C. Approved short subdivisions shall become effective upon filing for record. (Ord. 669 § 2, 1991).
16.08.070 Approval and recording of final short plat.
A. A final short plat shall be prepared by the applicant in compliance with subsections B and C of this section. The final short plat shall be a recorded survey. The survey shall reference at least two existing or newly set off-site intervisible monuments. At least one monument shall be within 150 feet of the boundary of the property. If a new monument is set, it should be located whenever possible at the intersection of a lot line or boundary extension with the center line of a public right-of-way. All lot corners shall be staked correctly on the ground.
B. The final short plat shall be made upon one or more sheets of 18-inch by 25-inch mylar or similar reproducible material, with two inch borders. All lettering and drawing shall be in a permanent black ink, including any signatures, which shall be originals. Each sheet shall contain the short subdivision number assigned by the city, the name of the short subdivision and the number of the sheet and total number of sheets in the set. The final short plat shall contain the following information:
1. A vicinity sketch of the area where the short subdivision is located;
2. A legal description of the land contained within the short subdivision;
3. An engineering scale and north arrow;
4. All section, township and city boundary lines lying within or adjacent to the short subdivision;
5. The location of all monuments or other evidence used to establish the short subdivision’s boundaries;
6. The location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the short subdivision;
7. The boundary of the short subdivision with complete bearings and lineal dimensions, depicted with heavier lines than appear elsewhere on the short plat;
8. All lots, tracts and parcels, with identification by letter or number and the total area thereof;
9. The location, width, center line and name of all public or private roads, whether existing or to be created, within and adjoining the short subdivision;
10. The location and width of all easements, whether existing or to be created, shown with broken lines, and a description of the purpose thereof;
11. The length and bearings of all straight lines, and the radii, acres and semitangents of all curves;
12. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;
13. The location of legal access from the nearest public road to the entire parcel being short subdivided; and
14. All bodies of water, streams, wetlands and floodplains.
C. The final short plat shall contain the following certifications, in a form acceptable to the planning official, all acknowledged before a notary public:
1. A certification by all of the owners in fee simple and any other person or entity having any interest in the property that the creation of the short subdivision is by their free will and consent;
2. Certifications of all public and private dedications;
3. A certification by a licensed land surveyor pursuant to RCW 58.09.080, and other certificates and information required by Chapter 58.09 RCW;
4. A certification by the planning official that the short subdivision has been approved, that all conditions of approval have been fulfilled or provided for and that the final short plat is approved for recording;
5. A certification by the city engineer that all required public improvements have been constructed, or that adequate provision has been made therefor, and constructed public improvements have been inspected and approved;
6. A certification of approval by the mayor, attested by the city clerk;
7. A certification by the city clerk that all property taxes to date have been paid; and
8. A certification of filing by the county auditor.
D. Applications for approval of the final short plat shall be made upon a form prescribed by the planning official, and shall be accompanied by a final short plat, a current title company certification of the information specified in subsection E of this section, and the appropriate fee. If the final short plat is not sufficient as to form or content, the planning official shall return it to the applicant for the correction of deficiencies.
E. The title insurance certificate shall certify the following information:
1. The legal description of the parcel being short subdivided;
2. The names of all persons or legal entities having an ownership interest in the property;
3. All divisions or tax segregations of the property within the preceding five-year period;
4. Confirmation that the persons or legal entities signing any dedications are the owners of the land signing the certificate therefor;
5. Any easements or restrictions affecting the property, with a description of the purpose and referenced by auditor’s file number or recording number.
F. Within 30 days of receipt of an application for final short subdivision approval, the planning official shall either approve the final short plat and forward it to the county department of records and elections for recording, or return it to the applicant with a written statement of the reasons for disapproval. (Ord. 669 § 2, 1991).
16.08.080 Recording.
The final short plat shall be recorded with the county department of records and election, and a copy of the documents stamped with a recording number shall be sent to the county department of assessments for assessment purposes. No administrative approval of a short subdivision shall be deemed final until a final short plat has been recorded. (Ord. 669 § 2, 1991).
16.08.090 Appeals.
Repealed by Ord. 769. (Ord. 669 § 2, 1991).
Code reviser’s note: See SMC Title 14, Development Review, Chapter 2.12 SMC, Planning Commission, and Chapter 2.14 SMC, Hearing Examiner.