Chapter 19.12
SHORT SUBDIVISIONS – GENERAL PROVISIONS
Sections:
19.12.010 Applicability of provisions.
19.12.030 Redivision of platted lots.
19.12.040 Withdrawal of short plat.
19.12.050 Administrative authority.
19.12.010 Applicability of provisions.
Every division of land for the purpose of sale, lease or transfer into nine or fewer lots, parcels or tracts within the city shall proceed in compliance with this chapter and Chapter 19.14 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 6; Ord. 1144-12 § 2 (Exh. A))
19.12.020 Exceptions.
The provisions of this title do not apply to the following:
A. Cemeteries and other burial plots while used for that purpose;
B. Division of lands into lots or tracts each of which is one one-hundred-twenty-eighth of a section of land or larger or five acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bound by the centerline of the road or street and the side lot lines of the lot running perpendicular to the centerline;
C. Divisions made by testamentary provisions, or the law of descent;
D. Divisions of land into lots or tracts classified for industrial or commercial use, when the city has approved a binding site plan for the use of the land in accordance with its local regulations; provided, that when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan is filed for record in the county auditor’s office on each lot, parcel, or tract created pursuant to the binding site plan; provided further, that sale or transfer of a lot, parcel, or tract in violation of the binding site plan, or without obtaining binding site plan approval, is considered a violation of this chapter and a violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in this chapter and Chapter 58.17 RCW;
E. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of the land in accordance with local regulations;
F. A division made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site, or division, nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building;
G. A division which is made by subjecting a portion or a parcel or a tract of land to Chapter 64.32 RCW, Condominiums, if the city has approved a binding site plan for all such land. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.12.030 Redivision of platted lots.
A. Redivision of Short Plat Prohibited. As provided in RCW 58.17.060, a parcel of land in a short subdivision shall not be further divided by short subdivision procedures for a period of five years, except as provided in subsection (B) or (C) of this section.
B. Original Short Plat to Be Increased to Nine Lots. When the original short subdivision contains fewer than nine lots, filing of an additional short subdivision application within a five-year period to create up to a total of nine lots within the original short subdivision boundaries is permitted when consistent in all respects with the then-current regulations of the city.
C. Original Short Subdivision to Be Increased to 10 Lots or More. Land within an approved short subdivision shall not be further divided into more than 10 lots for a period of five years from the date of approval of the short subdivision without the submission and approval of a final long subdivision pursuant to all provisions of this title concerning the subdivision of land into 10 or more lots, tracts, or parcels as required by the then-current Chapters 19.08 and 19.10 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 7; Ord. 1144-12 § 2 (Exh. A))
19.12.040 Withdrawal of short plat.
Where there have been no dedications to the public and no sales of any lots in a short subdivision, a developer may completely withdraw his entire short subdivision and thereafter present a new application. Such new application shall be subject to the then-current regulations of the city including fees as required by the city of Sultan annual fee schedule for short subdivision applications. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.12.050 Administrative authority.
The city administrator and the director are responsible for processing and approving or denying proposed short subdivisions as provided for Level II applications in Chapter 19.24 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))