Chapter 19.14
SHORT SUBDIVISION PROCEDURES
Sections:
19.14.010 Requirement to undertake short plat procedures.
19.14.020 Application requirements.
19.14.030 Determination of completeness, resubmittal and expiration of application.
19.14.040 Public notice of application process.
19.14.050 Administrative review.
19.14.070 Short plat improvements – Surety – Time limit – Maintenance bond.
19.14.080 Short plat survey and dedication requirements.
19.14.090 Survey requirements.
19.14.100 Short plat final approval – Recording.
19.14.010 Requirement to undertake short plat procedures.
Subject to the exception for contingent sales and escrows in RCW 58.17.205, when a short subdivision is proposed, the developer shall apply and secure approval of the proposed short subdivision in accordance with the following procedures before the sale of any lot and before the issuance of any permit for the erection of a structure within the proposed short subdivision. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.020 Application requirements.
A. Preapplication Conference.
1. Prior to the filing of a short subdivision application, the developer shall apply for a preapplication conference as provided in SMC 19.02.030.
2. The development review team shall advise the developer as to procedure, conformity to applicable ordinances and comprehensive plan policies.
3. Attendance and participation in a preapplication conference shall not vest an application. Vesting of an application shall only occur when a complete short subdivision application has been submitted and accepted for review along with the applicable fee as provided by the city of Sultan annual fee schedule.
B. Development Authorization Required.
1. Short plats require a Level II review and decision process as provided by Chapter 19.24 SMC.
2. As provided in WAC 197-11-800(6), short subdivisions dividing land into fewer than 10 lots, tracts, parcels, sites or division for the purpose of sale, lease, or transfer of ownership shall be categorically exempt from SEPA threshold determination requirements, except as otherwise provided in WAC 197-11-305 and 197-11-800 as determined by the director.
C. Application for Short Subdivision. Application for short subdivision approval shall consist of the following:
1. One CD with individual PDFs of each item listed below;
2. One original plus four copies of the permit application form;
3. Two vicinity maps (on eight-and-one-half by 11-inch);
4. Written project narrative (detailed description of proposal);
5. Two public notice materials;
6. One original (wet stamped) plus four full-size copies of plat;
7. Two 11-by-17-inch copies of plat;
8. Two eight-and-one-half-by-11-inch copies of plat;
9. Tree survey, if required;
10. One original SEPA signed plus four copies;
11. Soils report;
12. Traffic impact analysis;
13. Landscape plan;
14. Park and open space plan;
15. Stormwater drainage report;
16. Wetland study;
17. Geotechnical report;
18. Title report, 30 days to current at time of submittal; and
19. Any other items deemed necessary by the community development director in order to review the application for compliance with development regulations. (Ord. 1347-21 § 54; Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 8; Ord. 1144-12 § 2 (Exh. A))
19.14.030 Determination of completeness, resubmittal and expiration of application.
A. The developer shall submit the application to the director along with the appropriate fees.
B. Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.
C. The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:
1. A determination of completeness; or
2. A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.
D. The application shall not be accepted for formal filing until issuance of a formal determination of completeness by the director.
E. Resubmittal.
1. Resubmittals with the necessary information making the application complete within 90 days of original filing will not be subject to additional filing fees.
2. Resubmittals between 90 days and 180 days of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the city of Sultan annual fee schedule.
F. Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within 180 days of the notification of such determination shall result in expiration of the application. Any subsequent application for subdivision of the subject property shall be subject to a new application process and all fees applicable to a preliminary subdivision application. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.040 Public notice of application process.
Notice shall be provided as required for Level II process in Chapter 19.34 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.050 Administrative review.
The director shall consider the application materials, the development review committee recommendations and any public comments submitted on the proposal and determine whether the proposal conforms to policies, standards and accepted design principles for the following:
A. Consistency with the comprehensive plan and municipal code;
B. Appropriate provisions for the factors enumerated in RCW 58.17.110 within and around the proposed short plat;
C. Adequate means of ingress and egress to the proposed lots in accordance with the provisions of this code;
D. Plans and design for all road and utility improvements required by this title, the city’s engineering standards and other applicable development standards;
E. Compliance with the critical areas regulations and shoreline master program as appropriate;
F. Compliance with the park recreation and open space plan, concurrency management standards, transportation plan, stormwater management program and all other components and appendices to the comprehensive plan;
G. Mitigation of probable adverse environmental impacts as determined by the SEPA review process when applicable. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.060 Notice of decision.
See notice provisions of SMC 19.34.120. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.070 Short plat improvements – Surety – Time limit – Maintenance bond.
A. Public facility improvements which may be required in short subdivisions shall be completed prior to final short plat certification and recording except when surety is provided according to the provisions of this section.
B. Essential improvements for vehicular transportation, emergency service access and stormwater management shall be completed prior to final approval of the short subdivision and shall not be deferred under a surety program.
C. The city may allow a developer to provide surety for sidewalks, street lights and other required improvements not listed in subsection (B) of this section.
D. Surety for short subdivision improvements shall be accompanied by engineered improvement plans and adequate surety is provided as required in SMC 19.10.070.
E. All improvements covered by surety shall be completed within one year of recording the short plat.
F. Said surety will be called for payment on behalf of the city immediately after the expiration of the one-year period after recording if the required improvements are not complete.
G. All public improvements required to be constructed for development of a short subdivision shall be as required in the Public Works Engineering, Design and Development Standards (EDDS), and Chapter 19.42 SMC, Public Facility Requirements. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.080 Short plat survey and dedication requirements.
A. Every short subdivision submitted for final approval shall be accompanied by a record of survey prepared by a registered land surveyor according to the procedures and requirements set forth in Chapter 58.09 RCW, the Survey Recording Act.
B. Survey requirements pertaining to the surveyor’s certificate, survey data and control monumentation shall be as provided for “final plats” in Chapter 19.10 SMC.
C. If the short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and a waiver of all claims against any government authority which may result in damages to the adjacent land from construction of, drainage from and maintenance of any road or stormwater management facility. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided. If any dedications are required, they shall be specifically identified on the plat document at the time of approval. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.090 Survey requirements.
A. A licensed professional land surveyor shall complete all lot staking prior to the recording of the short subdivision.
B. All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor’s registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city engineer.
C. When the legal description of the short subdivision utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030.
D. All reference monuments used in the establishment of the short subdivision corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey.
E. When the short subdivision is adjacent to a constructed public right-of-way and the plat corners or its offset represents a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed.
F. Whenever a short subdivision is adjacent to existing right-of-way, the centerline of the right-of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline.
G. All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE “SURVEY RECORDING ACT” CHAPTER 58.09 RCW AND WAC 332-130.
H. The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))
19.14.100 Short plat final approval – Recording.
A. Upon receipt of the completed short plat which meets all requirements of this chapter, the director shall submit all appropriate documentation to the city administrator who shall review and execute the administrator’s signature block on the short plat if it is found to be ready for execution.
B. The completed short plat must be accompanied by a current short plat certificate confirming that the title of the lands as described and shown on the short plat is in the name of the owner(s) signing the certificate.
C. No short plat shall be valid without execution of the city administrator’s, city engineer and community development director’s approval on the face of the plat.
D. After 10 days have elapsed from the date of the final approval as provided in SMC 19.14.060, or cessation of all appeal periods, the city shall provide the signed plat and all documents to be recorded to the responsible surveyor.
E. The responsible surveyor shall receive the plat and accompanying documents from the city and shall record said documents within 15 days of receipt. Recording fees shall be paid by the applicant.
F. The short subdivision shall be approved only when all necessary documents have been recorded. A recorded Mylar or digital copy of the recorded documents shall be returned to the city and kept with the city’s records.
G. The short plat is not a legal division of land until it has been recorded.
H. No permits for construction of any kind shall be issued for land subject to a short plat under the provisions of this chapter until documentation of the recorded plat has been provided to the city. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))