Chapter 13.32
SHORT SUBDIVISIONS
Sections:
13.32.010 Purpose of provisions.
13.32.030 Approving authority.
13.32.035 Pre-application conference required.
13.32.040 Application procedures.
13.32.050 Contents of short plat.
13.32.070 SEPA review required.
13.32.080 Processing procedures.
13.32.090 Further subdivision restricted.
13.32.095 Approval--Extension of time.
13.32.010 Purpose of provisions.
It is the purpose of this chapter to further the public interest and community welfare by submission of short subdivisions, as defined in Section 13.32.020, to the Town for review and decision by the Planning Commission. Such short subdivisions shall be expeditiously processed consistent with the requirements of Chapter 58.17 RCW. This chapter shall be liberally construed to achieve this purpose. Provisions of Chapter 58.17 RCW, as now or hereafter amended, are incorporated by reference. The approval of a short subdivision by the Town does not indicate that the parcels are either buildable or provided with utilities. It is the responsibility of the buyer to investigate any proposed methods of serving the parcels with utilities and access. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 1, 1987)
13.32.020 Definitions.
As used in this chapter, the following terms have the following meanings:
"Dedication" means the deliberate appropriation of lands by an owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public use to which the property has been devoted.
"Final short plat" means a final, precise drawing of a subdivision which conforms to the approved preliminary plat, and meets all conditions of the preliminary approval and all requirements of this title.
"Lot" means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term includes "tracts," "parcels," or "sites."
"Preliminary short plat" means an approximate drawing of the proposed layout of streets, lots and other facilities for the subdivision of land into four or fewer lots. The preliminary short plat is the basis of approval or disapproval by the Planning Commission of the final short plat.
"Short plat" means the map or representation of a short subdivision.
"Short subdivision" means a division of land with four or less lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 204 § 2, 1987)
13.32.030 Approving authority.
The approving authority is the Planning Commission of the Town. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 204 § 3, 1983)
13.32.035 Pre-application conference required.
A pre-application conference shall be required for all applications for short subdivisions, consistent with the requirements of Section 13.04.025. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 01-410 § 3 (part), 2001: Ord. 01-404 § 3 (part), 2001: Ord. 00-396 § 3(part), 2000: Ord. 99-372 § 4(part), 1999)
13.32.040 Application procedures.
A. The application shall contain, at a minimum:
1. The name, address and telephone number of the applicant and/or property owner;
2. A legal description of the property to be subdivided;
3. A statement of the underlying zoning;
4. The proposed methods of serving the individual lots in the short subdivision with utilities, including hydrants, and access;
5. The name, address and telephone number of the owner(s) of all adjacent parcels;
6. A current title report or plat certificate dated within ten days of the date of submittal;
7. An area map, including property to be subdivided.
B. The application form shall be accompanied by twelve copies of the short plat application and the application fee. The short subdivision application fee shall be in the amount as set forth in the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time the application is submitted. No such fee shall be refundable after acceptance of an application by the Town.
C. Short subdivisions shall be determined complete based on the criteria listed in subsection B of this section and Section 13.32.050, and notice provided according to the procedural requirements of Chapter 14A.04 of this code. A short subdivision application shall be processed consistent with the procedural requirements of Chapter 14A.04 of this code. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 08-491 § 1(part), 2008; Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 4, 1987)
13.32.050 Contents of short plat.
The proposed short plat shall be a neat drawing, to a scale no smaller than one inch to one hundred feet. All documents anticipated to be recorded shall comply with county requirements. For convenience in distributing the plat to the Planning Commission and Council, a paper reproduction eight and one-half inches by eleven inches or larger is required. The following information shall be provided:
A. The date, scale and north arrow;
B. The boundaries of the entire parcel being subdivided, including all contiguous unplatted property owned by the subdivider;
C. Access provisions for each lot or tract therein (whether public or private);
D. Identification, dimensions and areas of all proposed lots, whether or not within the limits of the Town;
E. The name, location and width of existing and proposed public rights-of-way;
F. The location, dimension and purpose of existing and proposed easements;
G. The proposed building setbacks on each proposed lot;
H. The location of existing buildings and major structures and their distances from the property lines;
I. The locations of existing natural features such as streams, rivers, wetlands, shorelines, drainageways, ravines and steep slopes;
J. The location and size of existing utilities, including water, sewer, storm drains and fire hydrants along with verification of the above from the servicing utility; and/or proposed plans for providing the above if not presently available. Plans for new hydrants shall be accompanied by a statement of approval from the serving water utility and the fire chief;
K. The location and description of permanent control monuments to which all dimensions, bearings, azimuths and similar data on the plat are referred;
L. Purpose for which sites are dedicated to the public;
M. Certification by registered land surveyor as to the accuracy of the plat and survey;
N. Certificate of owner(s) dedicating roads, rights-of-way, easements and any sites for public purposes. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 06-469 § 4, 2006; Ord. 204 § 5, 1987)
13.32.065 Approval criteria.
The Planning Commission shall not approve applications for short subdivisions unless it is demonstrated by the subdivider that each of the following criteria has been met or will be met:
A. Each lot resulting from the short subdivision shall conform with the comprehensive plan and zoning regulations;
B. Each lot shall adjoin a public or private street and adequate access for vehicles, utilities, and fire protection will be provided;
C. Curb, gutter, walkway, trail connections, transit stops, streets, storm drainage, sanitary sewer lines, water lines and other utilities as required shall be installed at the expense of the applicant and meet Town specifications and applicable ordinances and the Town Engineer has certified or approved the proposed plans;
D. The subdivider has provided an easement for utilities transmission services, if necessary;
E. Private property necessary for public use for streets will be dedicated by a deed of dedication acceptable to the Town or by preparing a plat to be recorded;
F. A bond will be posted to insure completion of those improvements required under these criteria but not yet installed or provided;
G. Adequate public facilities will be provided, as required by the Town Engineer or Director of Public Works. These facilities may include, but not necessarily be limited to, parks, playgrounds, schools, open spaces, transit stops, and trails and trail connections;
H. All requirements of the State Environmental Policy Act (SEPA) have been met;
I. No development shall occur which causes a flooding hazard, or until any development occurring within an identified floodplain has been properly mitigated;
J. The public interest will be served by the proposal;
K. All the requirements of Chapter 58.17 RCW have been met;
L. The proposal meets all requirements of the Snohomish County Shoreline Master Program and the Town of Woodway Shoreline Master Plan;
M. The proposal complies with the State of Washington Shoreline Management Act, if applicable; and
N. The application is consistent with the development standards listed in Chapters 13.36, 13.40, 13.44 and 13.48 of this code. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 01-410 § 3 (part), 2001: Ord. 01-404 § 3 (part), 2001: Ord. 00-396 § 3(part), 2000: Ord. 99-372 § 4(part), 1999)
13.32.070 SEPA review required.
SEPA review is required as provided in Title 16 of this code. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 12, 1987)
13.32.080 Processing procedures.
A. The review of a proposed short subdivision shall be processed consistent with the procedural requirements of the applicable sections of Chapter 14A.04 of this code.
B. The Planning Commission shall convene an open record hearing on the preliminary short plat pursuant to the procedures set forth in Chapter 14A.04 of this code.
C. Prior to the Planning Commission hearing, a staff report shall be prepared on the proposed action that summarizes the comments and recommendations, comments of any affected public agencies and special districts, and that evaluates the proposed short plat’s consistency with Town ordinances, adopted plans and regulations. The staff report may include proposed findings, conclusions and recommendations for consideration of the application.
D. Within fourteen calendar days after the date of the closed record, the Planning Commission shall issue a decision regarding the preliminary short plat, provided the Planning Commission shall not issue a decision until at least fifteen calendar days following the issuance of any applicable SEPA threshold determination.
E. Following the approval by the Town Engineer of the constructed or bonded improvements as set forth in Section 13.12.090, the applicant shall prepare a final short plat for review and action by the Planning Commission.
F. A vote by a majority of the Planning Commission shall be sufficient to take any action with respect to the preliminary and final short subdivision.
G. A quorum for the Planning Commission shall be identical to that provided in Section 2.20.030 of this code.
H. Action of the Planning Commission upon short subdivision pursuant to this chapter shall be final, and no review of same by the Town Council is intended by this chapter.
I. The final short plat shall be prepared consistent with the standards set forth in Section 13.16.010. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 6, 1987)
13.32.090 Further subdivision restricted.
Land in any short subdivision may not be further divided in any manner within a period of five years without the filing of a formal subdivision except when the further division and all prior short subdivisions during the five-year period together do not create more than four lots. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 10, 1987)
13.32.095 Approval--Extension of time.
Applications for extensions of time on any final approval short plat shall be filed in writing with the Town Clerk at least thirty days before the expiration of five years from the date of preliminary short plat approval. The Town Council may grant one one-year extension, by making written findings that there is not a substantial change in the proposal, that the findings and conclusions of the original approval still apply, and that the applicant has made a good-faith attempt to submit the final plat within the five-year period. A properly filed application for an extension of time extends the time limit until the Town has acted on the application, but the short plat may not be filed for record during the period between the original expiration date and the date the Town acts on the extension request, and until final approval is granted by the Town Council. (Ord. 15-564 § 1 (Exh. A (part)), 2015)
13.32.100 Recordation.
Any short plat approved pursuant to the provisions of this chapter shall be recorded with the county auditor by the Town, within a period of twelve months from and after the date of approval. Such approval will expire automatically at the conclusion of this period if not recorded, unless reviewed and extended by the Planning Commission. The applicant shall submit final mylars and the recording fee as established by Snohomish County to the Town for signature by the Town Engineer, Health Officer and Mayor, and recording with the Snohomish County. A copy of the recorded short plat shall be returned to applicant, within ten calendar days of the recording. One reproducible copy of the approved short subdivision shall be furnished to the Town and one paper copy shall be sent to the county assessor. (Ord. 09-513 § 1 (Exh. A (part)), 2009: Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 204 § 7, 1987)
13.32.110 Violation--Penalty.
A. No lot in any short subdivision shall be improved, sold or contracted to be sold by the owner(s) thereof, or by any agent of the owner(s) until a copy of the approved short plat has been recorded and returned to the Town Clerk.
B. Violation of this chapter may be enjoined by the Town Attorney. In addition, any person, firm, corporation, or association, or any agent of any person, firm, corporation or association, who violates any provision of this chapter shall be guilty of a misdemeanor and subject to the penalties of RCW 58.17.300. Each sale, offer for sale, lease or transfer of each separate lot in violation of any provision of this chapter shall be deemed a separate and distinct offense. (Ord. 204 § 8, 1987)