Chapter 17.12
SHORT SUBDIVISIONS AND SHORT PLATS

Sections:

17.12.010    Exemption determination.

17.12.020    Compliance with SEPA.

17.12.030    Application and contents.

17.12.040    Design requirements.

17.12.050    Improvement requirements.

17.12.060    Approval and filing.

17.12.070    Appeals.

17.12.080    Amendments.

17.12.090    Time limits for completion.

17.12.095    Variance applications.

17.12.100    Variance approval.

17.12.110    Resubdivision.

17.12.120    Administration.

17.12.010 Exemption determination.

The Subdivision Administrator, upon request and payment of the required fee, shall determine whether or not a short plat is required. Whenever a proposed division of land is determined to be exempt from short plat requirements, the Subdivision Administrator shall record the exemption in a subdivision exemption file. (Ord. 1399 § 2, 2006)

17.12.020 Compliance with SEPA.

Short subdivisions and short plats upon lands covered by water, further short subdivisions and short plats within a subdivision or plat previously exempt from SEPA pursuant to WAC 197-10-170(10)(a), and short subdivisions and short plats no longer categorically exempt under subsequent amendments hereafter to Chapter 197-10 WAC will be subject to the State Environmental Policy Act as implemented by FMC Title 16 and will have additional procedures as specified therein to satisfy. (Ord. 1399 § 2, 2006)

17.12.030 Application and contents.

All short plats shall be submitted to the Subdivision Administrator together with the application fee. The Subdivision Administrator shall have up to 28 calendar days to determine application completeness. The Subdivision Administrator shall approve, disapprove or return for modification the short plat within 30 days of the date of the determination of complete application, unless the applicant consents to a time extension. Each short plat application shall contain:

A.    An accurately scaled and dimensioned map legibly drawn in permanent black ink or approved equivalent by a registered land surveyor on 18-inch-by-18-inch tracing cloth, stable base mylar polyester film or equivalent approved material showing the following:

1.    The name of the proposed short plat,

2.    True and magnetic north points and scale,

3.    Names of applicant(s) and surveyor/engineer,

4.    An accurate legal description of the land included in the short plat. In the event the boundaries are described by metes and bounds, the accuracy of the description shall be attested to and signed by a registered land surveyor, with basis of bearings stated,

5.    Accurate lines to scale showing the parcel to be short platted and the lot lines and showing all existing or established section corners and quarter-section corners pertaining to the establishment of lot corners,

6.    Location and dimensions of all existing buildings on the land included in the short plat,

7.    Location and dimensions of all existing roads or streets, and existing dedications, deeds or easements for future roads within or contiguous to the land involved in the short plat with a designation of whether they are City, county, state or private roads or streets,

8.    Location and dimensions of all roads, streets, and easements proposed to serve the short plat with a clear designation of their purpose and nature, including whether they will be dedicated City streets or private roads, rights-of-way or easements,

9.    The acknowledged signatures of all fee simple owners, contract purchasers of the land included in the short plat, as well as those of land over which any access or utility easements pass to serve the short plat unless they have been previously recorded by separate instruments in the county auditor’s office, certifying substantially the following:

a.    In the case of a short plat not containing a dedication:

Know all men by these presents that ______ are the fee simple owners (and contract purchasers where applicable), of the short platted lands hereon described; are persons authorized by all parties having any interest in the land hereon described to obtain this short plat; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; and do here by grant and reserve any easements shown hereon for the uses indicated hereon.

(Name)

(Name)

b.    In the case of a short plat containing a dedication:

DEDICATION AND WAIVER OF CLAIMS

Know all men by these presents that ______ are the fee simple owners (and contract purchasers where applicable), described; are persons authorized by all parties having any interest in the land hereon described to obtain this short plat; have with their free consent and in accordance with their desires caused the same to be surveyed and short platted as shown hereon; do hereby dedicate those roads and/or rights-of-way shown as public dedications hereon to the use of the public; do hereby waive on behalf of themselves and their successors in interest all claims for damages against the City of Ferndale and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights-of-way; and do hereby grant and reserve any easements shown hereon for the uses indicated.

(Name)

(Name)

c.    If an offer of dedication includes, or is required to include, a waiver of direct access to any street from any property, the appropriate certificate shall additionally recite the waiver,

10.    A certificate by a surveyor certifying to the accuracy of the survey and short plat in substantially the following form:

I, ______, Professional Land Surveyor, do hereby certify that the short plat as shown is based upon an actual survey in accordance with the requirements of the Survey Recording Act, that the distances, courses and angles are shown hereon correctly, and that the monuments and lot corners have been set on the ground as shown hereon.

(Surveyor’s signature, seal and number).

11.    If the short plat lies wholly or in part in an irrigation district, a statement evidencing irrigation water right-of-way in substantially the following form:

The property described hereon is wholly or in part within the boundaries of the ______ Irrigation District and all lots within the short plat are subject to the terms, conditions, reservations and obligations in the present and future concerning irrigation water rights-of-way and easements as may be imposed by said district in accordance with law.

12.    Space for approval by the Subdivision Administrator;

B.    At least three copies of the following accompanying documents:

1.    County assessor’s or county engineer’s map showing the parcel numbers and property owners of the land included in the short plat and of all parcels of land contiguous to the land included in the short plat;

2.    A plat or title certificate issued by a title company showing all parties having any interest in the land included in the short plat and in the land over which any easements are proposed to serve the short plat;

3.    A copy of the deed of record for the land included in the short plat;

4.    A sworn statement by the applicant specifying:

a.    The applicant’s name, address, telephone number and interest in the land included in the short plat,

b.    His authority, if any, to act on behalf of any other parties having an interest in the land included in the short plat,

c.    His certification that he knows that none of the land included in the short plat has been included within a previous short plat approved or filed within the five years preceding his application;

5.    Signed statements by all those parties having an interest in the land who have authorized the applicant to sign the short plat on their behalf;

6.    A recommendation for approval from the county health department in the event the land included in the short plat is not served by public sewer;

7.    A copy of the private restrictions and covenants to be included in the deeds to the lots, referenced on the short plat and recorded with the short plat;

8.    Whether, in the event the requirements of this subsection are met so as to justify approval, a waiver of direct access to any street from any of the property included in the proposed short plat is provided;

9.    Such other information as the Short Plat Administrator deems necessary for an adequate review of the public use and interest to be served by the short plat. (Ord. 1399 § 2, 2006)

17.12.040 Design requirements.

A.    Except where the Hearings Examiner allows a variance pursuant to FMC 17.12.090, all the design requirements for plats set forth in Chapter 17.28 FMC shall be likewise required of short plats.

B.    Where a dedication of right-of-way or additional rights-of-way abutting lots is necessary to satisfy the requirements, the land so dedicated shall be surveyed, shall be monumented unless the centerline thereof is already monumented, and a deed conveying same to the City shall be recorded with the county auditor at the time the approved short plat is approved. (Ord. 1399 § 2, 2006)

17.12.050 Improvement requirements.

A.    Except where the Hearings Examiner allows a variance pursuant to FMC 17.12.090, all the improvements required for regular plats set forth in Chapter 17.28 FMC shall be likewise required of short plats.

B.    Required improvements shall be constructed or installed, or an acceptable performance bond or bonds securing same, together with a commitment of nonopposition to any local improvement district, shall be submitted to the Public Works Director prior to short plat approval. In addition, bonds or other security may be required by the Public Works Director or Short Plat Administrator securing to the City the successful operation of the improvements for up to two years after short plat approval.

C.    In-lieu payments may be allowed by the Public Works Director under the same conditions as set forth for plats in FMC 17.28.160, Chapter 12.14 FMC, and other applicable provisions of the FMC. (Ord. 1399 § 2, 2006)

17.12.060 Approval and filing.

A.    The Subdivision Administrator, upon making the determination that the requirements set forth in this title are met and the public use and interest is served by the short plat, shall approve the short plat and forward it to the subdivider for filing unless an appeal has been filed pursuant to FMC 17.12.070. No short plat may be approved unless the Subdivision Administrator makes formal written findings that the proposed short subdivision is in conformity with all applicable zoning ordinances and other land use controls which may exist.

B.    The Subdivision Administrator, upon making the determination to disapprove the short plat because of one or more of the requirements set forth in this title or the public use and interest have not been satisfied, shall issue such final decision by mailing to the applicant and the surveyor preparing the short plat, notification of the disapproval and the reasons therefor. This action shall constitute the final disposition of the short subdivision application subject to the appeal rights of FMC 14.11.070, unless the notification allows for specific additional period of time in which to correct the deficiencies by modifying the short plat. (Ord. 1399 § 2, 2006)

17.12.070 Appeals.

A.    An appeal of the decision of the Subdivision Administrator may be made to the Hearings Examiner if filed within 10 days after the date of the decision. Such appeal shall be filed in accordance with the provisions of FMC 14.11.070 and the processing of said appeal shall be in accordance with FMC 14.09.040.

B.    An appeal from the decision of the Hearings Examiner shall be made to Whatcom superior court in accordance with FMC 14.11.080. (Ord. 1399 § 2, 2006)

17.12.080 Amendments.

Once a short plat has been recorded with the county auditor, it can be amended or vacated in whole or part in a manner not involving a resubdivision by recording an amended short plat in accordance with the following provisions:

A.    The amended short plat must comply with the procedures and requirements of this chapter for original short plat approval. A new survey shall not be required except for new lines created by the amended short plat.

B.    The title of the amended short plat shall be:

Short Plat No. ______

Amending Short Plat No. ______

Entitled ______.

    The second and third blanks shall be completed by applicant prior to submission of the amended short plat.

C.    The amended short plat shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all current fee simple owners and contract purchasers of the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate.

D.    The amended short plat shall not increase the number of lots, tracts, parcels, sites or divisions above the number which were created by the original short plat for a period of five years from the date of recording of the original short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this title.

E.    Minor errors not involving a change in lines may be corrected by the surveyor upon approval of the Subdivision Administrator by recording an affidavit with the county auditor specifically referencing the short plat number and the correction.

F.    When an alteration or vacation involves a public dedication, the alteration or vacation shall be processed as provided in RCW 58.17.212 or 58.17.215. (Ord. 1399 § 2, 2006)

17.12.090 Time limits for completion.

Any application for a short plat which is not completed by final approval and filing with the county auditor within 12 months of the date of conditional approval shall be considered abandoned unless the time limit is extended for one year by the Subdivision Administrator for good cause, then it shall be considered abandoned if not so approved and filed by the extended deadline set by the Administrator. Only one such extension shall be approved and no action shall be taken on an abandoned short subdivision application without resubmission. (Ord. 1399 § 2, 2006)

17.12.095 Variance applications.

The Hearings Examiner may authorize variances from the strict compliance with the short plat requirements of this title. Variance requests shall be filed and processed in accordance with FMC 14.09.040. (Ord. 1399 § 2, 2006)

17.12.100 Variance approval.

In granting an approval for a variance from short plat requirements, the Hearings Examiner must find all of the following:

A.    That the public interest does not require strict compliance with the specified short plat requirements because the proposed short plat is clearly in an area or of a type that will not likely add to or result in any type of urbanization or increased density of use in the foreseeable future.

B.    That the variance would not confer a special benefit upon the persons or property that would not be equally available to all persons or property under the same circumstances.

C.    That the hardship to the applicant outweighs the public benefit to be derived from strict compliance with the specified short plat requirement(s).

D.    That fairness could be achieved and the public interest secured by the granting of the variance. (Ord. 1399 § 2, 2006)

17.12.110 Resubdivision.

Once property is short platted, no further division creating in any manner a greater number of lots, tracts, parcels, sites or divisions than contained in the short plat shall be made for a period of five years from the date of recording of the short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this title. In the case of a proposed redivision of land within a short plat or a regular plat, either the short plat or plat provisions of this title and Chapter 58.17 RCW shall be complied with dependent upon the number of divisions proposed within the land and/or the period of time that has elapsed since the recording of a prior short plat. (Ord. 1399 § 2, 2006)

17.12.120 Administration.

A.    The Subdivision Administrator is vested with the duty of administering and interpreting the short plat provisions of this title and with the authority to summarily approve, disapprove or return for modification proposed short plats.

B.    The Subdivision Administrator may prepare and require the use of such forms as deemed necessary to administer this title. (Ord. 1399 § 2, 2006)