Chapter 16.46
SHORT SUBDIVISION EXEMPTIONS

Sections:

16.46.010    Applicability.

16.46.020    Submission of application.

16.46.030    Review criteria.

16.46.040    Final approval and recording.

16.46.010 Applicability.

Every short subdivision exemption shall comply with this chapter and with applicable state law. No short subdivision exemption within the limits of the city of Kelso shall be approved or recorded that does not comply with the criteria below; provided, that approval may be granted if existing nonconforming aspects of the site are either not changed or are made more conforming. (Ord. 3699 § 1 (Att. A), 2009)

16.46.020 Submission of application.

Applications for short subdivision exemptions, as outlined in Section 16.44.020, shall be submitted to the community development department on forms provided by the department and shall include the applicable fees and all required information as indicated below:

A. A site plan showing the existing parcel boundaries, all structures and other improvements within all parcels, all adjacent streets along with the location of the proposed new boundary lines. All existing and proposed parcels shall be labeled. The location of water and sewer lines that will serve all parcels shall also be shown.

B. Copies of documents that verify current ownership of all parcels involved in the boundary line adjustment such as deeds or title reports.

C. Legal descriptions of any required access easements.

D. Attach the existing legal descriptions for all parcels involved. (Unless you have divided or reconfigured the property since you purchased it, the legal descriptions are found on the property deeds. Do not use the abbreviated legal description found on your tax notice, or off the county web page.)

E. Attach the proposed legal descriptions for all parcels. (City staff is not permitted to write the proposed legal descriptions. If you need assistance, contact someone with experience writing legal descriptions such as a surveyor, attorney, planning consultant, etc.)

F. Before the short subdivision exemption can be completed, all applicable property taxes and special assessments are required to be paid for the entire year for all parcels.

To ensure compliance with the criteria below or to determine whether a proposed boundary line adjustment conforms with all applicable standards, the director of community development is authorized and granted the discretion to require as a condition of approval that a record of survey be prepared and provided regarding such new boundary and of other relevant parcel boundaries and other site features. (Ord. 3699 § 1 (Att. A), 2009)

16.46.030 Review criteria.

The community development director shall consider, review, approve and certify that the proposed short subdivision exemption conforms to the requirements of this subsection, and affix its signature to the adjustment prior to recording, if and only if:

A. No additional lots, tracts, parcels, building sites or land divisions are created, and all lot line adjustments are minor and do not alter the underlying plat pattern, such as changing the general orientation of lots or lot access;

B. All resulting parcels contain sufficient area and dimensions to meet all applicable requirements for a building site and conform to all required setbacks and building and fire separation standards;

C. All resulting parcels comply with any restrictive covenants contained on the face of the final plat, short plat, or large lot plat, if any; and all resulting lots do not violate previous conditions of preliminary plat, short plat, or large lot approval;

D. Each resulting parcel has legal access;

E. Copies of all conveyance documents in the case of different property owners, or declarations of boundary line adjustment in the case of same ownership, have been signed, notarized and recorded with the county auditor and been submitted;

F. Legal descriptions of each of the resulting parcels conform to applicable standards; and

G. The short subdivision exemption is not intended solely to evade public improvement requirements that would be associated with a replat or other new land division approval. (Ord. 3699 § 1 (Att. A), 2009)

16.46.040 Final approval and recording.

Approval of the short subdivision exemption shall not be final until:

A. There is compliance with the requirements listed above;

B. The county treasurer has certified that all taxes on the land have been fully paid and discharged; and

C. A final map including any required record of survey has been approved by the department and filed for record with Cowlitz County auditor and a copy of which submitted to the Cowlitz County assessor. (Ord. 3699 § 1 (Att. A), 2009)