Chapter 17.32
SHORT SUBDIVISIONS

Sections:

17.32.010    Authority to act.

17.32.020    Administration and enforcement.

17.32.030    Application.

17.32.040    Notice of application.

17.32.050    Short subdivision standards and requirements.

17.32.060    Disposition of a complete application.

17.32.070    Fee.

17.32.080    Decision – Effective date – Expiration of approval.

17.32.090    Appeal of the short subdivision decision.

17.32.100    Final action.

17.32.010 Authority to act.

The director of community development is authorized to administratively approve, approve with conditions or deny a proposed short subdivision of land into nine or fewer lots, tracts, or parcels under the criteria set forth in this chapter and as consistent with Chapter 17.04 MMC, and pursuant to RCW 58.17.060. (Ord. 009/2007 § 2)

17.32.020 Administration and enforcement.

A.    The subdivision of all land in the city into individual lots or tracts shall be subject to the provisions of this title, as applicable.

B.    All contiguous parcels under unified control or ownership shall be included within a single short subdivision application, except adjacent platted or short platted lots that are less than twice the minimum lot size of the applicable zoning district or lots that are fully developed. Unified control or ownership shall include but not be limited to business entities that have one or more common members or any ownership arrangement where one individual or business entity stands to profit from the subdivision of each of the contiguous parcels. Multiple applications shall not be utilized as a substitute for a single comprehensive subdivision in accordance with city standards.

C.    Land in short subdivisions may not be further divided in any manner within a five-year period without the filing of a final plat, except that when the short subdivision contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries, or as allowed by the underlying zoning district.

D.    Each short plat and short subdivision granted pursuant to this code shall be filed with the county auditor and shall not be deemed approved until so filed.

E.    The director of community development shall review the proposed short subdivision against city standards and the provisions of this chapter. The director of community development shall issue written findings to ensure that the proposed subdivision conforms to the following elements:

1.    The city’s comprehensive plan;

2.    The city’s zoning code in effect at the time of application, when the submittal is deemed complete;

3.    The city’s critical areas code in effect at the time of application, when the submittal is deemed complete;

4.    The proposed short subdivision makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks, bike lanes and other planning features that assure safe pedestrian conditions, including walking conditions for students who only walk to and from school;

5.    The public use and interest will be served by the short subdivision; and

6.    Description by accurate legal description. (Ord. 009/2007 § 2)

17.32.030 Application.

The short subdivision application, including instructions and standards for completing the application, shall be on a form provided by the city. The applicant shall also provide the following additional information on the face of the short plat or as supplemental documentation, as applicable:

A.    The name, address, telephone number, and signature of the subdivider. If the subdivider is not the property owner, the property owner must also sign the application;

B.    A certification by the subdivider showing the entire contiguous land in which there is an interest by reason of ownership, contract for purchase, earnest money agreement or option by any person, firm or corporation in any manner connected with the development, and the names and addresses and telephone numbers of all such persons, firms or corporations;

C.    The zoning of the property and contiguous parcels;

D.    Square footage computation of each lot or parcel sufficiently accurate to show that each such lot or parcel contains at least sufficient footage to meet minimum zoning requirements;

E.    The source of water supply, method of sewage disposal or source of sanitary sewers, and method to serve property by storm drainage, electricity, gas, telephone and similar utilities;

F.    A vicinity sketch set to scale identifying the location of the property being subdivided;

G.    A professional land surveyor shall prepare a plat map at the minimum scale of one inch equals twenty feet unless otherwise approved by the director of community development and city engineer that shows:

1.    The property to be subdivided;

2.    A north arrow;

3.    Boundary lines of the tract to be subdivided and each lot contained therein with a number assigned to each lot; city-assigned addresses shall be shown on the final short plat;

4.    The location and width of any easements and rights-of-way for public services or utilities in the area to be subdivided and the map shall show the full width of all adjacent easements and rights-of-way;

5.    The location, dimensions, type, and category of any existing critical areas and/or critical area buffers located on or adjacent to the site as delineated by a qualified professional following the city’s critical areas code in effect at the time of application that an application is deemed complete by the city; and

6.    Topographic contours at intervals of two feet or as approved by the city engineer;

H.    A professional land surveyor shall prepare closing calculations for all newly proposed lots, tracts, parcels, and dedications as shown on the face of the short plat for review and approval by the city prior to final short subdivision approval;

I.    A certificate of title or current title report from a title company not more than thirty days old showing ownership, all assessments, and any easements or encumbrances on the property;

J.    A letter from the city financial officer stating there are no municipal encumbrances or latecomer fees due on the property, or stating the amount of such fees;

K.    Proper endorsements for dedication of right-of-way, road limitations, and improvements;

L.    A proper endorsement for approval by the director of community development. The director of community development shall determine if the application is sufficiently complete. Notification of the completeness of the application shall be made within twenty-eight days of submission of the application. (Ord. 009/2007 § 2)

17.32.040 Notice of application.

A notice of the application shall be posted on site and at City Hall, and shall be mailed to area residents, as follows:

A.    The legal notice shall note the action to be taken, the description of the short subdivision, the number of lots to be created and the dates of the public comment period.

B.    Public notice procedures shall be in conformance with Chapter 21.40 MMC. (Ord. 033/2008 § 5; Ord. 009/2007 § 2)

17.32.050 Short subdivision standards and requirements.

Short subdivisions and short plat design shall be subject to the general provisions of this title, the comprehensive plan, zoning code, critical areas code, and other sections of municipal code and standards as applicable with special consideration of the following elements:

A.    Lot Design.

1.    Each lot or parcel shall contain sufficient area to meet minimum zoning requirements. Individual lot area calculations shall be determined prior to any city-required dedication of right-of-way.

2.    All lots shall have access to a public street and provide adequate lot frontage as set forth in MMC 18.10.140.

3.    Access easements or panhandles shall be a minimum of twenty feet wide along its entire length; the remainder of the lot shall provide adequate area to comply with setback standards found in MMC 18.10.140.

4.    Lots shall have frontage on two parallel streets (double frontage lots) only where the director of public works approves the lot arrangement as unavoidable.

5.    Irregular-shaped lots shall be prohibited, specifically the creation of peninsulas, appendages or other irregularities to gain required lot area.

6.    Lot lines shall be straight, except where a lot is bounded by a curved street right-of-way or along the boundary of a critical area and/or critical area buffer.

7.    Critical areas and their buffers shall be set aside in separate tracts in accordance with adopted critical area standards in effect at the time of application.

8.    A city boundary line shall not bisect lots.

B.    Dedication of Right-of-Way. Dedication of right-of-way for public streets to mitigate impacts to the city’s street system created by the proposed short subdivision shall be required within or along the boundaries of short subdivisions as determined necessary by the city engineer to:

1.    Extend or complete the existing or future neighborhood street pattern;

2.    Provide additions of right-of-way to existing city right-of-way;

3.    Comply with road standards;

4.    Provide for vehicular and pedestrian circulation within and between neighborhoods; and

5.    Reduce potential traffic impacts to existing residential access streets.

C.    Street Design and Utility Requirements.

1.    The short subdivision, including but not limited to streets, block design, utilities, and public improvements, must comply with all provisions of the city’s current public works design and construction standards.

2.    Streets shall meet standards for public and private street design including minimum requirements for right-of-way width including alleys, pavement width, sidewalks, and off-street parking as determined necessary by the city engineer. Proposed streets shall have continuity for through streets and arterials and continue to boundaries of the short subdivision, as applicable. Areas used to convey public utility services shall be contained in separate tracts, rights-of-way, or easements.

3.    Names for public streets shall be determined by the city engineer and shall conform to the Snohomish County numbering system except where the city engineer finds this to be impractical.

4.    Following preliminary short subdivision approval and before site work begins, applicants must submit complete civil plans that comply with the city’s current public works design and construction standards and receive approval by the city engineer.

D.    Required Minimum Improvements. All improvements and their installation shall conform to city’s current public works design and construction standards and the city’s landscape standards, unless the director of community development and/or city engineer grants a special exemption. Prior to final approval, the following minimum improvements shall be constructed per the approved short subdivision and civil plans and shall be inspected by the city engineer or designee.

1.    Drainage facilities and erosion control measures consistent with current city standards. If individual drainage systems are proposed, the applicant may defer the installation to the time of building permit with prior approval from the director of community development and city engineer and a note to this effect must be added to the face of the short plat;

2.    Water mains and fire hydrants installed consistent with current city standards;

3.    Roadways are graded to all lots within the short subdivision and are capable of providing access by passenger vehicles;

4.    A professional land surveyor shall set control monuments at all street intersections, boundary angle points, points of curves in streets, and at such intermediate points as required by the city engineer;

5.    Specific site improvements without which the director of community development and/or city engineer determines a safety hazard would exist.

E.    Financial Securities.

1.    The director of community development and city engineer may allow a financial security or general improvements other than those required for public health, safety, and general welfare as required by the short subdivision decision. The performance financial security shall be in a form acceptable to the city, and represent one hundred fifty percent of the fair cost estimate of the uncompleted portion of the proposed development or improvements.

2.    In extraordinary circumstances such as severe inclement weather, or other events beyond the applicant’s control, the director of community development and city engineer may allow financial securities for minimum site improvements before final approval as described in subsection (D) of this section.

3.    As a condition of final short plat approval, the proponent and/or successor shall assure successful operation of required improvements, as applicable, including the submission of required financial securities for maintenance of said improvements as specified by the city engineer. Such financial security shall be effective for up to two years from approval of their completion of all required improvements or final short plat approval, whichever is later.

F.    Modifications. The proponent may request modification of any provision of this code, as it affects the proposed subdivision, where application of such provision would cause undue hardship due to any pre-existing adverse characteristic of the property, such as topography, soil conditions, and other natural features in conformance with MMC 17.26.010(C)(1) through (3), the zoning code and the critical areas code to the community development director. Such request shall include details deemed by the proponent as essential to support his case and shall be filed concurrently with the proposed short plat. (Ord. 026/2011 § 2 (Exh. 1); Ord. 033/2008 § 5; Ord. 009/2007 § 2)

17.32.060 Disposition of a complete application.

Short subdivisions shall be approved, disapproved, or returned to the subdivider for modification or correction within one hundred twenty days from the date the application was deemed complete, unless the applicant gives a written consent to the extension of such time. (Ord. 009/2007 § 2)

17.32.070 Fee.

A fee established by resolution by the city council shall be paid to the city as a base fee for applications for short subdivisions. (Ord. 009/2007 § 2)

17.32.080 Decision – Effective date – Expiration of approval.

The director of community development shall issue findings of fact and conclusions in accordance with the provisions of this chapter.

A.    Short plat approval shall become effective at the end of the appeal period.

B.    After the short plat approval becomes effective, the applicant shall complete all of the requirements in MMC 17.32.100 within two years, unless the applicant submits a written request for an extension to the director of community development at least thirty days prior to the expiration of the original two-year period, and the director approves the same. The director may grant extension(s) for up to a total of one additional year.*

C.    The short plat approval shall automatically expire, unless the applicant completes all of the requirements in MMC 17.32.100 during the period provided in subsection (B) of this section. (Ord. 033/2008 § 5; Ord. 003/2008 (Exh. C); Ord. 009/2007 § 2)

*    Code reviser’s note: Ordinance 008/2011, Section 2, effective until December 31, 2014, amends MMC 17.32.080(B) to provide that the director of community development or the mayor’s designee may extend the approval of a short plat up to three years instead of one year as currently specified. Section 4 of the ordinance provides that, in lieu of the criteria currently specified for the permit extensions identified in Section 2 of the ordinance, the decision maker may grant an extension solely on the basis of economic hardship. Applications for extension shall be in writing and filed with the director of community development or the mayor’s designee prior to expiration of the permit.

17.32.090 Appeal of the short subdivision decision.

The written decision of the director of community development shall be final and conclusive subject to the city appeal process. Applicants, parties of record, or agencies with jurisdiction may appeal the decision and must file their objections in accordance with MMC Title 21. With the filing of such objection, the director of community development shall schedule a hearing before the city hearing examiner at the next available hearing date. (Ord. 009/2007 § 2)

17.32.100 Final action.

Upon approval by either the director of community development or hearing body, and following completion of required site improvements and/or submittal of necessary financial securities, the applicant shall submit to the city a final short plat that conforms to the approved short plat. Such plat shall be in a form specified by the city and shall contain:

A.    The acknowledged signatures of all parties having an interest in the lot that has been divided, as disclosed by the ownership certificate;

B.    A signature of a professional land surveyor that attests to the accuracy of the legal description or survey describing the short plat;

C.    Director of community development approval block, and when a dedication is involved, a signature block for the mayor and city clerk; and

D.    Subsequent to the receipt of all required signatures, the applicant shall record the short plat with the Snohomish County auditor and shall return a full-sized conforming copy of the recorded short plat and a reduced copy at eight and one-half inches by eleven inches of the short plat, containing a county registration number, to the city director of community development. In addition, the applicant must submit an electronic copy of the short plat in a format approved by the city upon final approval. (Ord. 009/2007 § 2)