Chapter 30.41A
SUBDIVISIONS

Sections:

30.41A.010    Purpose and applicability.

30.41A.020    Exemptions.

30.41A.030    Prior divisions of land.

30.41A.040    Procedure, special notice, and timing requirements.

30.41A.050    Submittal requirements.

30.41A.060    Subdivision name reservation.

30.41A.080    Rural cluster subdivisions.

30.41A.090    Development within an airport compatibility area.

30.41A.100    Decision criteria - general.

30.41A.110    Decision criteria - flood hazard areas.

30.41A.120    Decision criteria - health district.

30.41A.130    Decision criteria - school district.

30.41A.140    Decision criteria - fire district.

30.41A.150    Decision criteria - parks.

30.41A.160    Fire code.

30.41A.170    Shoreline management.

30.41A.180    Decision criteria - minimum net density in urban growth areas.

30.41A.190    Decision criteria - signage.

30.41A.200    Design standards - general.

30.41A.205    Design standards - unit lot subdivision.

30.41A.210    Design standards - roads.

30.41A.220    Design standards - drainage.

30.41A.225    Design standards - tree retention and landscaping.

30.41A.235    Design standards - construction area.

30.41A.240    Design standards - lot size averaging.

30.41A.250    Density for sloping land.

30.41A.300    Preliminary subdivision approval - term.

30.41A.310    Preliminary subdivision withdrawal.

30.41A.320    Prohibition against other subdivisions.

30.41A.330    Revisions after preliminary subdivision approval.

30.41A.400    Construction drawings - submittal and review.

30.41A.410    Improvements - how pledged.

30.41A.420    As built plans - submittal.

30.41A.430    Installation of improvements - time limits.

30.41A.500    Model homes.

30.41A.510    Number of model home permits authorized.

30.41A.520    Eligibility for a model home permit.

30.41A.530    Model home application requirements.

30.41A.540    Model homes - occupancy.

30.41A.550    Model homes - as-built submittal.

30.41A.600    Final subdivision application approval - timing.

30.41A.605    Final subdivision application - form.

30.41A.610    Monumentation.

30.41A.620    Repealed.

30.41A.630    Dedications.

30.41A.640    Public notice of final subdivision submittal and approval procedure for final subdivision.

30.41A.645    Repealed.

30.41A.650    Repealed.

30.41A.660    Taxes.

30.41A.665    File with auditor.

30.41A.670    Effect of filing a final subdivision.

30.41A.675    Homeowners association.

30.41A.700    Subdivision alteration.

30.41A.710    Application for subdivision alteration.

30.41A.720    Procedure for subdivision alteration.

30.41A.730    Special notice requirements.

30.41A.740    Decision criteria.

30.41A.750    Final subdivision alteration process and recording.

30.41A.800    Review or revocation of preliminary approval.

30.41A.810    Segregation notice.

30.41A.820    Sale or transfer without subdivision.

30.41A.830    Permit prohibition.

30.41A.840    Enforcement.

30.41A.010 Purpose and applicability.

(1) The purpose of this chapter is to:

(a) Regulate the division or redivision of land into five or more lots, tracts, or parcels outside of an urban growth area, or 10 or more lots, tracts, or parcels inside an urban growth area;

(b) Promote the public health, safety, and general welfare;

(c) Further the goals and objectives of the comprehensive plan;

(d) Prevent the over-crowding of land;

(e) Lessen congestion in the streets and highways;

(f) Promote effective use of land;

(g) Promote safe and convenient travel by the public on streets and highways;

(h) Provide for adequate light and air;

(i) Require that appropriate provisions are made for open space, drainage ways, streets, alleys or roads, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and sidewalks or other planning features that assure safe walking conditions for students who walk to and from school;

(j) Adequately provide for the housing and commercial needs of citizens;

(k) Provide for proper ingress and egress;

(l) Require uniform monumentation of subdivisions;

(m) Require conveyancing by accurate legal description; and

(n) Provide for expeditious review and approval of proposed subdivisions that conform to the requirements of this code.

(2) The provisions of this chapter shall apply to subdivisions as defined in this title and to every redivision of a short subdivision occurring within five years of the date of recording of the original short subdivision, except as provided in SCC 30.41B.010(2).

(3) The property owner of a split parcel may submit a plat to subdivide parcel split by a UGA boundary if one division of the parcel occurs on the UGA boundary line resulting in one lot encompassing the entire rural or resource area, even if this one lot does not meet minimum lot dimension requirements. Any additional division of the lot including lots created within the urban portion of the original parcel or additional lots created within the rural or resource area of the site must meet all applicable zoning and development standards set forth in subtitle 30.2 SCC and applicable subdivision requirements in subtitle 30.4 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012)

30.41A.020 Exemptions.

The provisions of this chapter shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions made by testamentary provisions or the laws of descent;

(3) Division of land for the purpose of lease, when used for a mobile home park or recreational vehicle park pursuant to the binding site plan provisions of chapter 30.41D SCC;

(4) Boundary line adjustments completed pursuant to chapter 30.41E SCC;

(5) Condominiums, when prepared and filed in accordance with the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34. RCW;

(6) Assessor’s plats, when prepared and filed in accordance with the provisions of RCW 58.18.010 and when the lot size requirements of this code have been met;

(7) Division of land into lots, tracts or parcels each of which is at least one eighth of a section of land or larger, or 80 acres or larger in size if not definable as a fraction of a section of land; and

(8) Divisions of land pursuant to the binding site plan provisions of chapter 30.41D SCC.

(9) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-038, November 30, 2005, Eff date December 16, 2005)

30.41A.030 Prior divisions of land.

(1) A legal division of land shall be recognized as having occurred in the following circumstances; provided, that the requirements of subsection (2) of this section are met:

(a) Land was divided into lots, tracts or parcels five acres or larger if the land is not capable of subdivisional description, or 1/128th of a section in size or larger prior to September 16, 1986, where actual subdivision or short subdivision occurred or intent to subdivide was demonstrated through one or more of the following actions:

(i) There was filed with the department a large lot subdivision map of lots;

(ii) There was filed with the Snohomish County auditor a record of survey of tracts to be subdivided;

(iii) There was filed with the Snohomish County assessor a tax segregation of the tracts to be subdivided; or

(iv) There were sales and/or transfers of interest in tracts or parcels;

(b) Land was divided into lots, tracts, or parcels 20 acres or larger if the land is not capable of subdivisional description, or 1/32nd of a section in size or larger prior to May 16, 1991, where actual subdivision or short subdivision occurred or intent to subdivide was demonstrated through one or more of the following actions:

(i) There was filed with the department a large lot subdivision map of lots;

(ii) There was filed with the Snohomish County auditor a record of survey of tracts to be subdivided; or

(iii) There were sales and/or transfers of interest in tracts or parcels.

(2) Lots, tracts, or parcels shall be recognized only if the division of land complied with all minimum requirements of applicable state law and zoning requirements of the Snohomish County Code in effect at the time of division.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 06-013, April, 5, 2006, Eff date April 22, 2006; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013)

30.41A.040 Procedure, special notice, and timing requirements.

(1) The hearing examiner may approve, approve with modifications, or deny subdivisions under the circumstances set forth in this chapter. The decision is processed as a Type 2 application as described in chapter 30.72 SCC.

(2) A preliminary subdivision application may be denied without prejudice by the hearing examiner pursuant to SCC 30.71.060. If denied without prejudice, the application may be reactivated under the original project number and without additional filing fees if a revised application is submitted within six months of the date of the hearing examiner’s decision. In all other cases a new application shall be required.

(3) In addition to the notice required by chapter 30.70 SCC, the department shall distribute copies of the preliminary subdivision application to each of the following and shall allow 21 days from the date of published notice for the agencies to submit comments on the proposal:

(a) Snohomish Health District;

(b) Department of public works;

(c) Washington State Department of Transportation;

(d) Any city or town whose municipal boundaries are within one mile of the proposed subdivision or whose urban growth area includes the subject site, or whose public utilities would be used by the proposed subdivision; and

(e) Any other federal, state, or local agencies as may be relevant.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.050 Submittal requirements.

(1) A preliminary subdivision application shall comply with the requirements set out in the application checklist as provided by the department pursuant to SCC 30.70.030.

(2) A preliminary plat shall be prepared and bear the signature and seal of a registered professional land surveyor.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.060 Subdivision name reservation.

The person(s) executing the subdivision application must provide a form from the county auditor’s office showing that they have reserved the name of the subdivision being submitted.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.080 Rural cluster subdivisions.

An application for a subdivision located in the Forestry, Forestry and Recreation, Rural 5-acre, Rural Conservation, Rural Diversification, or Rural Transition - 10 acre zones may, at the request of the applicant, be processed as a rural cluster subdivision pursuant to chapter 30.41C SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.090 Development within an airport compatibility area.

Proposed subdivisions within an airport compatibility area shall comply with all applicable requirements in chapter 30.32E SCC.

(Added by Amended Ord. 15-025, May 6, 2015, Eff date May 24, 2015).

30.41A.100 Decision criteria - general.

(1) The hearing examiner and the department shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The hearing examiner shall approve a preliminary subdivision only if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds, fire protection and other public facilities. The hearing examiner shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the subdivision and dedication.

(2) If the hearing examiner finds that the proposed preliminary subdivision makes appropriate provisions for the matters listed in SCC 30.41A.100(1) and enters written findings that the subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the hearing examiner finds that the proposed subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the hearing examiner may deny the proposed preliminary subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners.

(5) All subdivisions are also subject to the requirements of chapters 30.32A, 30.32B, and 30.32C SCC, regarding forest, agricultural and mineral lands and the right to practice forestry and to farm. In the event of a conflict between the provisions of this chapter and the resource lands chapters, the resource lands chapters shall control.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 05-083, December 21, 2005, Eff date Feb. 1, 2006)

30.41A.110 Decision criteria - flood hazard areas.

(1) The hearing examiner shall consider the physical characteristics of a proposed subdivision site, and may disapprove a proposed preliminary subdivision because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final subdivision.

(2) No preliminary subdivision shall be approved in a special flood hazard area as defined by chapter 30.65 SCC unless the requirements of SCC 30.65.110(3) are met.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.120 Decision criteria - health district.

Except as limited by the requirements of SCC 30.23.020 or chapter 30.29 SCC, the Snohomish Health District may require as a condition of preliminary subdivision approval lot sizes larger than the minimum permitted by the zoning code in those instances where topography, soils, water table, or other conditions make larger lot sizes necessary in order to prevent possible health hazards due to water contamination or sewage disposal system malfunction.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.130 Decision criteria - school district.

(1) The hearing examiner shall ensure that the applicable requirements of chapter 30.66C SCC are met.

(2) When a preliminary subdivision wholly or partially contains a school site proposed in the comprehensive plan or other officially adopted plans, or when the school district finds a reasonably foreseeable need for such a site, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the school district. The county shall require evidence of need from the school district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.140 Decision criteria - fire district.

(1) When the affected fire district finds a reasonably foreseeable need for a site wholly or partially contained within the preliminary subdivision, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the fire district. The county shall require evidence of need from the fire district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation.

(2) The applicant may be required to present evidence in the form of a letter or agreement with the affected fire district documenting that the applicant has agreed to offset the cost of the district’s growth which is reasonably attributable to the proposed subdivision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.150 Decision criteria - parks.

(1) The hearing examiner shall ensure that the requirements of chapter 30.66A SCC are met.

(2) When a preliminary subdivision contains a portion of a county trail or open space network which is indicated in the park plan element of the comprehensive plan or other officially adopted plan, an area encompassing such trail or open space network may be required to be set aside for its intended purpose by the granting of a trail or open space easement to the county, dedication, or reservation for future purchase by the public. The hearing examiner may determine a reasonable time or specify the event, limiting the effective period of the reservation.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003

30.41A.160 Fire code.

Compliance with the Snohomish County fire code, chapter 30.53A SCC, is required.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.170 Shoreline management.

For any portion of a preliminary subdivision wholly or partially located within an area subject to the jurisdiction of the Shoreline Management Act of 1971, chapter 90.58 RCW, the applicant shall comply with the shoreline management program, chapter 30.44 SCC and chapter 90.58 RCW.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.41A.180 Decision criteria - minimum net density in urban growth areas.

All residential subdivisions located in an urban growth area designated in the comprehensive plan shall maintain a minimum density of four dwelling units per net acre consistent with the minimum net density provisions of SCC 30.23.020.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.190 Decision criteria - signage.

Identification signs for residential subdivisions are permitted subject to the standards in SCC 30.27.060.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.200 Design standards - general.

The public use and interest require compliance with the standards set out in this chapter unless a modification is specifically allowed through the preliminary approval process. Modifications may be granted only where explicitly provided for by specific code authority.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.205 Design standards - unit lot subdivision.

(1) Applicability and purpose. The provisions of this section apply exclusively to the unit lot subdivision of land for townhouse or cottage housing developments in zones where such uses are permitted.

(2) Townhouse and cottage housing developments may be subdivided into individual unit lots. The development as a whole shall meet the development standards applicable to the underlying site development plan. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit.

(3) Unit lot area and width per unit for purposes of subdivision may be as small as the coverage of the individual unit.

(4) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site pursuant to SCC 30.41A.675.

(5) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking and vehicle access areas; on-site recreation areas; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, and shall be recorded with the county auditor’s office. Each unit lot subdivision shall make adequate provisions for ingress, egress and utilities access to and from each unit lot created by reserving such common areas or other easements over and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan.

(6) Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

(a) Approval of the design and layout of the development was granted by the review of the development, as a whole, on the parent site by the site development plan approval (stating the subject project file number);

(b) Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any nonconformity of the parent site as a whole, and shall conform to the approved site development plan;

(c) If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or replacement of the structure(s) shall conform to the approved site development plan; and

(d) The individual unit lots are not separate buildable lots and additional development of the individual unit lots may be limited as a result of the application of development standards to the parent site.

(7) Site development and building construction may commence upon approval of a site development plan but prior to final subdivision approval and recording when all applicable permits and approvals have been obtained by the applicant. No unit lot may be sold, transferred or conveyed prior to final subdivision approval and recording. The model home provisions of SCC 30.41A.500 through 30.41A.550 shall not apply to unit lot subdivisions subject to this section.

(Added by Amended Ord. 12-115, Jan. 30, 2013, Eff date March 1, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017)

30.41A.210 Design standards - roads.

Roads for subdivisions shall comply with the requirements set forth in chapter 30.24 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009)

30.41A.220 Design standards - drainage.

All subdivisions shall comply with the requirements of chapter 30.63A SCC. Modification of drainage standards or requirements shall be done only pursuant to chapter 30.63A SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.225 Design standards - tree retention and landscaping.

All subdivisions shall meet the applicable tree retention and landscaping requirements of chapter 30.25 SCC.

(Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date April 21, 2009)

30.41A.235 Design standards - construction area.

Each new lot shall have an accessible area suitable for construction of at least 1000 square feet and located outside any required building setback, unbuildable easement, required buffer, or critical area, except that for lots in a planned residential development, there is no minimum construction area.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.240 Design standards - lot size averaging.

The minimum lot size within a residential subdivision may be reduced below the size required by zoning pursuant to SCC 30.23.210. Minimum lot size may also be reduced pursuant to chapter 30.42B SCC and chapter 30.41C SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.250 Density for sloping land.

All subdivisions shall comply with applicable requirements regarding development in erosion and landslide hazard areas pursuant to SCC 30.62B.320 and 30.62B.340. In addition, the following requirements shall apply to all subdivisions:

(1) Determination of Slope. The applicant shall determine land slope and assess the applicability of this section. This information shall be provided to the department along with the completed application. In determining slope, the applicant shall obtain a topographic survey from a registered professional engineer or land surveyor which defines the slope of the property to a recognized and acceptable mapping standard. In all areas proposed for roads or dwellings, elevations of 90 percent of the area shall be within three feet of the actual ground elevations;

(2) Determination of Potential Maximum Dwelling Unit Density. The applicant shall determine maximum unit yield for the specified zones from Table 30.41A.250(2), except that this requirement shall not apply to a planned residential development combined with a preliminary subdivision; and

Table 30.41A.250(2)

RESIDENTIAL DENSITY FOR SLOPING LAND
 

Zoning

Dwelling units/Gross acre

 

15-20% slope

21-25% slope

26-33% slope

Over 33% slope

Rural Conservation

.5

.5

.5

.25

SA l-Acre

1.0

1.0

1.0

.25

R-20,000

1.8

1.8

1.8

.25

R-12,500

2.8

2.8

1.8

.25

R-9,600

4.0

2.8

1.8

.25

R-8,400

4.0

2.8

1.8

.25

R-7,200/WEB

4.0

2.8

1.8

.25

Slope means an inclined ground surface, the inclination of which is expressed as a rating of horizontal distance to vertical distance. Slope percentages are calculated by taking the vertical rise over the horizontal run. For land areas greater than 15 percent natural slope, maximum unit yield in the identified zones shall be determined by multiplying the gross site area by the appropriate density factors found in SCC Table 30.41A.250(2). For the purpose of this table, a continuous slope with a horizontal run of less than 50 feet shall be considered level when the slope percentage is less than 33 percent.

(3) The department may require engineering or other technical justification for development in sloped areas where it determines that the public health, safety, welfare, or environment may be jeopardized by the proposed development.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Ord. 14-053, Aug. 27, 2014, Eff date Sept. 13, 2014)

30.41A.300 Preliminary subdivision approval - term.

(1) The standard term of approval for a preliminary subdivision is pursuant to SCC 30.70.140, except that preliminary subdivision approval may be extended for a period not to exceed four months by the department if the applicant demonstrates that a continued good faith effort has been exerted to complete the final subdivision and provides justification of the extenuating circumstances as to why the additional four months is required. A request for consideration of the four-month extension shall be filed with the department at least 30 days prior to the date the approval is set to expire.

(2) The applicant may request final subdivision approval in phases, subject to the time restrictions in SCC 30.70.140 and the terms of the preliminary subdivision approval. Open space, amenities, and other requirements of the preliminary approval shall be completed coincident with each phase of the final subdivision on a pro rata basis unless otherwise required in the preliminary approval. A revision to the preliminary approval, pursuant to SCC 30.41A.330, must be applied for with the request to complete the final subdivision improvements in phases.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Effective June 25, 2009; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Oct. 28, 2012; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 17-045, July 26, 2017, Eff date Aug. 12, 2017)

30.41A.310 Preliminary subdivision withdrawal.

When the owner(s) of property subject to an approved preliminary subdivision wish to withdraw the approved preliminary subdivision prior to its normal expiration pursuant to SCC 30.41A.300, the owner(s) shall file with the hearing examiner’s office, a notarized written statement, in a form provided by the county, requesting withdrawal and acknowledging the effects of such withdrawal. The hearing examiner shall issue an administrative order approving the withdrawal within 15 days of receipt of a properly completed request form. A copy of the order shall be transmitted to the owner(s) and to the department for inclusion in the official records of the county.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.320 Prohibition against other subdivisions.

No short subdivision (chapter 30.41B SCC) shall be approved which includes any land contained within an approved preliminary subdivision during the period in which the preliminary subdivision is valid.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.330 Revisions after preliminary subdivision approval.

Revisions of approved preliminary subdivisions prior to installation of improvements and recording of the final subdivision shall be processed pursuant to SCC 30.70.210 or 30.70.220.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-108, Jan. 9, 2013, Eff date Jan. 25, 2013; Amended by Amended Ord. 13-050, Aug. 28, 2013, Eff date Sept. 19, 2013)

30.41A.400 Construction drawings - submittal and review.

The following construction drawings, plans, and evidence shall be prepared and submitted either at the time of consideration of the preliminary subdivision or prior to construction. Plan submittal requirements shall be detailed by the department and available in checklist form:

(1) A full drainage plan shall be submitted as per chapter 30.63A SCC;

(2) A construction plan shall be submitted complying with the EDDS; and

(3) The full drainage plan and construction plan as specified above shall be reviewed under the direction of and approved by a registered professional engineer qualified in civil engineering assigned to the department.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.410 Improvements - how pledged.

(1) Before requesting final approval, the applicant shall carry out minimum improvements by any of the following methods:

(a) By actual installation of improvements to the satisfaction of the department; or

(b) If acceptable to the department, by furnishing the county with a security device in accordance with SCC 30.84.105.

(2) A maintenance security shall be required in order to assure the successful operation of the improvements in accordance with chapter 30.84 SCC. The maintenance security shall be required upon completion of construction and installation of the improvements to the satisfaction of the department.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 09-077, Aug. 26, 2009, Eff date Sept. 19, 2009; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.41A.420 As built plans - submittal.

After completion of all required improvements and prior to final acceptance of said improvements, the applicant shall submit:

(1) As built drawings reflecting any changes to previously approved construction drawings to the department. No changes in improvements may be made without prior approval of the department;

(2) Copies of the subdivisions and drawings showing the actual location of all mains, hydrants, valves, and other fire improvements to the fire marshal; and

(3) A statement by the applicant and his registered engineer that the drawings show the actual location of the improvements required to be shown therein.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.430 Installation of improvements - time limits.

(1) All improvements required within a subdivision shall be constructed or installed, or construction or installation assured in accordance with chapter 30.84 SCC, as provided by chapter 30.41A SCC, within the period or term of approval of the preliminary subdivision, as set forth in SCC 30.41A.300.

(2) All water supplies from community or public wells to serve the development shall be installed and shall produce the supply required prior to the recording of the final subdivision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010)

30.41A.500 Model homes.

A limited number of model homes are allowed to be constructed in an approved preliminary subdivision prior to final subdivision approval and recording in accordance with SCC 30.41A.510 - 30.41A.550. These sections shall not be construed to supersede or amend the purpose and intent of the Snohomish County Code regarding the requirements for subdivision approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.510 Number of model home permits authorized.

Building permit applications for model homes may be accepted for a maximum of nine lots.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004)

30.41A.520 Eligibility for a model home permit.

Any applicant who has received preliminary subdivision approval may apply for a building permit or building permits for model homes, up to the number authorized under SCC 30.41A.510. Prior to the issuance of model home permit(s), the applicant must demonstrate that the following criteria are met:

(1) The applicant for the model home building permit, if different than the owner and applicant for the approved preliminary subdivision, shall provide a document signed by the owner demonstrating that the applicant has real or possessory interest in the property on which the model home will be constructed;

(2) The applicant has submitted and received approval of construction plans for the model home to be built;

(3) Retention/detention facilities that serve the model home lots shall be in place or approved for recording;

(4) Any road improvement required as a condition of preliminary subdivision approval which is designed to provide access to the model home lots from an existing public road or public highway shall be constructed to final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). The access road shall meet the requirements of 30.53A.150(902.2.2.2). The driveway(s) for the model home(s) shall be approved in accordance with the EDDS. Lot corners and driveway locations for the model home lots shall be staked by a registered professional land surveyor;

(5) All mitigation fees required as a condition of preliminary subdivision approval, which are required to be fulfilled prior to building permit issuance, shall have been paid for the model home lot(s) prior to the issuance of a building permit for the model home;

(6) The application for the model home must be submitted at least 60 days prior to the date of preliminary subdivision expiration; and

(7) Fire protection must be available to any lot proposed for construction of a model home.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004)

30.41A.530 Model home application requirements.

Each residential building permit application for a model home shall include the following additional submittals:

(1) Title certificate demonstrating ownership interest in the property on which the model home will be constructed;

(2) Building plot plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required or proposed easements including but not limited to easements required by chapter 30.63A SCC; and the separations required therein;

(3) One dark line print of the proposed final subdivision;

(4) A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction or occupancy of the model home(s) prior to recording of the final subdivision; and

(5) In addition to the residential building permit fees for plan check, site review, and access permit, a model home fee for each model home and subdivision base fee shall be required. See chapter 30.86 SCC for applicable fees.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016)

30.41A.540 Model homes - occupancy.

The applicant may request final inspection and occupancy for only one model home prior to final subdivision approval and recording. Additional model homes constructed in the same preliminary subdivision in compliance with chapter 30.41A SCC shall be used for display and marketing purposes only and shall not be occupied prior to final subdivision approval and recording. Occupancy as a model house/sales office prior to final plat recording is subject to meeting the life/safety requirements of subtitle 30.5 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004)

30.41A.550 Model homes - as-built submittal.

Prior to final subdivision approval, the applicant shall submit two copies of a plot plan delineating the as-built location of the model home on the lot. The corners of the lot shall be set by a registered professional land surveyor prior to commencement of construction. The plot plan shall be included in both the building permit record and the subdivision file record.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004)

30.41A.600 Final subdivision application approval - timing.

A final subdivision application shall be approved within the time period pursuant to SCC 30.70.140 for preliminary subdivision approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 11-075, Jan. 11, 2012, Eff date Feb. 4, 2012; Amended by Amended Ord. 11-075, Jan. 11, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016)

30.41A.605 Final subdivision application - form.

An application for a final subdivision shall meet the submittal requirements established by the department pursuant to SCC 30.70.030, and shall include declarations, dedications, and acknowledgments in the form prescribed by the department.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.610 Monumentation.

(1) Monumentation complying with the current EDDS shall be placed at all public road(s) intersections, boundary angle points, points of curves in public road(s), or at such intermediate points as may be required by the department.

(2) If any land in a subdivision is contiguous to a body of water, river, or stream, monuments shall be set along a meander line which shall be established along the shore at such distance back from the ordinary high-water mark as to reasonably ensure against damage and destruction by flooding or erosion. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line.

(3) All lot and block corners or witness corners shall be set with an iron pipe or steel reinforcing bar at least 24 inches in length, or alternate materials as approved by the department, before recording of the subdivision. All corners shall be identified with the land surveyor’s registration number.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.620 Miscellaneous approvals.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Repealed by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017)

30.41A.630 Dedications.

(1) All highways and public roads or portions thereof and parcels of land shown on the final plat intended for any public use shall be deeded or offered for dedication for public use except where the provisions of this chapter provide otherwise.

(2) Public roads, or portions thereof, may be reserved by the county for future dedication where the immediate opening and improvement is not required, but where it is necessary to ensure that the county can later accept dedication when the public roads become needed due to traffic impacts of the subdivision, together with expected impacts of reasonably foreseeable future development of the areas or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the final plat in a form acceptable to the department. Easements for the purpose of serving the subdivision and other property with utility services and granting the right to enter upon the lots, tracts, and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment shall be reserved for and granted to all utilities and to their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots, tracts, and common areas. Easements for storm drainage sewers and other purposes shall be dedicated as appropriate. The department shall establish standard language for the establishment of such easements and shall make the standard language available with the submittal requirements checklists for final subdivision approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.640 Public notice of final subdivision submittal and approval procedure for final subdivision.

(1) The department shall examine the final subdivision application for adequacy of any required road improvements and right-of-way dedications, the mathematical closure of all lots and boundaries, and any other conditions required for compliance with the provisions of county code and conditions of preliminary approval. The applicant shall provide computation records for the lots and boundaries. The department may require additional information from an applicant where necessary to review the final subdivision application.

(2) Public notice of final subdivision submittal shall be provided by the department within 21 days of determination that the application is complete by:

(a) Mailing to all taxpayers of record and known site addresses within 300 feet of any portion of the boundary of the final subdivision, and to those official parties of record listed in the hearing examiner decision on the preliminary subdivision application;

(b) Posting in accordance with SCC 30.70.050 and 30.70.045;

(c) Mailing to all parties that have provided written comment on the preliminary subdivision in accordance with SCC 30.70.045; and

(d) Notices required pursuant to subsections (2)(a), (b) and (c) of this section shall solicit comments on the final subdivision recommendation. All comments shall be submitted to the department within 15 days of the mailing of the public notice.

(3) The department shall coordinate the final subdivision review process among the appropriate county departments and other agencies after compliance with the public notice provisions of subsection (2) of this section.

(4) The final subdivision shall be approved or disapproved by the department. The department shall base its decision on the following:

(a) The recommendations of the Snohomish Health District and any purveyors with jurisdiction as to the adequacy of the sewage disposal and potable water supply;

(b) The recommendation of the provider with jurisdiction as to the adequacy of electrical availability;

(c) The recommendation of the department of public works;

(d) The recommendation of the fire marshal;

(e) The recommendations of other relevant federal, state, and local agencies;

(f) The requirements of state law, the county code, and all other applicable codes;

(g) The submittal of a certificate of title prepared by a title insurance company no more than 30 days prior to submittal of the final subdivision which must show the names of all persons, firms, or corporations whose consent is necessary to dedicate land for public usage, as well as any easements or other encumbrances to the land proposed for subdivision;

(h) Any evidence of ownership interests not shown on title; and

(i) Compliance with all conditions imposed in the granting of the preliminary subdivision.

(5) Upon finding that the final subdivision has been completed in accordance with the county code, that the plat is in proper form for recording as established by the submittal requirements, that all required improvements have been completed or the arrangements or contracts have been entered into to guarantee that such required improvements will be completed, that all conditions of the preliminary subdivision approval and requirements of state law and county code have been met, and that the interests of the county are fully protected, the department shall obtain the necessary signatures on the final plat and the director shall sign the final plat, accepting such dedications and easements as may be included thereon, for final approval.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 03-047, June 4, 2003, Eff date June 20, 2003; Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017)

30.41A.645 Council procedure and public notice.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 03-047, June 4, 2003, Eff date June 20, 2003; Repealed by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017)

30.41A.650 Council action.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended Ord. 03-047, June 4, 2003, Eff date June 20, 2003; Repealed by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017)

30.41A.660 Taxes.

(1) All taxes on the property within a final plat must be paid for the current year in advance, together with all delinquent assessments for which the property may be liable as of the date of certification and all special assessments against the property which, under the subdivision filed, become public roads, alleys, and other public places. The county treasurer shall indicate by seal and signature proof of payment on the face of the final subdivision.

(2) Any person filing a final subdivision subsequent to May 31 in any year and prior to the date of the collection of taxes, shall deposit with the county treasurer a sum equal to the product of the county assessor’s latest valuation on the unimproved property in such subdivision multiplied by the current year’s millage rate and increased by 25 percent on the property platted.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.665 File with auditor.

(1) The original of the final subdivision shall be filed and recorded with the county auditor within 30 days from the date of council approval or the final approval shall lapse. In the case of a lapsed final approval, SCC 30.41A.300 shall govern the expiration of the preliminary approval.

(2) The auditor shall prepare and distribute copies bearing the auditor’s recording data to the department, the department of public works, county or district fire officials, and the county assessor.

(3) The auditor shall refuse to accept any final subdivision for filing and recording until final subdivision approval has been given. Should a final subdivision or dedication be filed or recorded without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of and on behalf of the council, directing the auditor and assessor to remove from their files or records the unapproved subdivision or dedication of record.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.670 Effect of filing a final subdivision.

Final subdivisions approved and recorded pursuant to this chapter are subject to the provisions of RCW 58.17.170.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.675 Homeowners association.

A homeowners association established for purposes of tract ownership and maintenance pursuant to this title shall be incorporated as a profit or non-profit corporation and shall remain the owner unless tract ownership by all lots within the subdivision is authorized pursuant to a final plat alteration. In the event that a homeowners association established pursuant to this title should be dissolved, then each lot shall have an equal and undivided ownership interest in the tracts previously owned by the association as well as responsibility for maintaining the tracts. A covenant that requires maintenance of the tracts consistent with county code, that restricts use of the tracts to that specified in the approved preliminary plat, and that requires compliance with those county regulations and conditions of final subdivision approval specified on the plat, must be approved by the County and recorded with the County Auditor. Said covenant shall be binding upon and inure to the benefit of the homeowners association, the owners of all lots within the subdivision and all others having any interest in the tracts or lots. Prior to the recording of the final plat, the department shall receive evidence that the articles of incorporation for the homeowners association have been filed. In any subdivision containing a homeowners association approved pursuant to this title, membership in the homeowners association and payment of dues or other assessments for maintenance purposes shall be a requirement of lot ownership and shall remain an appurtenance to and inseparable from each lot.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.700 Subdivision alteration.

(1) A recorded final subdivision may be altered pursuant to SCC 30.41A.710 through 30.41A.750. These provisions apply to the reconfiguration of any element graphically portrayed on a recorded final plat and to the alteration of conditions, restrictions, easements, or other textual materials on the plat or with a recorded final subdivision.

(2) Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered a subdivision alteration and shall be processed as a new subdivision or short subdivision.

(3) The subdivision alteration provisions do not apply to corrections to recorded final plats, revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of chapter 30.41E SCC, or to alterations of final short subdivisions pursuant to SCC 30.41B.700.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.710 Application for subdivision alteration.

(1) An application for a subdivision alteration shall contain the signatures of a majority of those persons having an ownership interest in lots, tracts, parcels, sites, or divisions in the subdivision or portion to be altered.

(2) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

(3) The applicant shall present a certificate of title showing the names of all persons who would be affected by the proposed alteration, as well as any easements or other encumbrances on the property subject to the proposed alteration.

(4) If the alteration proposes to change the recorded plat, a drawing prepared at the same scale as the recorded plat shall be submitted showing the details of the proposed alteration.

(5) If the alteration proposes a change to restrictions, conditions, or easements of a textual nature not depicted on the plat, a clearly written textual revision shall be submitted.

(6) A written statement of why the alteration is being requested and how the public interest would be served by its approval shall be submitted.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.720 Procedure for subdivision alteration.

(1) Public notice, project review, and the decision for a subdivision alteration application shall be done administratively by the department unless:

(a) A public hearing is requested by any person within 21 days of published notice of the application; or

(b) The department determines that a public hearing is in the public interest.

(2) The department may determine a public hearing is required based on, but not limited to, the following:

(a) The final subdivision being altered was approved prior to the enactment of the county’s subdivision regulations;

(b) The requested alteration is a significant deviation from the overall lot configuration, open space configuration or size, or design features of the final subdivision;

(c) Significant revisions to recorded conditions or restrictions are requested in the alteration; or

(d) The requested alteration may detrimentally affect access or other public health, welfare, or safety concerns.

(3) If a public hearing is required, public notice shall be provided and the application shall be reviewed and decided as a Type 2 decision by the hearing examiner. If approved, the subdivision alteration shall be provided to the county council for final processing pursuant to SCC 30.41A.750.

(4) If no public hearing is held, the department shall make a recommendation and forward the application to the hearing examiner for a written decision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.730 Special notice requirements.

(1) Notice of the application for a subdivision alteration shall be provided as set forth in SCC 30.70.050 and 30.70.060.

(2) In addition to the notice requirements set forth above, mailed notice requirements for the application shall include a mailing to each property owner within the subdivision, and if a hearing is required, notice of the hearing to all persons who submitted written comments during the comment period.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.740 Decision criteria.

The hearing examiner may approve a subdivision alteration if the application is found to be consistent with the general decision criteria of SCC 30.41A.100, and with any other applicable county regulations.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.750 Final subdivision alteration process and recording.

(1) Upon approval of a subdivision alteration the applicant shall produce a revised drawing and any other documents required to show the authorized changes to the final plat.

(2) The revised final plat shall bear the seal of a registered professional land surveyor, shall include the contents of a final plat, and shall be processed and recorded in the same manner as set forth for final subdivisions.

(3) All persons with an ownership or security interest in the property to be altered must sign the altered plat prior to recording.

(4) Altered subdivisions shall change, alter, or supersede the original subdivision only in the specific ways approved and set forth in the recorded documents.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.800 Review or revocation of preliminary approval.

After preliminary subdivision approval, if the department learns of any possible violations of conditions of approval, the department may initiate review or revocation proceedings in accordance with SCC 30.71.027 within 90 days of notice of the violation.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.810 Segregation notice.

When it comes to the attention of the assessor and/or treasurer of the county that a division of land has been made and not contained within a plat or parcel map, the assessor and/or treasurer shall immediately notify the department of such segregation.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.820 Sale or transfer without subdivision.

(1) Except as provided in SCC 30.41A.820(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels, and any person or any agent, sells, transfers, or advertises for sale or transfer any such lot, tract, or parcel without either having a final subdivision filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales or transfers or offers of sale or transfer and compel compliance with all provisions of this code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary subdivision approval is expressly conditioned on the recording of the final subdivision containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41A.820(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final subdivision is approved and recorded.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.830 Permit prohibition.

No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of this code or of chapter 58.17 RCW, unless the authority authorized to issue such permit finds that the public interest would not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers’ or transferees’ property shall comply with the provisions of chapter 58.17 RCW and each purchaser or transferee may recover damages from any person or agent, including any amount reasonably spent as a result of an inability to obtain any development permit and any amount spent to conform to the requirements of this code, as well as cost of investigation, suit, and reasonable attorney’s fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover cost of investigation, suit, and reasonable attorney’s fees occasioned thereby.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.41A.840 Enforcement.

(1) In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court for Snohomish County. The violation of such assurance shall constitute prima facie proof of a violation of this chapter.

(2) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days, or both.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)