Chapter 30.41B
SHORT SUBDIVISIONS

Sections:

30.41B.010    Purpose and applicability.

30.41B.020    Exemptions.

30.41B.025    Prior divisions of land.

30.41B.030    Procedure and special notice requirements.

30.41B.040    Submittal requirements.

30.41B.060    Identification markers and other postings.

30.41B.070    Resource lands.

30.41B.075    Short subdivisions under rural cluster provisions.

30.41B.100    Decision criteria.

30.41B.120    Decision criteria: minimum net density.

30.41B.200    Design standards.

30.41B.205    Design standards - unit lot short subdivision.

30.41B.210    Design standards - slopes.

30.41B.300    Preliminary short subdivision approval - term.

30.41B.310    Revisions after preliminary short subdivision approval.

30.41B.400    Installation of improvements.

30.41B.500    Reserved.

30.41B.600    Final short subdivision application approval - timing.

30.41B.605    Final short subdivision application approval - form.

30.41B.610    Approval procedure for final short subdivision.

30.41B.620    Monumentation.

30.41B.630    Dedications.

30.41B.635    Acceptance of conveyances

30.41B.640    File with auditor.

30.41B.650    Homeowners association.

30.41B.700    Short subdivision alterations.

30.41B.800    Violation of preliminary approval.

30.41B.810    Sale or transfer without short subdivision approval.

30.41B.820    Segregation notice.

30.41B.830    Permit prohibition.

30.41B.835    Repealed.

30.41B.840    Enforcement.

30.41B.010 Purpose and applicability.

(1) The purpose of this chapter is to:

(a) Regulate the division or redivision of land into nine or fewer lots, tracts, or parcels in an urban growth area, and four or fewer lots, tracts, or parcels outside an urban growth area, except as set forth in SCC 30.41B.010(2) - (4) below;

(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;

(m) Require conveyancing by accurate legal description; and

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

(2) Land within a short subdivision which has been recorded within the immediately preceding five years may not be further divided in any manner, except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC, or the short subdivision may be altered to contain up to the maximum number of permissible lots, tracts, or parcels, as follows: When a short subdivision contains fewer than the maximum number of permissible lots, tracts, or parcels, based on the short subdivision’s location either outside or inside an urban growth area, the owner who filed the short subdivision may file an alteration within the five year period to create, within the original boundaries of the short subdivision, a greater number of lots, tracts, or parcels than were originally created, up to a total of four lots outside an urban growth area, or a total of nine lots inside an urban growth area.

(3) After five years, further divisions may be permitted through the short subdivision process by a parcel owner when otherwise consistent with the then current regulations. PROVIDED, that when the subdivider owns more than one lot within a short subdivision, he may not divide the aggregate total into more than four lots when located outside an urban growth area or nine lots when located in an urban growth area.

(4) Where there have been no sales of any lots in a short subdivision, nothing contained in this section shall prohibit an applicant from completely withdrawing the entire short subdivision and thereafter presenting a new application.

(5) Land within a subdivision exempted from subdivision or short subdivision requirements by RCW 58.17.040(2) or SCC 30.41A.020(7), may not be further divided in any manner within five years immediately following the date of exempt subdivision so as to create any nonexempt lot, tract or parcel; except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC. This prohibition shall not apply as to lots, tracts, or parcels conveyed to purchasers for value. For the purpose of this subsection, the phrase "date of exempt subdivision" shall mean the date of creation of an exempt subdivision as shown by documents of sale or lease, filing of maps or surveys thereof with the county auditor or the department, or such other similar proof as is considered sufficient by the department. After five years, further divisions may be permitted by a parcel owner when otherwise consistent with the current regulations.

(6) Any nonexempt redivision of land authorized by paragraphs (2) and (3) above shall be subject to all subdivision requirements of chapter 30.41A SCC if approval would result in the subdivider owning more than four contiguous lots when located outside an urban growth area, or more than nine contiguous lots when located in an urban growth area, regardless of whether the lots are subdivided, short subdivided, or are unplatted lots.

(7) A split parcel may be divided into a two-lot short plat if:

(a) the parcel is divided on the UGA boundary line;

(b) both resulting parcels or lots meet all applicable subdivision requirements set forth in subtitle 30.4 SCC; and

(c) both resulting parcels or lots meet all applicable development standards set forth in subtitle 30.2, except:

(i) the urban portion of the parcel is exempt from compliance with minimum net density requirements pursuant to SCC 30.23.020; and

(ii) the rural or resource portion of the parcel is exempt from compliance with minimum lot dimension requirements pursuant to SCC 30.23.010.

(8) A split parcel may be divided into a short plat if the original split parcel is divided along the UGA boundary line creating at least one lot in the rural or resource designated area, even if this one lot does not meet minimum lot dimension requirements. Any additional divisions of the lot, including lots created within the urban portion of the original lot or additional lots created in 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)

30.41B.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) Any division of land regulated by chapter 30.41A 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 the land is not capable of subdivisional description;

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

(9) Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;

(10) Any division where no permanent road may be constructed and where restrictive covenants or lease provisions prohibit construction of buildings of a type that permits human occupancy, overnight camping, or other human habitation;

(11) Transfers of land to the county for open space, conservation, or park purposes. Any remaining area must meet the minimum requirements of SCC 30.23.230(1). The land remaining must meet the minimum access requirements of SCC 30.24.040 and 30.24.055;

(12) Sales of tax title property to an adjoining property owner by the county pursuant to SCC 4.46.181(13) and RCW 36.35.150(3); and

(13) 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; 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; Amended by Ord. 14-080, Sep. 24, 2014, Eff date Oct. 10, 2014)

30.41B.025 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 SCC 30.41B.025(2) 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 of 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 Snohomish County Code in effect at the time of division.

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

30.41B.030 Procedure and special notice requirements.

(1) Short subdivisions shall be processed as a Type 1 administrative decision except that if a dedication of right-of-way for a new public road is proposed or required, a Type 2 process decision by the hearing examiner shall be used. The decision maker may approve, approve with conditions, deny, or deny without prejudice a proposed short subdivision application.

(2) A preliminary short subdivision application which has been denied without prejudice may be reactivated under the original project file number and without additional filing fees if a revised application is submitted within six months of the date of the denial without prejudice.

(3) The department shall distribute copies of the preliminary short subdivision application to each reviewing section within the department and to each of the following and shall allow 21 days from the dated 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 short subdivision or whose urban growth area includes the subject site or whose public utilities would be used by the proposed short subdivision; and

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

(4) Public notice of application shall be provided as set forth in SCC 30.70.050.

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

30.41B.040 Submittal requirements.

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

(2) Preliminary short subdivision applications shall include a preliminary short plat prepared by and bearing the signature and seal of a registered professional land surveyor.

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

30.41B.060 Identification markers and other postings.

(1) The applicant shall, for identification purposes only, cause markers of a type approved by the department to be placed upon each of the road frontage corners of the subject land and maintain them thereon during the period extending from the time of short subdivision application to the time of final action for the purpose of permitting field checks of the proposed short subdivision.

(2) Where other data or where identification markers are found necessary by any relevant agency to assist it in making its determination, such data and markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies.

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

30.41B.070 Resource lands.

The provisions of this chapter are subject to the requirements of chapters 30.32A SCC, 30.32B SCC, and 30.32C SCC. In the event of a conflict between a provision of this chapter and chapters 30.32A SCC, 30.32B SCC, or 30.32C SCC the requirements of chapters 30.32A SCC, 30.32B SCC, and 30.32C 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)

30.41B.075 Short subdivisions under rural cluster provisions.

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

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

30.41B.100 Decision criteria.

The preliminary short subdivision application shall be approved only if the department or the hearing examiner finds that

(1) The proposal makes appropriate provisions 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 decision maker 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 short subdivision.

(2) If the decision maker finds that the proposed preliminary short subdivision makes appropriate provisions for the matters listed in SCC 30.41B.100(1) and enters written findings that the short subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the decision maker finds that the proposed short 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 decision maker may deny the proposed preliminary short 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.

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

30.41B.120 Decision criteria: minimum net density.

All residential short subdivisions located in an urban growth area as designated on the comprehensive plan shall maintain a minimum net 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)

30.41B.200 Design standards.

The following design standards shall be met, unless a modification is specifically provided for:

(1) Each lot shall contain sufficient square footage to meet minimum zoning and health requirements, provided that the minimum lot size within a short subdivision may be reduced below the size required by applicable zoning through the lot size averaging provisions of SCC 30.23.210, or through the planned residential development or rural cluster subdivision provisions of this title;

(2) Each new lot shall have an accessible area suitable for construction pursuant to SCC 30.41A.235;

(3) Short subdivisions located in special flood hazard areas shall comply with the provisions of SCC 30.65.110(3);

(4) Roads and access shall be provided in accordance with the requirements in chapter 30.24 SCC; and

(5) All short subdivisions shall meet the applicable tree retention and landscaping requirements of chapter 30.25 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)

30.41B.205 Design standards - unit lot short 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 30.41B.650.

(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.

(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)

30.41B.210 Design standards - slopes.

All short subdivisions shall comply with the requirements of SCC 30.41A.250.

(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)

30.41B.300 Preliminary short subdivision approval - term.

(1) The standard term of approval for a preliminary short subdivision is pursuant to SCC 30.70.140.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Eff date 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)

30.41B.310 Revisions after preliminary short subdivision approval.

Revisions of approved preliminary short subdivisions prior to installation of improvements and recording of the final short 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)

30.41B.400 Installation of improvements.

(1) Any improvements required within a short subdivision shall be installed, or installation assured, in accordance with chapter 30.84 SCC, within the period or term of approval of the preliminary short subdivision approval, as set forth in SCC 30.41B.300.

(2) Any water supply 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 short subdivision.

(3) Where improvements are required as part of the preliminary short subdivision approval, the director shall require the applicant to comply with SCC 30.41A.400 - 30.41A.430 related to submittal and review of construction drawings, submittal of as-built plans, and security devices in accordance with chapter 30.84 SCC for installation and maintenance of improvements.

(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)

30.41B.500 Reserved.

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

30.41B.600 Final short subdivision application approval - timing.

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

(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)

30.41B.605 Final short subdivision application approval - form.

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

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

30.41B.610 Approval procedure for final short subdivision.

(1) The department shall examine the final short subdivision 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 this code and the conditions of preliminary approval. The department may require additional information from an applicant where necessary to review the final short subdivision application.

(2) The final short subdivision shall be approved or disapproved by the department within 30 days from the date of submittal unless the applicant consents in writing to an extension. The department shall base its decision on the following:

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

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

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

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

(e) The submittal of a current short subdivision certificate prepared by a title insurance company which must confirm that the ownership interest in the land to be divided is in the name(s) of the person(s) whose signature(s) appear(s) on the short plat;

(f) Any evidence of ownership interests not shown of record; and

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

(3) The department shall approve the final short subdivision only upon finding that all required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that all conditions of preliminary approval have been met and when the short plat is in proper form for recording as established by the submittal requirements.

(4) When all parties known to the county to have an ownership interest in the real property have signed the final short plat and the requirements of SCC 30.41B.610(3) have been satisfied, the department shall grant its approval by signing the final short plat.

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

30.41B.620 Monumentation.

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

(2) If any land in a short 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 short plat. All lot corners shall be identified with the land surveyors registration number.

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

30.41B.630 Dedications.

(1) All highways, public roads or portions thereof, and parcels of land shown on the final short plat and intended for any public use shall be offered for dedication for public use except where the provisions of chapter 30.24 SCC 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 short subdivision, together with expected impacts of reasonably foreseeable future development of the area or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the short plat in a form acceptable to the department. Easements for the purpose of serving the short 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 short subdivision approval.

(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)

30.41B.635 Acceptance of conveyances

Where real property interests are to be conveyed to the public, such real property, conveyances shall be made in conformance with adopted engineering standards or land use and development standards, and subject to approval and acceptance of the director of public works, the county engineer or the director of PDS pursuant to SCC 2.68.035 or 2.01.040 respectively.

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

30.41B.640 File with auditor.

(1) A final short subdivision approved by the department shall be filed as a short plat and recorded with the county auditor within 30 working days of the date of approval by the department or the approval shall lapse. A final short subdivision shall not be deemed approved until so filed. In the case of a lapsed final approval, SCC 30.41B.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 short plat for filing and recording until final short subdivision approval has been given. Should a short plat 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 county auditor and assessor to remove from their files or records the unapproved short subdivision or dedication of record.

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

30.41B.650 Homeowners association.

A homeowners association established for purposes of tract ownership and maintenance pursuant to this chapter shall be incorporated as a profit or non-profit corporation and shall remain the owner unless tract ownership by all lots within the short subdivision is authorized pursuant to the final short plat alteration process. In the event that a homeowners association established pursuant to this chapter 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 short plat, and that requires compliance with those county regulations and conditions of final short subdivision approval specified on the short plat, must be approved by the county and recorded with the Snohomish County Auditor. Said covenant shall be binding upon and inure to the benefit of the homeowners association, the owners of all lots within the short subdivision and all others having any interest in the tracts or lots. Prior to the recording of the final short plat, the department shall receive evidence that the articles of incorporation for the homeowners association have been filed. In any short subdivision containing a homeowners association approved pursuant to this chapter, 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)

30.41B.700 Short subdivision alterations.

(1) A recorded final short plat may be altered through a Type 1 process. The reconfiguration of any element graphically portrayed on a recorded final short plat and the alteration of restrictions, easements, conditions, or other textual materials on or with a recorded final short plat shall be altered using the same process and decision criteria as for a new short subdivision approval; provided that mailed notice shall be limited to property owners within or directly abutting on the original short subdivided property.

(2) The addition of one or more lots to a recorded short plat approved pursuant to this title may be processed as an alteration or a new short subdivision, provided that no more than four total lots may be created within five years of recording of the original short subdivision.

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

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

30.41B.800 Violation of preliminary approval.

After preliminary short subdivision approval, if the department learns of possible violations of conditions of such approval, the department may set the matter for public hearing before the hearing examiner within a reasonable time, not to exceed 90 days of notice of the violation. Notice of this hearing shall be provided in the same manner as was provided on the preliminary short subdivision application. At the hearing, the hearing examiner shall determine whether a violation exists, and may impose conditions that conform the short subdivision to the provisions of the county code and/or to the conditions of the original preliminary short subdivision approval.

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

30.41B.810 Sale or transfer without short subdivision approval.

(1) Except as provided in SCC 30.41B.810(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels and any person or any agent sells or transfers or advertises for sale or transfer any such lot, tract, or parcel without either having a final short plat 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 short 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 short subdivision approval is expressly conditioned on the recording of the final short plat containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41B.810(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 short plat is approved and recorded.

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

30.41B.820 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, he shall immediately notify the department of such segregation.

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

30.41B.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 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)

30.41B.835 Duplex development in single family subdivisions.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Repealed by Amended Ord. 16-044, Aug. 31, 2016, Eff date Sept. 12, 2016)

30.41B.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)