Chapter 18.156
SHORT SUBDIVISIONS
Sections:
18.156.010 Applicability.
18.156.020 Filing procedure and fee.
18.156.030 Owner’s free consent.
18.156.035 Posting requirements.
18.156.040 Survey.
18.156.050 Departmental review.
18.156.060 Review criteria.
18.156.070 Preliminary approval.
18.156.080 Reserved.
18.156.090 Appeal procedure.
18.156.100 Amendments.
Cross-references: Chapter 58.09 RCW and Chapter 332-130 WAC
18.156.010 Applicability.
Every short plat shall comply with the provisions of this chapter. Short plats are processed pursuant to the provisions of Section 18.16.090, Process II—Administrative action.
A. Exemptions. The provisions of this chapter are not applicable to the following:
1. All exemptions listed in Section 18.144.025.
2. Deed releases for the purpose of obtaining building financing; provided, that a short plat is required if said parcel is separately sold or if all land specified by the contract is not acquired.
3. Divisions which were surveyed in accordance with the Survey Recording Act and are recorded with the auditor prior to August 13, 1974.
4. One model home may be established on a single lot without short platting, provided the city has approved a preliminary short subdivision that includes the specific lot where the model home is to be located.
5. Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.
6. Any division or divisions of land for the sole purpose of enabling a municipal corporation to acquire land, either by outright purchase or exchange, for parks, viewpoints, recreational, educational or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.
B. The entire original tract (except adjacent platted or short platted land) shall be included within one short plat application.
C. Further Divisions. Land within a short subdivision shall not be further divided in any manner for a period of five years from the date said approved short plat is recorded with the auditor without the filing of a final plat on the land which is proposed to be further divided. This requirement shall be stated on the face of the short plat. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.020 Filing procedure and fee.
A. Eleven (11) paper prints of the proposed short subdivision shall be filed with the city along with the required application form and the established nonrefundable application fee.
B. The original mylar for preliminary approval shall be submitted when:
1. The city indicates it is prepared to approve the preliminary short subdivision;
2. When the short subdivision is subject to automatic approval; or
3. Within thirty (30) days after the expiration of the original thirty (30) day review period, unless an official action has been taken.
C. A short plat shall meet the following standards:
1. Drawn in ink to a scale not smaller than one inch equals one hundred (100) feet or other approved scale or mylar, a sheet size of eighteen (18) inches by twenty-four (24) inches.
2. The plat shall show the boundary and dimensions of the original tract including the assessor’s parcel number, section, township and range, and all adjoining public or private roads and identifying names as such.
3. A vicinity map drawn to a scale of four inches equals one mile or other approved scale of sufficient detail to orient the location of the original tract.
4. Name and address of the owner of record of the original tract, scale of the drawing, and north directional arrow.
5. All lots shall be identified by numerical designation. The dimensions of each lot shall be shown.
6. Width and location of access to all short platted lots.
7. The location and use of all buildings on the original tract.
8. Space, or a second eighteen (18) inch by twenty-four (24) inch mylar sheet, shall be reserved for comments and conform to the established signature block sample.
9. Where a survey is required, the form of the plat shall be as required by the Survey Recording Act (Chapter 50 Washington Laws of 1973, or as amended). (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.030 Owner’s free consent.
The contract purchasers, or owners in fee simple, shall sign a statement signifying that the plat is made with their free consent and in accordance with the desires of the owners (see Section 18.176.030). (Ord. 575 § 40, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.035 Posting requirements.
After acceptance of a short plat application, notification and posting procedures pursuant to Section 18.16.180, notice of application, shall apply to all short plats. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.040 Survey.
A. Recordable surveys shall be required for all short plats and short subdivisions. All surveys shall be accomplished as required by Chapter 332-130 WAC and the Survey Recording Act (Chapter 58.09 RCW).
B. The certifying professional land surveyor shall complete all lot staking prior to the recording of the short subdivision.
C. All short plat corners, including interior lot corners, shall be staked with steel rebar or metal pipe with a cap that permanently bears the land surveyor’s registration number. When the plat corner(s) or lot corner(s) falls in a body of water, over the edge of a steep slope or other inaccessible area, an offset corner will be permitted. When the boundary line of a short subdivision follows a meandering line, corners shall be set as directed by the city engineer. A presubmittal meeting with city staff to discuss corner locations is recommended.
D. When the legal description of the short plat utilizes a partial or complete section subdivisional breakdown to establish the short subdivision boundaries, section subdivision survey information in accordance with the requirements of WAC 332-130-030 shall be shown on the short plat mylar.
E. All reference monuments used in the establishment of the proposed short subdivision corners shall be identified, described, and noted as set or found on the short plat mylar. When appropriate, the short subdivision survey shall reference the recorded or previous survey that was the basis for the short plat survey.
F. When the proposed short subdivision is adjacent to a constructed state, county, or city road and the short plat corner(s) or its offset represents a one-sixteenth corner, quarter corner, section corner, or donation land claim corner that is not of record or is lost or obliterated, a standard monument(s) shall be placed in the road. In cases where a monument of record is found, the existing corner does not have to be replaced.
G. Whenever a short plat is adjacent to an existing state, county, or city road and/or right-of-way, the centerline of that road shall be located on the short plat drawing. If the existing constructed road or maintained roadway section falls outside of the documented right-of-way, the surveyor shall identify the existing edge of pavement and limits of the maintained roadway section on the short plat drawing and show its relationship to said centerline. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.050 Departmental review.
A. The city engineer may review a short plat for adequacy of access, stormwater drainage facilities, public sewer system, survey accuracy and feasibility for building sites.
B. The community development department may review the proposed short subdivision for conformance with zoning laws, the comprehensive plan and subdivision code.
C. The health department may review the proposed short subdivision for adequacy of water supply, and sanitary septic tank or sewerage conditions.
D. The public works director may review the proposed short subdivision for conformance with local conditions and possible improvement requirements.
E. The fire marshal may review the proposed short subdivision for adequacy of the fire protection water system and access for fire fighting equipment.
F. The assessor-treasurer’s office may review the proposed short subdivision for lot closures, current tax status, and other items.
G. Other departments or agencies as determined by the city may review the proposed short subdivision. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.060 Review criteria.
A. Access.
1. General. The proposed short plat shall be reviewed for adequate ingress and egress to all proposed lots. Extension of roads or access rights from property line to property line of the short subdivision land may be required so that the road may be extended in the future. If there is other reasonable access available, the city engineer may limit the location of direct access to any arterials or other road(s). When an adjoining landowner will be obligated to construct or maintain a future road, a note to this effect shall be stated on the face of the short plat.
2. Reserved Road Areas. Where a city arterial is being planned for, the city engineer may require that a sixty (60) foot wide right-of-way area be reserved for a future road. If the road has not been developed, and when the city determines that said reserved road area is required to be developed, all adjoining landowners shall bear the expense of constructing the future road to city standards. A note to this effect shall be reflected on the short plat.
3. Private Roads. Unless the city has existing plans, maps, sketches or studies for a city arterial on the properties in issue, the city engineer shall approve private roads if all persons and their successors who own the land adjoining the road within the short plat have equal legal rights to use said private road area. Said developer and/or adjoining landowners and their successors shall bear the expense of constructing and maintaining said road, and a note to this effect shall be made on the face of the short plat. Where the short plat, or land beyond the short plat, have the potential of being divided into nine or more lots, then said private road may be required to have a right-of-way width equivalent to city standards.
B. Drainage. The proposed short plat shall be reviewed for adequate drainage facilities. Requirements for any necessary facilities may be required to be on the face of the short plat mylar.
C. Sewers or Septic Tanks. The proposed short plat shall be reviewed for potential sewer or septic tank adequacy. If known local conditions exist which may affect future building sites, these conditions may be stated on the face of the short plat.
D. Feasibility for Building Sites. Areas which are known or suspected to be poor building sites because of geological hazard, flooding, poor drainage or swamp conditions or mudslides shall be noted on the face of the short plat.
E. Critical Areas. Critical areas as specified in Division 5 of this title shall be identified on the short plat and protective measures specified in Division 5 of this title shall apply.
F. Water Supply and Fire Protection. The proposed plat may be reviewed for potential adequacy of water supply and fire protection.
G. Street Improvements. Sections 18.152.020(I) and (J) shall apply.
H. Denial of the short plat may be considered if subsections (A) through (E) of this section are not adequately addressed. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.070 Preliminary approval.
A. Procedure.
1. The department shall forward two paper prints to the city engineer, fire marshal, the Thurston County health department, and the assessor-treasurer’s office. The initial review by the departments or agencies of the proposed short subdivision shall be completed within thirty (30) days after the short subdivision is filed unless, upon the request of the department, the applicant consents to an extension of such time period.
2. Each department or agency shall either approve, disapprove, or return the short plat for change within the thirty (30) day initial review period.
3. If returned for change, the applicant/agent shall resubmit six prints and the mylar to the department reflecting the required changes within one hundred eighty (180) days, after said notice of correction is given by the reviewing departments or agencies. Should the applicant require an extension of time to satisfy the requirements that were requested during the initial thirty (30) day review, an additional one hundred eighty (180) days shall be granted upon written request. Due to the complexity of the proposal, the applicant may desire to request the following to extend the life of the application:
a. Request in writing that the application for the proposed short plat be placed on hold for due cause. Due cause would constitute a situation that was beyond the applicant’s control; i.e., required environmental review, health department requirements for viewing high water table on the site prior to review for waste disposal, and/or water availability report required by the state. To accompany the request would be the estimated time line for completion of the required additional material, studies, or review. The hold would be placed upon the application for a specified period of time.
b. Request in writing that a time extension is necessary to provide the reviewing departments with the necessary material, documents, and studies, as requested in the initial thirty (30) day county review. The city may provide a second one hundred eighty (180) day extension.
c. The required time extension fee is required with an extension application.
4. The applicant is required to submit the requested revisions prior to the expiration of the allowable time line, along with six prints and the mylar to the department. The submittal shall be considered the final review and all previous extensions that were granted to the applicant shall be considered void. The reviewing departments or agencies shall have a thirty (30) day review period. At the conclusion of the review period, the reviewing department or agencies shall approve or deny the short plat. Denial by any one department or agency shall constitute denial of the short plat.
B. Required Written Findings for Short Subdivisions. The designee shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision and any dedication. The designee shall make written findings that determine if appropriate provisions are made for, but not limited to:
1. The public health, safety, and general welfare for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
2. Whether the public interest will be served by the short subdivision and dedication.
3. If the designee finds that the proposed short subdivision makes such appropriate provisions and that the public use and interest will be served, then the director or designee shall approve the proposed short subdivision and dedication.
C. Notice of Return to Applicant for Cause. If a short plat is not in proper order or cannot be approved in its present form, a letter accompanied by said print, postmarked prior to the expiration of said thirty (30) day period, shall be sent to the applicant (by the disapproving department) to notify him of why approval cannot be given in its present form.
D. Site Development. All conditions and site development conditions as identified in the written findings shall be completed and accepted by the city engineer prior to application for final short subdivision approval. As an alternative to actual site development, the project may be bonded as provided in Section 18.12.120, Security mechanisms.
E. Final Short Subdivision. The signature blocks shall be as provided in the signature block sample provided by the city.
F. Effect of Approval. The approval of a final short plat shall not be a guarantee that future permits will be granted for any structures or development within said area and a notation to this effect shall be stated on the face of the short plat. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.080 Reserved.
(Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.090 Appeal procedure.
Appeals of any city decision are processed pursuant to Section 18.16.090, Process II—Administrative action. (Ord. 548 § 2 (Exh. F) (part), 2007)
18.156.100 Amendments.
A. Amendments to short subdivisions may be approved by the city by approving an amendment note that states to the effect that: “This amended short plat supersedes Short Plat No.____.”
B. The note must specify the changes and before the city can approve the amended short plat:
1. All city requirements and conditions stated on the original short plat must be stated on the amended short plat and clearly state or identify the amendment; and
2. All property owners of the short subdivision affected by the amendment shall provide the city with a notarized statement to the effect that they agree to the terms of the amendments to the short subdivision and shall sign the final amended short plat prior to recording.
C. If any city department or other agency’s previous approvals may be affected by the amendment, that department shall approve the proposed amendment before the city may grant final approval. The established fee shall be paid to process the amended short plat.
D. The assessor-treasurer’s office must again signify that the current real estate taxes are paid before the amended short plat is recorded. Upon recording, the amended short plat is deemed approved by the city. (Ord. 548 § 2 (Exh. F) (part), 2007)