Chapter 16.35 SHORT PLATS

Every division of contiguous land for the purpose of lease, sale or development into two or more but less than five lots within the incorporated area of the city shall proceed in compliance with this chapter and Chapter 16.40 SMC. (Ord. 1110 § 2, 2002).

16.35.020 Exemptions.

The provisions of this chapter and Chapter 16.40 SMC shall not apply to:

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

(2) 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 the other requirements of this code. (Ord. 1110 § 2, 2002).

16.35.030 Pre-application meeting.

Before making an application for short subdivision approval, the applicant shall submit a pre-application form provided by the planning department and three copies of the proposal for a pre-application meeting with the public works director and the planning director. (Ord. 1110 § 2, 2002).

16.35.040 Consent to access.

The subdivider shall permit free access to the land being subdivided to all agencies considering the short subdivision for the period of time extending from the time of application to the time of final action. (Ord. 1110 § 2, 2002).

16.35.050 Environmental impact.

If any additional environmental information is required on a short plat, then that plat shall not be considered as filed with the planning director until information has been supplied. (Ord. 1110 § 2, 2002).

16.35.060 Minimum standards.

The public use and interest shall be deemed to require as a minimum the standards set out below:

(1) Each lot shall contain sufficient square footage to meet the minimum dimensional requirements as set forth in this code.

(2) Bridges and storm drainage facilities shall be subject to the approval of the public works director.

(3) Where any abutting city or county street has insufficient width to conform to minimum road width standards for the city, sufficient additional right-of-way shall be deeded to the city.

(4) Lots within a short subdivision shall be designed so that lots adjacent to major collector streets, as defined in the city’s Comprehensive Plan, are not allowed direct access. The public works director may approve access as an exception to the above requirement; provided, that:

(a) Sight distance is proven adequate utilizing the posted speed plus 10 miles per hour to calculate the safe stopping distance.

(b) The safety of the traveling public is not likely to be jeopardized.

(c) The applicant is able to show to the satisfaction of the director that a hardship would exist if access is not approved.

(5) Access to the boundary of all short subdivisions shall be provided by an opened, constructed and maintained city street or county road.

(6) The maximum number of lots that may be served by a private road shall be four.

(7) If the subdivider provides a private road, each lot having access thereto shall have a responsibility for maintenance of such private road. Any private road shall also contain a drainage and utilities easement.

(8) Lots shall be subject to the design standards as contained in Chapter 16.10 SMC. (Ord. 1110 § 2, 2002).

16.35.070 Application.

(1) Seven copies of the proposed short plat shall be submitted to the planning director upon forms furnished by said official who shall affix thereto a file number and the date of receipt.

(2) The application shall contain the following information:

(a) The name, address and telephone number of the subdivider;

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

(d) The square footage computation of each lot or parcel sufficiently accurate to show that each such lot or parcel contains at least sufficient footage to meet minimum dimensional requirements of this code;

(e) The names and addresses of all adjacent property owners as shown on the records of the assessor;

(f) Any other information as contained on the application form and checklist provided by the planning department. (Ord. 1110 § 2, 2002).

16.35.080 Supporting documents.

The following documentation shall accompany each application for approval of a short plat:

(1) A vicinity sketch clearly identifying the location of the property being short subdivided, the sketch having a scale of not less than three inches to the mile;

(2) Copies of restrictions, if any, presently encumbering the land;

(3) Copies of restrictions, if required by the city, must be recorded either prior to or simultaneously with the short plat;

(4) In any short subdivision where lots are served or to be served by a private road, the subdivider shall furnish copies of such further covenants or documents that will result in:

(a) Each lot owner having access thereto and being responsible for maintenance of any private road contained within the short subdivision; and

(b) Such covenants or documents shall obligate any seller to give actual notice to any prospective purchaser of the method of maintenance for the private road, which notice shall be caused to be included in any deeds or contracts relating to such sale, and such covenants or documents shall be recorded either prior to or simultaneously with the short subdivision;

(5) A plat certificate from a title company showing interest of the persons signing the declaration of short subdivision and showing restrictions encumbering the land;

(6) Statement from the Stanwood-Camano School District assessing safe walking conditions to local schools. (Ord. 1110 § 2, 2002).

16.35.090 Contents of short plat maps.

A short plat map shall be prepared in accordance with the standards contained herein by or under the supervision of a registered land surveyor. The maps shall contain the following information:

(1) A description of the boundaries of the tract, including the objects that fix the corners, the length and direction of the lines, and the area of the tract. Also included shall be a description of the lots, tracts or parcels together with the legal description of the private roads and easements therein, all prepared or approved and sealed by a registered land surveyor. In addition, where it differs from the description of the short subdivision, a legal description of the contiguous land owned by the subdivider;

(2) The date, scale and north arrow;

(3) The boundary lines to scale of the tract to be subdivided and each lot contained therein;

(4) The number and address assigned to each lot;

(5) The location and widths of any easements and rights-of-way for public services or utilities within the area contained within the short subdivision;

(6) The boundaries of all lands reserved in the deeds for the common use of the property owners of the short subdivision;

(7) The location of permanent features outside the land to be subdivided which will have an impact upon the short subdivision, such as all existing or platted streets and roads adjacent to the short subdivision, watercourse, railroad rights-of-way, all utility rights-of-way, township lines and section lines;

(8) The location of existing houses and outbuildings, with notation as to type of structures, sufficiently accurate to ensure compliance with setback requirements;

(9) Any other items as requested on the application form or application checklist provided by the community development department. (Ord. 1110 § 2, 2002).

16.35.100 Review.

(1) The planning director shall distribute one copy of the short plat to each of the following:

(a) Public works department;

(b) Any other federal, state or local agencies as may be relevant;

(2) The planning director shall set a date for return of findings and recommendations from each relevant agency, the date to be 10 working days from the date of the application. (Ord. 1110 § 2, 2002).

16.35.110 Public notice of application.

The planning director shall cause at least one public notice sign per adjoining right-of-way to be posted on the site to be subdivided. The notice shall provide a description or map of the property and description of the subdivision and shall set a date for public comment to be submitted to the planning department. The comment period shall be no less than 15 days. No decision shall be rendered within the comment period. In cases where SEPA is required, the notice and comment periods may be combined. (Ord. 1110 § 2, 2002).

16.35.120 Identification marker posting.

The subdivider shall, for identification purposes only, cause markers of a type approved by the public works director to be placed upon each of the approximate road frontage corners of the subject land and maintain them thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks of the proposed short subdivision. (Ord. 1110 § 2, 2002).

16.35.130 Posting of other data and markers.

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 to the time of final action for the purpose of permitting field checks by the applicable agencies. (Ord. 1110 § 2, 2002).

16.35.140 Time limit for preliminary action.

When the planning director has received a complete application, said director shall approve, disapprove or return the application to the applicant for modification or correction within 30 days. (Ord. 1110 § 2, 2002).

16.35.150 Defining of land included in short subdivisions.

Where a subdivider owns not less than one-eighth of a section (or 80 acres), the boundaries may be defined to include not less than one-sixteenth of a section (or 40 acres); provided, that no increment of land containing less than one-sixteenth of a section (or 40 acres) remains; and provided further, the definition provides proper access to the remaining parcel. (Ord. 1110 § 2, 2002).

16.35.160 Departmental review and approval.

(1) The public works director and the planning director shall consider and review the proposed short subdivision with regard to:

(a) Its conformance to the general purposes of the Comprehensive Plan and planning standards and specifications as adopted by the laws of the state of Washington and the city of Stanwood;

(b) Whether appropriate provisions are made for drainage ways, streets, alleys, sidewalks, other public ways, water supplies and sanitary waste;

(c) Whether sidewalks or other features are provided that assure safe walking conditions for students who walk to and from school;

(d) The physical characteristics of the short subdivision site may result in disapproval because of flood, inundation or swamp conditions. Construction of protective im-provements as a condition of approval may be required;

(e) All other relevant facts to determine whether the public use and interest will be served by the short subdivision.

(2) The public works director and the planning director may:

(a) Approve the preliminary short plat with or without conditions; or

(b) Return the short plat to the applicant for correction or for applicant’s construction of improvements in a manner consistent with the city’s findings; or

(d) Submit the proposed short plat to the planning commission and/or city council for consideration.

(3) A short plat may be approved only if written findings are made that the short plat meets all the requirements of this chapter. (Ord. 1164 § 4, 2004; Ord. 1110 § 2, 2002).

16.35.170 Conditional approvals.

When the approval requires the meeting of conditions, construction of improvements or corrections, or time is necessary for improvements or corrections, or time is necessary for the obtaining of required certifications, then the approval action shall be conditional approval which shall, at the option of the approving body, be conditioned upon fulfillment prior to the final approval of a site development permit or building permit or upon fulfillment within six months. Upon application within the six-month time period and upon good cause shown, the approving body may grant one six-month extension. (Ord. 1110 § 2, 2002).

16.35.180 Final approval and recording.

When the short plat meets all the requirements contained herein and will serve the public use and interest, and the subdivider has provided all of the required documentation and certification, then written approval shall be inscribed upon the face of the short plat. The action approving a short plat shall become effective if, within five working days, the applicant shall have filed for record with the auditor a declaration of short subdivision. The original declaration of short plat upon recording shall be processed in accordance with procedures established regarding plats. (Ord. 1110 § 2, 2002).

16.35.190 Declarations and certifications.

The following declarations and certificates must be obtained prior to final approval of the short subdivision:

(1) A declaration of short subdivision;

(2) The written approval of the public works director and the planning director shall be inscribed on the face of the final short plat;

(3) The inscription of the surveyor, certifying that the map correctly represents a survey made by or under his or her supervision;

(4) If the short plat contains a private road, there shall also be inscribed on the face of the short plat the following language:

Notice: The city of Stanwood has no responsibility to build, improve, maintain or otherwise service the private roads within or providing access to the property described in this short plat.

(Ord. 1110 § 2, 2002).

16.35.200 Treasurer’s certification.

No final short plat shall be filed with the auditor until the treasurer has certified that all delinquent taxes and assessments on the property as of the date of filing have been paid. (Ord. 1110 § 2, 2002).

16.35.210 Redivisions.

Land within a short subdivision approved within the last five years may not be further divided in any manner until a final plat thereof has been approved and filed for record pursuant to the regulations contained herein concerning the subdivision of property into five or more lots, tracts or parcels. Where there have been no sales of any lots in a short subdivision, nothing contained in this chapter and Chapter 16.40 SMC shall prohibit a subdivider from completely withdrawing the entire short plat and thereafter presenting a new application. (Ord. 1110 § 2, 2002).

16.35.220 Zoning effect of final approval.

Any lots in a short subdivision shall be legally conforming, notwithstanding any change in zoning laws, for a period of five years from the effective date of final approval. (Ord. 1110 § 2, 2002).

16.35.230 Appeal.

Any person aggrieved by the final decision of the planning director may appeal the decision pursuant to SMC 17.80.140 and 17.80.160. (Ord. 1110 § 2, 2002).

16.35.240 Revocation procedure.

Prior to the revocation of any approved short plat, notice will be mailed to the subdivider at the address listed on the application form setting a date and time, not less than 15 days nor more than 30 days after date of mailing, where the matter will be considered by the city council. Issuance of or final approvals of any building permits may be withheld until action on the proposed revocation is completed. Appropriate administrative or legal action may be taken after the meeting date provided for herein. If it is determined that such is necessary to prevent imminent sales, legal action may be instituted without notice by the city. (Ord. 1110 § 2, 2002).