Chapter 16.32
SHORT SUBDIVISIONS
Sections:
16.32.010 Information – Accompanying data.
16.32.020 Information required.
16.32.032 Sanitary sewer requirements.
16.32.035 Extension of sanitary sewers.
16.32.037 Minimum ingress/egress easement and pavement widths.
16.32.040 Future development plan.
16.32.055 Inactive applications.
16.32.090 Installation of improvements.
16.32.100 Compliance with approval conditions.
16.32.110 Recordation – Certification.
16.32.120 Other conditions of approval.
16.32.130 Approval of dedications.
16.32.140 Further subdivision.
16.32.005 Definitions.
“City planning official” is defined as the “director of community planning and development” and any other city official or city representative deemed necessary by either the “director of community planning and development” or the mayor. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.010 Information – Accompanying data.
The information and materials to be supplied with the application for a short subdivision are as specified in Chapter 16.08 BMC and BMC 16.32.020. No short subdivision application shall be deemed complete and vested until all of the information and supporting documentation has been submitted as required in BMC 16.32.020(A), and a letter of completion has been received. Additional information may be required by city staff or the city engineer according to BMC 16.32.020(B). (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.020 Information required.
A. The following information pertaining to the short plat must be provided before an application can be deemed complete; all additional information requested as provided for in subsection B of this section must be provided before short plat approval can be obtained; short plats must be prepared by a licensed professional land surveyor licensed in the state of Washington:
1. Legal description of the short plat;
2. Existing zoning classification;
3. A vicinity sketch at a scale of not more than four hundred feet to the inch or smaller;
4. General description of topography, unusual soil conditions, and delineation of all sensitive areas and their buffers, including steep slopes and wetlands, as described in BMC Title 18;
5. Contour lines at five-foot intervals or less if necessary;
6. All land owned by the applicant or in which applicant has an interest that is contiguous to proposed short subdivision;
7. Date, scale, legend and north point. The scale of the short plat shall be forty feet to the inch or greater;
8. The boundary lines of the tract to be subdivided and acreage of the tract;
9. Zoning boundary lines, if any;
10. Name, address, telephone number and official seal of the licensed professional land surveyor;
11. Lot dimensions, lot area (in square feet), building envelopes and number of lots. Lots should be numbered consecutively from one to total number of lots;
12. The location, ownership, width and name, where applicable, of all existing and proposed access drives, streets, public ways, easements, or other rights-of-way and watercourses within the short plat and within two hundred feet of the proposed short subdivision;
13. All parcels of land intended to be dedicated or reserved for public use or reserved in the deed for common use of the owners with the purpose clearly indicated;
14. All existing structures on the short plat, and an indication of whether they will be removed or retained;
15. Location of any existing septic tanks or grinder pumps;
16. The approximate location of each area covered by trees, general identification of trees within the short plat and identification of all significant trees that might be removed, including those that might need to be removed later to avoid having large trees within twenty feet of a building;
17. Plans for disposing of sewage by gravity flow into a municipal sewage system, including the name of the municipal system;
18. Plans for a stormwater management system designed to handle the runoff from the maximum impervious surface area proposed for all lots in the plat, and designed in accordance with the requirements of Chapter 14.04 BMC;
19. A completed SEPA checklist.
B. After the application is deemed complete, the director of community development and planning or city engineer may require further details or any other information on the short plat which is necessary to determine if the proposed short subdivision makes appropriate provision for the public health, safety and welfare. The following additional information must be submitted when requested before short plat approval can be approved:
1. A completed application for a clearing, grading and filling permit, prepared in accordance with the requirements of Chapter 19.24 BMC, that includes any plans for clearing, grading and filling that may be required for the building of houses;
2. Detailed plans for disposing of sewage by gravity flow into a municipal sewage system, including the name of the municipal system;
3. Detailed plans, designs and calculations for a stormwater management system designed to handle the runoff from streets, sidewalks and the maximum impervious surface area proposed for all lots in the plat, and designed in accordance with the requirements of Chapter 14.04 BMC. The applicant shall comply with the requirements of the ordinance or ordinances establishing the drainage code for the city by payment of such fees and preparation of such plans as therein specified to ensure adequate percolation and drainage of the area proposed to be platted;
4. A layout of a proposed water distribution system;
5. Copies of all existing or proposed easement agreements affecting the proposed plat;
6. Complete applications for all variances for any aspects of the proposal that do not comply with city ordinances;
7. Documentation of fire department requirements for fire hydrant placement, driveway turnarounds, or other fire control provisions.
C. No short subdivision application shall be deemed complete until all of the information and supporting documentation required in subsection A of this section have been submitted. Any application containing inaccurate or misleading information shall be deemed incomplete and returned to the applicant. Any application involving land, on which there has been substantial noncompliance with land use development ordinances, as described in BMC 16.12.060, shall be returned to the applicant. Determination that an application is complete does not in any way imply final approval may be granted. All concepts and designs submitted during the short plat review process shall be considered proposals and are subject to review and further changes throughout the review process. (Ord. 430 § 2(Exh. B)(part), 2016: Ord. 352 § 4, 2007; Ord. 335 § 1(Exh. A)(part), 2006)
16.32.032 Sanitary sewer requirements.
All lots created by the short subdivision process must be served by a gravity flow municipal sewage system. The use of grinder pumps is not allowed. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.035 Extension of sanitary sewers.
Upon receipt of the application, the city engineer shall conduct a review of the proposed short subdivision to determine if requirements to extend sewer and/or sewer easements to neighboring properties would be necessary. Based on the city engineer’s recommendation, the director of community development and planning may, in the public interest, require extension of sewer and/or sewer easements to neighboring properties, and shall specify what sewer extension and/or easements shall be required as a condition of approval. The intent of this section is to permit latitude in requiring construction of sewer extension where the requirement would be excessive for the proposed subdivision. The city may share a portion of additional expenses for extra manholes, catch basins, oversizing or increasing the depth of a sewer in order to accomplish the purpose of this section. All easements will be granted to the city. The project proponent shall be reimbursed for construction and extension benefiting neighboring properties in accordance with state law and city ordinance governing developer extension agreements and including payment to the city for administration costs. (Ord. 430 § 2(Exh. B)(part), 2016: Ord. 335 § 1(Exh. A)(part), 2006)
16.32.037 Minimum ingress/egress easement and pavement widths.
Minimum easement widths and paving for private access roads shall be as follows:
A. For ingress/egress easements serving one lot, a twenty-foot-wide easement with a minimum of twelve feet of paving is required.
B. For ingress/egress easements serving two lots, a twenty-foot-wide easement with a minimum of twelve feet of paving is required.
C. For ingress/egress easements serving three or more lots, a thirty-foot-wide easement with a minimum of twenty feet of paving is required. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.040 Future development plan.
When a short subdivision is designed with lot sizes capable of further subdivision, the project applicant shall be required to submit a future development plan depicting that adequate provision has been made in the proposed short subdivision for the future needs for access, utilities, compliance with the appropriate plans of the city and the other criteria as set forth in Chapter 16.16 BMC. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.050 Review procedures.
A. The applicant shall first meet with city planning officials in a preapplication conference to discuss the proposed plans and review city requirements and concerns.
B. The applicant next submits a project application that includes the information outlined in BMC 16.32.020(A), a sketch of the proposed project, a list of names, addresses and zip codes of all adjacent property owners as defined in BMC 16.04.030, or their representatives, and pay the required fees.
C. The city clerk shall assign a short subdivision number to the project, transmit one copy of the application, the SEPA checklist, and proposed short plat to the director of community development and planning, retain at least one copy for the file, post public notices of the project on the site and at the official posting locations of the city, and send notices of the project to the neighboring residents and property owners.
D. Notice of proposed land use in the required form shall be posted in two locations on the property in clear view from the right-of-way. Signs shall be placed by the city and it shall be the responsibility of the applicant to maintain the signs until relieved by the city. Copies of the notice shall be posted at official posting locations of the city within three days of application acceptance by the city. Notices shall be sent to adjacent property owners within three hundred feet of the proposed short subdivision by using the preaddressed stamped envelopes provided by the project applicant and shall be deposited in the United States Mail within three days of application acceptance by the city.
E. Public notices and the notices sent to the neighboring residents and property owners shall include:
1. A description of the project;
2. A statement that the decision regarding the final approval of the project is scheduled to be made by the director of community development and planning on a given date;
3. A statement that all written comments concerning the project must be received by the city by a specified date that is fourteen days after acceptance of application;
4. A description of the appeal process as outlined in city ordinances and associated timelines; and
5. A statement that a set of plans and description of the project will be available for public review at City Hall within three days of acceptance of this application.
F. City planning officials shall review the application and notify the applicant, within twenty-eight days after receiving the application, whether or not the application is complete and, if not, what additional information is required.
G. If additional information is necessary to make the application complete, city planning officials shall review the additional information when it is provided and provide another written determination, within fourteen days of receiving the additional information, to the applicant, stating whether or not the application is complete.
H. City planning officials, the city engineer, and a SEPA official, as appropriate, may inspect the site.
I. City planning officials shall review the application to determine if the proposed short subdivision conforms to the general and design criteria set forth in Chapter 16.16 BMC. If, based on those criteria, it is the opinion of the director of community development and planning that it is not in the public interest to require installation of complete improvements as otherwise required by Chapter 16.16 BMC, the director shall specify what improvements shall be required to be made as a condition of approval in order to accomplish the purpose of this section. It is the intent of this section to permit latitude in determining whether requiring full improvements would be excessive for the proposed short subdivision. Full improvements may be required to ensure adequate provisions if future subdivision could result in five or more lots total. Contiguous properties may also be considered when determining the potential total number of lots.
J. The director of community development and planning, in consultation with the city engineer and SEPA official, shall submit a report to the applicant that gives his assessment of the proposed project, together with a list of all required improvements and/or dedications, and requests any additional information that is deemed necessary.
K. The director of community development and planning shall obtain written approval or disapproval of all engineering calculations and designs from the city engineer and obtain a SEPA review, if required, from the SEPA official.
L. The applicant shall submit all of the information requested by the director of community development and city engineer deemed necessary to satisfy all ordinance requirements.
M. The director of community development and planning shall review all information provided and, after all requests for additional information have been satisfied, and within thirty days of the date that the application was deemed complete, not counting the time required for the applicant to provide additional information requested, make the decision to approve or disapprove the project, and provide written findings to support the decision. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.055 Inactive applications.
If at any time in the review process the applicant fails to provide information requested by the city engineer, planning commission or city council in a timely manner, the application shall be considered invalid, thus requiring a new application and fee. The director shall, prior to declaring an application lapsed, send at least one letter, by regular and certified mail, clearly stating if the requested information is not received within thirty days of the date of issuance of the letter, the application will be deemed lapsed and a new application and fees required. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.090 Installation of improvements.
Installation of both on-site and off-site improvements may be required in order to ensure improved access and adequate utilities. If such improvements are required to be installed, the project applicant shall meet the requirements set forth in BMC 16.24.050. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.100 Compliance with approval conditions.
All conditions for approval shall be met by the applicant and the plat recorded within five years from the date project approval was granted. No extensions shall be granted. If not recorded as specified, the short subdivision plat shall be deemed lapsed. Sale, lease or transfer of land while a short plat application is pending shall bind any successor in interest to the same terms and conditions of approval. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.110 Recordation – Certification.
Short subdivisions shall be recorded as a short plat with the Snohomish County auditor and shall not be deemed approved until so filed and shall contain a certification setting forth the following:
A. A full and correct description of the lands divided as they appear on the short plat;
B. The dedication of all streets and other areas to the public, and others as shown on the short plat;
C. Shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided;
D. Shall be accompanied by a title report confirming that the title of the lands as described and shown on said short plat is in the name of the owners signing the certificate;
E. A waiver of right of direct access to any street from any property, if required;
F. All dedications, including access roads, utilities or other easements, shall be shown on the face of said short plat, which shall thereupon be considered as a quitclaim deed to the donee or donees, grantee or grantees for his, her or their use for the purposes intended;
G. As a condition for approval, said short plats requiring a dedication shall be required to be surveyed by a licensed professional land surveyor and monuments placed on the site. As a further condition of approval the city may require a survey and/or monumentation of the lots created by the short subdivision if deemed necessary by the city engineer; and
H. The city engineer may require that the agreement and waiver be placed upon the face of the short plat as set forth in BMC 16.24.120(C). The project applicant shall furnish the city with the mylars, necessary fees, and all other pertinent information and documents for recording the plat. Upon satisfactory review by staff and upon affixed signatures the city shall record the plat with the county auditor’s office and obtain four copies of the recorded plat. The city shall retain the original mylars and one copy and transmit three copies to the project applicant. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.120 Other conditions of approval.
Any other conditions of approval shall be set forth in writing as a covenant running with the land and shall be granted by the owners of the property as grantors and, where appropriate, to the city as a grantee, and shall be recorded by the city at the applicant’s expense. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.130 Approval of dedications.
When a dedication is required in a short subdivision, acceptance of said dedication by the city council shall be obtained prior to the recording of the final short plat. The city clerk shall place the short subdivision dedication on the next public hearing agenda of the city council and shall notify the applicant and all other persons who leave their names and addresses with the city clerk of the date of the hearing before the city council. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.140 Further subdivision.
Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat, except when the short plat contains fewer than four parcels, provided nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. (Ord. 335 § 1(Exh. A)(part), 2006)
16.32.150 Appeals.
Any final decision by the director of community development and planning regarding the approval or disapproval of a short subdivision may be appealed to the city council. The appeal must be made in writing within ten days after the final decision is made public, in accordance with Chapter 1.20 BMC. The city council may hear the appeal, or may appoint a hearing examiner to hear the appeal. An appeal by someone other than the applicant shall be limited to a person with standing and the appeal hearing shall be considered the sole open record hearing allowed under this chapter. (Ord. 335 § 1(Exh. A)(part), 2006)