Chapter 16.03
SHORT SUBDIVISIONS
Sections:
16.03.020 Scope and redivision of a short plat.
16.03.030 Notice requirements.
16.03.040 Application submittal, filing procedure, and fee.
16.03.070 Modifications to an approved short subdivision.
16.03.080 Preparation of a final short plat.
16.03.090 Accompanying documents for a final short subdivision.
16.03.100 Final short subdivision application.
16.03.110 Final short plat approval.
16.03.115 Time limitation on final short subdivision submittal.
16.03.120 Performance under conditional approval.
16.03.130 Distribution of copies and filing of short subdivision.
16.03.140 Transfer of ownership following short subdivision approval.
16.03.150 Accumulative short subdivisions.
16.03.010 Purpose.
The procedures regulating short subdivisions are established to promote orderly and efficient division of lots and to comply with the provisions of Chapter 58.17 RCW and all applicable codes and ordinances, as adopted by the city of Edgewood. (Ord. 06-269 § 2 (Exh. A)).
16.03.020 Scope and redivision of a short plat.
Any land being divided into six or fewer lots, tracts, parcels, sites or divisions, and which has not been divided by a short subdivision within the previous five years, may be processed in accordance with the provisions of this chapter. Land within a short subdivision shall not be further divided in any manner within a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an amendment within the five-year period to create up to a total of four lots within the original short subdivision boundaries. (Ord. 06-269 § 2 (Exh. A)).
16.03.030 Notice requirements.
In addition to the notice requirements prescribed in Chapter 18.40 EMC, mailed notice shall be sent to property owners consistent with the requirements set forth in EMC 16.01.080. (Ord. 06-269 § 2 (Exh. A)).
16.03.040 Application submittal, filing procedure, and fee.
The following information is required for short subdivision applications:
A. The application shall be submitted to the city on forms to be provided by the city and include the following:
1. The appropriate fees as set forth in the city of Edgewood fee schedule shall accompany the application.
2. Evidence regarding availability of adequate sanitary sewer disposal. Approval from the Tacoma-Pierce County health department as prescribed in EMC 16.01.120 is required if septic systems are utilized.
3. Evidence of water availability from the water purveyor providing service to the property.
4. Other information requested pursuant to EMC 18.40.140, Project permit applications.
B. A vicinity map sufficient to define the location and boundaries of the proposed short subdivision with respect to surrounding property, streets, and other major manmade and natural features. This may be included on the drawing of the preliminary short plat.
C. At least one original drawing, eight copies, and one eight-and-one-half-inch by 11-inch copy containing the following information:
1. Drawn to scale with accurate dimensions at no less than one inch equals 100 feet and the scale shall be shown on the drawing;
2. A numeric scale, graphic scale, true north point, and date of preparation;
3. All existing property lines lying within the proposed plat including those to be vacated, those within 100 feet of the subject property and those within 100 feet of adjacent lots under the same ownership as the property being subdivided;
4. The location, right-of-way widths, pavement widths and names of all existing or platted streets and other public ways within, or adjacent to, the proposed short subdivision;
5. The location, widths and purposes of any existing easements lying within, or adjacent to, the proposed short subdivision;
6. The location and size of existing sanitary sewer, storm sewer and water lines lying within, or adjacent to, the proposed short subdivision;
7. The location of existing sections and municipal corporation boundary lines and tribal boundaries lying within, or adjacent to, the proposed short subdivision;
8. The approximate location of any critical areas as prescribed in EMC Title 14 and critical area tracts;
9. The location of any well used for domestic water supply existing within the proposed short subdivision, or within 100 feet of the boundaries of the proposed short subdivision;
10. Existing contour lines at intervals of two feet elevation when average slopes exceed 10 percent;
11. The location of any existing structures lying within the proposed short subdivisions;
12. The boundaries and approximate dimensions of all proposed lots, the area of each proposed lot, and the proposed identifying number or letter to be assigned to each lot and/or block;
13. The right-of-way location and width, the proposed name of each street, alley or other public way to be created and, where final street grades are likely to exceed 10 percent, the estimated tentative grades of such streets. Where roadways may exceed the maximum grade or alignment, the city engineer may require sufficient data, including centerline profiles and cross-sections if necessary, to determine the feasibility of said roadway;
14. The location, width and purpose of each easement to be created;
15. The boundaries, dimensions and area of public and common park and open space areas;
16. Identification of all areas proposed to be dedicated for public use, together with the purpose and any condition of dedication; and
17. The building envelope shall be indicated for each lot.
D. An electronic copy of the preliminary short plat in a format approved by the public works director is required. (Ord. 23-652 § 43 (Exh. A); Ord. 06-269 § 2 (Exh. A)).
16.03.050 Application review.
Short subdivision review, posting requirements, notice of application, determination of completeness, department review, and appeal shall be subject to the procedures for a Process II administrative action as prescribed in EMC 18.40.090. (Ord. 06-269 § 2 (Exh. A)).
16.03.060 Approval criteria.
Short subdivisions shall be given preliminary approval upon findings by the director that all of the following have been satisfied:
A. The proposed short subdivision conforms to:
1. The Edgewood comprehensive plan;
2. Development standards in EMC Title 18;
3. Critical areas regulations in EMC Title 14; and
4. Any other applicable codes, ordinances, standards, policies or plans adopted by the city.
B. Appropriate provisions are made for, but not limited to, the public health, safety, and general welfare for open spaces, drainage ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds;
C. The proposed short subdivision is in conformity with applicable zoning requirements and other land use controls which may exist at the time of a completed application;
D. Appropriate provisions are made for access to public roads, streets or roads, alleys, transit stops and other public ways;
E. All other relevant facts are considered, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and
F. The short subdivision and any dedications serve the public interest. (Ord. 06-269 § 2 (Exh. A)).
16.03.070 Modifications to an approved short subdivision.
A. Minor modifications to an approved short subdivision which has not been recorded may be requested by the applicant and approved by the director subject to the provisions for a Process I administrative approval prescribed in EMC 18.40.080. The director shall find that the following exist before approving such amendment:
1. The modification will not be inconsistent or cause the short subdivision to be inconsistent with the findings, conclusions, or approval of the original short subdivision;
2. The modification will not cause the short subdivision to violate any applicable city policy, ordinance, or regulation;
3. The intent of the short subdivision’s original conditions is not altered; and
4. The modification does not create additional lots, or involve significant relocation of streets.
B. Modifications that exceed the criteria above shall be processed as a new short or full subdivision application. (Ord. 06-269 § 2 (Exh. A)).
16.03.080 Preparation of a final short plat.
The final short plat shall be prepared in accordance with the following requirements:
A. The final short plat shall be prepared by a land surveyor licensed by the state of Washington, or a Washington State licensed engineer, as prescribed in EMC 16.01.150.
B. All signatures or certifications appearing on a final short plat shall be in reproducible black ink.
C. The final short plat shall be an original that is legibly drawn in black ink on Mylar and is suitable for producing legible prints through scanning, microfilming or other standard copying procedures. The short plat shall measure 18 inches by 24 inches and include the following:
1. It shall be drawn to scale at no less than one inch to 100 feet and the scale shall be shown on the drawing.
2. It shall include the date, title, name and location of the short subdivision, graphic scale and true north point.
3. It shall contain a complete legal description of the lands being divided.
4. It shall show the location of all existing fences and structures that identify lot lines.
5. It shall show the location of any critical areas on the property.
6. It shall show the location of utilities, streets and easements within or abutting the short plat.
7. It shall display the lines of all streets and roads, alley lines, lot lines, lots and blocks numbered in numerical order, reservations, easements, and any areas to be dedicated to public use, with notes stating their purpose and any limitations.
8. It shall contain sufficient data to determine readily and reproduce on the ground the location, bearing, and length of every street, easement line, lot line, boundary line and block line on-site.
9. It shall include all dimensions.
10. It shall contain existing contour lines at intervals of two feet elevation when average slopes exceed 10 percent.
11. It shall show the location of all interior permanent control monuments.
12. It shall include a statement that the short subdivision has been made with the free consent and in accordance with the desires of the owner(s).
13. If the short plat includes a dedication, the following statements shall be included:
a. The dedication of all streets and other areas to the public, any individual or individuals, religious society or societies, or to any corporation, public or private, as shown on the short plat; and
b. A waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road;
c. Said statements shall be signed and acknowledged before a notary public by all parties having any interest in the lands subdivided.
14. It shall include addressing of the individual lots.
15. It shall contain the certificates set forth in EMC 16.01.160.
16. It shall include other information requested during the preliminary approval. (Ord. 06-269 § 2 (Exh. A)).
16.03.090 Accompanying documents for a final short subdivision.
A. In cases where any protective deed covenants or homeowners’ association contracts or agreements will apply to lots or parcels within a short subdivision, a typewritten or printed copy of such covenants and contracts or agreements shall be submitted along with the final short plat and recorded against all lots in the short subdivision.
B. The final short subdivision shall be accompanied by a complete survey of the section or sections in which the short subdivision is located, or as much thereof as may be necessary to properly orient the short subdivision within such section or sections. The short subdivision and section survey shall be submitted with complete field and computation notes, showing the original or reestablished corners, with the descriptions of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.
C. The final short subdivision shall be accompanied by a plat certification dated within 30 days of the submission of the final short plat containing:
1. The legal description of the total parcel sought to be subdivided;
2. Those individuals or corporations holding an ownership interest in said parcel;
3. Any lands to be dedicated shall be confirmed as being in the name of the owners signing the dedication certificate; and
4. Any easements or restrictions affecting the property to be subdivided with a description of purpose and referenced by the auditor’s file number and/or recording number. If lands are to be dedicated or conveyed to the city as part of the short subdivision, the public works director may require an American Land Title Association (ALTA) title policy.
D. The final short subdivision shall be accompanied by lot closures.
E. Homeowners’ associations contracts/agreements regarding privately maintained utilities must be approved by the city of Edgewood and, following recordation, a copy of the recorded document must be sent to the city. (Ord. 06-269 § 2 (Exh. A)).
16.03.100 Final short subdivision application.
Applications for final short subdivision approval shall be made on forms provided by the city along with the required fee as set forth in the city of Edgewood fee schedule and include the following:
A. Six non-Mylar copies of the final plat prepared in accordance with EMC 16.04.130, Chapter 58.09 RCW, Chapter 332-130 WAC and any applicable conditions granting preliminary approval of the final short plat; and
B. Accompanying documents as prescribed in EMC 16.03.090. (Ord. 23-652 § 44 (Exh. A); Ord. 06-269 § 2 (Exh. A)).
16.03.110 Final short plat approval.
After the city has reviewed the application for a final short subdivision and found the final short plat to be in compliance with all applicable codes and conditions of approval, the applicant shall have a Mylar copy prepared of the final short plat and submit it to the city. The applicant shall be responsible for obtaining the required signatures prior to submitting the Mylar for the director and city engineer’s approval. (Ord. 06-269 § 2 (Exh. A)).
16.03.115 Time limitation on final short subdivision submittal.
A final short subdivision meeting all conditions of approval and local and state requirements shall be submitted to the city within five years of the date of the preliminary short subdivision approval, or the preliminary approval shall expire and become null and void except as specifically provided for in accordance with Chapter 58.17 RCW. (Ord. 16-462 § 2).
16.03.120 Performance under conditional approval.
Where a short subdivision is approved subject to conditions, no building permit shall be issued for property subject to the short subdivision prior to final inspection and approvals of any required improvements or until required conditions have been met. (Ord. 06-269 § 2 (Exh. A)).
16.03.130 Distribution of copies and filing of short subdivision.
Once the required city departments have approved the short subdivision and executed their approval in accordance with the requirements of this chapter, the director shall return the original Mylar drawing to the applicant for recording with the auditor. After recording the final short plat, the applicant shall submit two reproducible copies of the short plat with the recording number to the city. The Mylar drawing with the recording number shall also be submitted to the city in an electronic format approved by the city engineer. (Ord. 06-269 § 2 (Exh. A)).
16.03.140 Transfer of ownership following short subdivision approval.
Whenever a short subdivision application is granted approval, no person, firm, or corporation shall sell or transfer any such lot, tract, or parcel until after recording the approved final short plat with the auditor. (Ord. 06-269 § 2 (Exh. A)).
16.03.150 Accumulative short subdivisions.
Piggyback, accumulative short plats, and other proposed means of segregation used to avoid the requirements of a full subdivision are prohibited and violate the provisions of this title. (Ord. 06-269 § 2 (Exh. A)).