Chapter 18.08
SHORT SUBDIVISIONS
Sections:
18.08.040 Improvements required.
18.08.050 Building permits restricted.
18.08.060 Resubdivision restricted.
18.08.070 Chapter inapplicable – When.
18.08.080 References to the Revised Code of Washington.
18.08.010 Approval required.
Any action which will result in a short subdivision of any lot, tract, parcel or plot of land for any reason whatsoever shall be subject to approval by the Administrator and shall be processed as a Class II action pursuant to Chapter 16.01 EMC. Approval shall be based on the standards and conditions herein set forth. [Ord. 501 § 31, 1996; Ord. 420 § 1, 1991; Ord. 204 § 18.12.000, 1974.]
18.08.020 Approval procedure.
A. All short subdivisions shall be submitted to the Administrator for review and approval. Preliminary approval, with or without specified alterations, or disapproval shall be issued by the Administrator within 30 days of the date of issuance of a determination of completeness under EMC 16.01.090 unless the applicant consents to a time extension. Said time period shall exclude those times when the City is waiting to receive additional, requested information from the applicant.
B. An application for approval of a short subdivision shall be made on the forms and in the manner provided by resolution or policy duly adopted from time to time by the City Council. The fee scheduled in the City’s current master fee schedule adopted by resolution of the City Council shall accompany the application.
C. In the event the proposed subdivision will result in lots smaller than required by the zoning ordinance, a variance application may be submitted and the City Council may nevertheless approve the short subdivision if the resulting new lots are larger than those previously existing.
D. Land which the Administrator has found to be unsuitable due to flooding, bad drainage or swamp conditions likely to be harmful to the safety, welfare and general health of future residents, and the Administrator considers inappropriate for development, shall not be subdivided unless adequate means of control have been formulated by the subdivider and appraised by the City Engineer.
E. In the event the land to be subdivided has a slope or slopes of more than 20 percent and/or has rock or unstable soil conditions, the subdivider shall furnish soil data to the City Engineer. If conditions warrant control measures to correct slide, erosion or other similar problems, the subdivider shall be responsible for the design, installation and expense of any device or corrective measure, subject to approval of the City Engineer.
F. Final approval of a short subdivision shall be provided once all required improvements have been completed and all conditions established through preliminary approval have been satisfied. The subdivider shall provide two sets of mylar maps of the short subdivision to be reviewed and signed by the Administrator prior to being recorded with the Whatcom County Auditor. Following recording, the subdivider shall provide the City with one fully executed and recorded copy of the mylar map. [Ord. 842 § 2, 2023; Ord. 783 § 5, 2017; Ord. 501 § 32, 1996; Ord. 420 § 12, 1991; Ord. 204 § 18.12.010, 1974.]
18.08.030 Design standards.
A. Except as allowed pursuant to subsections (B) and (C) of this section, all lots created by a short subdivision shall abut upon a dedicated or deeded street and such street shall have no less than 60 feet of right-of-way width if a through street, or 50 feet of width if a cul-de-sac; in the event the abutting street does not meet these minimum width standards, additional right-of-way shall be required prior to approval of a short subdivision. The City Council may grant a variance from the right-of-way width requirement upon finding that such additional right-of-way will not be necessary for the future traffic circulation of the City.
Short subdivisions shall be surveyed, monumented, and recorded with the County Auditor. Said monumentation shall include all lot corners and the centerline of the right-of-way.
B. Except as allowed pursuant to subsection C of this section, all lots created by a short subdivision shall meet the design standards specified in Chapter 18.16 EMC. However, the City Council may grant a variance and approve a division of land less than the required standards provided such division of property results in better lot designs than previously existed. Better lot design is defined as meaning such items as larger in area, more practical site because of topography or nearer to conformance to required standards. Pipe stem lots shall not be approved unless the proposed lots have a minimum of 20 feet of frontage onto a dedicated City right-of-way and the minimum lot width standards are met at the building setback line.
C. Where the Administrator finds unusual site conditions that make it difficult to create lots fronting onto a City right-of-way, up to a maximum of two residential lots may be approved that do not abut a City street; provided, that such lots shall be accessed by way of a private driveway constructed within a private access and utility easement.
D. A private driveway serving two or fewer lots shall be located within a private easement having a minimum width of 20 feet, and said driveway shall have a minimum paved width of 16 feet. A private driveway serving three or more lots shall be located within a private easement having a minimum width of 25 feet, and said driveway shall have a minimum paved width of 20 feet. The Administrator may require increased easement and paving widths to meet emergency turn-around standards and ensure safe ingress and egress. All driveways shall be constructed per City development standards. [Ord. 783 § 6, 2017; Ord. 501 § 33, 1996; Ord. 420 § 3, 1991; Ord. 204 § 18.12.020, 1974.]
18.08.040 Improvements required.
A. Prior to final approval of any short subdivision, the following improvements shall have been made or installed for each parcel created by the division of land:
1. City water extended to each lot, including installation of meter box and meter setter, and fire hydrants meeting minimum fire flow standards installed at locations determined to be necessary to serve the development.
2. Sanitary sewer extended to each lot or Health Department approval of septic tanks where recommended by the Utilities Superintendent based on unique circumstances limiting availability of or access to the City sanitary sewer system.
3. Appropriate dedications or easements made if required.
4. At any time the principal frontage street providing access to a newly created lot is below the standard for an “existing street” the installation of a street shall be required prior to approval of a short subdivision. The newly installed streets shall have a minimum traveled way brought to line and grade of no less than 20 feet of width with four-foot shoulders on each side. The surface shall be at least of asphaltic concrete quality and there shall be adequate provision for storm drainage per City development standards. In addition, the applicant will be required to sign a commitment to support a local improvement district (LID) for the installation of a full standard street.
5. Sidewalks shall be installed on both sides of each newly created street and along the property frontage on an abutting street. The minimum sidewalk width shall be five feet. The sidewalks shall be required on dead ends and around cul-de-sacs, but this requirement may be waived or modified on private, shared-access driveways.
6. Newly created streets shall be constructed to meet City standards.
7. Storm water management facilities shall be installed to meet City standards.
8. Street lighting shall be installed as approved by the Utilities Superintendent.
9. Emergency turn-around area meeting City standards shall be installed as approved by the Utilities Superintendent.
B. Performance bonds or equivalent security may be accepted in lieu of installation of the required improvements subject to approval of the Public Works Director and City Attorney. Required improvements addressed through a performance bond or other form of security shall be completed within a one-year period unless a longer time frame is approved by the Public Works Director. The subdivider shall bear all costs incurred by the City in establishing an alternative form of security. [Ord. 783 § 7, 2017; Ord. 501 § 34, 1996; Ord. 420 § 4, 1991; Ord. 388 § 1, 1989; Ord. 204 § 18.12.030, 1974.]
18.08.050 Building permits restricted.
No building permit shall be issued for construction of any kind unless:
A. Such lot was of record prior to July 1, 1974; or
B. Such lot is a division of a recorded subdivision; or
C. Such lot was created with approval of the City in accordance with Ordinance 204; or
D. Such lot was created in compliance with the provisions of this chapter.
It shall be the responsibility of the property owner to establish the status of the lot as it pertains to the above. [Ord. 298 § 7, 1984; Ord. 204 § 18.12.040, 1974.]
18.08.060 Resubdivision restricted.
Any short subdivision, or land involved in a short subdivision, shall not be resubdivided to create a total of more than four lots or parcels within the originally subdivided property for a period of five years from the date of approval of the short subdivision without the submission and approval of an application for a long subdivision and recording of a final plat done in accordance with this title. [Ord. 783 § 8, 2017; Ord. 204 § 18.12.050, 1974.]
18.08.070 Chapter inapplicable – When.
A. The following section of the Revised Code of Washington, as presently constituted or hereinafter amended, is adopted by reference, except as expressly provided herein:
RCW
58.17.040 Chapter inapplicable, when.
B. The provisions of this chapter shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Reserved;
3. Divisions made by testamentary provisions, or the laws of descent;
4. Divisions of land into lots or tracts classified for industrial or commercial use when the City has approved a binding site plan for the use of the land in accordance with local regulations;
5. A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land when the City has approved a binding site plan for the use of the land in accordance with local regulations;
6. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
7. Divisions of land into lots or tracts if:
a. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
b. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest;
c. The City has approved the binding site plan for all such land;
d. Such approved binding site plan is recorded in the county or counties in which such land is located; and
e. The binding site plan contains thereon the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the City having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.
The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a City:
i. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or
ii. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
iii. If not approved pursuant to subsection (7)(e)(i) and (ii) of this section, then pursuant to such other procedures as such City may have established for the approval of a binding site plan;
8. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any Federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
9. Reserved. [Ord. 678 § 8, 2008.]
18.08.080 References to the Revised Code of Washington.
References to the Revised Code of Washington (RCW) incorporate, by reference, such sections of the RCW now in effect or as subsequently amended including, but not limited to, any applicable definitions section associated with such sections. [Ord. 678 § 8, 2008.]