Chapter 22.20
SHORT SUBDIVISIONS
Sections:
22.20.010 Purpose.
22.20.015 Applicable process.
22.20.020 Further division.
22.20.025 Minor modifications.
22.20.030 Proposal requiring approval through process IIA, IIB or III.
22.20.035 Injunctive action to restrain subdivision, sale, transfer of land where short plat not filed—Violations—Penalties.
22.20.040 Application—Time limit.
22.20.050 Application—Contents.
22.20.070 Application—Distribution—Water and sewer service.
22.20.140 Planning director’s decision—Criteria.
22.20.170 Planning director’s decision—Dedication of land or easements.
22.20.245 Appeal to city council—When.
22.20.270 Staff report on appeal—Distribution.
22.20.340 Public hearing—Decision—Final.
22.20.355 Short plat approval.
22.20.360 Short plat documents—Signing.
22.20.362 Short plat documents—Certification.
22.20.364 Short plat documents—Filing materials.
22.20.366 Short plat documents—Monumentation.
22.20.370 Short plat documents—Recordation—Time limit.
22.20.380 Short plat documents—Recordation—Dedications and restrictions.
22.20.390 Short plat documents—Recordation—Improvements.
22.20.400 Approval not in effect until appeal time has expired.
22.20.010 Purpose.
The provisions of this chapter describe the procedure that the city will use to review and decide upon proposed short subdivision. Please refer to Chapters 22.28 and 22.32 for the substantive requirements that apply to short subdivisions. For properties within the jurisdiction of the Shoreline Management Act, see Chapter 83 KZC. (Ord. 4253 § 1 (Att. A) (part), 2010: Ord. 3705 § 2 (part), 1999)
22.20.015 Applicable process.
Except as otherwise provided in the chapter, the city will use process I described in Chapter 145 KZC to review and decide upon a proposed short subdivision. (Ord. 3705 § 2 (part), 1999)
22.20.020 Further division.
A lot that is created by a short subdivision shall not be further divided by short subdivision for a period of five years; except, that when the short plat contains fewer than nine lots, 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 nine lots, within the original short plat boundaries. Any further divisions within said five-year period must be processed under the provisions of Chapters 22.12 and 22.16. (Ord. 3705 § 2 (part), 1999)
22.20.025 Minor modifications.
(a) Modifications to short subdivisions after approval shall require a new short subdivision application pursuant to this chapter unless such modifications constitute minor modifications under the following criteria:
(1) The modification complies with all of the requirements of this chapter; and
(2) The modification does not involve the alteration or vacation of city easements, roads, or city-owned lands; and
(3) The planning director determines that there will not be substantial changes in the impacts on the neighborhood or the city as a result of the change; and
(4) The modification will not increase the number of lots; and
(5) The modification will not significantly alter any condition of approval.
The consideration of the minor modification shall be made upon written request to the planning and building department. The planning and building director’s decision will be the final decision of the city.
(b) If a minor modification is approved after recording, the revised mylar shall meet the standards specified in WAC 332-130-050 regarding survey maps. (Ord. 4491 § 3 (part), 2015; Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)
22.20.030 Proposal requiring approval through process IIA, IIB or III.
If a proposed short subdivision is part of a proposal or development that also requires approval through Chapter 150 or 152 KZC, the entire proposal will be decided upon using that other process. (Ord. 3705 § 2 (part), 1999)
22.20.035 Injunctive action to restrain subdivision, sale, transfer of land where short plat not filed—Violations—Penalties.
(a) Whenever any parcel of land is divided into nine or fewer lots, tracts, or parcels of land and any person, firm or corporation, or any agent of any of them, sells or transfers any such lot, tract, or parcel without having a short plat of such subdivision filed for record, the city attorney shall commence an action to restrain and enjoin further subdivisions, sales or transfers and compel compliance with all provisions of this chapter. The costs of such action shall be taxed against the person, firm, corporation, or agent selling or transferring the property.
(b) Any person, firm, corporation or association, or any agent of any person, firm, corporation or association, who violates any provision of this chapter relating to the sale or transfer of any lot, tract, or parcel of land shall be guilty of a gross misdemeanor, and each sale or transfer of each separate lot, tract or parcel of land in violation of any provision of this chapter shall be deemed a separate and distinct offense. (Ord. 3705 § 2 (part), 1999)
22.20.040 Application—Time limit.
Short plats shall be approved, disapproved or returned to the owner within thirty calendar days from the date of filing of a complete application as defined in Title 20, this title, and Chapter 145 KZC unless the owner consents in writing to an extension of such time period. (Ord. 3705 § 2 (part), 1999)
22.20.050 Application—Contents.
The applicant may apply for a short subdivision by submitting information to the planning and building department on the forms provided by that department. The planning and building department is hereby authorized to maintain a list of the application requirements. The list shall incorporate, at a minimum:
(a) The requirements of state law regarding short plats;
(b) The filing fee as established by ordinance;
(c) All information required under the State Environmental Policy Act, Chapter 43.21C RCW, and the administrative guidelines and local ordinance adopted to implement it;
(d) Any additional pertinent information necessary for adequate review of the application. (Ord. 4491 § 3 (part), 2015; Ord. 4122 § 1 (part), 2008: Ord. 4011 § 1, 2005: Ord. 3705 § 2 (part), 1999)
22.20.070 Application—Distribution—Water and sewer service.
Upon receipt of a short plat application, the planning and building department shall, in addition to all interested city departments, send a copy of the application to the authorities and agencies reviewing or furnishing water service and sanitary sewer service to the proposed short plat. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.20.140 Planning director’s decision—Criteria.
In addition to the decisional criteria identified in KZC 145.45(2), the planning director may approve the short subdivision only if:
(a) There are adequate provisions for open spaces, drainageways, rights-of-way, easements, transit stops, water supplies, sanitary waste, power service, parks, playgrounds and schools, including sidewalks and other planning features that assure safe walking routes to and from schools; and
(b) It will serve the public use and interest and is consistent with the public health, safety and welfare. The planning director shall be guided by the policy and standards and may exercise the powers and authority set forth in Chapter 58.17 RCW. (Ord. 4750 § 14, 2021; Ord. 3705 § 2 (part), 1999)
22.20.170 Planning director’s decision—Dedication of land or easements.
The planning director may require dedication of land or easements for right-of-way, utility or other public purposes. (Ord. 3705 § 2 (part), 1999)
22.20.245 Appeal to city council—When.
(a) The city council will decide an appeal of the planning director’s decision on a short subdivision when the proposed short plat included a request for modification using the provisions of Chapter 22.24 for “innovative or unusual plats.”
(b) In the above circumstances, this section will govern the procedure for decision on appeal of the planning director’s decision on a short subdivision. Such appeals will be heard and decided by the city council rather than by the hearing examiner. The procedures set forth in KZC 145.60 through 145.110 will still apply to the appeal; except, that whenever the term “hearing examiner” appears in those sections, the term “city council” will be substituted. (Ord. 4750 § 15, 2021; Ord. 4122 § 1 (part), 2008: Ord. 3705 § 2 (part), 1999)
22.20.270 Staff report on appeal—Distribution.
In the event of an appeal to the city council as provided for in Section 22.20.245, the planning and building department shall distribute copies of the staff report as follows: to the city council prior to the hearing. (Ord. 4491 § 3 (part), 2015; Ord. 3705 § 2 (part), 1999)
22.20.340 Public hearing—Decision—Final.
The decision by the hearing examiner is the final decision of the city. (Ord. 4750 § 16, 2021; Ord. 3705 § 2 (part), 1999)
22.20.355 Short plat approval.
Short plats shall be approved, disapproved or returned to the owner within thirty calendar days following the date of filing of a complete application unless the time frame for processing the short plat is extended pursuant to Chapter 20.12. (Ord. 3705 § 2 (part), 1999)
22.20.360 Short plat documents—Signing.
Following approval of a short plat and after the applicant has made any changes to the short plat documents as a result of any conditions, restrictions or modifications in the decision, and either installed or otherwise guaranteed the installation of required improvements, the planning director shall sign the short plat documents; provided, however, the planning director shall not sign the short plat documents until said documents have been signed and acknowledged by all persons and on behalf of all entities holding an ownership interest in the land subdivided, and the applicant has completed all requirements of this section through Section 22.20.370. (Ord. 3705 § 2 (part), 1999)
22.20.362 Short plat documents—Certification.
Along with the short plat documents submitted for filing, the applicant shall submit:
(a) A title company certification which is not more than thirty calendar days old containing:
(1) A legal description of the total parcel sought to be subdivided; and
(2) A list of those individuals, corporations, or other entities holding an ownership interest in the parcel; and
(3) Any easements or restrictions affecting the property with a description, purpose, and reference by auditor’s file number and/or recording number; and
(4) Any encumbrances on the property; and
(5) Any delinquent taxes or assessments on the property.
If lands are to be dedicated or conveyed to the city as part of the subdivision, an American Land Title Association title policy may be required.
(b) Certification by the city department, or other agency with jurisdiction, that all of the required public improvements subject to its jurisdiction have been installed, inspected, and accepted by such department or agency, or in the alternative, surety bond or other performance guaranty has been deposited with the city in accordance with Sections 22.32.070 and 22.32.080. (Ord. 3705 § 2 (part), 1999)
22.20.364 Short plat documents—Filing materials.
The short plat should be filed on a standard record of survey document as provided by the city. The document shall show appropriate signatures, restrictions, easements, and dedications. (Ord. 3705 § 2 (part), 1999)
22.20.366 Short plat documents—Monumentation.
(a) The exterior boundary of the short plat shall be set by a registered land surveyor on the applicant’s property, before the planning director signs the short plat document.
(b) All interior lot corners of the short plat shall be set by a registered land surveyor on the applicant’s property before the planning director signs the short plat document if all required short subdivision improvements have been installed and completed at the time the short plat document is submitted to the planning director for signature.
(c) If the applicant provides the city a bond providing for and securing the actual construction and installation of the short subdivision improvements as provided in this chapter prior to the signing of the short plat document by the planning director, all interior lot corners of the short plat shall be set by a registered land surveyor on the applicant’s property on a temporary basis prior to the planning director signing the short plat document; the setting of interior lot corners by a registered land surveyor on a permanent basis shall be included in the bond and shall be performed during the construction and installation of the short subdivision improvements. (Ord. 3705 § 2 (part), 1999)
22.20.370 Short plat documents—Recordation—Time limit.
After the short plat documents are signed, they will be transmitted to the city clerk’s office for recording with the applicable office in King County. For short plats approved on or before December 31, 2014, the short plat must be recorded with King County within seven years of the date of approval or the decision becomes void; provided, however, that in the event judicial review is initiated, the running of the seven years is tolled for any period of time during which a court order in said judicial review proceeding prohibits the recording of the short plat. For short plats approved on or after January 1, 2015, the short plat must be recorded with King County within five years of the date of approval or the decision becomes void; provided, however, that, in the event judicial review is initiated, the running of the five years is tolled for any period of time during which a court order in said judicial review proceeding prohibits the recording of the short plat. (Ord. 4372 § 2 (Att. B) (part), 2012: Ord. 3705 § 2 (part), 1999)
22.20.380 Short plat documents—Recordation—Dedications and restrictions.
All dedications and restrictions required or approved by the decision shall be clearly shown and described on the short plat documents recorded under this chapter. The planning director’s signature on the recorded short plat documents constitutes acceptance by the city of all dedications shown on the short plat. (Ord. 3705 § 2 (part), 1999)
22.20.390 Short plat documents—Recordation—Improvements.
(a) Prior to submitting short plat documents for approval, all corners must be set in the ground pursuant to the requirements of Section 22.20.366, Short plat documents—Monumentation.
(b) The owner must complete or bond under Sections 22.32.070 and 22.32.080 all required right-of-way, private roadway easement, utility and other similar improvements before the planning director will sign the short plat documents. (Ord. 3705 § 2 (part), 1999)
22.20.400 Approval not in effect until appeal time has expired.
The planning director will not sign the short plat documents and the applicant may not engage in any activity based on the decision approving the short plat until the time to appeal has expired. If the decision is appealed, the planning director will not sign the short plat documents and the applicant may not engage in any activity based on the decision until the city issues a final decision on the matter. The date of the final decision of the city on the appeal shall be considered the “date of approval” pursuant to Section 22.20.360. (Ord. 3705 § 2 (part), 1999)