Chapter 19.50
SHORT SUBDIVISIONS

Sections:

19.50.005    Applicability.

19.50.010    Administration.

19.50.015    Exemptions.

19.50.020    Preliminary short subdivision application.

19.50.022    Review procedure.

19.50.025    Development and business services director’s review and recommendation of short subdivisions.

19.50.027    Mayor’s review and determination of short plats.

19.50.028    Mayor to make written findings.

19.50.030    Preliminary approvals.

19.50.035    Final approval and recording.

19.50.040    Final short plat application.

19.50.045    General standards.

19.50.050    General requirements.

19.50.055    Public street rights-of-way.

19.50.060    Survey – When required – Monuments and markers.

19.50.070    Violation – Injunctive relief.

19.50.080    Assurance of discontinuance.

19.50.090    Unapproved short plat – Not to be filed.

19.50.005 Applicability.

Every division of land into nine or less lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease, or transfer of ownership shall proceed in compliance with this chapter; provided, that any land contained within a short subdivision shall not be further divided for a period of five years from the date of filing of a short plat without the filing of a final plat. Contiguous parcels of land in the same ownership and having boundaries in common shall be presumed to be a single parcel in determining whether or not the division of land comprises a short subdivision. (Ord. 3154 § 3, 2015; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.010 Administration.

The development and business services director shall have the responsibility and duty of administering the provisions of this chapter. The mayor shall have sole authority to summarily approve or disapprove a proposed short plat under the guidelines set forth in this chapter and to approve or disapprove final applications of short subdivisions. The development and business services director shall prepare and require the use of such forms as needed essential to the implementation of this title. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.015 Exemptions.

The provisions of this chapter shall not apply to those cases as per LMC 19.05.017(B). (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.020 Preliminary short subdivision application.

Any person desiring to divide land under the provisions of this title situated in the city of Lynnwood into nine or fewer lots shall submit an application for short subdivision approval to the development and business services director together with payment of related fees and costs as set forth in Chapter 3.104 LMC.

A. Applications for a preliminary short plat subdivision shall be submitted on forms prescribed by the development and business services director. All applications submitted to the development and business services director shall be complete and contain the following material:

1. The name, address and telephone number of the owner(s);

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

3. The existing zoning classifications;

4. The square footage computation of each lot or parcel;

5. The source of water supply;

6. The method of sewage disposal;

7. A survey prepared by a licensed surveyor registered in the state of Washington. However, if the development and business services director determines that existing conditions so warrant because of previous development, construction or subdividing, the requirement of a survey of the property to be subdivided may be waived for the preliminary short plat, but a survey shall be required for the final short plat;

8. For the same reasons as stated in subsection (A)(7) of this section, a current ownership certificate from a recognized title company at the preliminary short plat stage may be waived for the preliminary short plat; however, it shall be required for final short plat approval.

B. Map. A map shall be prepared on a sheet of reproducible material, having dimensions of eight and one-half inches by 14 inches, and containing the following information:

1. The date, scale and north arrow;

2. The boundary lines, to scale, of the tract to be subdivided and each lot contained therein;

3. The dimensions, square footage and number assigned to each proposed lot;

4. All existing structures;

5. All setback dimensions for existing structures; and

6. The location of any sensitive areas as defined by LMC Title 17 as known to the applicant at time of submittal. (Ord. 3415 § 9, 2022; Ord. 3399 § 2 (Exh. A), 2021; Ord. 3158 § 3, 2015; Ord. 3154 § 3, 2015; Ord. 2463 § 12, 2003; Ord. 2242 § 6, 1999)

19.50.022 Review procedure.

A. Procedure of a Short Plat Application. When the development and business services director determines that the proposed short plat application contains the required information and data as a basis for its approval or disapproval, a file number and a date of receipt shall be affixed and copies of the short plat application shall be distributed to the following for their review and comment:

1. County health officer;

2. All city departments; and

3. Federal, state or local agency which may have an interest in the short plat as determined by the development and business services director.

B. Review by agencies shall be completed within 10 working days from the date of referral. If any agency cannot complete the review within 10 days they shall so notify the development and business services director with reasons for the need for more time and an estimate of when the review can be completed.

C. All city departments and other agencies shall notify the development and business services director of their concerns and shall so list their concerns for consideration by the mayor in his findings for approval or denial of the short plat. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 12, 2003)

19.50.025 Development and business services director’s review and recommendation of short subdivisions.

Within 90 days of filing of a valid short plat application or a longer period as agreed to by the applicant or as required by Chapter 43.21C RCW, the development and business services director shall review the reports and comments received. The director shall include in his recommendation to the mayor a determination that the short subdivision is or is not in conformance with the following as they now exist or as they may be amended:

A. The goals, policies and objectives of the Lynnwood comprehensive plan;

B. The Lynnwood comprehensive parks and recreation plan;

C. The Lynnwood zoning code;

D. The standards of this title and Chapter 58.17 RCW;

E. The Lynnwood comprehensive street and arterial plan;

F. The standards of LMC Title 17, Environment;

G. The Lynnwood water system comprehensive plan;

H. The Lynnwood comprehensive trunk storm drainage plan, and Chapter 13.40 LMC, Stormwater Management;

I. The compatibility of the plat to the existing neighborhoods;

J. Other plans and programs as the city of Lynnwood may adopt. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 12, 2003; Ord. 1808 § 3, 1991; Ord. 1314 § 12, 1983)

19.50.027 Mayor’s review and determination of short plats.

After receipt of the development and business services director’s determination, the mayor shall within the time period specified above:

A. Approve the short subdivision (preliminary or final) as per LMC 19.50.030 and 19.50.035; or

B. Return the short plat to the applicant for corrections or for the applicant’s construction of improvements in a manner consistent with official findings; or

C. Disapprove the short subdivision and the short plat thereof with written findings. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 12, 2003; Ord. 1808 § 3, 1991; Ord. 1314 § 12, 1983)

19.50.028 Mayor to make written findings.

A proposed short plat and short subdivision shall not be approved unless the mayor makes written findings that:

A. Appropriate provisions are made for, but not limited to:

1. The public health, safety, and general welfare;

2. Open spaces, drainage ways, streets, roads, alleys, other public ways and transit stops;

3. Potable water supplies, and sanitary wastes;

4. Parks and recreation, playgrounds, schools and school grounds;

5. All other relevant facts, including sidewalks and other planning features that assure safe walking conditions.

B. The public use and interest will be served by the platting of such short subdivision.

C. The proposed short subdivision is in conformity with the Lynnwood zoning code and land use controls. (Ord. 2463 § 12, 2003; Ord. 1808 § 3, 1991)

19.50.030 Preliminary approvals.

A. If the adopted recommendations require the meeting of conditions, construction of improvements, or time is necessary for the obtaining of required certifications, then the approval action shall be preliminary approval. Preliminary approvals shall be for two years whereby the conditions of approval and required improvement shall be accomplished. If good cause is shown and a written request is received at least two weeks prior to the deadline, the mayor may grant the applicant one additional 12-month time extension for meeting conditions of approval and/or construction of improvements.

B. Exception. Effective until June 1, 2010, the applicant or agent of record for any unexpired short subdivision approval granted on or before the effective date of the ordinance codified in this section, or expired short subdivision valid as of January 1, 2009, may submit a written application in the form of a letter with supporting documentation to the development and business services department requesting an additional one-time, one-year time extension. The extension for a currently unexpired short subdivision shall be one year from the expiration date, for a total of two one-year extensions. The extension for an expired short subdivision shall be valid for one year from the date of the retroactive extension approval. The mayor shall make a decision using the procedures set forth for extensions in this section. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2824 § 2, 2010; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.035 Final approval and recording.

When the short subdivision and the short plat thereof meet all the requirements as per city ordinance and state law and will serve the public use and interest and the subdivider has provided all the required documentation/certification, then the written approval shall be inscribed upon the face of the short plat. The action of approving a short plat shall become effective if, within 21 working days, the final short plat has been filed for record with the auditor of Snohomish County. No final short plat shall be accepted for filing unless all current taxes have been paid in full to the county treasurer. (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.040 Final short plat application.

A. The final short plat application shall contain the following information:

1. The gross and net square footage computation of each lot, parcel, and/or tract;

2. The source of water supply;

3. The method of sewage disposal;

4. A survey prepared by a licensed surveyor registered in the state of Washington.

B. Map. A map shall be prepared on a sheet of reproducible material, having dimensions of 18 inches by 24 inches, and containing the following information:

1. A legal description of the property to be subdivided and legal descriptions of lots, tracts, or parcels therein together with the legal description of private roads and easements therein, if any, all prepared or approved and sealed by a licensed surveyor registered in the state of Washington. The development and business services director may substitute the map for several narrative legal descriptions if it provides as good or better description of property lines;

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 assigned to each lot;

5. The location, names, widths and auditor’s file number of any existing easements, existing and proposed roads, existing and proposed rights-of-way for public services utilities within the area contained within the short subdivision, and within 100 feet thereof, and location of the nearest city streets;

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 and topographic features which will have an impact upon the short subdivision, such as all existing or platted streets adjacent to the short subdivision, easements, tracts, buildings, watercourses, rights-of-way, all utility rights-of-way, township lines and section lines;

8. Statement. Land within this short subdivision shall not be further subdivided for a period of five years unless a final plat is filed pursuant to Chapter 19.25 LMC and Chapter 58.17 RCW;

9. Signature block for approval by the mayor;

10. Stormwater system maintenance requirements as approved by the public works director;

11. A certificate as per RCW 58.17.165.

C. Supporting Documents. The following documentation shall accompany each application for approval of a final short plat:

1. A vicinity map clearly identifying the location of the property being short subdivided, having a scale of not more than 400 feet to the inch;

2. Copies of restrictions, if any, proposed to be imposed upon the use of the land. Such restrictions must be recorded either prior to or simultaneously with the short plat;

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

a. Each lot owner having access thereto having responsibility for maintenance of any private street contained within the short subdivision;

b. Such covenants or documents shall obligate any seller to give actual notice to any prospective purchaser of the method of maintenance of the private street 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 moment the short subdivision becomes effective;

4. A current title certificate consisting of a report prepared by a recognized title company, showing interest of the persons signing the final short plat and showing restrictions encumbering the land. All parties of interest shall sign the plat map. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 6, 2018; Ord. 3158 § 4, 2015; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.045 General standards.

A. Design. The design of the short plat and short subdivision plans shall conform with the requirements of any official control relating to the land use which may be adopted to implement the Lynnwood comprehensive plan or any element thereof, or any other official plan; provided, that in the event of a discrepancy among standards and requirements, the responsible department may exercise professional judgment to determine which standard or requirement shall control.

The design, shape, size and orientation of the short subdivision shall be appropriate to the use for which the divisions of land are intended, the character of the area in which they are located, and site characteristics including sanitation needs, utilities, steep slopes, access, slide hazards, water supply, poor drainage or flood hazards and any other unique conditions or features which may warrant protection of the public interest.

B. Easements. Easements shall be provided where necessary for road utility installation and maintenance, public or private access, drainage, and buffer strip or protective easements.

C. Overall Plan. A generalized plan for the entire ownership shall be required to indicate that the road pattern and general arrangement for the short subdivision can be coordinated with the entire tract when fully developed. Topographic information may be required if conditions so warrant.

Where property is short subdivided into divisions, lots or tracts of one acre or more, the development and business services director may require an arrangement of divisions, lots or tracts and roads such as to permit later resubdivision in conformity with zoning, access, division, lot or tract standards, when such resubdivision complies with this title.

D. Survey Standards. A survey conducted by or under the supervision of a registered land surveyor shall be made of every short subdivision filed for approval in Lynnwood. The surveyor shall certify on the short plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standards, practices and principles for land surveying. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.050 General requirements.

In addition to the design standards of Chapter 19.35 LMC, the following are applicable to all short subdivisions:

A. Lots.

1. All lots shall provide for the minimum depth, width, width at the building line and area as required by the zoning code, LMC Title 21.

2. The development and business services director shall designate the yard designations for lots within short plats to ensure that the location of buildings will be compatible to the existing development in the area. In determining setbacks, under no circumstance shall a house be allowed to be constructed within five feet of a private road whether held in a separate tract or access easement, as required by the zoning code for an interior lot in a single-family residential zone. The determined setbacks shall be indicated on the final short plat map.

B. Utilities.

1. All utility improvements shall be prepared and certified by a licensed professional engineer, registered in the state of Washington.

2. All utility improvements shall be designed in conformance with the standards of the public works department. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3311 § 7, 2018; Ord. 3158 § 5, 2015; Ord. 2671 § 1, 2007; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.055 Public street rights-of-way.

A. Dedication or deeding to the city of such right-of-way as may be consistent with adopted city standards for public streets, or a portion thereof, shall be required within or along the boundaries of the short plat of any lot(s) within, under the following circumstances:

1. Where the comprehensive street and arterial plan indicates the necessity of a new right-of-way or portion thereof for street purpose; or

2. When there is less than the right-of-way required from the centerline of the street to the property line; or

3. Where necessary to extend or complete the existing public street; or

4. Where necessary to provide future access to other properties.

B. Public street improvements, consistent with adopted city standards and specifications for public streets, shall be required under the following circumstances:

1. When new public right-of-way is deeded or dedicated;

2. When necessary to develop an existing undeveloped or unmaintained city right-of-way to city standard for public streets, when such right-of-way abuts the land for which short plat approval is sought;

3. In lieu of public street improvements when required, the city may accept a bond approved by the city attorney or other reasonably equivalent guarantee that the improvements in the public right-of-way could and would be installed at the expense of the developer and/or assigns upon the right-of-way within a reasonable time after notice so to do is given by the city.

C. Public street improvements shall be consistent with adopted city design standards and specifications.

D. When the public works director determines that it is necessary to provide for future public street right-of-way and/or to assure orderly development of a neighborhood street pattern, he may require the setting aside of a sufficient future right-of-way. The dimensions of such tract, when required, shall be based on public works director estimates, consistent with adopted city standards for public streets. Such tract may contain a private road, consistent with the standards set forth in LMC 19.50.050.

E. Lots within a short subdivision shall be designed so that lots adjacent to principal arterials do not require direct access except that if the subdivider presents proof that direct access to such lot is necessary to the development of his/her property and the public works director so finds, direct access may be permitted.

F. Access to the boundary of all short subdivisions shall be provided by an opened, constructed and maintained city street. (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.060 Survey – When required – Monuments and markers.

All permanent monuments with the subdivision shall be located and described, and all controlling corners on the boundaries of the short subdivision shall be marked by a rebar pipe or approved equivalent driven into the ground. All monuments and markers shall be shown on the face of the plat. (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.070 Violation – Injunctive relief.

Wherever any parcel of land is divided into nine or less lots, tracts, or parcels of land and any person, firm, corporation, or association or any agent of any person, firm, corporation, or association sells or transfers or offers or advertises for sale or transfer any such lot, tract, or parcel without having a short plat of such subdivision approved pursuant to this title then such action is hereby declared to be unlawful and a public nuisance and the city attorney may commence an action to restrain and enjoin further subdivisions, sales or transfers, or offers of sale or transfer and compel compliance with all provisions of this title. The costs of such action shall be taxed against the persons, firm, corporation, association, or agent of such entities selling or transferring the property. (Ord. 3154 § 3, 2015; Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.080 Assurance of discontinuance.

In the enforcement of this chapter, the city attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of Snohomish County. A violation of such assurance shall constitute prima facie proof of a violation of this title. (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)

19.50.090 Unapproved short plat – Not to be filed.

The auditor shall refuse to accept for filing any short plat which does not bear the certificate of approval of the city of Lynnwood. Should a short plat be filed without a certificate, the city attorney shall apply for a writ of mandate on behalf of the city directing the auditor to remove the unapproved plat from the auditor’s files. (Ord. 2463 § 12, 2003; Ord. 1314 § 12, 1983)