Chapter 16.12
SHORT PLATS*
Sections:
16.12.010 Filing of application.
16.12.015 Content of application.
16.12.020 Distribution of plats.
16.12.025 Content of short plat.
16.12.030 Dedications required.
16.12.035 Street design standards.
16.12.045 Criteria for approval.
16.12.050 Planning director’s decision.
16.12.055 Hearing body decision.
16.12.070 Conditions—Burden of proof.
16.12.090 Redivision procedures.
* Prior ordinance history: Ord. 1450.
16.12.010 Filing of application.
A. Official filing of an application with the director for a short plat, to divide or redivide land situated within the city into four or fewer lots for the purpose of sale or lease, transfer of ownership, development or financing, shall be preceded by a preliminary review of the proposed division by the director and the city engineer at a meeting attended by the applicant.
B. Following the review, the applicant shall submit an application to the planning director. An applicant shall submit with the application ten copies of the plans for the short plat showing preliminary plat. Unless an applicant for short plat approval requests otherwise, a short plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.
C. Applications shall be processed according to the procedures set forth in Chapter 2.90 SWMC, and the additional procedures established in this subchapter, city ordinances and state law.
D. Applications for short plats of land shall be processed within the time limitations of SWMC 2.90, RCW Ch. 43.21C, and RCW Chapter 36.70B. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.015 Content of application.
Applications for approval of a short subdivision shall include the following:
A. A plat of the proposed short subdivision containing standard survey data;
B. A vicinity map on which shall be indicated the property to be subdivided;
C. A plot plan, as appropriate, showing the location and dimensions of existing buildings in relation to the proposed short subdivision. The square footage and closure computations of each parcel or lot shall show that each parcel or lot contains at least sufficient footage to meet minimum zoning and health requirements;
D. Legal descriptions of the property to be subdivided and of all proposed lots or divisions;
E. Name and address of owner(s) of the tract;
F. Location of existing and proposed streets and other improvements including but not limited to water lines, sewer lines, and traffic, stormwater, and drainage improvements;
G. All short plats must be accompanied by a title report confirming that the title of the lands as described and shown on the short plat is in the name of the owner signing the certificate or instrument of dedication. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.020 Distribution of plats.
If the director determines that the applicant has met all the application requirements for the short plat and that the short plat contains sufficient elements and data to furnish a basis for its approval or disapproval, the director shall affix a file number and date of receipt to the application and promptly forward three copies of the plat to the city engineer. The director shall also forward a copy of the preliminary plat to each of the following:
A. Skagit County Health;
B. Utility providers;
C. Building official;
D. Water District #1;
E. Chief, fire department;
F. Chief of police;
G. City clerk-treasurer;
H. City engineer;
I. Washington State Department of Transportation;
J. And others deemed appropriate on a case-by-case basis; who shall review the preliminary plat and, within fourteen, furnish the director with a report as to the effect of the proposed subdivision upon the public health, safety and general welfare, and containing their recommendations for approval or disapproval of the preliminary plat. The reports of the city engineer and PUD District #1 shall also include a recommendation as to the extent and type of improvements to be provided in dedicated areas and a preliminary estimate of the cost of these improvements. (Ord. 1487-04 § 4 (part), 2004)
16.12.025 Content of short plat.
A. Every short plat shall consist of one or more maps, on both mylar and in digital format approved by the city engineer, together with written and digital data including the following:
1. The name of the proposed subdivision;
2. North point and scale; the location of existing property lines: streets, building, if any; watercourses and all general features;
3. The legal description of the land contained within the subdivision;
4. The names and addresses of all persons, firms and corporations holding interest in the lands, including easement rights and interest;
5. The proposed names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, lots, building lines, if any, and all other information necessary to interpret the plat, including the location of existing utility and access easements which are to remain;
6. The location of streets in adjoining plats and the approximate location of adjoining utilities and proposed extensions into the plat;
7. The names of adjoining plats;
8. The name, address and telephone number and seal of the registered land surveyor who made the survey or under whose supervision it was made;
9. The date of the survey;
10. All existing monuments and markers located by the survey;
11. The zoning classification applicable to the land within the subdivision;
12. The conditions of or the limitations on dedications, if any, including slope rights;
13. Contour intervals as required, based upon city datum.
B. Any plat submitted that covers only a part of the applicant’s tract shall be accompanied by a sketch showing the proposed future street system in the remainder of the tract so that the street layout of the tract may be considered as a whole.
C. The plat shall comply with the technical requirements of Subchapters V and VI of SWMC Chapter 16.08. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.030 Dedications required.
A. Every short plat shall include adequate provision for dedication of drainage and stormwater ways, streets, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.
B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the city.
C. Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the city engineer determines that the following conditions exist, and permits access by a permanent private easement:
1. Access by easement would not compromise the goals of the Zoning Code to provide for adequate light, air and usable open space between structures;
2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage;
3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions;
4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines;
5. There is no potential for extending the street system; and
6. Access to a public street is not practical due to unique conditions beyond the control of the applicant.
D. If the director or hearing body concludes that the public interest will be served, the hearing body may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage and stormwater ways, streets, alleys, sidewalks, parks and other open space, allow the land to be conveyed to a homeowner’s nonprofit maintenance corporation. In that case the applicant shall, at or prior to the time of filing a final plat for approval, supply the director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the short plat, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The city attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The hearing body may impose other conditions as he or she deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.
E. Any dedication, donation or grant as shown on the face of the short plat shall be considered, to all intents and purposes, as a quitclaim deed to the grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.
F. Dedicated streets and alleys shall meet the requirements of SWMC Ch. 15.40. Private streets and easements shall meet the design standards of SWMC 15.40. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.035 Street design standards.
The design of all short plats shall conform to the standards set forth in this section and SWMC Chapter 15.40:
A. Streets and Alleys.
1. All subdivisions shall be served by one or more streets providing adequate ingress and egress to and from the subdivision.
2. Major streets within each subdivision shall conform with the city’s arterial street plan and shall provide for the continuation of major streets which serve property contiguous to the subdivision. Unless otherwise allowed by the city engineer, public right of way for streets shall meet the standards established in SWMC 15.40.
3. Street networks shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants.
4. Dedicated street and alley rights of way shall meet the standards established in SWMC Chapter 15.40.
B. Blocks. Blocks shall be designed to assure traffic safety and ease of traffic control and circulation. Blocks shall be identified by letters or numbers.
C. Lots.
1. Every lot shall be provided with convenient vehicular access to a street or to a permanent appurtenant easement which satisfies the requirements of SWMC 15.40.
2. Lots shall be numbered with reference to blocks.
D. Sidewalks. Design of sidewalk or sidewalk easement in residential subdivisions shall be as required by the city engineer.
E. Drainage—Storm Sewer and Utility Easements.
1. Easements for drainage channels and ways shall be of sufficient width to assure that they may be maintained and improved, and shall conform to the design requirements established by the city engineer. Easements for storm sewers shall be provided and shall be of sufficient width and in proper location to permit future installation, and shall conform to the design requirements established by the city engineer. Utility easements shall be in accordance with plans and specifications prepared by the appropriate city department, and shall conform to the design requirements established by the city engineer.
2. Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure installation and maintenance, and shall conform to the design requirements established by the city engineer.
3. Design of storm water systems shall comply with the latest section of the Department of Ecology Stormwater Management Manual.
F. Underground Utility Installation. Subdivisions shall provide for underground utility lines, including but not limited to those for electricity, telephone, CATV and street lighting, unless otherwise permitted by the city engineer. (Ord. 1487-04 § 4 (part), 2004)
16.12.040 Improvements.
All improvements shall follow the latest edition of the Washington State Department of Transportation Standard Specifications and Chapter 15.40.
A. Streets, Bridges, and Other Construction. All streets, bridges, drains, culverts and other structures and facilities in dedicated areas shall be constructed in accordance with plans and specifications prepared or approved by the city engineer.
B. Street Grading and Surfacing. All dedicated streets shall be graded to their full width with adequate drainage provided prior to acceptance for public use. Grades shall be established by the city engineer and all roadways shall be surfaced according to plans and specifications prepared or approved by the city engineer.
C. Water and Sewers. Water supply facilities adequate to provide potable water from a public supply to each lot within a subdivision shall be installed in conformity with standards adopted by the Skagit County PUD. Each lot shall be provided with a single connection to the Sedro-Woolley sanitary sewer system approved by the city engineer, unless a shared connection is approved by the city engineer. All connections shall conform to applicable city ordinances and regulations.
D. Service Mains and Fire Hydrants. Prior to the construction of any structure in the subdivision, service mains and fire hydrants shall be installed in accordance with plans and specifications prepared or adopted by the city engineer and in accordance with requirements and standards of the PUD and fire chief. (Ord. 1487-04 § 4 (part), 2004)
16.12.045 Criteria for approval.
A. The planning director shall, after conferring with appropriate officials, use the following criteria to determine whether to grant, condition or deny a short plat:
1. Conformance to the applicable comprehensive plan policies and zoning code provisions;
2. Adequacy of access for vehicles, utilities and fire protection as provided in Section 16.12.035;
3. Adequacy of drainage, stormwater facilities, water supply and connection to the Sedro-Woolley sanitary sewer system;
4. Whether the public use and interests are served by permitting the proposed division of land.
B. If the short subdivision contains a proposed dedication, the planning director shall refer the matter to the city engineer for report and recommendation. The short plat or dedication instrument shall be transmitted to the city council for acceptance of the dedication by ordinance. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.050 Planning director’s decision.
If the planning director determines that the requirements of this chapter are met, or may be met upon compliance with specified conditions, the planning director shall inform the applicant in written findings of the decision to approve the application and the conditions of the approval, if any, and may return the proposed short plat to the applicant for modification or correction. When the planning director has determined that: (A) the short plat contains the certificates, dedication instruments and statements of approval required by state law and this chapter, (B) the short plat and all legal descriptions are technically correct, and (C) the planning director determines that the short plat qualifies for approval or approval with conditions, the director shall notify the applicant and provide for all notices required by Chapter 2.90 for administrative short plat approvals. If no person or party requests an open record hearing before the hearing body within the time allowed by Chapter 2.90, the short plat shall be formally approved without further hearing. Preliminary short plat approval is valid for three years unless extended by the following procedure. As allowed by RCW 58.17.140, an applicant who files a written request at least thirty days before the expiration of the three-year period shall be granted one one-year extension upon showing that the applicant has attempted in good faith to submit the short plat for final approval within the three-year period. Approval of the extension may contain additional conditions and requirements for the preliminary short plat.
Exception: Land use and development approvals shall be granted a one-time, three-year economic hardship extension from the original date of expiration if the approval was set to expire between January 1, 2008, and December 31, 2011. (Ord. 1685-10 § 3, 2010: Ord. 1598-08 § 1, 2008: Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.055 Hearing body decision.
Any party that wishes to appeal the planning director’s decision regarding standards and improvement requirements of Section 16.12.030(C) may petition for an open record hearing before the hearing examiner. Notice of the petition for hearing shall be provided to all parties entitled to notice under Chapter 2.90. The hearing examiner shall have the powers and duties of the director, and may approve the short plat and/or variance, approve with conditions, or deny the short plat application. (Ord. 1607-08 § 6(A), 2008: Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.12.060 Variances.
A. Variances from the design standards and improvement requirements set forth in Section 16.12.030(C) may be authorized by the hearing body as part of plat approval; provided, that no variance to the sanitary sewer connection shall be allowed except as set forth in subsection B of this section. All variances shall be expressly set forth in writing as part of the approval and be supported by findings and conclusions. No variance shall be granted unless the applicant shall demonstrate the following:
1. Strict compliance with the provisions of this chapter would cause unusual hardship for the applicant;
2. The condition which justifies the variance is not created by, nor within the control of, the applicant;
3. The condition is unique to the applicant’s property; and
4. The variance will not shift the impact or burden of development to the city or other property owners.
B. No variance to the sanitary connection requirement shall be allowed except as set forth in this subsection. Variances from the sanitary sewer requirement of Section 16.04.080(A) may be authorized by the hearing body as part of plat approval when sewer is not reasonably available to the property and the property subject to the plat is a clustered development previously approved under the applicable sections of Ordinance 1333-99, consisting of two or more existing, detached residences on one lot. The variance must meet the requirements of subsection A of this section and the following requirements:
1. The applicant shall provide an on-site sewage system that complies with the applicable requirements of Skagit County Code Chapter 12.05.
2. The number of lots shall not exceed the number of detached single-family residences constructed under the clustered development provisions. No new, vacant lots may be created without the connection to the city sanitary sewer system.
3. Further subdivision of the property shall require connection to sanitary sewer.
4. In addition to meeting minimum lot size for the applicable zone, lots must be of sufficient size to meet the requirements of the Skagit County health department for private, on-site septic systems as required by Skagit County Code Chapter 12.05; provided, that the area within public street right-of-way may not be included in determining minimum lot area.
5. A note shall be placed on the face of the plat requiring the owner of each lot to connect to the city sanitary sewer pursuant to Section 13.08.040 when it becomes reasonably available.
6. The design of the plat shall: (a) facilitate future subdivision consistent with the density requirements of this code; and (b) provide for sewer line easements or lot configurations which facilitate future connection of all lots to the city sanitary sewer system consistent with applicable city regulations.
7. Applications must comply with all other requirements of this title. (Ord. 1520-05 § 2, 2005: Ord. 1487-04 § 4 (part), 2004)
16.12.070 Conditions—Burden of proof.
In approving or disapproving a variance under this section, the hearing body may impose such conditions as it finds necessary to maintain the intent and purpose of this title. The applicant shall have the burden of proving that the criteria for a variance have been satisfied. (Ord. 1487-04 § 4 (part), 2004)
16.12.080 Filing of plat.
Upon final approval of a short plat application by the director or hearing examiner, the short plat shall be approved on its face by the planning director, city engineer, and clerk-treasurer, and filed for record with the Skagit County auditor. No short plat or short subdivision granted approval by the planning director shall be deemed to have final approval until filed. (Ord. 1607-08 § 6(B), 2008: Ord. 1487-04 § 4 (part), 2004)
16.12.090 Redivision procedures.
Land within a short subdivision may not be further divided within a five-year period immediately following approval and filing of a short plat unless a final plat for such subdivision is approved and filed for record in accordance with the provisions of Section 16.12.080 and this title. However, any revision of an approved short plat in which the total number of lots is not increased shall not be considered a further division, and shall be approved or disapproved in the manner prescribed in this code. (Ord. 1487-04 § 4 (part), 2004: Ord. 1450-03 § 2 (part), 2003)