Chapter 19.28


19.28.010    Applicability and purpose.

19.28.015    General requirements.

19.28.020    Short subdivision application, map, and supporting documents.

19.28.030    Procedure.

19.28.040    Department action.

19.28.043    Appeals.

19.28.045    Effective date.

19.28.050    Final approval and recording.

19.28.060    Redivisions.

19.28.070    Amendment of preliminary short subdivisions.

*Prior ordinance history: Ord. 1041.

19.28.010 Applicability and purpose.

A.    Applicability. Every division of land for the purpose of lease, sale, transfer, or development into two or more but less than five lots, parcels or tracts within the incorporated area of the city of Shelton shall proceed in compliance with these regulations.

B.    Purpose. The purpose of this chapter is to provide uniform regulations for the subdivision of land into two or more but less than five parcels so as to provide for the public health, safety, and general welfare. It is further the purpose of this chapter to implement the requirements of the city of Shelton comprehensive plan, the Shelton Municipal Code, the city of Shelton design and construction standards, and the city of Shelton shoreline master program. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.28.015 General requirements.

A.    The subdivider shall permit free access to the land being subdivided by all agencies considering the short plat from the time of application until the time of final action on the proposal.

B.    The subdivider shall have the corners of each proposed lot set on the site and maintain said corner markers until a determination relative to the proposal has been rendered unless the requirement is waived by the director of community and economic development. (Ord. 1750-0709 § 2 (part), 2009)

19.28.020 Short subdivision application, map, and supporting documents.

A.    An applicant shall submit a completed short plat application on a form supplied by the administrator to the city of Shelton department of community and economic development, and pay all application fees as set by the city of Shelton city council. A complete application for the purposes of this chapter shall consist of the following:

1.    A completed short subdivision application, supporting materials, and fees. If the applicant’s desired point of contact is other than the applicant (i.e., an agent is desired), it shall be clearly noted on the application;

2.    A fully completed, signed, and notarized declaration of short subdivision;

3.    A completed environmental checklist, unless exempt under WAC 197-11-800;

4.    In any short subdivision, where any portion is proposed to be accessed by a private road, in compliance with the city of Shelton design and construction standards and the Uniform Fire Code, the subdivider shall furnish copies of covenants or documents that will result in each lot owner having access to the road also having responsibility for maintenance of the private road and associated signage;

5.    Copies of restrictions and easements which presently encumber the land as well as copies of restrictions proposed to be placed on the use of land;

6.    A plat certificate/title report, no more than forty-five days old, from a title company showing interest of the persons signing the declaration of short subdivision.

B.    Seven copies of a preliminary short plat map prepared by a licensed land surveyor, on a sheet of paper having dimensions of eighteen inches by twenty-four inches and containing the following information:

1.    A legal description of the short subdivision and of the lots, tracts, or parcels therein together with the legal description of private roads and easements therein;

2.    The date, scale and north arrow;

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

4.    The number assigned to each lot, if applicable;

5.    The location and widths of any on-site or immediately adjacent easements and all adjacent rights-of-way for public services or utilities within the area contained within the short subdivision;

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 existing structures, on-site parking areas, as well as any existing utility connections (e.g., water, sewer, electric, telephone, and gas) that serve the site and/or structures. All structures shall be dimensioned and notation made as to type of structure/use to ensure compliance with setback and parking requirements;

8.    Topographic contours at a ten-foot contour interval to show the general topography of the site, unless waived by the city engineer and director of community and economic development;

9.    Clear delineation of existing rights-of-way, including width, and proposed dedication of rights-of-way;

10.    A vicinity sketch clearly identifying the property to be short platted in relation to major highways, parks, and schools, the sketch having a scale of not less than three inches to the mile.

C.    The following documentation and information shall accompany each application for approval of a short subdivision, unless waived by the city engineer and administrator:

1.    Preliminary storm drainage report and preliminary design as required by the Shelton Municipal Code and city of Shelton design and construction standards.

2.    Preliminary grading plan which illustrates the existing site topography and proposed topography including approximate cut and fill quantities.

3.    Critical areas report as required by Chapter 21.64, as applicable. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.28.030 Procedure.

A.    The administrator, or designee, shall review the submittal for completeness within twenty-eight days of submittal, pursuant to Section 19.28.020, and notify the applicant in writing as to whether the application is complete and, if not, specifically enumerate the items required to complete the application.

B.    Once the application is determined to be complete, the administrator, or designee, shall solicit comments on the proposed short plat from: the city engineer, the city of Shelton fire marshall, and the Shelton School District. Further, the city shall solicit comments from the Washington State Department of Transportation (WSDOT) for proposals adjacent to a state highway, the city shall solicit comments from Mason County for proposals that may impact county streets or facilities, as well as any other local, state, or federal agencies as may be necessary. The city shall also issue a notice of application in compliance with Section 17.06.070.

C.    Based on comments received, and subsequent responses and submittal of revisions (as necessary) by the applicant, the administrator shall review the proposal subject to the criteria contained in SMC 19.28.040. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.28.040 Department action.

A.    Short subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon the finding by the administrator that all of the following have been satisfied:

1.    The proposed short plat conforms to all applicable land use, environmental health, and civil improvement regulations and plans, including but not limited to the following:

a.    The city of Shelton comprehensive plan;

b.    The city of Shelton Municipal Code;

c.    Mason County health standards.

2.    The administrator finds that appropriate provision has been made for utilities and other public services necessary to serve the needs of the short plat, including: open spaces, critical areas, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sewage disposal, parks, schools, sidewalks and other improvements to assure safe walking conditions for students to walk to and from school.

3.    The administrator finds that approval of the short plat will serve the public use and interest and adequate provision has been made for the public health, safety, and welfare.

4.    The administrator finds that the short plat provides for all improvements required under the city of Shelton design and construction standards.

B.    If the administrator finds in favor that all of the items required in subsection A of this section, the short plat shall be approved or approved subject to conditions. If the administrator cannot find in favor all of the items required in subsection A of this section, the short subdivision shall be denied.

C.    When the adopted recommendations require the meeting of conditions, construction of improvements, or corrections, or time is necessary for the obtaining of required certifications, then the approval shall be at the option of the director of community and economic development, conditioned upon fulfillment prior to approval of a final short plat. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007. Formerly 19.28.050)

19.28.043 Appeals.

The applicant or other individual or entity with standing may appeal the decision of the administrator to the city of Shelton hearings examiner within fourteen days of the date of written decision pursuant to Chapter 2.36. The hearings examiner shall conduct a public hearing and may confirm, modify, or overturn the decision. All appeals must be received by the director of community and economic development in writing and contain narrative which specifically cites the item or items being appealed and why. In order to be considered received by the city, the appeal must also include the appeal fee as established by the Shelton city council. (Ord. 1921-0518 (part), 2018; Ord. 1750-0709 § 2 (part), 2009)

19.28.045 Effective date.

The preliminary short subdivision approval shall be final on the fifteenth day following the administrator’s decision or after the exhaustion of any subsequent appeals and appeal period. The preliminary short subdivision approval shall be effective for five years from the original date of approval unless an extension is granted. The administrator may consider extension of the preliminary short subdivision beyond the five years, for a maximum of three additional years, upon an application of the subdivider. The subdivider must apply for the extension in advance of the expiration date and pay all applicable fees associated with the extension request as well as document why such extension is requested. (Ord. 1750-0709 § 2 (part), 2009)

19.28.050 Final approval and recording.

A.    When all the conditions and requirements of preliminary approval have been fulfilled, including the provision of all required improvements, and the subdivider has provided all required documentation and certification to the city of Shelton, then written approval by the city of Shelton director of community and economic development shall be inscribed on the face of the final short subdivision map.

B.    A title report, dated no more than forty-five days prior to recording, shall be submitted with the final short subdivision.

C.    All taxes are required to be paid in full through the treasurer of Mason County prior to recording of the final short subdivision with the Mason County auditor.

D.    The short subdivision shall not be considered final until it is duly recorded with the Mason County auditor along with the declaration of short subdivision. (Ord. 1750-0709 § 2 (part), 2009)

19.28.060 Redivisions.

Land within a short subdivision, the short plat of which has been approved within five years immediately preceding, may not be further divided in any manner until a final plat thereof has been approved and filed for record pursuant to the city regulations concerning the subdivision of property into five or more lots, tracts, or parcels. When the original short subdivision contains less than four lots, the above prohibition shall not apply to the creation of additional lots not exceeding a total of four. After five years, further divisions may be permitted by a parcel owner when otherwise consistent with the then-current regulation of the city. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)

19.28.070 Amendment of preliminary short subdivisions.

A.    Amendment/modification may be made to a previously approved preliminary short subdivision that has received preliminary approval. An application for amendment/modification shall be submitted for any proposed amendment to a preliminary short subdivision. The application shall be on a form provided by the department. Notice of application for amendment shall be made to all property owners within three hundred feet of the property.

B.    Amendments and modifications may not be made when the amendment/modification involves the creation of an additional parcel or the relocation of an entire parcel from one parent parcel to another parent parcel.

C.    Amendments of preliminary short subdivisions may be preliminarily approved by the department if the following findings can be made:

1.    There will be no significant adverse impact to neighboring property nor to the general public as a result of the amendment;

2.    The amendment is not contrary to this title or to any policy or provision of the Shelton comprehensive plan, the applicable zoning code or applicable sewer, water, storm drainage or transportation plans;

3.    The amendment is consistent with the adopted standards; and

4.    The public use and interest will be served by the amendment.

D.    Following preliminary approval of an amendment, the applicant shall produce a revised drawing of the amendment, which shall be submitted for final approval and be filed for record with the auditor of Mason County to become the lawful short plat of the property. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007)