Chapter 19.02
GENERAL PROVISIONS

Sections:

19.02.010    Purpose.

19.02.020    Applicability of provisions.

19.02.030    Preapplication conference.

19.02.040    Scope and exceptions.

19.02.050    Replats.

19.02.060    Correction of platting errors.

19.02.070    Time limitations and expiration of preliminary plat approval.

19.02.080    Placing lots or parcels on assessment rolls.

19.02.090    Administrative authority.

19.02.100    Transaction prior to final plat approval.

19.02.110    Appeal.

19.02.010 Purpose.

The purpose of this title is to promote the public health, safety and general welfare through the regulation of the division of land into lots, tracts, parcels, sites or subdivisions for sale or lease in accordance with the scope and purpose of this title and to establish regulations and procedures for review and approval of land divisions or the revision thereof that are in conformance with the comprehensive plan, the critical areas code, the shoreline master program, the concurrency management code, the stormwater utility standards, the flood damage prevention code and other applicable design and development standards of the city of Sultan.

This title is intended to provide high-quality, well-designed neighborhoods that are considerate of the city’s natural features. This title implements the comprehensive plan land use element by supporting and encouraging new residential development that is compatible with surrounding land uses and the natural environment. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.020 Applicability of provisions.

Every division of land for the purpose of sale, lease or transfer into lots, tracts, parcels, sites or subdivisions for sale or lease within the city shall proceed in compliance with the provisions of this title. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.030 Preapplication conference.

A. Purpose. The purpose of a preapplication conference is for the prospective applicant and city staff to gain a common understanding of the nature of the contemplated development and subsequent development and any procedures, rules, standards and policies which may apply.

The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated subdivision and subsequent development. Such information may include photographs, sketches and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section.

B. Preapplication Conference Process.

1. Prior to the filing of a land division application, the developer shall, except where specifically exempted by other provisions of this title, apply for a preapplication conference on forms provided by the director along with fees as established by the city of Sultan annual fee schedule.

2. The development review team shall advise the developer as to procedure, conformity to applicable ordinances and development standards and applicable comprehensive plan policies.

3. Attendance and participation in a preapplication conference shall not vest an application. Vesting of an application shall only occur when a complete land division application has been submitted and accepted for review along with the applicable fee as provided by the city of Sultan annual fee schedule. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.040 Scope and exceptions.

A. Scope.

1. The division of land within the city of Sultan shall comply with Chapter 58.17 RCW.

2. Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of the code shall prevail.

B. Exceptions. This section shall not apply to divisions and activities described as inapplicable in RCW 56.17.040; provided, that boundary line adjustments and lot consolidations are subject to the provisions contained in Chapter 19.06 SMC; provided further, that binding site improvement plans are subject to the provisions contained in Chapters 19.18 and 19.20 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1200-14 § 2; Ord. 1144-12 § 2 (Exh. A))

19.02.050 Replats.

Replats are required when there is a further division of lots or tracts or the creation or relocation of lot, tract, street or boundary lines within a subdivision previously approved and recorded, except as allowed by Chapter 19.16 SMC, Boundary Line Adjustments.

A. Replats of recorded plats shall meet all requirements for preliminary and final plats and shall be reviewed and processed in the same manner.

B. When lots and/or tracts within a recorded plat are proposed for a replat, the application for a replat shall contain the signatures of a majority of owners of lots and tracts in the plat as provided by RCW 58.17.125, together with approvals by all financial institutions holding liens or encumbrances on such property. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.060 Correction of platting errors.

Errors discovered in a recorded plat may be corrected by the city by recording a correction or errata notice with the county auditor. The owner shall designate the city as its attorney in fact for such limited purposes as required by this chapter. Such corrections shall not constitute a replat as described in SMC 19.02.050. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.070 Time limitations and expiration of preliminary plat approval.

A. Expiration of Preliminary Plat Approval. As provided by RCW 58.17.140, preliminary plats approved under the provisions of this title expire:

1. Five years from the date of preliminary plat approval, if said approval is on or after January 1, 2015; or

2. Seven years from the date of preliminary plat approval, if the date of said approval was on or before December 31, 2014.

B. Extensions Limited. The director may administratively authorize, through a Type I land use action, a one-time two-year extension of a preliminary plat approval. For purposes of this section, the authority to issue extensions shall apply to preliminary plat approvals previously issued by the city.

C. Extension Criteria. Extension may be issued one time for any preliminary subdivision plat approval, subject to the following criteria and conditions:

1. An applicant for an extension shall make a written request for the extension a minimum of 30 calendar days prior to expiration of the preliminary plat approval.

2. An extension approval shall be granted if the director or designee finds:

a. There have not been any substantial changes in the laws governing the development of the plat, with which lack of compliance would be contrary to the public health, safety and welfare; or

b. The applicant has pursued final platting diligently, as evidenced by progress on final surveying, engineering, construction or the financial security of improvements; or

c. There have been substantial changes in economic conditions and market forces that have substantively limited the ability of the applicant to pursue final platting.

3. Any extension approval shall be conditioned upon the applicant’s compliance with federal, state, and local mandates related to life, health and safety in effect at the time the extension is approved.

4. Any extension approval may also be conditioned upon additional requirements which are determined by the director to be necessary to benefit the public health, safety and welfare.

D. Expiration. A plat granted preliminary approval, but not filed for final plat approval within the time periods allowed by this section, shall be null and void.

E. A plat granted preliminary approval, but not filed for final plat approval within the applicable time period or extended time period, shall be null and void. (Ord. 1284-17 § 2 (Exh. B); Ord. 1258-17 § 1; Ord. 1144-12 § 2 (Exh. A))

19.02.080 Placing lots or parcels on assessment rolls.

No lot or parcel of land subject to the provisions of this title shall be placed on the county assessor’s tax rolls until an approved subdivision plat or other required land division authorization and required accompanying documents have been filed for record with the Snohomish County auditor. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.090 Administrative authority.

Review and approval authority for land divisions is vested in city staff, the hearing examiner and/or the city council as provided in the specific land division process chapters of this code. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.100 Transaction prior to final plat approval.

A. No developer or agent of a developer is permitted to advertise or accept an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land, following preliminary plat approval of a short subdivision, long subdivision, or binding site plan, but prior to final plat approval unless the offer is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter.

B. Escrow for Deposits. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))

19.02.110 Appeal.

Regulations governing appeal of the city’s decisions on land division applications are contained in Chapter 19.36 SMC. (Ord. 1284-17 § 2 (Exh. B); Ord. 1144-12 § 2 (Exh. A))