Chapter 16.20
SHORT SUBDIVISIONS

Sections:

16.20.010    Purpose.

16.20.020    Scope.

16.20.030    Application requirements.

16.20.040    Review process.

16.20.050    Application review issues.

16.20.060    Approval criteria.

16.20.070    Effective period of preliminary short subdivision approval.

16.20.080    Modifications to an approved preliminary short subdivision.

16.20.090    Short subdivision amendment.

16.20.100    Accumulative short subdivisions.

16.20.010 Purpose.

The purpose of this chapter is to regulate the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership within the town. The procedures regulating short subdivisions are established to promote orderly and efficient division of land and to comply with the provisions of Chapter 58.17 RCW and all applicable comprehensive plan provisions and zoning and land use codes and ordinances as adopted by the town of Waterville. (Ord. 612 § 1, 2001).

16.20.020 Scope.

A. Short subdivisions shall include any land being divided into four or fewer parcels, lots, tracts, sites or divisions, and which land has not been divided in a short subdivision within the previous five years, and shall meet the requirements of this title. Short subdivisions shall require improvements so that any development will be in compliance with all applicable provisions of the WMC and the Waterville urban area comprehensive plan and all other officially adopted planning documents that may apply.

B. Land within a short subdivision may not be further divided using the short subdivision process within a period of five years from the date of recording of a final short plat with the Douglas County auditor without the filing of a final plat in accordance with the provisions established in this title for major subdivisions. However, when the short subdivision contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short subdivision from filing an alteration within the five-year period to create up to a total of four lots within the original short subdivision boundaries. (Ord. 612 § 1, 2001).

16.20.030 Application requirements.

A. Applications for short subdivisions shall be made on forms provided by the town and shall be signed by the property owner. To be considered a complete application, in addition to the applicable fee and the information required by WMC Title 14, the information identified in WMC 16.16.030, Application requirements, shall be submitted.

B. Upon review of an application, the town may require additional pertinent information as needed to satisfy any regulatory requirements. For short subdivisions, the town may waive the requirements of WMC 16.16.030, Application requirements, pertaining to showing existing and/or proposed public improvements during the preliminary review process when it is determined by the town that required improvements will, in general, be simple, straightforward extensions of existing facilities. (Ord. 612 § 1, 2001).

16.20.040 Review process.

A. Applications for a short subdivision shall be processed according to the procedures set forth in WMC Title 14 for “full administrative review.”

B. The town shall solicit comments on the proposed short subdivision from the public works superintendent, fire chief or designee, local utility providers, law enforcement provider, building official, school district, Douglas County departments, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.

C. Based on comments from town departments and applicable agencies and other information, the town shall review the application subject to the criteria of WMC 16.16.060. A proposed short subdivision shall only be approved when consistent with all applicable provisions of the WMC and the town’s adopted planning documents.

D. Pursuant to RCW 58.17.140, preliminary short subdivision applications shall be approved, disapproved or returned to the applicant for modification or correction within 30 days from the date of filing thereof unless the applicant consents to an extension of such time period. (Ord. 612 § 1, 2001).

16.20.050 Application review issues.

The following issues, as minimum criteria, shall be reviewed by the administrator, subsequent to distributing the short subdivision application to the entities identified within this chapter, to determine the feasibility of development of the short subdivision. The administrator shall document, in a brief written report, the disposition of these issues for each application for short subdivision, which documentation is to be made a part of the record and decision on the short subdivision application:

A. Whether the proposed short subdivision follows all zoning regulations, critical areas regulations, development standards, ordinances, the comprehensive plan and documents submitted pursuant to the State Environmental Policy Act (SEPA), if applicable.

B. Whether the proposed short subdivision complies with the town’s public improvement requirements including, but not limited to:

1. The proposed street system, sewage disposal system, storm sewer system and water supply system;

2. Requirements needed to minimize flood hazard and damage including utilities located and constructed to minimize or eliminate flood damage and to insure that an adequate drainage system is provided to reduce exposure to flood damage shall be attached to and made a part of the planning commission’s report for transmittal to the town council;

3. Improvements required pursuant to this title; and

4. Any easements required.

C. Whether the proposed short subdivision complies with the minimum fire protection standards including, but not limited to:

1. The adequacy of access for emergency vehicles;

2. Location of the fire hydrants and adequacy thereof;

3. Adequacy of water supply for fire protection purposes; and

4. Other matters affecting fire safety and fire protection, including any temporary fire protection measures needed during the development of the subdivision.

D. Whether the proposed short subdivision complies with and/or has any effects on matters related to any public health issues. (Ord. 612 § 1, 2001).

16.20.060 Approval criteria.

A. The criteria described in WMC 16.16.060, Approval criteria, are the minimum measures by which all proposed short subdivisions will be considered. Proposed short subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon written finding by the administrator, pursuant to WMC Title 14 that all of the items in WMC 16.16.060 have been satisfied.

B. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed short subdivision may be denied because of flood, inundation or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat. Where any portion of the proposed short subdivision lies within a flood control zone, as specified by Chapter 86.16 RCW, the town shall not approve the preliminary short subdivision without prior written approval of the Washington Department of Ecology. In such cases, no development permit associated with the proposed short subdivision shall be issued by the town until flood control problems have been resolved.

C. Notwithstanding approval criteria set forth in subsection A of this section, in accordance with RCW 36.70A.070(6)(b) as now adopted and hereafter amended, a proposed short subdivision shall be denied if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. (Ord. 612 § 1, 2001).

16.20.070 Effective period of preliminary short subdivision approval.

Preliminary short subdivision approval shall be effective for two years following final action by the administrator. A final plat meeting all requirements of this chapter shall be submitted to the town for final approval, pursuant to Chapter 16.28 WMC, within two years of the date of the preliminary short plat approval. (Ord. 612 § 1, 2001).

16.20.080 Modifications to an approved preliminary short subdivision.

A. Minor modifications to a previously approved preliminary short subdivision, not involving the location or relocation of a lot, tract or parcel lot line and not involving the location or relocation of a street, may be requested by the applicant and approved by the town subject to the provisions for “limited administrative review” in WMC Title 14. Before approving such amendment, the administrator shall make written findings and conclusions that the following exist:

1. The modification will not be inconsistent or cause the short subdivision to be inconsistent with the findings, conclusions, and decision of the town to preliminarily approve the land division;

2. The modification will not cause the short subdivision to violate any applicable town policy or regulation;

3. The modification does not adversely impact public health and safety, the environment, or the delivery of services to the site;

4. The original intent of the approved preliminary short subdivision is not altered.

B. Modifications which exceed the criteria above shall be processed as a new application. (Ord. 612 § 1, 2001).

16.20.090 Short subdivision amendment.

A. Once a short subdivision has been recorded with the Douglas County auditor, it can be amended or vacated in whole or part, subject to the limitations described in WMC 16.20.020 and in RCW 58.17.060. All proposed alterations or vacations that include public dedications shall be processed in accordance with Chapter 16.36 WMC, Plat Alterations. If the proposed alteration does not involve a public dedication, the altered short subdivision shall be processed in accordance with this section.

B. The amended short plat must comply with all of the procedures and requirements of this chapter; however, a new survey shall not be required except for new lines created by the amended short plat.

C. The title of the altered short plat shall be “Short Subdivision No. _____ Amending Short Subdivision No. ____.”

D. Minor errors not involving a change in lines may be corrected by the survey or upon approval of the administrator by recording an affidavit with the Douglas County auditor specifically referencing the short plat by number and the correction. (Ord. 612 § 1, 2001).

16.20.100 Accumulative short subdivisions.

Accumulative short subdivisions are not permitted. The short subdivision process may not be utilized to apply for a series of short subdivisions within two years from any application, thereby circumventing the major subdivision procedures. (Ord. 612 § 1, 2001).