Ordinance 1703N
ORDINANCE NO. 1703
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING REGULATIONS RELATING TO PLATTING AND
SUBDIVISION OF LAND WITHIN SAID CITY, AND PROVID-
ING PENALTIES FOR VIOLATIONS THEREOF; CREATING A
NEW CHAPTER, CHAPTER 12.10 IN THE EDMONDS CITY
CODE ENTITLED SUBDIVISION CODE AND REPEALING
CHAPTER 12.08 OF THE EDMONDS CITY CODE IN MODIFI-
CATION OF PLANNING COMMISSION RESOLUTION NO. 431.
WHEREAS, pursuant to public hearing and notice thereof and
pursuant to the recommendations of the Planning Commission of -the City
of Edmonds, Washington to adopt a certain Subdivision Code for the City
of Edmonds, Washington, and
WHEREAS, said City Council having determined that the
recommended Subdivision Code would be the most advantageous for the
development and appropriate use of property, within said City as modified
and would be in the best interest of the health, safety, morals and
general welfare of the public, now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 12.10.010 - TITLE. CREATION OF CHAPTER -
TITLE. There is hereby created a new Chapter in the Edmonds City code;
Chapter 12.10 entitled "Subdivision Code."
Section 2. Section 12.10.020 PURPOSE. The purpose of this chap-
ter is to regulate the subdivision of land and to promote the public health,
safety, and general welfare; to prevent the overcrowding of land; to pro-
vide for orderly development of land; to lessen congestion in the streets
and highways; to provide adequate light and air; and to facilitate adequate
provisions for water, utilities, sewerage, parks and recreational areas,
storm drainage, sites for schools, and other public requirements; to provide
for ingress and egress; and to require uniform monumenting of land subdivisions
and conveyancing by accurate legal descriptions.
Section 3. Section 12.10.030 SCOPE.
(1) Applicability - This ordinance shall regulate"all divi-
sions of land for any purpose except as provided in subparagraph 2 herein
below.
(2) Exceptions,- The provisions of this ordinance shall not
apply to:
(a) Cemeteries and other burial plots while used for
that purpose.
(b) Divisions of land into lots or tracts, where the
smallest lot is twenty (20) acres or more, and not containing a dedication
of public right-of-way.
(c) Divisions made by testamentary provisions, the laws
of descent, or upon Court order.
J
Section 4. Section 12.10.040 DEFINITIONS. Whenever the following
words and phrases appear in this chapter, they shall be given the meaning de-
fined below. Where not inconsistent with the context, the words used in the
present tense shall include the future; the singular shall include the plural,
and the plural the singular; the masculine shall include the feminine; the
word "shall" is always mandatory, and the word "may" indicates a use of dis-
cretion in making a decision.
(1) Adjacent_ Property Owners - Any property owner of record,
according to the records of the County Assessor, whose property adjoins or
abutts property proposed for division, or any portion thereof, or whose pro-
perty is within 80 feet of the property proposed for division, or any portion
is directly across a street or public right-of-way which is contiguous to
both properties.
(2) Buildinq Envelope - The three dimensional allowable
building space defined by the yard setbacks and height restrictions.
(3) City Planner - The City Planner is charged with the re-
sponsibility of administering this chapter. He shall exercise the administra-
tive powers, functions and duties necessary to carry out the purpose of this
ordinance and recommend approval or disapproval of proposed subdivisions and
short subdivisions. The City Planner as used herein shall mean the head of
the City Planning Department or such assistant as he shall designate.
(4) Dedication - The deliberate appropriation of land by an
owner for any general and public uses, reserving to himself no other rights
than such as are compatible with the full exercise and enjoyment of the pub-
lic uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a final plat
or short plat showing the dedication thereon, and, the acceptance by the pub-
lic shall be evidenced by approval of such plat for filing by the city.
(5) Final Plat - A final, precise drawing of the proposed sub-
division or short subdivision with dedication which contains all requirements
of this chapter and has been approved by the City Council. The format of the
drawing shall meet standards defined by the City Engineer.
(6) Lot - A fractional part of subdivided land having fixed
boundaries being of sufficient area and dimension to meet minimum zoning re-
quirements for width and area. The term shall include tracts or parcels and
any other requirements defined by this ordinance.
(7) Plat - Is a map or representation of a subdivision show-
ing thereon the division of a tract or parcel of land into lots, blocks,
streets and alleys or other subdivision requirements, conditions or dedica-
tions.
(8) Preliminary Plat - The neat and approximate drawing of
a proposed subdivision or short subdivision, showing the general layout of
streets, and alleys, lots, blocks, and restrictive covenants, to be appli-
cable to the subdivision, and other elements of a plat or subdivision which
shall furnish a basis for the approval or disapproval of the general layout
of a subdivision. The plat will be so designated until improvements shown
on the approved drawings are installed or a sufficient bond or other suit-
able security is posted to ensure and assure installation.
(9) Recorded Plat - A final, approved drawing of proposed
subdivision, or short subdivision with dedication, that has been filed for
record with the County Auditor.
(10) Short Plat - Is a map or representation of a short sub-
division.
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(11) Short Subdivision - The division of land into four or
less lots, tracts, parcels, or sites for any purpose other than as excepted
in 12.10.030 (2).
(12) Subdivider,- Any person, firm, corporation, or other
entity undertaking, or having an interest in title to the land being divided
into lots, tracts, or parcels.
(13) Subdivision - A division of land into five or more lots
tracts, parcels, sites, or divisions for the purpose of sale, lease, ift,
or development, or other purpose other than as excepted in 12.10.036 ?2)
and shall include all resubdivisions of land.
Section 5. Section 12.10.050 DESIGN AND GENERAL CRITERIA. When-
ever in this chapter a review is made by any agency of the city (including
the City Planner, City Engineer, or other city departments or personnel, the
Planning Commission and/or the City Council) of any subdivision, short sub-
division, lot line adjustment or dedication, said agency shall inquire into
the following matters:
(1)
General Criteria
(a) The purposes set forth in Section 12.10.020 are
satisfied.
(b) Assure there is conformance to the general pruposes
of the comprehensive plan and planning standards and specifications set forth
in Title 12 of the Edmonds City Code, and all other applicable building, im-
provement and planning codes and resolutions adopted by the City of Edmonds
and its various boards and commissions.
(c) Assure that appropriate provisions are made for, but
not limited to, drainage ways, streets, alleys, other public ways, water sup-
plies, sanitary wastes, parks, playgrounds, sites for schools and school
grounds, and all other relevant facts, including but not limited to a consid-
eration of the physical characteristics of the proposed site,
(d) The procedure for subdividing tidelands and shore-
lines shall be the same as governed by this chapter and any additional re-
quirements imposed by the Shorelines Management Act (Chapter 286, Laws of 1971,
1st Ex, Sess.) Laws of the State of Washington and as it shall be amended from
time to time.
The reviewing agency shall recommend approval, or shall approve, any applica-
tion governed by this Chapter only after determining and finding that the pub-
lic use, interest, health, safety and general welfare are satisfied and pro-
vided for as set forth herein and any approval or recommended approval shall
be deemed to include such finding and determination without the necessity of
so stating on each occasion.
Q (2) Design Criteria
(a) Environmental Impact - The City Planner may require
additional information from the applicant to determine whether the project
must be reviewed under the provisions of the State of Washington Environmental
Protection Act of 1971 (RCW 43.21C) and as the same may be amended and supple-
mented from time to time. Preliminary approval of the subdivision shall not
be given until all requrements of the Act are fulfilled. If a stream or
natural drainage way exists in the proposed subdivision, it shall not be
altered until an assessment is made of potential environmental effects.
(b) Improvements and Dedications
(1) The City Planner and/or the City Engineer shall
define and specify the improvements necessary to meet the requirements of this
section. Required improvements may include, but are not limited to, streets,
curbs, sidewalks, water connections, sewers or other approved sanitary faci-
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lities, drainage systems, and undergrounding of utilities. The subdivision
shall also meet the following conditions:
(a) In order to provide the most advantageous
development of the proposed subdivision and adjacent areas, the subdivision
shall provide for the continuity of streets and utilities and shall conform to
the Standard Drawings and Specifications for Streets and Utilities Construc-
tion, Section 7.01 of the Edmonds City Code.
(b) If a public sewer main is not located with-
in eight hundred feet of the proposed subdivision, the following shall be con-
sidered reasonable in lieu of a distributions system: Where the zoned lot size
is 20,000 square feet or more and where the soil conditions have been found
satisfactory by the City Engineer and Health Officer, septic tanks, or other
methods of handling wastes shall be installed in accordance with the standards
and under the supervision of the City Engineer. Where septic tanks are pro-
vided on lots facing or abutting a body of water, the developer, in addition
to the provisions herein contained, shall install the septic tank in the upland
one hundred feet from the mean higher high water line. Where septic tanks are
provided, the minimum lot area for each septic tank system shall be specified
in the deed of each lot, and said deed provisions shall be acceptable to and
approved by the City Engineer.
(c) Underground utilities shall be provided as
required by Sec. 6.30 of the Edmonds City Code. (Underground Electrical and
Communication Facilities).
(d) Monuments shall be placed at all street
intersections, boundary angle points, points of curbs in streets, and at such
intermediate points as required by the City Engineer. Monuments shall be of
a type specified by the City Engineer and set as specified by the City Engineer.
All lot and block corners shall be set with an iron pipe or pin at least eight-
een inches in length. (Ord. 790 G, as amended by Ord. 987; May 7, 1963.)
(2) The subdivider shall make available, for public
acquisition, such lands in the area to be subdivided as are designated by
official planning for parks, playgrounds, and public buildings. (Ord. 790 D1;
October 20, 1959.)
(c) Protection of Physical Characteristics of the Site.
(1) Flooding and Other Hazardous_ Conditions- Where
the Planning Commission has determined that the land is unsuitable or inappro-
priate for subdivision due to flooding, inundation, swamp conditions, steep
slopes, rock formations, hazardous soil conditions or other features likely to
be harmful to the safety, welfare and general health of the future residents or
adjoining residents, the land shall not be subdivided until the following con-
ditions are satisfied:
(a) Provision is made for construction of
protective improvements by the developer and the improvements are approved
by the City Engineer.
(b) Where topographical slopes are 15% or
more the Planning Commission may impose additional requirements which will
afford protection to future and adjoining residents.
(c) The effect of alteration of the site has
been assessed under the provisions of Sec. 12.10.050 (2) (a). (Environmental
Impact).
(d) No plat shall be approved which is sit-
uated in a flood control zone as provided in RCW Chapter 86.16, without
approval of the Department of Natural Resources, State of Washington.
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(2) Tree Cutting - If preservation of the existing
trees would enhance the appearance of the subdivision, or reduce erosion and
other negative environmental effects, the City Planner may impose tree -cutting
restrictions on trees eight (8) inches in diameter or larger. Such restric-
tions shall remain in effect on each lot in the subdivision until the build-
ing permit is issued for construction.
(3) To a rah - Placement of streets and lots in
relation to topography shall be considered in order to minimize filling,
grading or other alterations of existing conditions.
(4) Notation of Special Restrictions - Any special
restrictions, conditions or improvements required for approval of the subdivi-
sion shall be noted on the final plat.
(d) Subdivision Design - The configuration of streets
and lots shall be designed in a way which will best serve the public health,
safety and welfare. Consideration shall be given, but not limited to the
following:
(1) Lot Dimensions - The lot shall be designed to
the dimensions prescribed by the Edmonds Zoning Ordinance, Chapter 12.13,
for the zone in which the property is situated.
(a) In the event of any lot being situated in
more than one zone, the dimensions prescribed for the most restrictive zone
shall apply to that lot.
(b) Where residential subdivisions are per-
mitted in non-residential zones, the lots shall meet the requirements of the
RS-6 zone as defined in Section 12.13.050.
(c) Lot dimension ratio: The ratio of the
lesser dimension divided by the greater dimension shall not be less than .4.
The dimensions shall be measured as defined by lot depth and width in Sec.
12.12.130 of the Zoning Ordinance.
(d) Corner Lots: The building envelope area
shall not be less than 35% of the lot area specified in the zoning ordinance.
(2) Lot Frontage - Lots shall not front on highways,
arterials, collector streets, railways, developed businesses or industrial
areas.
(3) Protection of Natural Features and Environmental
Amenities - Lots shall be designed in a manner that will preserve desirable
natural features and protect views, open spaces and other environmental amen-
ities.
(4) Walks or pedestrian ways shall be required
when the Planning Commission determines they are necessary to provide acc-
ess to schools, parks and playgrounds, public facilities, water bodies or
tidelands.
(5) Computation of minimum lot areas or dimensions
shall not include any area used as access to any lot regardless of whether
the rights of access are by easement or fee ownership. This exclusion shall
include but not be limited to access easements and/or access panhandles.
Section 6. Section 12.10.060 APPLICATION AND FEES.
(1) Application
(a) An application form to be supplied by the City
Planning Department shall be completed and submitted to the City Planner.
The application shall be accompanied by five (5) prints of the preliminary
plat.
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(b) The Subdivider shall provide a list of names, add-
resses and zip codes of all adjacent property owners, as defined in Sec.
12.10.040 (1), or their representatives.
(c) Upon receipt of the application, proposed plat,
and fee, the City Planner shall assign a file number and record the filing
date.
(2) Fees - Applications shall be accompanied by the appropri-
ate fee as follows:
(a) Preliminary Subdivision Fee (5 or more lots) -
A service and administrative fee of Five Dollars '($5.00) per lot, or one -
twentieth (1/20) of one cent ($.01) per square foot of lot area included in
the proposed subdivision, whichever is greater, provided, however that the
minimum fee for such application shall be Fifty Dollars ($50.00).
(b) Preliminary Short Subdivision Fee (4 lots or les
A service and administrative fee of Ten Dollars ($10.00) per lot shall be
made for each lot included in the short subdivision.
(c) Lot Line Adjustments Fee - A service and adminis-
trative fee of $10.00 shall accompany the application.
(d) Public Improvement Inspection Fee - An inspection
fee in the amount of 2.2% of the estimated construction cost for the public
improvements shall be provided subsequent to the approval of the development
and engineering plans by the Engineering Department.
(e) Final Plat and Plat Checking Fee - The City Engineer
shall have a field and office check made of the plat before final approval is
granted. The amount of the plat checking fee shall be $5.00 per lot, or one -
twentieth of one cent ($.01) per square foot of lot area included in the sub-
division, whichever amount is greater. The minimum fee for subdivision is
$50.00, and includes one plat check. If the plat is rechecked the applicant
shall pay for each additional plat check.
Section 7. Section 12.10.070 REQUIREMENTS FOR PRELIMINARY PLATS
The City Planner and the City Engineer may require any information on the pre-
liminary plat which is necessary to determine if the proposed subdivision
makes appropriate provision for the public health, safety and welfare. Plats
of subdivisions must be prepared by a Licensed Professional Land Surveyor lic-
ensed in the State of Washington. The preliminary plat shall include, but
not be limited to the following information:
(1) Identification and Map
(a) The name of the preliminary plat
(b) Legal description of the preliminary plat
(c) Existing zoning classifation
(d) Name, address, telephone number and official seal
of the Licensed Professional Land Surveyor.
(e) A vicinity sketch.
(f) Date, scale and north point. The scale shall be one
of the following: 100 feet to the inch, 60, 50, 40, 30, or 20 feet to the
inch.
(g) The boundary lines of the tract to be subdivided and
acreage of the tract.
(h) Zoning boundary lines, if any.
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(i) Lot dimensions,'lot area (in square feet) and number
of lots. Lots should be numbered consecutively from one (1) to total number
of lots.
(j) Setback lines on each lot as required by the zoning
ordinance.
(k) If there is a previous plat all existing property
lines shall be shown by dotted lines.
(1) Contour lines at five (5) foot intervals or less
if necessary.
(m) The location, width and name, where applicable, of
all streets, public ways, easements, or other rights -of -way, and water courses
within 200 feet of the proposed subdivision.
(n) All existing structures in their location.
(o) Layout and width of proposed rights -of -way or
easements within the plat.
(p) All parcels of land intended to be dedicated or
reserved for public use or reserved in the deed for common use of the owners
with the purpose clearly indicated.
(q) The approximate location of each area covered by
trees and general identification of trees within the plat.
(r) Source of water supply and name of supplier.
(s) Method of sewage disposal and name of municipal
system if sanitary sewer used.
(2) Ownership
(a) Names, addresses and telephone numbers of all per-
sons who have an interest by reason of ownership, contract of sale, earnest
money agreement, or option in the land in the proposed subdivision and any
identified land contiguous to the subdivision where such persons have an in-
terest in the format of a title report.
(b) Names of adjacent plats and the name of owners of
adjacent non -platted property.
Section 8. Section 12.10.080 PRELIMINARY -BEARING
(1) Notice of Hearing - Upon receipt of an application for pre-
liminary approval of a plat of a subdivision, the City Planner shall set a
date for a public hearing by the Planning Commission. Notification of the
date, time and place of the public hearing shall be given by:
(a) Publication of at least one notice not less than ten
(10) days prior to the hearing in the official newspaper of the City; and
(b) At least three (3) copies of the notice of public
hearing shall be posted in conspicuous places on or adjacent to the subject
property not less than ten (10) days prior to the hearing; and
(c) Notices shall be sent to adjacent property owners at
the addresses provided by the subdivider and shall be posted in the U.S. Mails
not less than ten (10) days before the hearing.
(2) Upon the filing of a preliminary plat, the City Planner shall
also notify the following organizations or officials as to the description of
the property to be subdivided and the date, time and location of the public hear-
ing, when;
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i. (a) The proposed subdivision is adjacent to the corp-
orate limits of the City, notice shall be given to the appropriate county or
adjacent City officials.
(b) The proposed subdivision contemplates the use of
another municipality's utilities, notice shall be given to said municipality.
(c) The proposed subdivision is adjacent to the right-
of-way of a State Highway, notice shall be given to the State Department of
Highways.
(3) Staff Review - The City Planner shall distribute copies
of the proposed subdivision to the City Engineer and other appropriate city
departments and staff.
(a) Criteria for Recommendation - The City Planner's
recommendation to the Planning Commission an City Council for approval or
disapproval and the Planning Commission and City Council's approval or disap-
proval shall be based on the criteria defined in Section 12.10.050.
(b) Completion of Staff Review - Staff review shall be
completed within ten (10) working days of the date of filing of the applica-
tion for preliminary approval. The City Planner shall prepare a report to
be forwarded to the Planning Commission setting forth the findings of the
staff, together with a listing of all required improvements or dedications,
conclusions of the staff and the staff's recommendation of approval, disa-
pproval or referral back to the applicant for further revision. A copy of
this report shall be mailed to the applicant at the address set forth in the
application.
(4) Public Hearing_- The Planning Commission shall hold a
public hearing to review proposed subdivisions. The Planning Commission's
recommendation to the City Council of approval or disapproval of the subdivi-
sion at the preliminary hearing shall be advisory only. The preliminary hear-
ing by the Planning Commission shall be held within thirty (30) days of the
date of the filing of the application for preliminary approval.
Section 9. Section 12.10.090 REVIEW BY CITY COUNCIL - HEARING OF
CHANGES - Within fourteen 14 days after the preliminary hearing y the
Planning Commission, a recommendation for approval or denial shall be sub-
mitted to the City Council. Upon receipt of the recommendations of the Plann-
ing Commission, the City Council shall at its next public meeting, set a date
for a public hearing where it may adopt or reject the recommendations. If a
decision is made to change the recommendations, the City Council shall open
the hearing to the public prior to adopting any changes and approving or dis-
approving the preliminary plat. Preliminary approval by the City Council shall
be valid for one year unless a time extension is granted by the Planning
Commission. The Planning Commission may grant one extension not to exceed a
one year period.
Q.11 Section 10. Section 12.10.100 RECORD OF HEARINGS - A record of all
public hearings of the Planning Commission and City Council shall be kept and
minutes of each such meeting in summary form shall be deemed compliant with
this requirement.
Section 11. Section 12.10.110 NOTIFICATION OF PRELIMINARY APPROVAL
OR DISAPPROVAL - The City Council shall either approve, disapprove or"return
the proposed subdivision to the applicant for modification or correction within
a period of sixty (60) days from the date of the filing of the application with
the City Planner, unless the applicant consents to an extension of such time.
Section 12. Section 12.10.120 INSTALLATION OF IMPROVEMENTS
(1) Written Agreement - The subdivider and the City Engineer
shall agree in writing on a schedule for installation of required improvements
in accordance with Sections 12.10.050. The subdivider may then make application
for such permits from local officials as are necessary to procede with the im-
provements.
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(2) Design and Certification of Improvements - If the City
Engineer and/or the City Planner determine that it is necessary, they may re-
quire the subdivider to provide that improvements such as streets, sewers
and water systems be designed and certified by or under the supervision of
a licensed civil engineer.
(3) Financial uurantee and Time Limit - Improvements shall be
installed before the proposed plat receives final approval unless the sub-
divider shall financially guarantee same within one year by posting an ade-
quate bond or other suitable security in the amount equivalent to the esti-
mated construction cost of the public improvements plus 10%. If the subdivider
does not meet this requirement, preliminary approval of the subdivision shall
be deemed expired.
(4) Acceptance and Guarantee - The public improvements shall
not be finally accepted by the City Engineer for the City of Edmonds until the
City has been furnished a bond in the amount of 15% of the cost of said im-
provements to uarantee against defects or workmanship and materials for a
period of two ?2) years from the date of such final acceptance.
Section 13. Section 12.10.130 FINAL PLAT APPROVAL
(1) Time for Approval - The final plat shall be approved, dis-
approved or returned to the applicant within thirty (30) days from the date of
filing thereof, unless the applicant consents to an extension of such time
period.
(2) General Peguirements - The final plat shall meet the re-
quirements of the preliminary plat and shall incorporate any modifications re-
quired as a condition of approval of the preliminary plat. The final plat shall
be submitted with required fees.
(3) Survey and Monuments
(a) The final plat shall be accompanied by a complete sur-
vey of the section or sections,in which the plat or replat is relocated, or as
much thereof as may be necessary to properly orient the plat within such section
or sections. The plat and section survey shall be submitted with complete field
and computation notes showing the original or reestablished corners with des-
criptions of the same and the actual traverse showing error of closure and
method of balancing. A sketch showing all distances, angles and calculations
required to determine corners and distances of the plat shall accompany this
data. The allowable error of closure shall not exceed one foot in five thousand
feet.
(b) In addition, the survey of the proposed subdivision and
preparation of the plat shall be made by or under the supervision of a licensed
professional land surveyor who shall certify on the plat that it is a true and
correct representation of the lands actually surveyed.
(c) Permanent control monuments shall be established at
each and every controlling corner on the boundaries of the parcel of land being
subdivided and such other points as the City Engineer shall determine are nec-
essary.
(Note: Applicable state law, RCW 58.17.160 (2) and RCW 58.17.250, respectively.)
(4) Description and Owner's Statement - The plat shall contain a
certificate giving a full and correct description of the lands divided as they
appear on the plat including a statement that the subdivision has been made with
the free consent and in accordance with the owner's desires.
(5) Dedication - The plat shall also contain a certificate of
dedication for all areas deeded to the public for street, utility or other pur-
poses required by this chapter. Such certificate of dedication shall be pro-
perly notarized and shall be considered, to all intents and purposes, a quit-
claim deed to the City. Every plat containing a dedication must be accompanied
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by a title report containing the legal description of the property, and con-
firming that the title of said subdivision property does belong to the
stated owner or owners. Final approval of the plat by the City shall be evi-
dence of acceptance of the dedications. Dedications shall include waiver of
right of direct access to any street from any property if required as a con-
dition of approval. All roadways not dedicated to the public must be clearly
marked on the face of the plat.
(6) Additional Requirements - Each plat or replat of any pro-
perty filed for recording shall contain:
(a) A statement of approval by the City Engineer as to
the survey data, the layout of streets, alleys and other rights -of -way, de-
sign of bridges, sewage and water systems and other structures.
(b) Contain a certification from a proper officer in
charge of tax collections that all taxes and delinquent assessments for whch
the property may be liable as of date of certification have been duly paid,
satisfied or discharged.
(c) Shall contain a waiver of all claims for damages
against any governmental authority which may be occasioned to the adjacent
land by the established construction, drainage and maintenance of improve-
ments required to be installed in said plat.
(7) Statement of Examination and Approval - Each and every pre-
liminary plat submitted for final approval shall be accompanied by reports
recommending approval or disapproval from the following City departments or
other agencies:
(a) The City Planner and the City Engineer shall certify
that the plat has been examined and approved as complying with all terms of
the preliminary approval of the proposed plat, subdivision or dedication.
(b) A letter shall be submitted with the final plat stat-
ing that the plat has been reviewed by the Snohomish County Public Health
Department as to the adequacy of the proposed means of sewage disposal and
water supply.
(8) Filincg Statement - The final plat shall be acknowledged
by the person filing the plat before the Snohomish County Auditor, or a notary
public, and a certificate of the acknowledgment shall be enclosed or annexed
to the plat and recorded therewith.
(Note: Applicable state statute, RCW 58.17.160 (3).)
(9) City Council Acceptance - When the City Council finds that
the public use and interest will be served by the proposed subdivision and that
the subdivision meets the requirements of the City the written approval of the
City shall be placed upon the face of the plat.
Section_ 14. Section 12.10.140 EFFECT OF REZONES. Any lots in a
final plat filed for record shall be a valid land use notwithstanding any change
in zoning laws for a period of five years from the date of filing.
(Note: Applicable state law, RCW 58.17.170)
Section 15. Section 12.10.150 SHORT SUBDIVISION AND PLAT REQUIRE-
MENTS.
(1) Requirements for Short Plats - The following materials
shall be supplied with the application for a short plat together with such addi-
tional information as may be required by the City Planner and/or the City Engi-
neer.
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(a) Map and Identification
(1) Date, scale and North point
(2) Boundary lines, accurate and to scale, of the
tract to be subdivided and each lot in the short subdivision.
' (3) The location and names, where applicable, of
all existing or platted streets within or adjacent to the proposed short sub-
division.
(4) Location and width of any rights -of -way or
easements within the proposed short subdivision.
(5) Boundaries of all land reserved in the deed for
common use of the property owners of the short subdivision.
(6) Approximate location of existing structures.
(7) Location and width of proposed access drives and
easements with ownership clearly indicated.
(8) Any existing or proposed restrictions on the
use of the land.
(b) Legal Description - A legal description shall be sub-
mitted with the application. The City Planner may require that the legal des-
cription be prepared by a licensed professional land surveyor or certified by
a title insurance company doing business in Snohomish County, Washington.
(c) Short Plat with Dedication - When land dedication is
required, the short plat shall be prepared by a licensed professional land
surveyor.
(d) Development Plan - When a short subdivision is de-
signed with lot sizes large enough to Se capable of further subdivision, the
subdivider will be required to submit a future development plan depicting that
adequate provision has been made in the proposed short subdivision for the
future needs for access, utilities, compliance with the appropriate plans of
the City and the other criteria as set forth in Section 12.10.050, of this
Chapter.
(2) Staff Review - Hearing Procedure - Appeal
(a) Staff Review - Upon receipt of the application, the
City Planner shall conduct a staff review of the proposed subdivision to deter-
mine if the proposed short plat conforms to the general and design criteria set
forth in Section 12.10.050 and based thereon, if in the opinion of the City
Planner and City Engineer, it is not in the public interest to require installa-
tion of complete improvements as otherwise required by Section 12.10.050 of
this Chapter, they shall specify what improvements shall be required to be made
as a condition of approval in order to accomplish the purpose of this section.
It is the intent of this section to permit latitude in the determination of
necessity of installation of improvements where the requirement of full im-
provements would be excessive for the proposed short subdivision.
The staff review shall be completed within ten (10) working days after receipt
of the application.
(b) Hearing Procedure - Within fifteen (15) working days
after the completion of the staff review, ^the City Planner shall hold a review
hearing and approve or disapprove the application. Prior to said hearing,
notice shall be sent to the applicant and to the adjacent property owners as
defined in Section 12.10.040 (1) whose names and addresses shall be provided
by the applicant and such notice shall be mailed and posted as provided in
Section 12.10.080 (1) (b) and (c). The notice shall contain a statement of
the nature of the application and the date, time and place of said hearing
and invite all interested persons to submit their comments concerning said
application to the City Planner, either prior to or at the hearing.
After reviewing the file and following the hearing, the City Planner shall
within three (3) working days of the completion of said hearing, prepare a
written report of his decision, which written report shall include a state-
ment of reasons for his decision. A copy of the final decision shall be
mailed to the applicant and all other persons who have made written request
for a copy of the same.
(c) Appeal. to Planning Commission - The applicant or any
interested party may appeal the decision of the City Planner by requesting
that the matter be set for public hearing before the Planning Commission.
Said request shall be in writing and must be filed with the City Planner
within fifteen (15) days from the date of completion of said hearing.
The appeal shall be set for hearing before the Planning Commission at the
earliest possible date provided, however, in no event shall the hearing be
held prior to ten (10) days after the mailing of notices of the date, time
and place of said hearing to all parties who have previously requested in
writing either a copy of the City Planners' written decision or to be noti-
fied of the appeal hearing. No other notice of the appeal hearing shall be
required to be given.
(d) Any appeal from the Planning Commission decision
shall be as provided in Section 12.10.190.
(3) Conditions of Approval
(a) Recording dedication - Short subdivisions requiring
dedications of land, inclu ing access, utility or other easements, shall be
recorded as a short plat with the Snohomish County Auditor and shall contain
a certificate setting forth:
(1) A full and correct description of the lands div-
ided as they appear on the short plat;
(2) A statement that the short subdivision has been
made with the free consent and in accordance with the desires of the owner
or owners;
(3) The dedication of all streets and other areas
to the public, and others as shown on the short plat;
(4) A waiver of all claims for damages against any
governmental authority which may be occasioned to the adjacent land by any
established construction, drainage or maintenance;
(5) Shall be signed and acknowledged before a notary
public by all parties having any interest in the lands subdivided;
(6) Shall be accompanied by a title report confirming
that the title of the lands as described and shown on said short plat is in the
name of the owners signing the certificate;
(7) A waiver of right of direct access to any street
from any property;
(8) Shall be shown on the face of said short plat,
which shall thereupon be considered as a quit claim deed to the donee or donees,
grantee or grantees for his, her or their use for the purposes intended; and
(9) As a condition for approval, said short plats
requiring a dedication may be required to be surveyed by a licensed professional
land surveyor and monuments placed on the site.
- 12 -
(b) Installation of Improvements - Installation of site
improvements may be required in order to ensure improved access and adequate
utilities. If site improvements are required to be installed, the subdivider
shall meet the requirements set forth in Section 12.10.120 of this chapter.
(c) Compliance with Conditions of AR2roval - All condi-
tions for approval shall be met by the applicant within ninety (90) days, or
the short subdivision shall be deemed expired. Sale, lease or transfer of
land within the subdivision shall not be completed until all conditions of
approval have been met.
(d) Other Conditions of Approval - Any other conditions
of approval shall be set forth in writing as a covenant running with the land
and shall be granted by the owners of the property as grantors to the City of
Edmonds as grantee, and shall be recoded by the City at the applicant's ex-
pense within ten (10) days of approval of the short subdivision.
(4) Approval of _Dedication - When a dedication is required in
a short subdivision, acceptance of said dedication, by the City Council, shall
be obtained prior to the recording of the final short plat. The City Planner
shall place the short subdivision dedication on the next public hearing agenda
of the City Council and shall notify the applicant and all other persons who
leave their name and address with the City Planner of the date of the hearing
before the City Council.
(5) Further Subdivision - Every short subdivision further div-
ided in any manner within a period of five (5) ,years from the date of approval
of the short subdivision, shall comply with all the provisions relating to
subdivisions and plats in this chapter.
(6) Record of Proceedings - A record of proceedings shall be
kept in the manner provided in Section 12.10.100.
Section 16. Section 12.10.160 LOT LINE ADJUSTMENTS
(1) Applicability - When an exchange of property is made be-
tween two adjoining lots, it shall be defined as a lot -line adjustment if it
satisfies the following criteria:
(a) Neither of the two lots affected is made substandard
with respect to the requirements for lot dimensions specified by Edmonds City
Code, Chapter 12.16.
(b) No existing building or structure is made substandard
or nonconforming in any respect.
(c) Existing easements in favor of the public are not
rendered impractical to serve their purpose.
(d) There is no dedication of land for public purposes.
(2) Application Procedure
(a) Preliminary Map - A preliminary map shall be filed
with the application and fee. The map shall contain a legal description which
has been prepared by a licensed professional land surveyor or a Title Company,
and any other information required by the City Planner or City Engineer.
(b) Staff Review - Hearing Procedure - Appeal - Staff re-
view, hearing and appeals to the Planning Commission shall becon3ucted in the
same manner as set forth in Section 12.10.150 (2) of this Chapter.
(c) Record of Proceedings - A record of proceedings shall
be kept in the manner provided in Section 12.10.100.
- 13 -
Section 17. Section 12.10.170 - MODIFICATIONS
(1) Procedure for Subdivisions
(a) Where application of the requirements of this chapter
may result in undue hardship due to special conditions or circumstances pecu-
liar to the land such as size, shape and topography, and such conditions were
► not brought upon the applicant by his own actions or the actions of his pre-
decessor in interest subsequent to the effective date of this ordinance, the
applicant may submit a request to the Planning Commission for modification of
the requirements.
(b) When a subdivider requests a modification of the pro-
visions of this ordinance, the Planning Commission shall hear the modifications
at the preliminary hearing and make recommendations to the City Council.
(c) The Planning Commission shall make their findings on
the basis of criteria defined in Section 12.16.100 of the Edmonds City Code.
(d) The City Council shall approve or disapprove the re-
quested modifications when it reviews the preliminary plat as provided in
Section 12.10.090 and shall base such approval or disapproval on the criteria
set forth in (c) above.
(2) Procedure for Short Subdivisions - Requests for modifica-
tion of the requirements of this chapter as to any short subdivision shall be
heard by the Board of Adjustment as an application for a variance as provided
by Chapter 12.16 of the Edmonds City Code.
Section 18. Section 12.10.180 PERMITS - No building permit, septic
tank permit, or other development permit, shall be issued for any lot, tract,
or parcel of land divided in violation of this chapter unless the agency author-
ized to issue such permit finds that the public interest will not be adversely
affected thereby.
(Note: Applicable state law, RCW 58.17.210).
Section 19. Section 12.10.190 APPEALS - Any final decision for
which no other direct appeal is specifically provided in this chapter approv-
ing or disapproving any subdivision, plat, short subdivision, short plat or lot
line adjustment, and for which all other appeals specifically authorized have
been timely exhausted, shall be reviewable for unlawful, arbitrary, capricious
or corrupt action or nonaction by writ of review before the Superior Court of
Snohomish County. The action may be brought by any property owner in the City,
who deems himself aggrieved thereby: Provided, That application for a writ of
review shall be made to the Court within thirty days from any decision so to
be reviewed. The cost of transcription of all records ordered certified by
the Court for such review shall be borne by the appellant.
Section 20. Section 12.10.200 PENALTIES. Any person, firm, corpo-
ration, or association who violates any provision of this chapter relating to
the sale, offer for sale, lease, or transfer of any lot, tract or parcel of
land, shall be guilty of a misdemeanor and each sale, offer for sale, lease
or transfer of each separate lot, tract, or parcel of land in violation of
any provision of this chapter shall be deemed a separate and distinct offense,
upon the conviction of which shall subject the violator to the penalties set
forth in Section 5.12.170 of the Edmonds City Code; Provided, however, that in
addition to the criminal sanctions provided herein for the violations of this
chapter the City shall have the right to comme►�ice an action to restrain and
enjoin any subdivision, sale or transfer or offers of sale or transfer, compel
compliance with the provisions of this chapter, and such other injunctive re-
lief as may be granted by a court sitting in equity jurisdiction
- 14 -
Section 21. Section 12.10.210 REPEALER - Chapter 12.08, the
prior Subdivision Code, of the Edmonds City Code is hereby repealed.
Section 22. Section 12.10.300 SEVERABILITY - If any section, sub-
section, clause or phrase of this chapter is for any reason held to be in-
valid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
chapter, it being expressly declared that this chapter, and each section,
subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted, approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be declared in-
valid or unconstitutional.
APPROVED:
N!AYOP.
ATTEST:
CITY CLERK 7
PASSED BY THE COUNCIL: March 19, 1974
FILED WITH THE CITY CLERK: February 5, 1974
PUBLISHED: March 27, 1974
FINAL !;RAFT
,,Approved by
City Council
2-5-74
SUBDIVISION CODE
12.10.010
TITLE
12.10.020
PURPOSE
12.10.030
SCOPE
12.10.040
DEFINITIONS
12.10.050
DESIGN AND GENERAL CRITERIA
12.10:060
APPLICATION AND FEES
1MO.070
REQUIRE!"IENTS FOR PRELIMINARY PLATS
12.10.080
PRELIMINARY HEARING
12:10.090
REVIEW BY CITY COUNCIL - HEARING JF CHANGES
12.10.100
RECORD OF HEARINGS
12.10.110
NOTIFICATiON 4F PRELPiNARY APPROVAL OR DISAPPROVAL
12.10.120
INSTALLATION OF IMPROVEMENTS
12.10.130
FINAL PLAT Appow,,AL
12.10.140
EFFECT OF REZONES
12.10.150
SHORT SUBRIVISIONS AND PLAT REnUIREMENTS
12.10.160
LOT -LINE A0,Y]STMENTS
12.10.170
MODIFICATIONS
12.10.180
PERMITS
12.10.190
APPALS
12.10.200
PENALTIES
1.2.10.210
REPEALER`
12.10:300
SEVEP,ABILITY
12.10.010 Title. The title of this chapter of the Edmonds
City Code shall be known as "Subdivision Code."
0
-1-
12.10.020 Purpose. The purpose of this chapter is to regulate
the subdivision of land and to promote the public health, safety,
and general welfare; to prevent the overcrowding of land; to
provide for orderly development of land; to lessen congestion
in the streets and highways; to provide adequate light and air;
and to facilitate adequate provisions for water, utilities,
sewerage, parks and recreational areas, storm drainage, sites
for schools, and other public requirements; to provide for
ingress and egress; and to require uniform monumenting of land
subdivisions and conveyancing by accurate legal descriptions.
-2-
12.10.030 Sc�.
(1) Applicability - This ordinance shall regulate
all divisions of land for any purpose except as provided in
subparagraph 2 hereinbelow.
(2) Exceptions - The provisions of this ordinance
shall not apply to.
(a) Cemeteries and other burial plots while
used for that purpose.
(b) Divisions of land into lots or tracts, where.
the smallest lot is twenty (20) acres or -more, and not
oantaining a dedication of public right-of-way.
(c) Divisions made by testamentary provisions,
the laws of descent, or upon Court order.
-3-
12.10.040 Definitions. Whenever the following words and phrases appear
in this chapter, they shall be given the meaning defined below. Where not
inconsistent with the context, the words used in the present tense shall
include the future; the singular shall include the plural, and the plural
the singular; the masculine shall include the feminine; the word "shall"
is always mandatory, and the word "may" indicates a use of discretion in
I aking a decision.
(1) 'Adjacent Property Owners - Any property owner of record,
according to the records of the County Assessor, whose property adjoins
or abutts property proposed for division, or any portion thereof, or whose
property is within 80 feet of the property proposed for division, or any
portion is directly across a street or public right-of-way which is con-
tiguous to both properties.
(2) Building Envelope - The three dimensional allowable
building space defined by the yard setbacks and height restrictions.
(3) City Planner - The City Planner is charged with the
responsibility of administering this chapter. He shall exercise the ad-
ministrative powers, functions and duties necessary to carry out the purpose
of this ordinance and recommend approval or disapproval of proposed sub-
divisions and short subdivisions. The City Planner as used herein shall
mean the head.of the City Planning Department or such assistant as he
shall designate.
(4) 9edicatiorl - The deliberate appropriation of land by an
owner for any general and public uses, reserving to himself no other rights
than such as are compatible with the full exercise and enjoyment of the
public uses to which the property has been devoted. The intention to dedicate
R
shall be evidenced by the owner by the presentment for filing of a final
plat or short plat showing the dedication thereon, and, the acceptance
by the public shall be evidenced by approval of such plat for filing
by the city.
(5) Final Plat - A final, precise drawing of the proposed
subdivision or short subdivision with dedication which contains all re-
quirements of this chapter and has been approved by the City Council.
The format of the drawing shall meet standards defined by the City En-
gineer.
(6) Lot - A fractional part of subdivided land having fixed
boundaries being of sufficient area and dimension to meet minimum zoning
requirements for width and area The term shall include tracts or parcels,
and any other requirements defined by this ordinance.
(7) Plat - is a map or representation of a subdivision show-
ino thereon the division of a tract or parcel of land into lots, blocks,
streets and alleys or other subdivision requirements, conditions or ded-
i cati ohs.
(S) Preliminary Plat - The neat and approximate drawing of
a proposed subdivision or short subdivision, showing the general layout
of streets, and alleys, lots, blocks, and restrictive covenants, to be
-applicable to the subdivision, and other elements of a plat or subdivision
which shall furnish a basis for the approval or disapproval of the general
layout of a subdivision. The plat will be so designated until improvements
shown on the approved drawing are installed or a sufficient bond or other
suitable security is posted to ensure and assure installation.
(9) Recorded Plat - A final, approved drawing of proposed
subdivision, or short subdivision with dedication, that has been filed for
record With the County Auditor.
5.
(10) Short Plat - is the map or representation of a short
subdivision.
(11) Short Subdivision - The division of land into four or
less lots, tracts, parcels, or sites for any purpose other than as excepted
in 12.10:030(2).
(12) Subdivider - Any person, firm, corporation, or other
entity undertaking; or having an interest in title to the land being
divided into lots, tracts, or parcels.
0 3) Subdivision - A division of land into five or more lots,
tracts, parcels; sites; or divisions for the purpose of sale, lease,gift,
or development, or other purpose other than as excepted in 12.10.030(2)
and shall include all resubdivisions of land.
W
12.10.050 DESIGN AND GENERAL CRITERIA: Whenever in this chanter a review
is made by any agencv of the city (including the City Planner,
City Engineer, or other city departments or personnel, the Plann-
ing.Commission and/or the City Council) of any subdivision, short
subdivision, lot line adjustment or dedication, said agency shall
inquire into the following matters:
(1) General Criteria
(a) The purposes set forth in Section 12.10.020 are satis-
fied.
(b) Assure there is conformance to the general purposes of
the comprehensive plan and planning standards and speci-
fications set forth in Title 12 of the Edmonds City
Code, and all other applicable building, improvement
and planning codes and resolutions adopted by the City
of Edmonds and its various boards and commissions.
(c) Assure that appropriate provisions are made for, but
not limited to, drainage ways, streets, alleys, other
public ways, water supplies, sanitary kiastes, parks, play-
grounds, sites for schools and school grounds, and all
other relevant facts, including but not limited to a con-
sideration of the physical characteristics of the pro-
posed site.
(d) The procedure for subdividing tidelands and shorelines
shall be the same as governed by this chapter and any
additional requirements imposed by the Shorelines Manage-
ment:Act (Chapter 286, Laves of 1971, 1st Ex.Sess.) Laws
of the State of Washington and as it shall be amended
from time to time.
The reviewing agency shall recommend approval, or shall approve,
any application governed by this Chapter only after determining
and finding that the public use, interest, health, safety and
general welfare are satisfied and provided for as set forth herein
and any approval or recor-vended approval shall be deemed to include
such finding and determination without the necessity of so stating
on each occasion.
(2) Design Criteria
(a) Environmental Inpact: The Cite Planner may require Addi-
tional information from the applicant to determine whether
the pro.iect must be reviewed under the provisions of the
State of Washington Environmental Protection Act of
1971 (RCW 43:21r) and as the sane may be amended and sup-
plemented from time to time. Preliminary approval of
the subdivision shall not be given until all requirements
of the Act are fulfilled. If a stream or natural drain-
age.way exists in the proposed subdivision., it shall.not
be altered until an assessment is made of potential en"
vironmental effects.
7.
(b) Improvements and Dedications
(1) The City Planner and/or the City Engineer shall de-
fine and specify the improvements necessary to meet
the requirements of this section. Required improve-
ments may include, but are not limited to, streets,
curbs, sidewalks, water connections, sewers or other
approved sanitary facilities, drainage systems, and
underaroundinn of utilities. The subdivision shall
also meet the following conditions:
(a) In order to provide the most advantageous devel-
opment of the proposed subdivision and ad.iacent
areas, the subdivision shall provide for the
continuity of streets and utilities and shall
conform to the Standard Drawings and Specifica-
tions for Streets and Utilities Construction,
Section 7.01 of the Edmonds City Code.
(b) If a public sewer main is not located within
eight hundred feet of the proposed subdivision,
the following shall be considered reasonable in
lieu of a distribution system: Where the zoned
lot size is.20,000 square feet or more and where
the soil conditions have been found satisfactory
by the City Engineer and Health Officer, septic
tanks, or other methods of handling wastes shall
be installed in accordance with the standards
and under the supervision of the City Engineer.
Where septic tanks are provided on lots facing
or abutting a body of rater, the developer, in
addition to the provisions herein contained.,
shall install the septic tank in the upland one
hundred feet from the mean higher high !.eater line.
Where septic tanks are provided, the minimum lot
area for each septic tank system shall be speci-
fied in the heed of each lot, and said deed pro-
visions shall be acceptable to and approved by
the City Engineer.
(c) Underground utilities shall.be provided as.re-
�uired, by Sec. 6.30 of the Edmonds City Code.
Hnder round Electrical and Communication Faci-
litiesT
(d) Monuments shall be placed at all street intersec=
tions, boundary angle noints,.points of curbs in
streets, and at such intermediate.points as re-
quired by the City Engineer. Monuments shall be
I f a type specified by -the City Engineer and set
as specified by the Citv Engineer. All lot and
block corners shall be set with an iron pipe or
pin at least eighteen inches in length. (Ord. 790
s, as amended by Ord. 987; May 7, 1963.)
7a.
(2) The subdivider shall make available, for public ac-
quisition, such lands in the area to be subdivided
as are designated by official planning for parks,
playgrounds, and oubl i c buildings. (Ord. 790 01;
October 20, 1959.)
(c) Protection of Physical Characteristics of the Site.
(1) Flooding and Other Hazardous Conditions: Where the
Plannina Commission has determined that the land is
unsuitable or inappropriate for subdivision due to
flooding, inundation, swamp conditions, steep slopes,
rock formations, hazardous soil conditions or other
features likely to be harmful to the safety, welfare
and general health of the future residents or adjoin-
ing residents, the land shall not be subdivided until
the following conditions are satisfied:
(a) Provision is rude for construction of protective
improvements by the developer and the improvements
are approved by the City Engineer.
(b) Where topographical slopes are 15% or more the
Planning Commission may impose additiond require-
ments which will afford protection to future and
adjoining residents.
(c) The effect of alteration of the site has been
assessed under the provisions of Sec. 12.10.050
(2) (a). (Environmental Impact).
(d) No plat shall be approved which is situated in
a flood control zone as.provi'ded.in RCW Chapter
86.16, viithout approval of the.department of
Natural Resources, State of Washingtnn.
(2) Tree Cutting: If preservation of the existing trees
yam uld enhance the appearance of the subdivision, or
reduce erosion and other negative environmental effects,
the City Planner may impose tree-cuttin(i restrictions
on trees eight (8) inches in diameter or larger: Such
restrictions shall remain in effect on each lot in the
subdivision until the building permit is issued for
construction.
(3) Topography: Placement of streets and lots in relation
to topography shall be considered in -order to minimize
filling, gradinc or other alterations of existing con-
ditions.
(4) Notation of S ecial Restrictions: Any special. restric
tions, conditions or improvements required for approval
of the subdivision shall be noted on the final Tilat.
(d) Subdivision Design: The configuration of streets and lots
shall be designed i n a ,qay which wi l l . best serve the oubli c
health, safety and welfare. Consideration shall be given,
but not limited to the fol l olvii nq:
(1) Lot dimensions: The lot shall be designed to the
7b.
dimensions prescribed by the Edmonds Zoning Ordinance,
Chapter 12.13, for the zone in which the oronerty is
situated.
(a) In the event of any lot being situated in more
than one zone, the dimensions prescribed for the
most restrictive zone shall apply to that lot.
(b) Where residential subdivisions are permitted in
non-residential zones, the lots shall meet the
requirements of the RS-6 zone as defined in Sec-
tion 12.13.050.
(c) Lot dimension ratio: The ratio of the lesser
dimension divided by the greater dimension shall
not be less than .4.
The dimensions shall be measured as defined by
lot depth and width in Sec. 12.12.130 of the
Zoning Ordinance.
(d) Corner Lots: The building envelope area shall
not be less than 35% of the lot area specified
in the zoning ordinance.
(2) Lot_ Frontage: Lots shall not front on highways, arter-
ials, collector streets, railways, developed businesses
or industrial areas.
(3) Protection of Natural Features and Environmental
Amenities: Lots shall be ryes i gne?i in a manner that
will preserve desirable natural features and protect
views, open spaces and other environmental amenities.
(4) Walks or pedestrian ways shall 5e required when the
Planning Commission determines they are necessary to
provide access to schools, parks and nlavgrounds, pub-
lic facilities, water bodies or tidelands.
(5) Computation of minimum lot areas or dimensions shall
not include any area Used as access to any lot regard-
less of wheEher the rights of access are by easement
or fee ownership. This exclusion shall include but
not be limited to access easements and/or access pan-
handles.
7c.
12.10.0 60 Application and Fees
(1) Application
(a) An application form to be supplied by the City
Planning Department shall be completed and submitted
to the City Planner. The application shall be
accompanied by five (5) prints of the preliminary
plat.
(b) The Subdivider shall provide a list of names, ad-
dresses and zip codes of all adjacent property
owners, as defined in Sec. 12.10.040 (1), or
their representatives.
(c) Upon receipt of the application, proposed plat,
and fee, the City Planner shall assign a file num-
ber and record the filing date.
(2) Fees - Applications shall be accompanied by the appro-
priate fee as follows:
(a) Preliminary Subdivision Fee (5 or more Lots) -
A service and administrative fee of Five dollars
($5.00) per lot, or one -twentieth (1120) of one
cent ($,01:) per square foot of lot area included
in the proposed subdivision, whichever is greater,
provided, however that the minimum fee for such
application shall be Fifty Dollars ($50.00).
(b) Preliminary Short Subdivision Fee (4 Lots or less)
A service and administrative fee of Ten Dollars
($10.00) per lot shall be made for each lot in-
cluded in the short subdivision.
(c) Lot Line Adjustinents Fee - A service and aft in-
0.
istrative fee of $10.00 shall accompany the application.
(d) Public Improvement Inspection Fee - An inspection
fee in the amount of 2.2% of the estimated con-
struction cost for the public improvements shall
be provided subsequent to the approval of the de-
velopment and engineering plans by the Engineering
Department.
(e) Final Plat and Plat Checking Fee - The City Engineer
shall have a field and office check made of the plat
before final approval is granted. The amo:u.nt of the
plat checking fee shall be $5.00 per lot, or one. --
twentieth of one cent ($.O1) per square foot of lot
area included in .the subdivision, whichever amount
is greater. The minimum fee for subdivision is
$50.00, and includes one plat check. If the plat
is rechecked the applicant shall pay for each addi-
tional plat check.
a
12.10.070 Requirements for Preliminary Plats
The City Planner and the City Engineer may require any informa-
tion on the nreliminary plat which is necessary to determine if
the proposed subdivision makes appropriate provision for the
public health, safety and welfare. Plats of subdivisions must
be prepared by a Licensed Professional Land Surveyor licensed
in the State of Washington. The preliminary plat shall include,
but not be limited to the following information:
(1) Identification and Map
(a) The name of the preliminary plat
(b) Legal description of the preliminary plat
(c) Existing zoning classification
(d) Name, address, telephone number and official seal
of the Licensed Professional Land Surveyor.
(e) A vicinity sketch.
(f) bate, scale and north point. The scale shall be one of
the following: 100 feet to the inch, 60, 50; 40, 30, or
20 feet to the inch.
(g) The boundary lines of the tract to be subdivided and acre-
aqe of the tract.
(h) Zoning boundary lines, if any.
(i) Lot dimensions, lot area (in square feet) and number of
lots. Lots should be numbered consecutively from one
(1) to total number of lots.
(.i) Setback lines on each lot as renuired by the zoning
10.
ordinance.
M If there is a previous plat all existing property
lines shall be shown by dotted lines.
(1) Contour lines at five (5) foot intervals or less
if necessary.
(m) The location, width and name, where applicable, of
all streets, public ways, easements, or other rights -
of -way, and water courses within 200 feet of the
proposed subdivision.
(n) All existing structures in their location.
(0) Layout and width of proposed rights -of -way or
easements within the plat.
(p) All parcels of land intended to be dedicated or
reserved for public use or reserved in the deed for
common use of the owners with the purpose clearly
indicated:
(q) The approximate location of each area covered by
trees and general identification of trees within
the plat.
(r) Source of water supply and name of supplier:
(s) method of sewage disposal and name of municipal
system if sanitary sewer used.
(2) -ownership
(a) Names, addresses and telephone numbers of all
persons who hiva an interest by reason of ownership,
contract of sale, earnest money agreement, or
option in the land in the proposed subdivision and
any identified land Contiguous to the subdivision
where such persons have an interest in the format
11.
of a title report.
(b) Names of adjacent plats and the name of owners of
adjacent non -platted property.
12.
12.10.080 PRELIMINARY HEARING
(1) Notice of Hearing - Upon receipt of an application for pre-
liminary approval of a plat of a subdivision, the City Planner shall set a
date for a public hearing by the planning commission. Notification of the
date, time and place of the public hearing shall be given by:
(a) Publication of at least one notice not less than ten (10)
days prior to the hearing in the official newspaper of the City; and
(b) At least three (3) copies of the notice of public hearing
shall be posted in conspicuous places on or adjacent to the subject
property not less than ten (10) days prior to the hearing; and
(c) Notices shall be sent to adjacent property owners at
the addresses provided by the subdivider and shall be posted in the ►!.S.
Mails not less than ten (10) days before the hearing.
(2) Upon the filing of a preliminary plat, the City Planner shall
also notify the following organizations or officials as to the description
of the property to be subdivided and the date, time and location of the
public hearing, when;
(a) The proposed subdivision is adjacent to the corporate
limits of the City, notice shall be given to the appropriate county or
adjacent City officials.
(b) The proposed subdivision contemplates the use of another
municipality's util ities, notice shall be given to said municipality.
(c) The proposed subdivision is adjacent to the right-of-way
of a State Highway, notice shall be given to the State nepartment of Highways.
(3) Staff Review - The City Planner shall distribute copies of the
proposed subdivision to the City Engineer and other appropriate city de-
partments and staff.
(a) Criteria for Recommendation - The City Planner's recommendation
13.
to the Planning Commission and City Council for approval or disapnoval and the
Planning Commission and City Council's approval or disapproval shall be based
on the criteria defined in Section 12.10.050,
(b) Completion of Staff Review - Staff review shall be completed
within ten (10) working days of the date of filing of the application for pre-
liminary approval. The City Planner shall prepare a report to be for<Narded
to the Planning Commission setting forth the findings of the staff, together
with a listing of all required improvements or dedications, conclusions of
the staff and the staff's recommendation of approval, disapproval or referral
back to the applicant for further revision. A copy of this report shall be
mailed to the applicant at the address set forth in the application.
(4) Public Hearino - The Planning Commission shall hold a public hearing
to review proposed subdivisions. The Planning Commission's recommendation to
the City Council of approval or disapproval of the subdivision at the prelim-
inary hearing shall be advisory only. The preliminary hearing by the Planning
Commission shall be held within thirty (30) days of the date of the filing
of the application for preliminary approval.
14.
12.10.090
Review by City Council - Hearing of Changes - Within fourteen (14)
days after the preliminary hearing by the Planning Commission, a recommend-
ation for approval or denial shall be submitted to the City Council. Upon
receipt of the recommendations of the Planning Commission, the City Council
shall at its next public meeting, set a date for a public hearing where it
may adopt or reject the recommendations. If a decision is made to change
the recommendations, the City Council shall open the hearing to the public
prior to adopting any changes and approving or disapproving the preliminary
plat. Preliminary approval by the City Council shall be valid for one year
unless a time extension is granted by the Planning Commission. The Plan-
ning Commission may grant one extension not to exceed a one year period.
15.
12.10.100
Record of Hearings - A record of all public hearings of the Plan-
ning Commission and City Council shall be kept and minutes of each such
meeting in summary form shall be deemed compliant with this requirement.
16.
12.10.110
Notification of Preliminary Approval or Disapproval - The Citv
Council shall either approve, disapprove or return the proposed subdivision
to the applicant for modification or correction within a period of sixty
(60) days from the date of the filing of the application with the City
Planner, unless the applicant consents to an extension of such time.
17.
12.10.120 INSTALLATION OF IMPROVEI1ENTS
(1) Written Agreement - The subdivider and the City Engineer
shall agree in writing on a schedule for installation of required improve-
ments in accordance with Sections 12.10.050. The subdivider real/ then make
application for such permits from local officials as are necessary to pro -
cede with the improvements.
(2) Design and Certification of Improvements - If the City
Engineer and/or the Cite Planner determine that it is necessary, they may
require the subdivider to provide that improvements such as streets, sewers
and water systems be designed and certified by or under the supervision of
a licensed civil engineer.
(3) Financial Guarantee and Time Limit - Improvements shall. be
installed before the proposed plat receives final approval unless the sub-
divider shall financially guarantee same within one year by posting an ade-
quate bond or other suitable security in the amount equivalent to the
estimated construction cost of the public improvements Plus 10%. If the
subdivider does not meet this requirement, preliminary approval of the
subdivision shall be deemed expired.
(4) Accentance and Guarantee - The publAc.improvements shall
not be finally accepted by the City Engineer for the City of Edmonds until
the City, has been furnished a bond in the amount of 15% of the cost of said
improvements to guarantee against defects or workmanship and materials for
a period of two (2) years from the date of such final acceptance.
13.
C9
12. 10.130
Final Plat Approval
(1) Time for Approval - The final plat shall he annroveO, disaonroved
or returned to the applicant within thirty (30) days from the date of filing
thereof, unless the applicant consents to an extension of such time period.
(2) General Requirements - The final plat shall meet the require-
ments of the preliminary plat and shall incorporate any modifications re-
guired as a condition of approval of the preliminary plat. The final plat
shall be submitted with required fees.
(3) Survey and monuments
(a) The final plat shall be accompanied by a complete survey
of the section or sections in w4ich the plat or reelat is relocated, or
as much thereof as may be necessary to properly orient the plat within
such section or sections. The plat and.section survey shall be submitted
With complete field and computation notes showing the original or re-
established -corners with descriptions of the same and the actual traverse
showing error of closure and method of balancing. A sketch showing all
distances, angles and calculations required to determine corners and dis-
tances of the plat shall accompany this data. The allowable error of
closure shall not exceed one foot in five thousand feet.
(b) In addition, the survey of the proposed subdivision and
preparation of the plat shall be made by or under the supervision of a
licensed professional land surveyor who shall certify on the nlat that
it is a true and correct representation of the lands actually surveyed.
(c) Permanent control monuments shall be established at each
and every controlling corner on the boundaries of the parcel of land
being subdivided and such other points as the City Engineer shall determine
are necessary
(Note: Applicable state law, RCW 58.17.160(2) and RCW 58.17.2503
respectively.)
19.
(4) Description and Owner's Statement - The plat shall contain a
certificate giving a full and correct description of the lands divided
as they appear on the plat including a statement that the subdivision has
been made with the free consent and in accordance with the owner's desires.
(5) Dedication - The plat shall also contain a certificate of
dedication for all areas deeded to the public for street, utility or other
purposes required by this chapter. Such certificate of dedication shall
be properly notarized and shall be considered, to all intents and purposes,
a quit -claim deed to the City. Every plat containing a dedication must
be accompanied by a title report containing the legal description of the
property, and confirming that the title of said subdivision property does
belong to the stated owner or owners. Final approval of the plat by the
City shall be evidence of acceptance of the dedications. Dedications shall
include waiver of right of direct access to any street from any property
if required as a condition of approval. All roadways not dedicated to
the public must be clearly marked on the face of the plat.
(6) Additional Requirements - Each plat or replat of any property
filed for recording shall contain:
(a) A statement of approval by the City Engineer as to the
survey data, the layout of streets, alleys and other rights -of -way, design
of bridges, sewage and water systems and other structures.
(b) Contain a certification from a proper officer in charge
of tax collections that all taxes and delinquent assessments for which
the property may be liable as of date of certification have been duly
paid, satisfied or discharged.
(c) Shall contain a waiver of all claims. for damages against
any governmental authority which may be occasioned to the adjacent land
by the established construction, drainage and maintenance of improvements
20.
required to be installed in said plat.
(7) Statements of Examination and Approval - Each and every pre-
liminary plat submitted for final approval shall he accompanied by reports
recommending approval or disapproval from the following City departments
or other agencies!
(a) The City Planner and the City Engineer shall certify that
the plat has been examined and approved as complying with all terms of the
preliminary approval of the proposed plat, subdivision or dedication.
(b) A letter shall be submitted with the final plat stating
that the plat has been reviewed by the Snohomish County Public Health
Department as to the adequacy of the proposed means of sewage disposal
and water supply.
(8) Filing Statement - The final plat shall be acknowledged by the
person filing the plat before the Snohomish County Auditor, or a notary
public, and a certificate of the acknowledgment shall be enclosed or an -
hexed to the plat and recorded therewith.
(Note: Applicable state statute, RCW 58.17.160(3))
(9) City Council Acceptance - When the City Council finds that
the public use and interest will be served by the proposed subdivision and
that the subdivision meets the requirements of the City the written approval
of the City shall be placed upon the face of the plat.
21.
NEW SECTION
Sec non i 0,140 EFFECT OF REZONES. Any lots in a final plat filed
for record shall be a valid land use notwithstanding any change in zoning
laws for a period of five years from the date of filing.
[Note: Applicable state law, RC W 58. 17. 170]
22.
12.10.150 SHORT SUBDIVISION .AND PLAT REQUIREMENTS
(1) ;Requirements for Short Plats - The following materials shall
be supplied with the application for a short plat together with such additional
information as may be required by the City Planner and/or the City Engineer.
(a) "gap and Identification
(1) Date, scale and North point
(2) Boundary lines, accurate and to scale, of the tract
to be subdivided and each lot in the short subdivision.
(3) The location and names, where applicable, of all ex-
isting or platted streets within or adjacent to the
proposed short subdivision.
(4) Location and width of anv rights -of -way or easements
Within the proposed short subdivision.
(5) Boundaries of all land reserved in the deed for
common use of the property owners of the short subdivision.
(6) Approximate location of existing structures.
(7) Location and width of proposed access drives and
easements with ownership clearly indicated.
(8) Any existing or proposed restrictions on the use
of the land.
(b) Lecial Description - A legal description shall be submitted
with the application. The City Planner may require that the 1`egal descrip-
tion be prepared by a licensed professional land surver,yor or certified by a
title insurance company doing business in Snohomish County „ Washinciton.
(c) Short Plat with Dedication - When land dedication is re-
quired, the short plat shall be prepared by a licensed orofessional land sur-
veyor.
(d) Development Plan - When a short subdivision is designed
with lot sizes large enough to be capable of further subdivision, the sub-
divider !rill be required to submit a future development plan depicting that
adequate provision has been made in the proposed short subdivision for the
future needs for access, utilities, compliance with the appropriate plans
of the City and the other criteria as set forth in Section 12.10.050,
of this Chapter.
24.
(2) Staff Review - Hearipa Procedure - Appeal - upon receipt
of the application, the City Planner shall conduct a staff review of the
proposed subdivision to determine if the proposed short plat conforms to the
general and design criteria set forth in Section 12.10.050 and based thereon,
if in the opinion of the City Planner and City Enaineer, it is not in the
public interest to require installation of complete improvements as other-
wise required by Section 12.10.050 of this Chapter, they shall specify what
improvements shall be required to be made as a condition of approval in order
to accomplish the purpose of this section. It is the intent of this section
to permit latitude in the determination of necessity of installation of im-
provements -where the requirement of full improvements would be excessive for
the proposed short subdivision.
The staff review shall be completed within ten (10) working days after re-
ceipt of the application.
25-
(b) Hearing Procedure - Within fifteen (15) working days after
the completion of the staff review, the City Planner shall hold a review
hearing and approve or disapprove the application. Prior to said hearing,
notice shall be sent to the applicant and to the adjacent property owners as
defined in Section 12.10.040 (1) whose names and addresses shall be provided
by the applicant and such notice shall be mailed and oosted as provided in
Section 12.10.080 (1) (b) and (c). The notice shall contain a statement of
the nature of the application and the date, time and place of said hearing
and invite all interested persons to submit their comments concerning said
application to the City Planner, either prior to or at the hearing.
After reviewing the file and following the hearing, the City Planner shall
within three (3) working days of the completion of said hearing, prepare
a !!iritten report of his decision, which written report shall include a state-
ment of reasons for his decision. A copy of the final decision shall be
mailed to the applicant and all other persons who have made written request
for a copy of the same.
(c) Appeal to Planning Commission - The applicant or anV
interested party may appeal the decision of the City Planner by requesting
that the matter be set for public hearing before the Planning Commission.
Said request shall be in writing and must be filed with the City Planner
within fifteen (15) days from:the date of completion of said hearing.
The appeal shall be set for hearinn before the Planning Commission at the earl-
iest possible date provided, however, in no event shall the hearing be held
prior to ten (10) days after the mailing of notices of the date, time and glace
26.
of said hearing to all parties who have previously requested in writing.
either a copy of the City Planners' written' decision or to be notified of
the appeal hearing. No other notice of the appeal hearing shall be required
to be given.
(d) Any appeal from the Planning Commission decision
shall be as provided in Section 12.10.190.
2.7.
l
(3) Conditions of Approval
(a) Recordino nedication.- Short subdivisions requiring ded-
ications of land, including access, utility or other easements, shall be
recorded as a short plat with the Snohomish County Auditor and shall
contain a certificate setting forth:
28.
(1) A full and correct description of the lands divided
as they appear on the short plat;
(2) A statement that the short subdivision has been made
with the free consent and in accordance with the
desires of the owner or owners;
(3) The dedication of all streets and other areas to the
public, and others as shown on the short plat;
(4) A waiver of all claims for damages against any gov-
ernmental authority which may be occasioned to the
adjacent land by any established construction, drain-
age or maintenance;
(5) Shall be signed and acknowledged before a notary public
by all parties having any interest in the lands subdivided;
(6) Shall be accompanied by a title report confirming
that the title of the lands as described and shown
on said short plat is in the name of the owners sign"
inq the certificate;
(7) A waiver of right of direct access to any street from
any property;
(8) Shall be shown on the face of said short plat; which
shall thereupon be considered as a quit claim deed to
the donee or donees; grantee or grantees for his, her
or their use for: the purposes intended.; and
,t9) As a' condition for approval, said short plats re-
quirinq a dedication may be required to be surveyed
by a licensed professional land surveyor and monuments
:placed on the site.
(Note: Applicable state statutes, RCW 58.17.165
and 58.17.060)
29:
(b) Installation of Improvements - Installation of site improve-
ments may be required in order to ensure improved access and adequate utili-
ties. If site improvements are required to be installed, the subdivider shall
meet the requirements set forth in Section 12.10.120 of this chapter.
(c) Compliance with Conditions of Approval - All conditions for
approval shall be met by the applicant within ninety (90) days, or the short
subdivision shall be deemed expired. Sale, lease or transfer of land within
the subdivision shall not be completed until all conditions of approval have
been met.
(d) Other Conditions of Approval - Any other conditions of
approval shall be set forth in writing as a covenant running with the land
and shall be granted by the owners of the property as grantors to the City
of Edmonds as grantee, and shall be recorded by the City at the applicant's
expense within ten (10) days of approval of the short subdivision.
(4) Approval of Dedication - When a dedication is required in a
short subdivision, acceptance of said dedication, by the City Council, shall
be obtained prior to the recording of the final short plat. The City Planner
shall place the short Subdivision dedication on the next public hearing agenda
of the City Council and shall notify the applicant and all other persons who
leave their name and address .4ith the City Planner of the date of the hearing
before the City Council .
(5) Further Subdivision - Every short subdivision further divided in
any manner within a period of five (5) years from the date of approval of the
short subdivision, shall comply with all the provisions relating to subdivi-
sions and plats in this chapter.
(6) Record of Proceedings - A record of proceedings shall be kept in
the manner provided in Section 12.10.100.
30.
12.10.160 LOT LINE ADJUSTMENTS
(1) Rol Lc ilit - When an exchange of property is made between
two adjoining lots, it shall be defined as a lot -line adjustment if it sati-
sfies the following criteria:
(a) Neither of the two lots affected is made substandard
With respect to the requirements for lot dimensions specified by Edmonds City
Code, Chapter 12.16.
(b) No existing building or structure is made substandard
or nonconforming in any respect.
(c) Existing easements in favor of the nublic are not
rendered impractical to serve their purpose.
(d) There is ►io dedication of land for public purposes.
31.
(2) Application Procedure
(a) Preliminary 'lap - A preliminary map shall be filed
with the application and fee. The map shall contain a legal description
which has been prepared by a licensed professional land surveyor or a Title
Company, and any other information required by the City Planner or City
Engineer.
(b) Staff f evi eig - Hearin_ Procedure - Appeal - Staff
review, hearinq and appeals to the Planning Commission shall be conducted
in the same manner as set forth in Section 12.10.150 (2) of this Chanter.
(c) Pecord of Proceedings - A record of proceedings
shall be kept in the manner provided in Section 12.10.100.
32.
12.10.170 MODI. , [ONS
(1)
Procedure for Subdivisions
(a) Where application of the requirements of this chapter
may result in undue hardship due to special conditions
or circumstances peculiar to the land such as size,
shape and topography, and such conditions were not
brought upon the applicant by his oam actions or the
actions of his predecessor in interest subsequent to
the effective date of this ordinance, the applicant may
submit a request to the Planning Uommission for modifi-
cation of the requirements.
(b) When a subdivider requests a modification of the provi-
sions of this ordinance, the Planning Commission shall
hear the modifications at the preliminary hearing and
make recommendations to the City Council.
(c) The Planning Commission shall make their findings on the
basis of criteria defined in Section 12.16.100 of the
Edmonds City Code.
(d) The City Council shall approve or disapprove the re-
quested modifications when it reviews the preliminary
plat as provided in Section 12.10.090 and shall base
such approval or disapproval on the criteria set forth
in (c) above.
(2) Procedure for Short Subdivisions - Requests for modification
Of the requirements of this chapter as to any short subdivision
shall be heard by the Board of AdJustment as an application
for a variance as provided by Chapter 12.16 of the Edmonds
City Code.
33.
NEW SECTION
Section 12.10. 180 PERMITS. No building permit, septic tank permit,
or other development permit, shall be issued for any lot, tract, or parcel
of land divided in violation of this chapter unless the agency authorized
to issue such permit finds that the public interest will not be adversely
affected thereby.
[Note: Applicable state law, RCW 58. 17. 2101
34.
NEW SECTION
Section 12.10. 190 APPEALS. Any final decision for which no other
direct appeal is specifically provided in this chapter approving or disapproving
any subdivision, plat, short subdivision, short plat or lot line adjustment,
and for which all other appeals specifically authorized have been timely
exhausted, shall be reviewable for unlawful, arbitrary, capricious
or corrupt action or nonaction by writ of review before the Superior Court
of Snohomish County. The action may be brought by any property owner
in the City, who deems himself aggrieved thereby: Provided, That
application for a writ of review shall be made to the Court within
thirty days from any decision so to be reviewed. The cost of transcription
of all records ordered certified by the Court for such review shall be
borne by the appellant.
35.
Section 12. 10. 200 PENALTIES. Any person, firm, corporation,
or association who violates any provision of this chapter relating
to the sale, offer for sale, lease, or transfer of any lot, tract
or parcel of land, shall be guilty of a misdemeanor and each
sale, offer for sale, lease or transfer of each separate lot,
tract, or parcel of land in violation of any provision of this
chapter shall be deemed a separate and distinct offense, upon
the conviction of which shall subject the violator to the penalties
set forth in Section 5. 12. 170 of the Edmonds City Code;
Provided, however, that in addition to the criminal sanctions
provided herein for the violations of this chapter the City shall
have the right to commence an action to restrain and enjoin
any subdivision, sale or transfer or offers of sale or transfer,
compel compliance with the provisions of this chapter, and
such other injunctive relief as may be .granted by a court sitting
in equity jurisdiction."
35.
NEW SECTION
Section 12. 10.210 REPEALER. Chapter 12. 08, the prior Subdivision
Code, of the Edi-nonds City Code is hereby repealed.
37.
1P
NEW SECTION
Section i 2. I0. 300 SEYER.ABILITY. If any section, subsection, clause
or phrase of this chapter is for any reason held to be invalid or un-
constitutional, such invalidity or unconstitutionality shall not affect the
Validity or constitutionality of the remaining portions of this chapter,
it being expressly declared that this chapter, and each section, sub-
section, sentence, clause and phrase hereof would have been prepared,
proposed, adopted, approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
m
ORDINANCE NO. 12g3
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ADOPTING REGULATIONS RELATING TO PLATTING AND
SUBDIVISION OF LAND WITHIN SAID CITY, AND PROVID-
ING PENALTIES FOR VIOLATIONS THEREOF; CREATING A
NEW CHAPTER, CHAPTER 12.10 IN THE EDMONDS CITY
CODE ENTITLED SUBDIVISION CODE AND REPEALING
CHAPTER 12.08 OF THE E WNDS CITY CODE IN MODIFI-
CATION OF PLANNING COMiISSION RESOLUTION NO. 431.
WHEREAS, pursuant to public hearing and notice thereof and
pursuant to the recommendations of the Planning Commission of the City
of Edmonds, Washington to adopt A certain Subdivision Code for the City
of Edmonds, Washington, and
WHEREAS, said City Council having determined that the
recommended Subdivision Code would be the most advantageous for the
development and appropriate use of property within said City as modified
and would be in the best interest of the health, safety, morals and
general welfare of the public, nor, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Section 12.10..010 - TITLE. CREATION OF CHAPTER -
TITLE. There is he by created a new Chapter in the Edmonds City code;
L�ter 12.10 entitled "Subdivision Cade."
Section 2. Section 12,10.020 PURPOSE. The purpose of this chap-
ter is to regulate the subdivision of land and to promote the public health,
safety, and general welfare; to prevent the overcrowding of land; to pro-
vide for orderly development of land; to lessen congestion in the streets
and highways; to provide adequate light and air; and to facilitate adequate
provisions for water, utilities, sewerage, parks and recreational areas,
storm drainage, sites for schools, and other public requirements; to provide
for ingress and egress; and to require uniform monumenting of land subdivisions
and conveyancing by accurate legal descriptions. .
Section 3. Section 12.10.030 SCOPE.
(1) .Applicability - This ordinance shall regulate all divi-
sions of land for any purpose except as provided in subparagraph 2 herein
below:
(2) Exceptions - The provisions of this ordinance shall not
apply to:
(a) Cemeteries and other burial plots while used for
that purpose.
(b) Divisions of land into lots or tracts, where the
smallest.lot.is twenty (20) acres or more, and not containing a dedication
of public right-of-way.
(c) Divisions made by testamentary provisions, the laws
of descent, or upon Court order.
Section 4. Section 12.10.040 DEFINITIONS. Whenever the following
words and p raTi-W-ses appear in gis chapter, they s a be given the meaning de-
fined below. There not inconsistent with the context, the words used in the
present tense shall include the future; the singular shall include the plural,
and the plural the singular; the masculine shall include the feminine; the
word "shall" is always mandatory, and the word "may" indicates a use of dis-
cretion in making a decision.
(1) Aers - Any property owner of record,
according to the records of the County Assessor, whose property adjoins or
abutts property proposed for division, or any portion thereof, or whose pro-
perty is within 80 feet of the property proposed for division, or any portion
is directly across a street or public right-of-way which is contiguous to
both properties.
(2) Building Envelope - The three dimensional allowable
building space defined y the yard setbacks and height restrictions.
(3) City Planner - The City Planner is charged with the re-
sponsibility of administering th s chapter. He shall exercise the administra-
tive powers, functions and duties necessary to carry out the purpose of this
ordinance and recommend approval or disapproval of proposed subdivisions and
short subdivisions. The City Planner as used herein shall' mean the head of
the City Planning Department or such assistant as he shall designate.
(4) dedication - The deliberate appropriation of land by an
owner for any genera ani�puETic uses, reserving to himself no other rights
than such as are compatible with the full exercise and enjoyment of the pub-
lic uses to which the property.has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a final plat
or short plat showing the dedication thereon, and, the acceptance by the pub-
lic shall be evidenced by approval of such plat for filing by the city.
(5) Final Plat - A final, precise drawing of the proposed sub-
division or short su divG- ision with. dedication which contains all requirements
of this chapter and has been approved by the City Council. The format of the
drawing shall meet standards defined by the. City Engineer.
(6) Lot - A fractional part of subdivided land having fixed
boundaries being of sufficient area and dimension to meet minimum zoning re-
quirements for width and area. The term shall include tracts or parcels and
any other requirements defined by this ordinance.
(7) Plat - Is a map or representation of a subdivision show-
ing thereon the division of a tract or parcel of land into lots, blocks,
streets and alleys or other subdivision requirements, conditions or dedica-
tions.
(8) Preliminary Plat - The neat and approximate drawing of
a proposed subdivision orshort subdivision, showing the general layout of
streets, and alleys, lots., blocks, and restrictive covenants, to be appli-
cable to the subdivision, and other elements of a plat or subdivision whim
shall furnish a basis for the approval or disapproval of the general layout
of a subdivision. The plat will be so designated until improvements shown
on the approved drawings are installed or a sufficient bond or other suit-
able security is posted to ensure and assure installation.
(9) Recorded Plat- A final, approveddrawing of proposed
subdivision, or short subdivision with `dedication, that has been filed for
record with the County Auditor.
(10) Short Plat - Is a map or representation of a short sub-
division.
- 2 -
(11) Short Subdivision - The division of land into four or
less lots, tracts, parts s, or sues for any purpose other than as excepted
in 12.10.030 (2).
(12) Subdivider - Any person, firm, corporation, or other
entity undertaking, or av ng an interest in title to the land being divided
into lots, tracts, or parcels.
(13) Subdivision - A division of land into five or more lots
tracts, parcels, sites, or divisions for the purpose of sale, lease, gift.
or development, or other purpose other than as excepted in 12.10.030 (2)
and shall include all resubdivisions of land.
Section 5. Section 12.10.050 DESIGN AND GENERAL CRITERIA. When-
ever in this Napter a review is made y any agency of e city TMETuding
the City Planner, City Engineer, or other, city departments or personnel, the
Planning Commission and/or the City Council) of any subdivision, short sub-
division, lot line adjustment or dedication, said agency shall inquire into
the following matters:
(1) General Criteria
(a) The purposes set forth in Section 12.10.020, are
satisfied.
(b) Assure there is conformance to the general pruposes
of the comprehensive plan and planning standards and specifications set forth
in Title 12 of the Edmonds City Code, and all other applicable building, .im-
provement and planning codes and resolutions adopted by the City of Edmonds
and its various boards and commissions.
(c) Assure that appropriate provisions are made for, but
not limited to, drainage ways, streets, alleys, .other public ways, water sup-
plies, sanitary wastes, parks, playgrounds, sites for schools and school
grounds, and all other relevant facts, including but not limited to a consid-
eration of the physical characteristics of the proposed site.
(d) The procedure for subdividing tidelands and shore-
lines shall be the same as governed by this chapter and any additional re-
quirements imposed by the Shorelines Management Act (Chapter 286, Laws of 1971,
1st Ex. Sess.) Laws of the State of Washington and as 'it shall be amended from
time to time.
The reviewing agency shall recommend approval, or shall approve, any applica-
tion governed by this Chapter only after determining and finding that the pub-
lic use, interest, health, safety and general welfare are satisfied and pro-
vided for as set forth herein and any approval or recommended approval shall
be deemed to include such finding and determination without the necessity of
s❑ stating on each occasion.
W. Desi n Criteria
(a) Environmental Impact - The City Planner may require
additional.information.from the applicant to determine whether the project
must be reviewed under the provisions of the State of Washington Environmental
Protection Act of 1971 (RCA 43.21C) and as the same may be amended and supple-
mented from time to time. Preliminary approval of the subdivision shall not
be givenuntil all. reggrements of the Act are fulfilled. If a stream or
natural drainage way exists in the proposed subdivision, it shall not be
altered until an assessment is made of potential environmental effects.
(b) Improvements and Dedications
(1) The City. Planner and/or the City Engineer shall
define and specify the improvements necessary to meet the requirements of this
section. Required improvements may include, but are not limited to,.stre.ets,
curbs, sidewalks, water connections, sewers or other approved sanitary faci-
3
lities, drainage systems, and undergrounding of utilities. The subdivision
shall also meet the following conditions: ,
(a) In order to provide the most advantageous
development of the proposed subdivision and adjacent areas, the subdivision
shall provide for the continuity of streets and utilities and shall conform to
the.Standard Drawings and Specifications for Streets and Utilities Construc-
tion, Section 7.01 of the Edmonds City Code.
(b) If a public sewer main is not located with-
in eight hundred feet of the proposed subdivision, the following shall be con-
sidered reasonable in lieu of a distributions system: There the zoned lot size
is 20,000 square feet or more and where the soil conditions have been found
satisfactory by the City Engineer and Health Officer, septic tanks, or other
methods of handling wastes shall be installed in accordance with the standards
and under the supervision of the City Engineer. Where septic tanks are pro-
vided on lots facing or abutting a body of water, the developer, in addition
to the provisions herein contained, shall install the septic tank in the upland
one hundred feet from the mean higher high water line. Where septic tanks are
provided, the minimum lot area for each septic tank system shall be specified
in the deed of each lot, and said deed provisions shall be acceptable to and
approved by the City Engineer.
(c) Underground utilities shall. be provided as
required by Sec. 6.30 of the Edmonds City Code. (Underground Electrical and
Communication Facilities).
(d) Monuments shall be placed at all street
intersections, boundary angle points, points of curbs in streets, and at such
intermediate points as required by the City Engineer. Monuments shall be of
a type specified by the City Engineer and set as specified by the City Engineer.
All lot and block comers shall be set with an iron pipe or pin at least eight-
een inches in length. (Ord. 790 G, as amended by Ord.. 987; May 7, 1963.)
(2) The:subdivider shall make available,,, for public
Acquisition. such lands in the area to be subdivided as are designated by
official planning for parks, playgrounds, and public buildings. (Ord. 790 01;
October 20. 1959.)
(c) Protection of Physical Characteristics of the Site.
(1) Flooding and Other Hazardous Conditions- Where
the Planning Commission has determined that the land i.s unsuitab inappro-
priate for subdivision due to flooding, inundation, swamp conditions, steep
slopes, rock formations, hazardous soil conditions or other features likely to
be harmful to the safety, welfare and general health of the future residents or
adjoining residents, the land shall not be subdivided until the following con-
ditions are satisfied:
(a) Provision is. made for construction of
protective improvements by the developer and the improvements are approved
by the City Engineer.
(b) Where topographical slopes are 15% or
more the Planning Commission may impose additional requirements which will
afford protection to future and adjoining residents.
(c) The effect of alteration of the site has
been assessed under the provisions of Sec. 12.10.050 (2) (a). (Environmental
Impact).
(d) No plat shall be approved which is sit-
uated in a flood control.zone as ,provided in RCW Chapter 86.16, withoutapproval of the Department of Natural Resources, State of Washington.
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(2) Tree Cuttin - If preservation of the existing
trees would enhance the appearance of the subdivision, or reduce erosion and
other negative environmental effects, the City Planner may impose tree -cutting
restrictions on trees eight (8) inches in diameter or larger. Such restric-
tions shall remain in effect on each lot in the subdivision until the build-
ing permit is issued for construction.
(3) To o rah - Placement of streets and lots in
relation to topography shall be considered in order to minimize filling,
grading or other alterations of existing conditions.
(4) Notation of Sp±cial Restrictions - Any special
restrictions, conditions or improvements required for approval of the subdivi-
sion shall be noted on the final plat.
(d) Subdivision Design - The configuration of streets
and lots shall be designed in a way hich will best serve the public healthi
safety.and welfare. Consideration shall be given, but not limited to the
following:
(1) Lot Dimensions - The lot shall be designed to
the dimensions prescribed by the Edmonds oning Ordinance, Chapter I2.13,
for the zone in which the property is situated.
(a) In the event of any lot being situated in
more than one zone, the dimensions prescribed for the most restrictive zone
shall apply to that lot.
(b) where residential subdivisions are per-
mitted in non-residential zones, the lots -shall meet the requirements of the
RS-6 zone as defined in Section 12,13.050.
(c.) Lot dimension. ratio: The ratio of the
lesser dimension divided by the greater dimension shall not be less than .4.
The dimensions shall be measured as defined by lot depth and width in Sec.
12.12.130 of the Zoning Ordinance.
(d) Corner Lots: The building envelope area
shall not be less than 35% of the lot area specified in the zoning ordinance.
(2) Lot Frontage - Lots shall not front on highways,
arterials, collector streets, railways, developed businesses or industrial
areas.
(3) Protection of Natural Features and Environmental
Amenities - Lots shall be designed in a mariner that will preserve desira6le
natural f atures and protect views, open spaces and other environmental amen-
ities.
(4) Walks or. pedestrian ways shall be required
when the Planning Commission determines, they are necessary to provide acc-
ess to schools, parks and playgrounds, public facilities, water bodies or
tidelands.
(5) Computation of minimum lot areas or dimensions
shall not include any area used as access to any lot regardless of whether
the rights of access are by easement or fee ownership. This exclusion shall
include but not be limited to access easements and/or access panhandles.
Section 6. Section 12.10.060 APPLICATION AND FEES.
(1) Application
(a) An application form to be supplied by the City
Planning Department shall be completed and submitted to the City Planner.
The application shall be accompanied by five (5) prints of the preliminary
plat.
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(b) The Subdivider shall provide a list of names, add-
resses and zip codes of all adjacent property owners, as defined in Sec.
12.10.040 (1), or their representatives.
(c) Upon receipt of the application, proposed plat,
and fee, the City Planner shall assign a file number and record the filing
date.
(2) Fees - Applications shall be accompanied by the appropri-
ate fee as follows:
(a) Preliminary_ Subdivision Fee (5 or more lotsi -
A service and administrative fee of Five DollarsU5.00) per lot, or one -
twentieth (1/20) of one cent ($:O1) per square foot of lot area included in
the proposed subdivision, whichever is greater, provided,ihowever that the
minimum fee for such application shall be Fifty Dollars ($50.00).
(b) Preliminary Short Subdivision Fee 4 lots or less
A service and administrative fee of Ten Dollars ($10.00) per lot shall be -
made for each lot included in the short subdivision.
(c) Lot Line Adjustments Fee - A service and adminis-
trative fee of $10.00 shall accompany the application.
(d) Public Improvement Inspection Fee - An inspection
fee in the amount of 2.2% of the estimated construction cost for the public
improvements shall be provided subsequent to the approval of the development
and engineering plans by the Engineering Department.
(e) Final Plat and Plat Checkin Fee - The City Engineer
shall have a field and office check made of the pat ore final approval is
granted.. The amount of the plat checking fee shall be $5.00 per lot, or one -
twentieth of one cent ($.01) per square foot of lot area included in the sub-
division, whichever amount is greater. The minimum fee for subdivision is
$50.00, and includes one plat check. If the plat is rechecked the applicant
shall pay for each additional plat check.
Section 7. Section 12.10.070 RE UIREMENTS FOR PRELIMINARY PLATS
The City Planner and the City Engineer may require any information on the pre-
liminary plat which is necessary to determine if the proposed subdivision
makes appropriate provision for the public health, safety and welfare. Plats
of subdivisions must be prepared by a Licensed Professional Land Surveyor lic-
ensed in the State of Washington. The preliminary plat shall include, but
not be limited to the following information:
(1) Identification and Ma
(a) The name of the preliminary plat
(b) Legal description of the preliminary plat
(c) Existing zoning classifation
(d) Name, address,,tel"ephone number and official seal
of the Licensed Professional Land Surveyor.
(e) A vicinity sketch.
(f) Date, scale and north point. The scale shall be one
of fine following: 100 feet to the inch, 50, 50, 40, 30, or 20 feet to the
Inch.
(g) The boundary lines of the tract to be subdivided and
acreage of the tract.
(h) Zoning boundary lines, if any.
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(i) Lot dimensions, lot area (in square feet) and number
of lots. Lots should be numbered consecutively from one (1) to total number
of lots.
ordinance. (j) Setback lines on each lot as required by the zoning
(k) If there is a previous plat all existing property
lines shall be shown by dotted lines.
if necessary. (1) Contour lines at five (5) foot intervals or less
(m) The location, width and name, where applicable, of
all streets, public ways, easements, or other rights -of -way, and water courses
within 200 feet of the proposed subdivision,
(n) All existing structures in their location.
(o) Layout and width of proposed rights -of -way or
easements within the plat.
(p) All parcels of land intended to be dedicated or
reserved for public use or reserved in the deed for common use of the owners
with the purpose clearly indicated.
(q) The approximate location of each area covered by
trees and general identification of trees within the plat.
(r) Source of water supply and name of supplier.
(s) Method of sewage disposal and name of municipal
system if sanitary sewer used.
(2) Ownership
(a) Names, addresses and telephone numbers of all per-
sons who have an interest by reason of ownership, contract of sale, earnest
money agreement, or option in the land in the proposed subdivision and any
identified land contiguous to the subdivision where such persons have an in-
terest in the format of a title report.
(b) Names of adjacent plats and the name of owners of
adjacent non -platted. property.
Section 8. Section 12.10.080 PRELIMINARY NEARING
(1) Notice of Hearin - Upon receipt of an application for pre-
liminary approval of a plat of a subdivision, the City Planner shall set a
date for a public hearing by the Planning Commission. Notification of the
date, time and place of the public hearing shall be given by:
(a) Publication of at least one notice not less than ten
(10) days prior to the hearing in .the official. newspaper of the City; and
(b) At least three (3) copies of the notice of public
hearing shall be posted in conspicuous places on or.adjacent to the subject
property not less than ten (10) days prior to the hearing; and
(c) Notices shall be sent to adjacent property owners at
:the addresses provided.by the subdivider and shall be posted in the U.S. Mails
not less than ten (10) days before the hearing.
(2) Upon the filing of a preliminary plat, the City Planner shall
also notify the following organizations or officials as to the description of
the property to be subdivided and the date, time and location of the public hear-
ing, when;
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(a) The proposed subdivision is adjacent to the corp-
orate limits of the City, notice shall be given to the appropriate county or
adjacent City officials.
(b) The proposed subdivision contemplates the use of
another municipality's utilities, notice shall be given to said municipality.
(c) The proposed subdivision is adjacent to the right-
of-way of a State Highway, notice shall be given to the State Department of
Highways.
(3) Staff Review - The City Planner shall distribute copies
of the proposed subdivision t❑ the City Engineer and other appropriate city
departments and staff.
(a) Criteria for Recommendation - The City Planner's
recommendation to the Planning Comma sSion an City Council for approval or
disapproval and the Planning Commission and City Council's approval or disap-
proval shall be based on the criteria defined in Section 12.10.050.
(b) Completion of Staff Review - Staff review shall be
completed within ten (10) working days of t e ate of filing of the applica-
tion for preliminary approval. The City Planner shall prepare a report to
be fo nvarded to the Planning Commission settino forth the findings of the
staff, together with a listing of all required improvements or dedications,
conclusions of the staff and the staff's recommendation of approval, disa-
pproval or referral back to the applicant for further revision. A copy of
this report shall be mailed to the applicant at the address set forth in the
application.
(4) Public Hearin - The Planning Commission shall hold a
public hearing to review proposed subdivisions. The Planning Commission's
recommendation to the City Council of approval or disapproval of the subdivi-
sion at the preliminary hearing shall be advisory only. The preliminary hear-
ing by the Planning Commission shall be held within thirty (30) days of the
date of the filing of the application for preliminary approval.
Section 9. Section 12.10.090 REVIEW BY CITY COU14CIL - HEARING OF
CHANGES - Within rteen 19 days after the preliminary earing y t e
P anning Commission, a recommendation for approval or denial shall be sub-
mitted to the City Council. Upon receipt of the recommendations of the Plann-
ing Commission, the City Council shall at its next public meeting, set a date
for a public hearing where it may adopt or reject the recommendations. If a
decision is made to change the recommendations, the City Council shall open
the hearing to the public prior to adopting any changes and approving or dis-
approving the preliminary plat. Preliminary approval by the City Council shall
be valid for one year unless a time extension is granted by the Planning
Commission. The Planning Commission may grant one extension not to exceed a
one year period.
Section 10. Section 12.10.100 RECORD OF HEARINGS - A record of All
public hearings ❑ t e Planning Commission and City Council shall be kept and
minutes of each such meeting in spry form shall be deemed compliant with
this requirement.
Section 11. Section 12.10.110 NOTIF'ICATIO14 OF PRELIMINARY APPROVAL
OR DISAPPROVA'-Th CCity Council shall either approve, disapprove or return
t e proposed subdivision to the applicant for modification or correction within
a period of sixty (60) days from the date of the filing of the application with
the City Planner, unless the applicant consents to an extension of such time.
Section 12. Section 12.10.120 INSTALLATION OF IMPROMIENTS
(1) Written Agreement - The subdivider and the City Engineer
shall agree in writing on a schedule for installation of required improvements
in. accordance with Sections 12.10.050. The subdivider may then make application
for such permits from local officials as are necessary to procede with the im-
provements.
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(2) Design and Certification of Improvements - If the City
Engineer and/or the City Planner determine that it is necessary, they may re-
quire the subdivider to provide that improvements such as streets, sewers
and water systems be designed and certified by or under the supervision of
a licensed civil engineer.
(3) Financial ,urantee and Time Limit - Improvements shall be
installed before the proposed pat receives fins approval unless the sub-
divider shall financially guarantee same within one year by posting an ade-
quate bond or other suitable security in the amount equivalent to the esti-
mated construction cost of the public improvements plus 10%. If the subdivider
does not meet this requirement, preliminary approval of the subdivision shall
be deemed expired.
(4) Acceptance and Guarantee - The public improvements shall
not be finally accepted by the City Engineer for the City of Edagnds until the
City has been furnished a bond in the amount of 15% of the cost of said im-
provements to guarantee against defects or workmanship and materials for a
period of two (2) years from the date of such final acceptance.
Section 13. Section 12.10.130 FINAL PLAT APPROVAL
(1) Time for A oroval - The final plat shall be approved, dis-
approved or returned to the applicant within thirty (30) days from the date of
filing thereof, unless the applicant consents to an extension of such time
period.
(2) r*nerai Requirements - The final plat shall meet the re-
quirements of the preliminary pat ands all incorporate.any modifications re-
quired as a condition of approval of the preliminary plat. The final plat shall
be submitted with required fees.
(3) 5urve and '4onuments
(a) The final plat shall be accompanied by a complete sur-
vey of the section or sections in which the plat or reolat is relocated, or as
much thereof as may be necessary to properly orient the plat within such section
or sections. The plat and section survey shall be submitted with complete field
and computation notes showing the original or reestablished corners with des-
criptions of the same and the actual traverse showing error of closure and
method of.balancing. A sketch showing all distances, angles and calculations
required to determine corners and distances of the plat shall accompany this
data. The allowable error of closure shall not exceed one foot in five thousand
feet.
(b) Inaddition, the survey of the proposed subdivision and
preparation of the plat shall be made by or under the supervision of a licensed
professional land surveyor who shall certify on the plat that it is a true and
Correct representation of the lands actually surveyed.
(c) Permanent control monuments shall be established at
each and every controlling corner on the boundaries of the parcel of land being
subdivided and such other points as the City Engineer shall determine are nec-
essary.
(Note: Applicable state law, RCW 58.17.160 (2) and RCW 58.17.250, respectively.)
(4) Description and Owner's Statement - The plat shall contain a
certificate giving a fulland correct description oir-the lands divided as they
appear on the plat including a statement that the subdivision has been made with
the free consent and in accordance with the owner's desires.
(5) Dedication - The plat shall also contain -.a certificate of
dedication for all areas deeded to the public for street, utility. 60 other pur-
poses required by this chapter. Such certificate of dedication shall be pro-
perly notarized and shall be considered, to all intents and purposes, a quit-
claim deed to the City. Every plat containing a dedication must be accompanied
9
by a title report containing the legal description of the property, and con-
firming that the. title of said subdivision property does belong to the
stated owner or owners. Final approval of the plat by the City shall be evi-
dence of acceptance of the dedications. dedications shall include waiver of
right of direct access to any street from any property if required as a con-
dition of approval. All roadways not dedicated to the public must be clearly
marked on the face of the plat.
(6) Additional Requirements - Each plat or replat of any pro-
perty filed for recordings all contain:
(a) A statement of approval by the Citv Engineer as to
the survey data, the layout of streets, alleys and other rights -of -way, de-
sign of bridges, sewage and water systems and other structures.
(b) Contain a certification from a proper officer in
charge of tax collections that all taxes and delinquent assessments for whch
the property may be liable as of date of certification have been duly paid,
satisfied or discharged.
. (c) Shall contain a waiver of all claims for damages
against any governmental authority which may be occasioned to the adjacent
land by the established construction, drainage and maintenance of improve-
ments required to be installed in said plat.
(7) Statement of Examination and Approval - Each and every pre-
liminary plat submitted for final approval shall be accompanied by reports
recommending approval or disapproval from the following City departments or
other agencies:
(a) The City Planner and the City Engineer shall certify
that the plat has been examined and approved as complying with all terms of
the preliminary approval of the proposed plat, subdivision or dedication.
(b) A letter shall be submitted with the final plat stat-
ing that the plat has been reviewed by the Snohomish County Public Health
Department as to the adequacy of the proposed means of sewage disposal and
water supply.
(8) Filinct Statement - The final plat shall be acknowledged
by the person filing - a- plat before the Snohomish County Auditor, or a notary
public, and a certificate of the acknowledgment shall be enclosed or annexed
to the plat.and recorded therewith.
(Note: App Ticable state statute, RCW 88.17.160 (3).)
(9) City Council Acceptance - When the City Council finds that
the public use and interest will be s__er_v_eTby the proposed subdivision and that
the subdivision meets the requirements of the City the written approval of the
City shall be placed upon the face of the plat.
Section 14. Section 12.10.140 EFFECT OF REZONES. Any lots in a
final plates o records al e a va id an use notw thstanding any change
in zoning laws for a period of five years from the date of filing.
(Note: Applicable state law, RCW 58.17.170)
Section 15. Section 12.10.150 SNORT SUBDIVISION AND PLAT REQUIRE-
MENTS. .
(1) Requirements for Short Plats - The following materials
shall be supplied with the application for a s art plat together with such addi-
tional information as may be required by the City Planner and/or the City Engi-
neer.
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(a) 14ao and Identification
(1) Date, scale and North point
(2) Boundary lines, accurate and to scale, of the
tract to be subdivided and each lot in the short subdivision.
(3) The location and names, where applicable, of
all existing or platted streets within or adjacent to the proposed short sub-
division.
(4) Location and width of any rights -of -way or
easements within the proposed short subdivision.
(5) Boundaries of all land reserved in the deed for
common use of the property owners of the short subdivision.
(6) Approximate location of existing structures.
(7) Location and width of proposed access drives and
easements with ownership clearly indicated.
(8) Any existing or proposed restrictions on the
use of the land.
(b) Legal Description - A legal description shall be sub-
mitted.with the application. The City Planner may require that the legal des-
cription be prepared by a licensed professional land surveyor or certified by
a title insurance company doing business in Snohomish County, Washington.
(c) Short Plat with Dedication - When land dedication is
required, the short plat shall be prepared by a licensed professional land
surveyor.
(d) Development Plan - When a short subdivision is de-
signed with lot sizes large enough to be capable of further subdivision, the
subdivider will be required to submit a future. development.plan depicting that
adequate provision has been made in the proposed short -subdivision, for the
future needs for access, utilities, compliance with the appropriate plans. of
the City and the other criteria as set forth in Section 12.10.050, of this
Chapter.
(2) Staff Review - Hearing Procedure - Appeal
(a) Staff Review - Upon receipt of the application, the
City Planner shall conduct at a s�view of the proposed subdivision to deter-
mine if the proposed short plat conforms to the.general and design criteria set
forth in Section 12.10.050 and based thereon, if in the opinion of the City
Planner .and City Engineer, it is not in the public interest to require installa-
tion of complete improvements as otherwise required by Section 12.10.050 of
this Chapter, they shall specify what improvements shall be required to be made
as a condition -of approval in order to accomplish the purpose of this section.
It is the intent of this section to permit latitude in the determination of
necessity of installation of improvements where the requirement of full im-
provements would be excessive for the proposed short subdivision.
The staff review shall be completed within ten (10) working days after receipt
of the application.
(b) Hearing Procedure - Within fifteen (15) working days
after the completion of the staff review, the .City Planner shall hold a review
hearing and approve or disapprove the application. Prior to said hearing,
notice shall be sent to the applicant and to the adjacent property owners as
defined in Section 12.10.040 (1) whose names and addresses shall be provided
by .the applicant and such notice shall be mailed and posted as provided in
Section 12.10.080 (1) (b) and (c). The notice shall contain a statement of
the nature of the application and the date, time and place of said hearing
and invite all interested persons to submit their comments concerning said
application to the City Planner, either prior to or at the hearing.
After reviewing the file and following the hearing, the City Planner shall
within three (3) working days of the completion of said hearing, prepare a
written report of his decision, which written report shall include a state-
ment of reasons for his decision. A copy of the final decision shall be
mailed to the applicant and all other persons who have made written request
for a copy of the same.
(c) Appeal to Planning Commission - The applicant or any
interested party may appeal the decision of the City Tanner by requesting
that the matter be set for public hearing before the Planning Commission.
Said request shall be in writing and must be filed with the City Planner
within fifteen (15) days from the date of completion of said hearing.
The appeal shall be set for hearing before the Planning Commission at the
earliest possible date provided, however, in no event shall the hearing be
held prior to ten (10) days after the mailing of notices of the date, time
and place of said hearing to all parties who have previously requested in
writing either a copy of the City Planners' written decision or to be noti-
fied of the appeal hearing. No other notice of the appeal hearing shall be
required to be given.
(d) Any appeal from the Planning Commission decision
shall be as provided in Section 12.10.190.
(3) Conditions of Approval
(a) Recardinq Dedication - Short subdivisions requiring
dedications of land, including access, u ty or other easements, shall be
recorded as a short plat with the Snohomish County Auditor and shall contain
a certificate setting forth:
(1) A full and correct description of the lands div-
ided as they appear on the short plat;
(2) . A statement that the short subdivision has been
made with the free consent and in accordance with the desires of the owner
or owners;
(3) The dedication of all streets and other areas
to the public, and others as shown on the short plat;
(4) A waiver of all claims for damages against any
governmental authority which may be occasioned to the ad.iacent land by any
established construction, drainage or maintenance;
(5) Shall, be signed.and .acknowledged. before a notary
public by all parties having any Interest in.the lands subdivided;
.(6) Shall be.accompanied by a title report.confiming
that the title of the .lands as described and shown on said short plat is in the
name of the owners signing the certificate;
(7) A waiver of right of direct access to any street
from any property;
(8) Shall be shown on the face of said short plat,
which shall thereupon be considered as a quit claim deed to the donee or donees,
grantee or grantees for his, her or their use for the purposes intended; and
(9), As a condition for approval, said short.. plats,
requiring a dedication may 15e required to be surveyed by a licensed professional
land surveyor and monuments placed on the site.
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(b) Installation of 1_mprovements - Installation of site
improvements may be required in order to ensure improved access and adequate
utilities. If site improvements are required to be installed, the subdivider
shall meet the requirements set forth in Section 12.10,120 of this chapter.
(c) Compliance with Conditions of Approval - All condi-
tions for approval shall be met by the applicant wit in ninety (90) days, or
the short subdivision shall be deemed expired. Sale, lease or transfer of
land within the subdivision shall not be completed until all conditions of
approval have been met.
(d) Other Conditions of Ap2roval - Any other conditions
of approval shall be set forth in writing as a covenant running with the land
and shall be granted by the owners of the property as grantors to the City of
Edmonds as grantee, and shall be reeoded by the City at the applicant's ex-
pense within ten (10) days of approval of the short subdivision.
(4) Approval of Dedication - When a dedication is required in
a short subdivision, acceptance of said dedication, by the City Council. shall
be obtained prior to the recording of the final short plat. The City Planner
shall place the short subdivision dedication on the next public hearing agenda
of the City Council and shall notify the applicant and all other persons who
leave their name and address with the City Planner of the date of the hearing
before the City Council.
(5) Further Subdivision - Every short subdivision further div-
ided in any manner within a period o five (5) ,years from the date of approval
of the short subdivision, shall comply with all the provisions relating to
subdivisions and plats in this chapter.
(6) Record of Proceedin s A.record of proceedings shall be
kept in the manner provided in Section 2.10.100.
Section 16. Section 12.10.160 LOT LINE ADJUSTMENTS
(1) ApplicabillU - When an exchange of property is grade be-
tween two adjoining lots, it shall be defined as a lot -line adjustment if it
satisfies the following criteria:
(a) Neither of the two lots affected is made substandard
with respect to the requirements for lot dimensions specified by Edmonds City
Code, Chapter 12.16.
(b) No existing building or structure is made substandard
or nonconforming in any respect.
(c) Existing easements in favor of the public are not
rendered impractical to serve their purpose.
(.d) There is no dedication of land for public purposes.
(2) Application Procedure
(a) Preliminary flap - A preliminary map shall be filed
with the application and fee. The map snail contain a legal description which
has been prepared by a licensed professional Iand surveyor or a Title Company,
and any other information required by the City Planner or City Engineer.
(b) Staff Review -Hearing Procedure - Appeal - Staff re-
view, hearing and appeals to the Panning Commission shall be conducted in the
same manner as set forth in Section 12.10.150 (2) of this Chapter:
(c) Record of Proceedings - A record of proceedings shall
be kept in the manner provided in Section 12. 0.100.
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Section 17. Section 12.10.170 - MODIFICATIONS
(I) Procedure for Subdivisions
(a) Where application of the requirements of this chapter
may result in undue hardship due to special conditions or circumstances pecu-
liar to the land such as size, shape and topography, and such conditions were
not brought upon the applicant by his own actions or the actions of his pre-
decessor in interest subsequent to the effective date of this ordinance; the
applicant may submit a request to the Planning Commission for modification of
the requirements.
(b) When a subdivider requests a modification of the pro-
visions of this ordinance, the Planning Commission shall hear the modifications
at the preliminary hearing and make recommendations to the City Council.
(c) The Planning Commission shall make their findings on
the basis of criteria defined in Section 12.16.100 of the Edmonds City Code.
(d) The City Council shall approve or disapprove the re-
quested modifications when it reviews t.1e preliminary plat as provided in
Section 12.10.090 and shall base such approval or disapproval on the criteria
set forth in (c) above.
(2) Procedure for Short Subdivisions - Requests for modifica-
tion of the requirements of this c apter as to any short subdiVi.sion shall be
heard by .the Board of Adjustment as an application for a variance as provided
by Chapter 12.16 of the Edmonds City Code.
Section 18. Section 12.10,180 PERMITS - No building permit, septic
tank permit, or other development permit, shaT e..issued for any lot; tract,
or parcel of land divided in violation of this.chapter unless the agency author-
ized to issue such permit finds that the public interest will not be adversely
affected thereby..
(Note: Applicable state law, RCW 58.17.210).
Section 19. Section 12.10.190 APPEALS - Any final decision for
which no other� direct appeal is specifica ly provided in this chapter approv-
ing or disapproving.any subdivision, plat, short subdivision, short plat or lot
line adjustment, and for which all other appeals specifically authorized have
been timely exhausted, shall be reviewable for unlawful, arbitrary, capricious
or corrupt action or nonaction by writ of review before the Superior Court of
Snohomish County. The action may be brought by any property owner in the City,
who deems himself aggrieved thereby: Provided, That application for a writ of
review shall be made to the Court within thirty days from any decision so to
be reviewed. The cost of transcription of all records ordered certified by
the Court for such review shall be borne by the appellant.
Section 20. Section 12.10.200 PENALTIES. Any person, firm, corpo-
ration, or association who violates any provision of this .chapter relating to
the sale, offer for sale, lease, or transfer of any lot, tract or parcel of
land, shall be guilty of a misdemeanor and each sale, offer for sale, lease
or transfer of each separate lot, tract, or parcel of land in violation of
any provision of this chapter shall be deemed a separate and distinct offense,
upon the conviction of which shall subject the violator to the penalties set
forth in Section 5.12.170 of the Edmonds City Code; Provided, however, that in
addition to the criminal sanctions provided herein for the violations of this
chapter the City shall have the right to commence an action to restrain and
enjoin any subdivision, sale or transfer or offers of sale or transfer, compel
compliance with the provisions of this chapter, and such other injunctive re-
lief as may be granted by a court sitting in equity jurisdiction
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Section 21. Section 12.10.210 REPEALER — Chapter 12.08. the
prior Subdivis on Co , of the dr!on s C ty a 1s herebv repealed.
Section 22. Section 12.10.30D SEVERABILITY - If any section, sub-
section, cause or p rase of is chapter is far any reason held to be in-
valid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
chapter, it being expressly declared that this chapter, and each section,
subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted, approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be declared in-
valid or unconstitutional.
APPROVED:
H. H. HARRISON
MAYOR
ATTEST:
IMM VARM MOO N
C CL RK
PASSED BY THE COUNCIL., March 19, 1974
FILED WITH THE CITY CLERK: February 5, 1W4
PUBLISHED: March 27, 1974
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CITY of EDMONDS
Civic Center • Edmonds, Washington 98020 • Telephone (206) 775-2525
Office of City Planning
January 25, 1974
MEMO TO: EDMONDS CITY COUNCIL
FROM: PLANNING DEPARTMENT
RE: SUBDIVISION ORDINANCE
The Planning Commission recommended at their meetina of January 9th
that the Subdivision Ordinance be passed on to the City Council with
certain changes. The following changes were made:
1. General Criteria and Design Criteria were incorporated in one
section (12.10.050)
2. Short subdivisions (4 lots or less) will be heard in a review
hearing held by the staff with appeal to the Planning Commission.
Notice will be given by posting on,lot and notices sent to adja-
cent property owners.
3. The modification procedure was refined. Modification of subdivi-
sion will be he by the Planning Commission and the Council in
their regular hearings of the preliminary plat and the Council
will grant or deny the modifications. Short subdivision modi-
fications will continue to be heard by the Board of Adjustment.
4. The numbering of sections was changed and is now final and
correct.
The City Attorney and the Planning Department also recommend that
the Council make the following changes:
1. Section_12.10.050 - part -__(2) (b} (1) (c) (page 7a)
Delete the sentence beginninn "The monuments shall..." and the
sentence beginning "Street monuments shall..." and chance them to
read as follows: "Monuments shall be of a-type.specified by.the
City Engineer and set as specified by the City Engineer." It
was felt that.the existing text reflected archaic standards and
that monumentation could be adequately supervised by the City.
Engineer.
-2-
2. Section 12.10.050 - part -(2) (d) (1) (c) (page 7c)
The lot dimension ratio should be changed to .4. This will
allow depth of 2z times the width which is consistent with
the present code and will prevent excessively long, narrow
lots.
3. Section 12.10.150 (3) (d) (page 30)
The following should be added as part: "Any other conditions
of approval shall be set forth in writing as a covenant runn-
ing with the land and shall be granted by the owners of the
property as grantors to the City of Edmonds as grantee, and
shall be recorded by the City at the applicant's expense
within ten (10) days of approval of the short subdivision."
The purpose of this clause is to ensure that special conditions
of approval become part of the record of the particular parcel
of land.
4. Section 12.10.080 (1) (c) (page 13)
"Postal cards" should be changed to read "notices".
5. Section 12.10.150 2) (page 25)
Delete "by the staff" on line 10.
6. Section 12.10.150 (6) (page 30)
Add new part to read as follows:
"A record of proceedings shall be kept in the manner provided
in Section 12.10.100."
7. Section 12.10.160 (2) �c) (page 32)
Add new part to read same as above.