19.32.050 Procedures for review—Specific land division types

19.32.050 Procedures for review—Specific land division types.

1. Approval Process. Short subdivisions follow the procedures established in AMC 19.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All such facilities and improvements must be completed or have a performance assurance guarantee posted to ensure completion as provided in AMC 19.51.070, prior to recording of the short subdivision. All development of a short subdivision must be subject to any conditions imposed by the city on the short subdivision approval.

3. Revision and Expiration. Short subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

4. Recording. All short subdivisions must be recorded in compliance with the following:

a. Prior to recording, the applicant must submit the final short plat map to the city for signatures per subsection C of this section and AMC 19.32.060.

b. Recording Required. No short subdivision may be recorded unless approved as provided in this chapter. A copy of an approved short subdivision must be filed for record with the Skagit County Auditor, and one reproducible copy must be furnished to the city.

5. Restriction on Further Division. Land within an approved and recorded short subdivision may not be further subdivided within a period of five years from the date of final approval if such further division would result in more than nine lots within the original short subdivision boundaries. Any division that would result in more than nine lots within the original short subdivision within the five-year period may be accomplished only by following the process for preliminary and final long subdivision approval in this section.

1. Approval Process. Preliminary long subdivisions follow the procedures established in AMC 19.20.030.

2. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All such facilities and improvements must be completed or have a performance assurance posted to ensure completion, as provided in AMC 19.51.070, prior to recording of the long subdivision. All development must be subject to any conditions imposed by the city on the preliminary long subdivision approval.

3. Revisions and Expiration. Long subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

1. Final plats must be submitted in accordance with AMC 19.32.060 and 19.32.070.

2. Review. The final plat must be reviewed to ensure that the following have been completed:

a. The proposed final plat meets all standards established by state law and this section relating to the final plat’s drawings and subdivision improvements.

b. The proposed final plat bears the certificates and statements of approval required by this section.

c. A current title insurance report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the final plat.

d. The legal description of the plat boundary on the current title insurance report agrees with the legal description on the final plat.

e. The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has provided a surety in an amount commensurate with improvements remaining to be completed per AMC 19.51.070.

f. The surveyor has certified that all survey monument lot corners are in place and visible.

g. The final plat contains a dedication to the public of all common improvements, including but not limited to streets, roads, sewage disposal systems, storm drainage systems, and water supply systems which were a condition of approval. The intention to dedicate must be evidenced by the owner’s presentment of a final plat showing the dedication, and the acceptance by the city must be evidenced by the approval of the final plat.

3. Review of Final Long Subdivisions. The City Council must review the final plat at a public meeting, according to the review criteria for final plats in AMC 19.32.070. No public hearing is required. If the City Council approves the final plat, the Mayor is authorized to inscribe and execute the written approval on the face of the plat map. If the City Council denies the final plat, the final plat will be returned to the applicant with reasons for denial and conditions for compliance.

4. Review of Final Short Subdivisions. The Director must review the final short plat according to the criteria for final plats set forth in AMC 19.32.070.

5. Recording. All final plats must be recorded in compliance with the following:

a. Fees and Performance Assurance. Prior to recording, the applicant must submit the original final plat drawings together with the plat checking fees. Unless all required improvements have been constructed prior to final plat approval, the applicant must also submit all required performance assurances to guarantee completion of the improvements as required by AMC 19.51.070.

b. Recording Required. No final plat may be recorded unless approved as provided in this section. The original of an approved final plat must be filed for record with the Skagit County Auditor.

c. Time Limit. All final plats must be recorded within 60 days after final approval is granted by the city. Approval must expire if the final plat is not recorded within this period.

1. Approval Process. Unit lot subdivisions follow the procedures established in AMC 19.20.030 for short subdivision or long subdivision, according to the number of unit lots proposed. Final unit lot subdivisions of 10 or more lots follow the procedures for final long subdivision in subsection C of this section.

2. Compliance with Prior Approvals. Sites developed or proposed to be developed with duplexes, triplexes, cottages and townhouses per the standards in AMC 19.43.010 may be subdivided into individual unit lots as provided herein. The development as a whole must conform to the regulations applicable to the site and zone and to applicable plans that were granted approval through provisions of this code.

3. Development on individual unit lots is not required to conform with all development standards that typically apply to individual lots as long as the parent lot conforms to all such development standards.

4. Subsequent platting actions, additions, or modifications to the structure(s) may not create or increase any nonconformity of the parent lot.

5. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners’ association must be executed for use and maintenance of common garage, parking and vehicle access areas; underground utilities; common open space; exterior building facades and roofs; and other similar features must be recorded with the Skagit County Auditor.

6. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use the parking is formalized by an easement recorded with the Skagit County Auditor.

7. Notes must be placed on the face of the plat or short plat as recorded with the Skagit County Auditor to acknowledge the following:

a. Approval of the design of the unit on each of the lots was granted by the review of the development, as a whole, on the parent lot per the standards of AMC Chapter 19.43, Residential Uses.

b. Development, redevelopment, or rehabilitation of structures on each unit lot is subject to review and approval of plans that are consistent with the design of the surrounding structures on the parent lot as approved by the city through subject file number as stated in subsection (D)(7)(a) of this section.

8. Effect of Preliminary Approval. Preliminary approval constitutes authorization for the applicant to develop the required facilities and improvements, upon review and approval of construction drawings by the Public Works Department. All development must be subject to any conditions imposed by the city on the preliminary approval.

9. Revision and Expiration. Unit lot subdivisions follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

1. Division of land using the binding site plan process is limited to:

a. Divisions for sale or lease of property in mixed-use or industrial zones.

b. Divisions for the purpose of lease when no residential structures other than manufactured homes or travel trailers are permitted to be placed on the land.

c. Divisions of land into lots or tracts made under the provisions of the Horizontal Properties Regimes Act (Chapter 64.32 RCW) or the Condominium Act (Chapter 64.34 RCW).

2. Approval Process. Binding site plans follow the procedures established in AMC 19.20.030.

3. Post-Approval Requirements. The following requirements apply to proposals submitted under this section:

a. All provisions, conditions, and requirements of the binding site plan are legally enforceable on the purchaser or any person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. A sale, transfer, or lease of any lot, tract, or parcel that does not conform to the requirements of the binding site plan approval will be considered a violation of this chapter.

b. All development must be in conformity with the approved binding site plan and any existing or subsequent applicable permit approval. Each binding site plan document must reference the requirement for compliance with any existing or subsequent permit approval.

c. Revision and Expiration. Binding site plans must follow the revision and expiration procedures established in AMC Chapter 19.28, Permit Revision and Expiration.

d. Approved binding site plans may contain any easements, restrictions, covenants, or conditions as would a subdivision approved by the city.

4. Recording. All final plats must be recorded in compliance with the following:

b. Recording Required. No final plat may be recorded unless approved as provided in this section. The original of an approved final plat must be filed for record with the Skagit County Auditor.

c. Time Limit. All final plats must be recorded within 60 days after final approval is granted by the city. Approval must expire if the final plat is not recorded within this period. (Ord. 3040 § 2 (Att. A), 2019)