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Snohomish City Zoning Code

CHAPTER 14

215 Subdivisions

14.215.010 Purpose and Scope.

The purpose of this chapter is to regulate the subdivision of land and adjustment of property lines to promote the public health, safety, and general welfare in accordance with the standards established by the state. The subdivision of land is processed as a plat or short plat, depending on the number of developable lots proposed. Revisions, vacations, alterations, and extensions to previously approved subdivisions or plats, if requested, are processed separately. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.020 Preliminary Plat Approval Criteria.

A. Preliminary plats are Type 4 permits under Chapter 14.20 SMC. The preliminary plat application information shall include, at a minimum, the following:

1. A title certificate;

2. The required fees related to the review of the preliminary plat; and

3. Submittal materials listed in SMC 14.20.060(C).

B. The approval criteria for approval of preliminary plats shall be as follows:

1. The criteria stated in RCW 58.17.110.

2. Consistency with the Comprehensive Plan.

3. Consistency with this Development Code and the adopted City of Snohomish Engineering Standards Manual.

4. Consistency with the concurrency requirement of SMC 14.20.090.

5. Provision of off-site improvements or dedications of land to the public which are needed to mitigate the development’s impacts and which are proportional to those impacts.

6. Compliance with the requirements of SMC Title 15, entitled “Sewer, Water, and Stormwater,” including but not limited to the provisions stated in:

a. SMC 15.04.140, Connection to Sewer System Required; and

b. Chapter 15.16 SMC, Stormwater Management. (Ord. 2173, 2009; Ord. 2184, 2010; Ord. 2252, 2013; Ord. 2338, 2017; Ord. 2353, 2018; Ord. 2529, 2025)

14.215.025 Preliminary Plat Approval.

A. Preliminary plat approval shall be effective for a period of 60 months. Additional time for application for final plat approval may be granted as provided by SMC 14.215.085.

B. Preliminary approval shall be considered the basis upon which the applicant may proceed toward development of the subdivision and preparation of the final plat subject to all the conditions of the preliminary approval.

C. When a plat is developed in divisions or phases and complete applications for final plats for all divisions or phases are not submitted within the time limits provided in this section, preliminary subdivision approval for all incomplete divisions or phases shall become void.

D. When a preliminary plat, or division or phase thereof, becomes void due to expiration of approval, a new, complete application for preliminary plat approval shall be required. Such application shall conform to regulations applicable at the time of submittal. (Ord. 2184, 2010; Ord. 2353, 2018; Ord. 2529, 2025)

14.215.030 Revisions of Preliminary Plats.

Applications to revise plats that have received preliminary approval shall comply with the following:

A. Revisions that result in any substantial changes as determined by the City Planner shall be treated as a new application for purposes of vesting and shall be reviewed in the same manner as the original submittal. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space or changes to conditions of approval on an approved preliminary plat.

B. Approval of the following modifications by the Planning Director shall not be considered substantial changes:

1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary plat approval;

2. Changes in lot dimensions that are consistent with Chapter 14.210 SMC;

3. A decrease in the number of lots to be created. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.035 Construction Drawings.

The applicant shall submit construction drawings for all required site improvements together with fees sufficient to cover all City costs in reviewing and processing the drawings. Such applications for site construction shall be processed as Type 2 permits under Chapter 14.20 SMC. The City Engineer shall determine whether the drawings conform to the design and development standards of the City. If they do not comply, the City Engineer shall return the drawings to the applicant with a letter of correction. If the drawings meet City standards, the City Engineer shall approve the drawings, issue construction approval, and collect the required fee deposit to cover construction inspection. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.040 Preconstruction Meeting.

City staff and other appropriate parties shall meet with the contractor responsible for the plat construction to review the approved preliminary plat requirements, construction drawings, construction methods, and any other relevant issues deemed necessary by City staff prior to the beginning of construction. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.050 Construction Compliance.

The City Engineer or designee shall inspect the required improvements. Except as provided in SMC 14.215.060, the City Planner shall not accept final plat application until said improvements are completed in accordance with the approved preliminary plat, the approved construction drawings, and the standards and requirements of this Development Code. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.060 Assurance That Any Remaining Improvements Will Be Installed.

Construction of improvements shall normally be complete prior to approving the final plat. However, the City may approve the final plat with certain incomplete improvements if:

A. Said improvements are more practically done later, such as the final lift of asphalt surfaces which might otherwise be marred by heavy equipment, or recreational equipment which might be vandalized if installed before the subdivision is populated, or street trees and other landscape and mitigation plantings which are better installed in a different season;

B. The applicant deposits a performance bond or cash surety, with the City as beneficiary, in an amount not less than 150 percent of the City Engineer’s cost estimate for the remaining improvements; and

C. Said bond or surety specifies a period within which to complete the improvements, which period shall not exceed two years from the date of final plat approval. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.070 As-Built Drawings.

The applicant shall submit as-built drawings to the City Engineer. An application for final plat shall not be accepted until the City Engineer reviews and approves said as-built drawings by means of signature on a reproducible copy furnished by the applicant. The applicant shall also provide the as-built drawings in a digital format approved by the City Engineer. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.080 Maintenance Bond.

A. The applicant shall deposit with the City a maintenance bond or similar surety that warrants the successful operation of all required plat improvements, and that warrants against defects in labor and material and any damage caused by construction activity.

B. The maintenance bond shall be valid for two years from City acceptance of all required improvements, which may or may not coincide with final plat approval as provided in SMC 14.215.060.

C. The bond or other surety shall be submitted with the final plat application and shall be 10 percent of the City Engineer estimated value of all required plat improvements.

D. The maintenance bond or other approved surety shall be in addition to any performance bond as provided in SMC 14.215.060.

E. The City Attorney shall approve the form, sufficiency, and manner of execution of the maintenance bond.

F. Upon the termination of the warranty period, and after any necessary restoration or repair of improvements, the City shall authorize the release of the maintenance bond; provided, that the City may withhold release of the bond up to one year from the date of any restoration or repairs to ensure adequacy. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.085 Extension of Time for Preliminary Plats.

As provided by this section, the City may authorize additional time for the submittal of a final plat for approval. Extensions may be granted in periods not to exceed one year.

A. A request for an extension of time shall be submitted in writing to the Planning Director and shall:

1. Be submitted not less than 60 days, nor more than 150 days, prior to the expiration of the preliminary plat approval.

2. Identify the preliminary plat by name, City permit number and date of decision.

3. Specify the cause of, and need for, an extension of time beyond that provided by SMC 14.215.025.

B. Upon review and consideration of the request, the Planning Director may at his/her discretion authorize an initial, one year extension for submittal of a final plat (60 months plus 12 months for a total of 72 months).

C. Upon review and consideration of the request, the Planning Director may at his/her discretion authorize a second, one-year extension for submittal of a final plat (72 months plus 12 months for a total of 84 months). (Ord. 2184, 2010; Ord. 2353, 2018; Ord. 2529, 2025)

14.215.090 Final Plats.

Final plats are Type 2 permits under Chapter 14.20 SMC. The application shall include, at a minimum, the following submissions:

A. Plat map certified by a registered land surveyor, including everything required by RCW 58.17.160 and including signage blocks as required by the City;

B. Title certificate confirming that title vests in the stated owners and that any dedications, easements, or deeds being granted to the City are free of encumbrances;

C. Legal descriptions of the lands divided as they appear on the plat;

D. Closure calculation records for all lots, tracts, and boundaries within the plat;

E. A statement that a subdivision has been made with the free consent of the owners;

F. A dedication to the public of all streets and other public areas;

G. A performance bond, if appropriate, per SMC 14.215.060 and a maintenance bond per SMC 14.215.080; and

H. A fee deposit to cover costs of processing the final plat. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.100 Final Plat Criteria.

The criteria for approval of a final plat shall be:

A. Accuracy and mathematical closure of all lots and boundaries;

B. Conformance with the preliminary plat conditions of approval;

C. Conformance with City ordinances and public works standards; and

D. Conformance with State law.

The signature on the face of the final plat and final short plat by the City Engineer and the Planning Director shall indicate City approval of the plat. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.105 Phased Development.

Portions of an approved preliminary plat may be processed separately by the Department for the purpose of recording divisions. All divisions shall be approved within the prescribed time limits for the preliminary plat, and all conditions of approval for each particular division must be met. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.110 Vacations and Alterations of Plats.

Vacating a plat shall be accomplished in accordance with RCW 58.17.212. Alteration of a plat shall be accomplished in accordance with RCW 58.17.215. (Ord. 2353, 2018; Ord. 2529, 2025)

14.215.120 Short Plat.

A. Preliminary short plats are Type 3 permits under Chapter 14.20 SMC. Applications for preliminary short plats shall include, at a minimum, the following submittal requirements:

1. Title certificate;

2. The required fees related to the review of the preliminary short plat;

3. Submittal materials listed in SMC 14.20.060(C).

B. The criteria for approval of preliminary short plats shall be:

1. Consistency with the criteria stated in RCW 58.17.110.

2. Consistency with the Comprehensive Plan.

3. Consistency with this Development Code and the adopted City of Snohomish engineering standards manual.

4. Consistency with the concurrency requirement of SMC 14.20.090.

5. Provisions of off-site improvements or dedications of land to the public which are needed to mitigate the development’s impacts and are proportional to those impacts.

6. Compliance with the requirements of SMC Title 15, entitled “Sewer, Water, and Stormwater,” including but not limited to the provisions stated in SMC 15.04.140, Connection to Sewer System Required.

7. Short plats shall not result in more than four developable lots within the subdivision.

C. Land within a short plat shall not be subdivided within five years of final short plat approval.

D. Final Short Plat Criteria. The criteria for approval of a final plat shall be:

1. Accuracy and mathematical closure of all lots and boundaries;

2. Conformance with the preliminary plat conditions of approval;

3. Conformance with City ordinances and public works standards; and

4. Conformance with State law.

The signature on the face of the final short plat by the City Engineer and the City Planner shall serve as approval of the short plat. (Ord. 2252, 2013; Ord. 2353, 2018; Ord. 2529, 2025)

14.215.125 Fee Simple Unit Lot Subdivisions.

A. Purpose. The purpose of this section is to allow subdivision of certain housing types listed as allowed uses in Chapter 14.207 SMC where subdivision is not otherwise possible due to conflicts between characteristics of the development type and applicable dimensional standards in Chapter 14.210 SMC. In such cases, the unit lot subdivision process provides opportunities for fee simple ownership of land as an alternative to condominium ownership. Unit lot subdivision applies the dimensional standards in Chapter 14.210 SMC to the overall site, the “parent lot,” while allowing flexibility in the dimensional standards for the subordinate “unit lots.” This section is not intended to permit uses or densities that are not otherwise allowed in the land use designations in which a unit lot subdivision is proposed.

B. Applicability.

1. Only sites located in the following zoning districts may be subdivided into individual lots pursuant to this section:

a. Low Density Residential;

b. Medium Density Residential;

c. High Density Residential;

d. Commercial;

e. Business Park;

f. Historic Business District;

g. Pilchuck District; or

h. Single-Family Residential, only for accessory dwelling units (ADUs) pursuant to Chapter 14.170 SMC.

2. Only sites developed or proposed to be developed with the following types of development may be subdivided into individual lots pursuant to this section:

a. One or more duplexes; or

b. Townhouses; or

c. Detached dwellings or cottage housing pursuant to Chapter 14.175 SMC;

d. Manufactured home parks pursuant to Chapter 14.180 SMC; or

e. Accessory dwelling units pursuant to Chapter 14.170 SMC.

3. For previously developed lots, eligibility for unit lot subdivision shall be subject to compliance with all standards applicable to the parent lot and proposed unit lots. Inconsistency of existing development with the provisions of this section shall not constitute justification for a variance under Chapter 14.70 SMC.

C. Deviation From Dimensional Standards. The overall development on the parent lot proposed for subdivision shall maintain consistency with the development standards applicable to the zoning district and the land use type at the time the application is vested, as specified by the applicable code provisions and this section. Subsequent additions or modification to the structure(s) shall not create any nonconformity of the parent lot. Deviation from setback, lot width, and lot area standards in Chapter 14.210 SMC may be approved for individual unit lots through a unit lot subdivision, subject to any limitations in this section. Structures on unit lots and structures divided by unit lots that conform to a recorded unit lot subdivision shall not be considered nonconforming under Chapter 14.80 SMC.

D. Subdivision of Cottage Housing and Detached Dwelling Developments on a Single Lot.

1. Setbacks from the perimeter property lines of the parent lot shall conform to the setbacks for the underlying zoning district where the development is proposed.

2. The minimum lot size for detached dwelling developments shall be 3,500 square feet. Cottage housing developments do not have a minimum lot size requirement.

3. Each dwelling unit shall be subject to the design standards referred to in SMC 14.175.030(D) except where they conflict with the provisions of this section.

4. Unit lots shall comply with all other provisions of SMC 14.210.215, except that lot lines shall be used in place of internal boundaries of exclusive use.

E. Mobile Home Parks. Mobile home parks shall be eligible for unit lot subdivision where consistent with the criteria and standards in Chapter 14.180 SMC, except that the unit lot subdivision and administrative development plan shall serve in lieu of the recorded development plan.

F. Approval Process. Unit lot subdivisions of four or fewer lots shall be processed in the same manner as short plats, as a Type 3 permit pursuant to Chapter 14.20 SMC. Unit lot subdivisions of five or more lots shall be processed as plats, as a Type 4 permit pursuant to Chapter 14.20 SMC. For subdivision of undeveloped land, the required site development plan process may be incorporated into the plat process.

G. Approval Criteria. In addition to any other standards and approval criteria applicable to a unit lot subdivision proposal, including but not limited to criteria in Chapters 14.65 and 14.210 SMC and this chapter, proposals shall be subject to the following:

1. Each unit lot shall have individual sewer service, water service, and a power meter specific to that unit.

2. Except for accessory dwelling units, private usable open space of at least 400 square feet, exclusive of required parking, shall be provided for each dwelling unit on the same unit lot as the dwelling unit it serves. Such areas shall have a minimum dimension of 15 feet and shall be usable.

3. Parking shall be calculated and designed for each lot in compliance with Chapter 14.235 SMC, although parking required for a dwelling may be provided on a different lot or tract within the parent lot as long as the right to use that parking is formalized by an easement declared on the plat. Where parking is provided on a different lot or tract the following sections of Chapter 14.235 SMC shall not apply or shall be modified as indicated:

a. SMC 14.235.070, Joint Uses of Parking Facilities.

b. SMC 14.235.080, Conditions Required for Joint Use.

c. SMC 14.235.090, Location of Parking Spaces.

d. SMC 14.235.130(G), Backing into Streets: backing into private streets shall be allowed.

e. SMC 14.235.130(M), Tandem Parking: tandem parking shall be allowed for all types of development. (Ord. 2240, 2012; Ord. 2353, 2018; Ord. 2444, 2022; Ord. 2495, 2024; Ord. 2529, 2025)

14.215.130 Boundary Line Adjustments.

A. This section sets forth procedures and criteria for the review and approval of minor adjustments to boundary lines of existing legal lots in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes.

B. Applications for boundary line adjustments shall be reviewed for consistency with the City of Snohomish Land Use Development Code, including shoreline management regulations, and critical area regulations, applicable Snohomish Health District regulations and the City’s fire and building code regulations.

C. The City shall not approve any proposed boundary line adjustment that would:

1. Result in the creation of an additional lot;

2. Cause any lot to contain insufficient area, dimensions, or building setbacks per this Development Code or increase an existing nonconformity;

3. Result in a lot that does not qualify as a building site pursuant to this title;

4. Be inconsistent with any restrictions or conditions of approval for a recorded plat or short plat, including requirements for open space; or

5. Involve lots which do not have a common boundary.

D. An application for a boundary line adjustment shall expire one year after a complete application has been filed with the City. An extension up to an additional year may be granted by the Planning Director upon a showing by the applicant of reasonable cause. (Ord. 2082, 2005; Ord. 2353, 2018; Ord. 2529, 2025)

14.215.140 Binding Site Plans.

A. Binding site plans are a Type 2 permit under Chapter 14.20 SMC. They are an alternative to the subdivision procedures set forth in this chapter for the following divisions of land:

1. Division of commercially or industrially designated land; and

2. Divisions of land into lots or tracts as provided for in RCW 58.17.040(7).

B. Application and Approval Procedures.

1. The binding site plan application shall include, at a minimum, the following:

a. A title certificate;

b. The required fees related to the review of the binding site plan; and

c. Submittal materials listed in SMC 14.20.060(C).

2. Binding site plans may only be approved by the Planning Director if, at a minimum, all of the following criteria are met:

a. The requirements of RCW 58.17.035 are met as well as those of RCW 58.17.040(4), (5), and (7) as applicable to the specific project;

b. The proposal is found consistent with the Comprehensive Plan;

c. Appropriate provisions are made for protecting the public health, safety, and general welfare;

d. No nonconforming lot or structure shall be created nor shall the intensity of an existing nonconformance be increased; and

e. Lots that do not qualify as a building site pursuant to this title shall not be created.

3. In the event that the Planning Director determines that the criteria set forth in subsection (A)(2) of this section are not met, the Planning Director may approve the binding site plan with conditions which, if complied with, will cause the plan to meet the criteria.

4. The signature on the record of survey of the binding site plan by the City Engineer and City Planner shall serve as approval of the binding site plan.

C. Recording – Binding Effect.

1. All binding site plans, after approval, shall be recorded with the County Auditor’s Office with a record of survey.

2. The record of survey shall include, at a minimum, the following information:

a. The name of the binding site plan;

b. Legal description of existing lots;

c. The date, north arrow and appropriate engineering scale as approved by the Planning Director;

d. Boundary lines, right-of-way for streets, easements, and property lines of lots and other sites with accurate bearings, dimensions or angles and arcs, and of all curve data;

e. Names and right-of-way widths of all streets within the parcel and immediately adjacent to the parcel. Street names shall be consistent with the names of existing adjacent streets;

f. Number of each lot consecutively;

g. Reference to covenants and special restrictions either to be filed separately or on the face of the binding site plan;

h. Location, dimensions and purpose of any easements, noting if the easements are private or public;

i. Location, physical description, and date visited of monuments and all lot corners set and found;

j. Existing structures, including any within 50 feet of existing or proposed lot lines, all setbacks, and all encroachments;

k. Primary control points identified (i.e., calculated, found, established, or reestablished), basis of bearing, and horizontal and vertical datums as required by the Public Works Department. Descriptions and ties to all control points will be shown with dimensions, angles and bearings;

l. A dedicatory statement acknowledging public and private dedications and grants;

m. Parking and general vehicle circulation areas when required;

n. Other restrictions and requirements as deemed necessary by the City;

o. The applicable requirements of RCW 58.17.040(7) shall be met, including inscription of the following statement on the binding site plan:

All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. If the project is a condominium, upon completion the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.

3. Lots, parcels, or tracts created through the binding site plan procedure shall be legal lots of record.

4. All provisions, conditions, and requirements of the binding site plan shall be shown on the face of the record of survey or in attachments recorded with the record of survey and shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

D. Alteration or Vacation of Binding Site Plans.

1. The Planning Director may allow for modifications to binding site plans, upon application, only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not impact the public health, safety, or welfare, nor does it adversely impact the environment or the delivery of services to the site. The proposed modification must be clearly shown on a revised map and be accompanied by a letter of explanation of the proposed modification. Upon administrative approval of such modification, the modification(s) shall become part of the binding site plan and recorded with the County Auditor as applicable. If, in the opinion of the Director, the modification constitutes more than a minor modification, the proposal shall be processed as a new binding site plan.

2. The Planning Director may allow for vacation of an entire binding site plan, upon application, if no permits have been issued. Vacations of this type may be done as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission of a letter of intent to vacate with the City of Snohomish Planning Department. The applicant is subject to payment of all outstanding fees for City permit review at the time of vacation submittal.

3. After issuance of any building or site development permits, the vacation of all or part of a binding site plan shall be accomplished by following the same process and applying the same criteria as for an initial application for binding site plan approval. Any vacated portion of a binding site plan shall be considered to be one lot, unless divided by an approved subdivision or short subdivision.

E. Violation.

1. Any sale, transfer, or lease of any lot, tract, or parcel created pursuant to a binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval, shall be considered a violation of the Snohomish Municipal Code and Chapter 58.17 RCW, and may be restrained by injunctive action.

2. Compliance with the requirements of this code shall be mandatory. The general penalties and remedies established in Chapters 1.14 and 14.85 SMC for such violations shall apply to any violation of this code. The enforcement actions authorized under this code shall be supplemental to those general penalties and remedies of Chapters 1.14 and 14.85 SMC. (Ord. 2385, 2020; Ord. 2529, 2025)