Snohomish County Unincorporated
City Zoning Code

(1) The purpose of this chapter is to:

(2) The provisions of this chapter shall apply to subdivisions as defined in this title and to every redivision of a short subdivision occurring within five years of the date of recording of the original short subdivision, except as provided in SCC 30.41B.010(2).

(3) The property owner of a split parcel may submit a plat to subdivide parcel split by a UGA boundary if one division of the parcel occurs on the UGA boundary line resulting in one lot encompassing the entire rural or resource area, even if this one lot does not meet minimum lot dimension requirements. Any additional division of the lot including lots created within the urban portion of the original parcel or additional lots created within the rural or resource area of the site must meet all applicable zoning and development standards set forth in subtitle 30.2 SCC and applicable subdivision requirements in subtitle 30.4 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions made by testamentary provisions or the laws of descent;

(3) Division of land for the purpose of lease, when used for a mobile home park or recreational vehicle park pursuant to the binding site plan provisions of chapter 30.41D SCC;

(4) Boundary line adjustments completed pursuant to chapter 30.41E SCC;

(5) Condominiums, when prepared and filed in accordance with the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34. RCW;

(6) Assessor’s plats, when prepared and filed in accordance with the provisions of RCW 58.18.010 and when the lot size requirements of this code have been met;

(7) Division of land into lots, tracts or parcels each of which is at least one eighth of a section of land or larger, or 80 acres or larger in size if not definable as a fraction of a section of land; and

(8) Divisions of land pursuant to the binding site plan provisions of chapter 30.41D SCC.

(9) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005).

(1) A legal division of land shall be recognized as having occurred in the following circumstances; provided, that the requirements of subsection (2) of this section are met:

(2) Lots, tracts, or parcels shall be recognized only if the division of land complied with all minimum requirements of applicable state law and zoning requirements of the Snohomish County Code in effect at the time of division. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-013, Apr. 5, 2006, Eff date Apr. 22, 2006; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

(1) The hearing examiner may approve, approve with modifications, or deny subdivisions under the criteria set forth in this chapter.

(2) A preliminary subdivision application may be denied without prejudice by the hearing examiner under SCC 30.72.060. If denied without prejudice, the application may be reactivated under the original project number and without additional filing fees if a revised application is submitted within six months of the date of the hearing examiner’s decision. In all other cases a new application shall be required.

(3) In addition to the notice required by chapter 30.70 SCC, the department shall distribute copies of the preliminary subdivision application to each of the following and shall allow 21 days from the date of published notice for the agencies to submit comments on the proposal:

(1) A preliminary subdivision application shall comply with the requirements set out in the application checklist as provided by the department pursuant to SCC 30.70.030.

(2) A preliminary plat shall be prepared and bear the signature and seal of a registered professional land surveyor. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner and the department shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The hearing examiner shall approve a preliminary subdivision only if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds, fire protection and other public facilities. The hearing examiner shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the subdivision and dedication.

(2) If the hearing examiner finds that the proposed preliminary subdivision makes appropriate provisions for the matters listed in SCC 30.41A.100(1) and enters written findings that the subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the hearing examiner finds that the proposed subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the hearing examiner may deny the proposed preliminary subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners.

(5) All subdivisions are also subject to the requirements of chapters 30.32A, 30.32B, and 30.32C SCC, regarding forest, agricultural and mineral lands and the right to practice forestry and to farm. In the event of a conflict between the provisions of this chapter and the resource lands chapters, the resource lands chapters shall control. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006).

(1) The hearing examiner shall consider the physical characteristics of a proposed subdivision site, and may disapprove a proposed preliminary subdivision because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final subdivision.

(2) No preliminary subdivision shall be approved in a special flood hazard area as defined by chapter 30.65 SCC unless the requirements of SCC 30.65.110(3) are met. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall ensure that the applicable requirements of chapter 30.66C SCC are met.

(2) When a preliminary subdivision wholly or partially contains a school site proposed in the comprehensive plan or other officially adopted plans, or when the school district finds a reasonably foreseeable need for such a site, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the school district. The county shall require evidence of need from the school district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) When the affected fire district finds a reasonably foreseeable need for a site wholly or partially contained within the preliminary subdivision, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the fire district. The county shall require evidence of need from the fire district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation.

(2) The applicant may be required to present evidence in the form of a letter or agreement with the affected fire district documenting that the applicant has agreed to offset the cost of the district’s growth which is reasonably attributable to the proposed subdivision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall ensure that the requirements of chapter 30.66A SCC are met.

(2) When a preliminary subdivision contains a portion of a county trail or open space network which is indicated in the park plan element of the comprehensive plan or other officially adopted plan, an area encompassing such trail or open space network may be required to be set aside for its intended purpose by the granting of a trail or open space easement to the county, dedication, or reservation for future purchase by the public. The hearing examiner may determine a reasonable time or specify the event, limiting the effective period of the reservation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Applicability. The provisions of this section apply exclusively to the unit lot subdivision of land for townhouse, mixed townhouse, or cottage housing developments in zones where such uses are allowed.

(2) Townhouse, mixed townhouse, and cottage housing developments may be subdivided into individual unit lots. The development as a whole shall meet the development standards applicable to the underlying site development plan. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit.

(3) Unit lot area and width per unit for purposes of subdivision may be as small as the coverage of the individual unit.

(4) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site pursuant to SCC 30.41A.675.

(5) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation areas; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, which shall be recorded with the county auditor’s office.

(6) A unit lot subdivision shall make adequate provisions for ingress, egress, and utilities access to and from each unit lot created by reserving such common areas or other easements over, under, and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan, and such easements shall be recorded with the county auditor’s office.

(7) Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

(8) Site development and building construction may commence upon approval of a site development plan but prior to final subdivision approval and recording when all applicable permits and approvals have been obtained by the applicant. No unit lot may be sold, transferred, or conveyed prior to final subdivision approval and recording. The model home provisions of SCC 30.41A.500 through 30.41A.550 shall not apply to unit lot subdivisions subject to this section. (Added by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) The standard term of approval for a preliminary subdivision is pursuant to SCC 30.70.140, except that preliminary subdivision approval may be extended for a period not to exceed four months by the department if the applicant demonstrates that a continued good faith effort has been exerted to complete the final subdivision and provides justification of the extenuating circumstances as to why the additional four months is required. A request for consideration of the four-month extension shall be filed with the department at least 30 days prior to the date the approval is set to expire.

(2) The applicant may request final subdivision approval in phases, subject to the time restrictions in SCC 30.70.140 and the terms of the preliminary subdivision approval. Open space, amenities, and other requirements of the preliminary approval shall be completed coincident with each phase of the final subdivision on a pro rata basis unless otherwise required in the preliminary approval. A revision to the preliminary approval, pursuant to SCC 30.41A.330, must be applied for with the request to complete the final subdivision improvements in phases. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Eff date June 25, 2009; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Oct. 28, 2012; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 17-045, July 26, 2017, Eff date Aug. 12, 2017).

(1) A full drainage plan shall be submitted as per chapter 30.63A SCC;

(2) A construction plan shall be submitted complying with the EDDS; and

(3) The full drainage plan and construction plan as specified above shall be reviewed under the direction of and approved by a registered professional engineer qualified in civil engineering assigned to the department. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Before requesting final approval, the applicant shall carry out minimum improvements by any of the following methods:

(2) A maintenance security shall be required in order to assure the successful operation of the improvements in accordance with chapter 30.84 SCC. The maintenance security shall be required upon completion of construction and installation of the improvements to the satisfaction of the department. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-077, Aug. 26, 2009, Eff date Sept. 19, 2009; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) As built drawings reflecting any changes to previously approved construction drawings to the department. No changes in improvements may be made without prior approval of the department;

(2) Copies of the subdivisions and drawings showing the actual location of all mains, hydrants, valves, and other fire improvements to the fire marshal; and

(3) A statement by the applicant and his registered engineer that the drawings show the actual location of the improvements required to be shown therein. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All improvements required within a subdivision shall be constructed or installed, or construction or installation assured in accordance with chapter 30.84 SCC, as provided by chapter 30.41A SCC, within the period or term of approval of the preliminary subdivision, as set forth in SCC 30.41A.300.

(2) All water supplies from community or public wells to serve the development shall be installed and shall produce the supply required prior to the recording of the final subdivision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The applicant for the model home building permit, if different than the owner and applicant for the approved preliminary subdivision, shall provide a document signed by the owner demonstrating that the applicant has real or possessory interest in the property on which the model home will be constructed;

(2) The applicant has submitted and received approval of construction plans for the model home to be built;

(3) Retention/detention facilities that serve the model home lots shall be in place or approved for recording;

(4) Any road improvement required as a condition of preliminary subdivision approval which is designed to provide access to the model home lots from an existing public road or public highway shall be constructed to final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). The access road shall meet the requirements of 30.53A.150(902.2.2.2). The driveway(s) for the model home(s) shall be approved in accordance with the EDDS. Lot corners and driveway locations for the model home lots shall be staked by a registered professional land surveyor;

(5) All mitigation fees required as a condition of preliminary subdivision approval, which are required to be fulfilled prior to building permit issuance, shall have been paid for the model home lot(s) prior to the issuance of a building permit for the model home;

(6) The application for the model home must be submitted at least 60 days prior to the date of preliminary subdivision expiration; and

(7) Fire protection must be available to any lot proposed for construction of a model home. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004).

(1) Title certificate demonstrating ownership interest in the property on which the model home will be constructed;

(2) Building plot plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required or proposed easements including but not limited to easements required by chapter 30.63A SCC; and the separations required therein;

(3) One dark line print of the proposed final subdivision;

(4) A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction or occupancy of the model home(s) prior to recording of the final subdivision; and

(5) In addition to the residential building permit fees for plan check, site review, and access permit, a model home fee for each model home and subdivision base fee shall be required. See chapter 30.86 SCC for applicable fees. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).

(1) Monumentation complying with the current EDDS shall be placed at all public road(s) intersections, boundary angle points, points of curves in public road(s), or at such intermediate points as may be required by the department.

(2) If any land in a subdivision is contiguous to a body of water, river, or stream, monuments shall be set along a meander line which shall be established along the shore at such distance back from the ordinary high-water mark as to reasonably ensure against damage and destruction by flooding or erosion. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line.

(3) All lot and block corners or witness corners shall be set with an iron pipe or steel reinforcing bar at least 24 inches in length, or alternate materials as approved by the department, before recording of the subdivision. All corners shall be identified with the land surveyor’s registration number. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All highways and public roads or portions thereof and parcels of land shown on the final plat intended for any public use shall be deeded or offered for dedication for public use except where the provisions of this chapter provide otherwise.

(2) Public roads, or portions thereof, may be reserved by the county for future dedication where the immediate opening and improvement is not required, but where it is necessary to ensure that the county can later accept dedication when the public roads become needed due to traffic impacts of the subdivision, together with expected impacts of reasonably foreseeable future development of the areas or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the final plat in a form acceptable to the department. Easements for the purpose of serving the subdivision and other property with utility services and granting the right to enter upon the lots, tracts, and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment shall be reserved for and granted to all utilities and to their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots, tracts, and common areas. Easements required per chapter 30.63A SCC for low impact development best management practices and stormwater management facilities, and easements for other purposes required by Snohomish County Code, shall be dedicated as appropriate. The department shall establish standard language for the establishment of such easements and shall make the standard language available with the submittal requirements checklists for final subdivision approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) The department shall examine the final subdivision application for adequacy of any required road improvements and right-of-way dedications, the mathematical closure of all lots and boundaries, and any other conditions required for compliance with the provisions of county code and conditions of preliminary approval. The applicant shall provide computation records for the lots and boundaries. The department may require additional information from an applicant where necessary to review the final subdivision application.

(2) The department shall coordinate the final subdivision review process among the appropriate county departments and other agencies.

(3) The final subdivision shall be approved or disapproved by the department. The department shall base its decision on the following:

(4) Upon finding that the final subdivision has been completed in accordance with the county code, that the plat is in proper form for recording as established by the submittal requirements, that all required improvements have been completed or the arrangements or contracts have been entered into to guarantee that such required improvements will be completed, that all conditions of the preliminary subdivision approval and requirements of state law and county code have been met, and that the interests of the county are fully protected, the department shall obtain the necessary signatures on the final plat and the director shall sign the final plat, accepting such dedications and easements as may be included thereon, for final approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 03-047, June 4, 2003, Eff date June 20, 2003; Amended by Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017; Amended by Ord. 22-020, June 1, 2022, Eff date June 12, 2022; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) All taxes on the property within a final plat must be paid for the current year in advance, together with all delinquent assessments for which the property may be liable as of the date of certification and all special assessments against the property which, under the subdivision filed, become public roads, alleys, and other public places. The county treasurer shall indicate by seal and signature proof of payment on the face of the final subdivision.

(2) Any person filing a final subdivision subsequent to May 31 in any year and prior to the date of the collection of taxes, shall deposit with the county treasurer a sum equal to the product of the county assessor’s latest valuation on the unimproved property in such subdivision multiplied by the current year’s millage rate and increased by 25 percent on the property platted. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The original of the final subdivision shall be filed and recorded with the county auditor within 30 days from the date of approval or the final approval shall lapse. In the case of a lapsed final approval, SCC 30.41A.300 shall govern the expiration of the preliminary approval.

(2) The auditor shall prepare and distribute copies bearing the auditor’s recording data to the department, the department of public works, county or district fire officials, and the county assessor.

(3) The auditor shall refuse to accept any final subdivision for filing and recording until final subdivision approval has been given. Should a final subdivision or dedication be filed or recorded without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of and on behalf of the council, directing the auditor and assessor to remove from their files or records the unapproved subdivision or dedication of record. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 22-020, June 1, 2022, Eff date June 12, 2022).

(1) A recorded final subdivision may be altered pursuant to SCC 30.41A.710 through 30.41A.750. These provisions apply to the reconfiguration of any element graphically portrayed on a recorded final plat and to the alteration of conditions, restrictions, easements, or other textual materials on the plat or with a recorded final subdivision.

(2) Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered a subdivision alteration and shall be processed as a new subdivision or short subdivision.

(3) The subdivision alteration provisions do not apply to corrections to recorded final plats, revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of chapter 30.41E SCC, or to alterations of final short subdivisions pursuant to SCC 30.41B.700. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An application for a subdivision alteration shall contain the signatures of a majority of those persons having an ownership interest in lots, tracts, parcels, sites, or divisions in the subdivision or portion to be altered.

(2) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

(3) The applicant shall present a certificate of title showing the names of all persons who would be affected by the proposed alteration, as well as any easements or other encumbrances on the property subject to the proposed alteration.

(4) If the alteration proposes to change the recorded plat, a drawing prepared at the same scale as the recorded plat shall be submitted showing the details of the proposed alteration.

(5) If the alteration proposes a change to restrictions, conditions, or easements of a textual nature not depicted on the plat, a clearly written textual revision shall be submitted.

(6) A written statement of why the alteration is being requested and how the public interest would be served by its approval shall be submitted. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Public notice, project review, and the decision for a subdivision alteration application shall be done administratively by the department unless:

(2) The department may determine a public hearing is required based on, but not limited to, the following:

(3) If a public hearing is required, public notice shall be provided and the application shall be reviewed and decided as a Type 2 decision by the hearing examiner. If approved, the subdivision alteration shall be provided to the county council for final processing pursuant to SCC 30.41A.750.

(4) If no public hearing is held, the department shall make a recommendation and forward the application to the hearing examiner for a written decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of the application for a subdivision alteration shall be provided as set forth in SCC 30.70.050 and 30.70.060.

(2) In addition to the notice requirements set forth above, mailed notice requirements for the application shall include a mailing to each property owner within the subdivision, and if a hearing is required, notice of the hearing to all persons who submitted written comments during the comment period. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Upon approval of a subdivision alteration the applicant shall produce a revised drawing and any other documents required to show the authorized changes to the final plat.

(2) The revised final plat shall bear the seal of a registered professional land surveyor, shall include the contents of a final plat, and shall be processed and recorded in the same manner as set forth for final subdivisions.

(3) All persons with an ownership or security interest in the property to be altered must sign the altered plat prior to recording.

(4) Altered subdivisions shall change, alter, or supersede the original subdivision only in the specific ways approved and set forth in the recorded documents. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Except as provided in SCC 30.41A.820(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels, and any person or any agent, sells, transfers, or advertises for sale or transfer any such lot, tract, or parcel without either having a final subdivision filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales or transfers or offers of sale or transfer and compel compliance with all provisions of this code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary subdivision approval is expressly conditioned on the recording of the final subdivision containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41A.820(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final subdivision is approved and recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court for Snohomish County. The violation of such assurance shall constitute prima facie proof of a violation of this chapter.

(2) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days, or both. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The purpose of this chapter is to:

(2) The provisions of this chapter shall apply to subdivisions as defined in this title and to every redivision of a short subdivision occurring within five years of the date of recording of the original short subdivision, except as provided in SCC 30.41B.010(2).

(3) The property owner of a split parcel may submit a plat to subdivide parcel split by a UGA boundary if one division of the parcel occurs on the UGA boundary line resulting in one lot encompassing the entire rural or resource area, even if this one lot does not meet minimum lot dimension requirements. Any additional division of the lot including lots created within the urban portion of the original parcel or additional lots created within the rural or resource area of the site must meet all applicable zoning and development standards set forth in subtitle 30.2 SCC and applicable subdivision requirements in subtitle 30.4 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions made by testamentary provisions or the laws of descent;

(3) Division of land for the purpose of lease, when used for a mobile home park or recreational vehicle park pursuant to the binding site plan provisions of chapter 30.41D SCC;

(4) Boundary line adjustments completed pursuant to chapter 30.41E SCC;

(5) Condominiums, when prepared and filed in accordance with the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34. RCW;

(6) Assessor’s plats, when prepared and filed in accordance with the provisions of RCW 58.18.010 and when the lot size requirements of this code have been met;

(7) Division of land into lots, tracts or parcels each of which is at least one eighth of a section of land or larger, or 80 acres or larger in size if not definable as a fraction of a section of land; and

(8) Divisions of land pursuant to the binding site plan provisions of chapter 30.41D SCC.

(9) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005).

(1) A legal division of land shall be recognized as having occurred in the following circumstances; provided, that the requirements of subsection (2) of this section are met:

(2) Lots, tracts, or parcels shall be recognized only if the division of land complied with all minimum requirements of applicable state law and zoning requirements of the Snohomish County Code in effect at the time of division. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-013, Apr. 5, 2006, Eff date Apr. 22, 2006; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

(1) The hearing examiner may approve, approve with modifications, or deny subdivisions under the criteria set forth in this chapter.

(2) A preliminary subdivision application may be denied without prejudice by the hearing examiner under SCC 30.72.060. If denied without prejudice, the application may be reactivated under the original project number and without additional filing fees if a revised application is submitted within six months of the date of the hearing examiner’s decision. In all other cases a new application shall be required.

(3) In addition to the notice required by chapter 30.70 SCC, the department shall distribute copies of the preliminary subdivision application to each of the following and shall allow 21 days from the date of published notice for the agencies to submit comments on the proposal:

(1) A preliminary subdivision application shall comply with the requirements set out in the application checklist as provided by the department pursuant to SCC 30.70.030.

(2) A preliminary plat shall be prepared and bear the signature and seal of a registered professional land surveyor. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner and the department shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. The hearing examiner shall approve a preliminary subdivision only if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, sites for schools and school grounds, fire protection and other public facilities. The hearing examiner shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the subdivision and dedication.

(2) If the hearing examiner finds that the proposed preliminary subdivision makes appropriate provisions for the matters listed in SCC 30.41A.100(1) and enters written findings that the subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the hearing examiner finds that the proposed subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the hearing examiner may deny the proposed preliminary subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners.

(5) All subdivisions are also subject to the requirements of chapters 30.32A, 30.32B, and 30.32C SCC, regarding forest, agricultural and mineral lands and the right to practice forestry and to farm. In the event of a conflict between the provisions of this chapter and the resource lands chapters, the resource lands chapters shall control. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006).

(1) The hearing examiner shall consider the physical characteristics of a proposed subdivision site, and may disapprove a proposed preliminary subdivision because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final subdivision.

(2) No preliminary subdivision shall be approved in a special flood hazard area as defined by chapter 30.65 SCC unless the requirements of SCC 30.65.110(3) are met. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall ensure that the applicable requirements of chapter 30.66C SCC are met.

(2) When a preliminary subdivision wholly or partially contains a school site proposed in the comprehensive plan or other officially adopted plans, or when the school district finds a reasonably foreseeable need for such a site, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the school district. The county shall require evidence of need from the school district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) When the affected fire district finds a reasonably foreseeable need for a site wholly or partially contained within the preliminary subdivision, the applicant may be required to dedicate a portion of the subdivision or reserve it for future purchase by the fire district. The county shall require evidence of need from the fire district as a prerequisite to requiring dedication or reservation. The hearing examiner may set a time limit on the effective period of any reservation.

(2) The applicant may be required to present evidence in the form of a letter or agreement with the affected fire district documenting that the applicant has agreed to offset the cost of the district’s growth which is reasonably attributable to the proposed subdivision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The hearing examiner shall ensure that the requirements of chapter 30.66A SCC are met.

(2) When a preliminary subdivision contains a portion of a county trail or open space network which is indicated in the park plan element of the comprehensive plan or other officially adopted plan, an area encompassing such trail or open space network may be required to be set aside for its intended purpose by the granting of a trail or open space easement to the county, dedication, or reservation for future purchase by the public. The hearing examiner may determine a reasonable time or specify the event, limiting the effective period of the reservation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Applicability. The provisions of this section apply exclusively to the unit lot subdivision of land for townhouse, mixed townhouse, or cottage housing developments in zones where such uses are allowed.

(2) Townhouse, mixed townhouse, and cottage housing developments may be subdivided into individual unit lots. The development as a whole shall meet the development standards applicable to the underlying site development plan. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit.

(3) Unit lot area and width per unit for purposes of subdivision may be as small as the coverage of the individual unit.

(4) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site pursuant to SCC 30.41A.675.

(5) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation areas; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, which shall be recorded with the county auditor’s office.

(6) A unit lot subdivision shall make adequate provisions for ingress, egress, and utilities access to and from each unit lot created by reserving such common areas or other easements over, under, and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan, and such easements shall be recorded with the county auditor’s office.

(7) Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

(8) Site development and building construction may commence upon approval of a site development plan but prior to final subdivision approval and recording when all applicable permits and approvals have been obtained by the applicant. No unit lot may be sold, transferred, or conveyed prior to final subdivision approval and recording. The model home provisions of SCC 30.41A.500 through 30.41A.550 shall not apply to unit lot subdivisions subject to this section. (Added by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) The standard term of approval for a preliminary subdivision is pursuant to SCC 30.70.140, except that preliminary subdivision approval may be extended for a period not to exceed four months by the department if the applicant demonstrates that a continued good faith effort has been exerted to complete the final subdivision and provides justification of the extenuating circumstances as to why the additional four months is required. A request for consideration of the four-month extension shall be filed with the department at least 30 days prior to the date the approval is set to expire.

(2) The applicant may request final subdivision approval in phases, subject to the time restrictions in SCC 30.70.140 and the terms of the preliminary subdivision approval. Open space, amenities, and other requirements of the preliminary approval shall be completed coincident with each phase of the final subdivision on a pro rata basis unless otherwise required in the preliminary approval. A revision to the preliminary approval, pursuant to SCC 30.41A.330, must be applied for with the request to complete the final subdivision improvements in phases. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Eff date June 25, 2009; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Oct. 28, 2012; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016; Amended by Amended Ord. 17-045, July 26, 2017, Eff date Aug. 12, 2017).

(1) A full drainage plan shall be submitted as per chapter 30.63A SCC;

(2) A construction plan shall be submitted complying with the EDDS; and

(3) The full drainage plan and construction plan as specified above shall be reviewed under the direction of and approved by a registered professional engineer qualified in civil engineering assigned to the department. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Before requesting final approval, the applicant shall carry out minimum improvements by any of the following methods:

(2) A maintenance security shall be required in order to assure the successful operation of the improvements in accordance with chapter 30.84 SCC. The maintenance security shall be required upon completion of construction and installation of the improvements to the satisfaction of the department. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-077, Aug. 26, 2009, Eff date Sept. 19, 2009; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) As built drawings reflecting any changes to previously approved construction drawings to the department. No changes in improvements may be made without prior approval of the department;

(2) Copies of the subdivisions and drawings showing the actual location of all mains, hydrants, valves, and other fire improvements to the fire marshal; and

(3) A statement by the applicant and his registered engineer that the drawings show the actual location of the improvements required to be shown therein. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All improvements required within a subdivision shall be constructed or installed, or construction or installation assured in accordance with chapter 30.84 SCC, as provided by chapter 30.41A SCC, within the period or term of approval of the preliminary subdivision, as set forth in SCC 30.41A.300.

(2) All water supplies from community or public wells to serve the development shall be installed and shall produce the supply required prior to the recording of the final subdivision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The applicant for the model home building permit, if different than the owner and applicant for the approved preliminary subdivision, shall provide a document signed by the owner demonstrating that the applicant has real or possessory interest in the property on which the model home will be constructed;

(2) The applicant has submitted and received approval of construction plans for the model home to be built;

(3) Retention/detention facilities that serve the model home lots shall be in place or approved for recording;

(4) Any road improvement required as a condition of preliminary subdivision approval which is designed to provide access to the model home lots from an existing public road or public highway shall be constructed to final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). The access road shall meet the requirements of 30.53A.150(902.2.2.2). The driveway(s) for the model home(s) shall be approved in accordance with the EDDS. Lot corners and driveway locations for the model home lots shall be staked by a registered professional land surveyor;

(5) All mitigation fees required as a condition of preliminary subdivision approval, which are required to be fulfilled prior to building permit issuance, shall have been paid for the model home lot(s) prior to the issuance of a building permit for the model home;

(6) The application for the model home must be submitted at least 60 days prior to the date of preliminary subdivision expiration; and

(7) Fire protection must be available to any lot proposed for construction of a model home. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004).

(1) Title certificate demonstrating ownership interest in the property on which the model home will be constructed;

(2) Building plot plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required or proposed easements including but not limited to easements required by chapter 30.63A SCC; and the separations required therein;

(3) One dark line print of the proposed final subdivision;

(4) A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction or occupancy of the model home(s) prior to recording of the final subdivision; and

(5) In addition to the residential building permit fees for plan check, site review, and access permit, a model home fee for each model home and subdivision base fee shall be required. See chapter 30.86 SCC for applicable fees. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 04-017, Mar. 31, 2004, Eff date Apr. 23, 2004; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).

(1) Monumentation complying with the current EDDS shall be placed at all public road(s) intersections, boundary angle points, points of curves in public road(s), or at such intermediate points as may be required by the department.

(2) If any land in a subdivision is contiguous to a body of water, river, or stream, monuments shall be set along a meander line which shall be established along the shore at such distance back from the ordinary high-water mark as to reasonably ensure against damage and destruction by flooding or erosion. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line.

(3) All lot and block corners or witness corners shall be set with an iron pipe or steel reinforcing bar at least 24 inches in length, or alternate materials as approved by the department, before recording of the subdivision. All corners shall be identified with the land surveyor’s registration number. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All highways and public roads or portions thereof and parcels of land shown on the final plat intended for any public use shall be deeded or offered for dedication for public use except where the provisions of this chapter provide otherwise.

(2) Public roads, or portions thereof, may be reserved by the county for future dedication where the immediate opening and improvement is not required, but where it is necessary to ensure that the county can later accept dedication when the public roads become needed due to traffic impacts of the subdivision, together with expected impacts of reasonably foreseeable future development of the areas or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the final plat in a form acceptable to the department. Easements for the purpose of serving the subdivision and other property with utility services and granting the right to enter upon the lots, tracts, and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment shall be reserved for and granted to all utilities and to their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots, tracts, and common areas. Easements required per chapter 30.63A SCC for low impact development best management practices and stormwater management facilities, and easements for other purposes required by Snohomish County Code, shall be dedicated as appropriate. The department shall establish standard language for the establishment of such easements and shall make the standard language available with the submittal requirements checklists for final subdivision approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) The department shall examine the final subdivision application for adequacy of any required road improvements and right-of-way dedications, the mathematical closure of all lots and boundaries, and any other conditions required for compliance with the provisions of county code and conditions of preliminary approval. The applicant shall provide computation records for the lots and boundaries. The department may require additional information from an applicant where necessary to review the final subdivision application.

(2) The department shall coordinate the final subdivision review process among the appropriate county departments and other agencies.

(3) The final subdivision shall be approved or disapproved by the department. The department shall base its decision on the following:

(4) Upon finding that the final subdivision has been completed in accordance with the county code, that the plat is in proper form for recording as established by the submittal requirements, that all required improvements have been completed or the arrangements or contracts have been entered into to guarantee that such required improvements will be completed, that all conditions of the preliminary subdivision approval and requirements of state law and county code have been met, and that the interests of the county are fully protected, the department shall obtain the necessary signatures on the final plat and the director shall sign the final plat, accepting such dedications and easements as may be included thereon, for final approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 03-047, June 4, 2003, Eff date June 20, 2003; Amended by Ord. 06-093, Nov. 8, 2006, Eff date Nov. 26, 2006; Amended by Amended Ord. 17-045, July 26, 2017, Eff date July 23, 2017; Amended by Ord. 22-020, June 1, 2022, Eff date June 12, 2022; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) All taxes on the property within a final plat must be paid for the current year in advance, together with all delinquent assessments for which the property may be liable as of the date of certification and all special assessments against the property which, under the subdivision filed, become public roads, alleys, and other public places. The county treasurer shall indicate by seal and signature proof of payment on the face of the final subdivision.

(2) Any person filing a final subdivision subsequent to May 31 in any year and prior to the date of the collection of taxes, shall deposit with the county treasurer a sum equal to the product of the county assessor’s latest valuation on the unimproved property in such subdivision multiplied by the current year’s millage rate and increased by 25 percent on the property platted. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The original of the final subdivision shall be filed and recorded with the county auditor within 30 days from the date of approval or the final approval shall lapse. In the case of a lapsed final approval, SCC 30.41A.300 shall govern the expiration of the preliminary approval.

(2) The auditor shall prepare and distribute copies bearing the auditor’s recording data to the department, the department of public works, county or district fire officials, and the county assessor.

(3) The auditor shall refuse to accept any final subdivision for filing and recording until final subdivision approval has been given. Should a final subdivision or dedication be filed or recorded without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of and on behalf of the council, directing the auditor and assessor to remove from their files or records the unapproved subdivision or dedication of record. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 22-020, June 1, 2022, Eff date June 12, 2022).

(1) A recorded final subdivision may be altered pursuant to SCC 30.41A.710 through 30.41A.750. These provisions apply to the reconfiguration of any element graphically portrayed on a recorded final plat and to the alteration of conditions, restrictions, easements, or other textual materials on the plat or with a recorded final subdivision.

(2) Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered a subdivision alteration and shall be processed as a new subdivision or short subdivision.

(3) The subdivision alteration provisions do not apply to corrections to recorded final plats, revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of chapter 30.41E SCC, or to alterations of final short subdivisions pursuant to SCC 30.41B.700. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) An application for a subdivision alteration shall contain the signatures of a majority of those persons having an ownership interest in lots, tracts, parcels, sites, or divisions in the subdivision or portion to be altered.

(2) If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

(3) The applicant shall present a certificate of title showing the names of all persons who would be affected by the proposed alteration, as well as any easements or other encumbrances on the property subject to the proposed alteration.

(4) If the alteration proposes to change the recorded plat, a drawing prepared at the same scale as the recorded plat shall be submitted showing the details of the proposed alteration.

(5) If the alteration proposes a change to restrictions, conditions, or easements of a textual nature not depicted on the plat, a clearly written textual revision shall be submitted.

(6) A written statement of why the alteration is being requested and how the public interest would be served by its approval shall be submitted. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Public notice, project review, and the decision for a subdivision alteration application shall be done administratively by the department unless:

(2) The department may determine a public hearing is required based on, but not limited to, the following:

(3) If a public hearing is required, public notice shall be provided and the application shall be reviewed and decided as a Type 2 decision by the hearing examiner. If approved, the subdivision alteration shall be provided to the county council for final processing pursuant to SCC 30.41A.750.

(4) If no public hearing is held, the department shall make a recommendation and forward the application to the hearing examiner for a written decision. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Notice of the application for a subdivision alteration shall be provided as set forth in SCC 30.70.050 and 30.70.060.

(2) In addition to the notice requirements set forth above, mailed notice requirements for the application shall include a mailing to each property owner within the subdivision, and if a hearing is required, notice of the hearing to all persons who submitted written comments during the comment period. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Upon approval of a subdivision alteration the applicant shall produce a revised drawing and any other documents required to show the authorized changes to the final plat.

(2) The revised final plat shall bear the seal of a registered professional land surveyor, shall include the contents of a final plat, and shall be processed and recorded in the same manner as set forth for final subdivisions.

(3) All persons with an ownership or security interest in the property to be altered must sign the altered plat prior to recording.

(4) Altered subdivisions shall change, alter, or supersede the original subdivision only in the specific ways approved and set forth in the recorded documents. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Except as provided in SCC 30.41A.820(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels, and any person or any agent, sells, transfers, or advertises for sale or transfer any such lot, tract, or parcel without either having a final subdivision filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting attorney shall commence an action to restrain and enjoin further subdivisions or sales or transfers or offers of sale or transfer and compel compliance with all provisions of this code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary subdivision approval is expressly conditioned on the recording of the final subdivision containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41A.820(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final subdivision is approved and recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court for Snohomish County. The violation of such assurance shall constitute prima facie proof of a violation of this chapter.

(2) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days, or both. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The purpose of this chapter is to:

(2) Land within a short subdivision which has been recorded within the immediately preceding five years may not be further divided in any manner, except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC, or the short subdivision may be altered to contain up to the maximum number of permissible lots, tracts, or parcels, as follows: When a short subdivision contains fewer than the maximum number of permissible lots, tracts, or parcels, based on the short subdivision’s location either outside or inside an urban growth area, the owner who filed the short subdivision may file an alteration within the five year period to create, within the original boundaries of the short subdivision, a greater number of lots, tracts, or parcels than were originally created, up to a total of four lots or three lots plus one tract used for a single-family dwelling under SCC 30.41C.090(2)(c)(v) outside an urban growth area, or a total of nine lots inside an urban growth area.

(3) After five years, further divisions may be permitted through the short subdivision process by a parcel owner when otherwise consistent with the then current regulations. Provided, that when the subdivider owns more than one lot within a short subdivision, they may not divide the aggregate total into more than four lots or three lots plus one tract used for a single-family dwelling under SCC 30.41C.090(2)(c)(v) when located outside an urban growth area or nine lots when located in an urban growth area.

(4) Where there have been no sales of any lots in a short subdivision, nothing contained in this section shall prohibit an applicant from completely withdrawing the entire short subdivision and thereafter presenting a new application.

(5) Land within a subdivision exempted from subdivision or short subdivision requirements by RCW 58.17.040(2) or SCC 30.41A.020(7), may not be further divided in any manner within five years immediately following the date of exempt subdivision so as to create any nonexempt lot, tract or parcel; except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC. This prohibition shall not apply as to lots, tracts, or parcels conveyed to purchasers for value. For the purpose of this subsection, the phrase "date of exempt subdivision" shall mean the date of creation of an exempt subdivision as shown by documents of sale or lease, filing of maps or surveys thereof with the county auditor or the department, or such other similar proof as is considered sufficient by the department. After five years, further divisions may be permitted by a parcel owner when otherwise consistent with the current regulations.

(6) Any nonexempt redivision of land authorized by subsections (2) and (3) of this section shall be subject to all subdivision requirements of chapter 30.41A SCC if approval would result in the subdivider owning more than four contiguous lots when located outside an urban growth area, or more than nine contiguous lots when located in an urban growth area, regardless of whether the lots are subdivided, short subdivided, or are unplatted lots.

(7) A split parcel may be divided into a two-lot short plat if:

(8) A split parcel may be divided into a short plat if the original split parcel is divided along the UGA boundary line creating at least one lot in the rural or resource designated area, even if this one lot does not meet minimum lot dimension requirements. Any additional divisions of the lot, including lots created within the urban portion of the original lot or additional lots created in the rural or resource area of the site must meet all applicable zoning and development standards set forth in subtitle 30.2 SCC and applicable subdivision requirements in subtitle 30.4 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions made by testamentary provisions or the laws of descent;

(3) Any division of land regulated by chapter 30.41A SCC;

(4) Boundary line adjustments completed pursuant to chapter 30.41E SCC;

(5) Condominiums when prepared and filed in accordance with the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34 RCW;

(6) Assessor’s plats, when prepared and filed in accordance with the provisions of RCW 58.18.010 and when the lot size requirements of this code have been met;

(7) Division of land into lots, tracts, or parcels each of which is at least one-eighth of a section of land or larger, or 80 acres or larger in size if the land is not capable of subdivisional description;

(8) Divisions of land pursuant to the binding site plan provisions of chapter 30.41D SCC;

(9) Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;

(10) Any division where no permanent road may be constructed and where restrictive covenants or lease provisions prohibit construction of buildings of a type that permits human occupancy, overnight camping, or other human habitation;

(11) Transfers of land to the county for open space, conservation, or park purposes. Any remaining area must meet the minimum requirements of SCC 30.23.230(1). The land remaining must meet the minimum access requirements of SCC 30.24.040 and 30.24.055;

(12) Sales of tax title property to an adjoining property owner by the county pursuant to SCC 4.46.181(13) and RCW 36.35.150(3); and

(13) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005; Amended by Ord. 06-013, Apr. 5, 2006, Eff date Apr. 22, 2006; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013; Amended by Ord. 14-080, Sept. 24, 2014, Eff date Oct. 10, 2014).

(1) A legal division of land shall be recognized as having occurred in the following circumstances; provided, that the requirements of SCC 30.41B.025(2) are met:

(2) Lots, tracts, or parcels shall be recognized only if the division of land complied with all minimum requirements of applicable state law and zoning requirements of Snohomish County Code in effect at the time of division. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

(1) The decision maker may approve, approve with conditions, deny, or deny without prejudice a proposed short subdivision application.

(2) A preliminary short subdivision application which has been denied without prejudice may be reactivated under the original project file number and without additional filing fees if a revised application is submitted within six months of the date of the denial without prejudice.

(3) The department shall distribute copies of the preliminary short subdivision application to each reviewing section within the department and to each of the following and shall allow 21 days from the dated published notice for the agencies to submit comments on the proposal:

(4) Public notice of application shall be provided as set forth in SCC 30.70.050. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Added by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) Preliminary short subdivision applications shall comply with the requirements set out in the short subdivision application checklist as provided by the department pursuant to SCC 30.70.030.

(2) Preliminary short subdivision applications shall include a preliminary short plat prepared by and bearing the signature and seal of a registered professional land surveyor. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The applicant shall, for identification purposes only, cause markers of a type approved by the department to be placed upon each of the road frontage corners of the subject land and maintain them thereon during the period extending from the time of short subdivision application to the time of final action for the purpose of permitting field checks of the proposed short subdivision.

(2) Where other data or where identification markers are found necessary by any relevant agency to assist it in making its determination, such data and markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The proposal makes appropriate provisions for, but not limited to, the public health, safety, and general welfare; for open spaces, drainage ways, streets, alleys, other public ways; transit stops; potable water supplies; sanitary wastes; parks and recreation; playgrounds, sites for schools and school grounds; fire protection; and other public facilities. The decision maker shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the short subdivision.

(2) If the decision maker finds that the proposed preliminary short subdivision makes appropriate provisions for the matters listed in SCC 30.41B.100(1) and enters written findings that the short subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the decision maker finds that the proposed short subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the decision maker may deny the proposed preliminary short subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Each lot shall contain sufficient square footage to meet minimum zoning and health requirements, provided that the minimum lot size within a short subdivision may be reduced below the size required by applicable zoning through the attached single family dwelling, lot size averaging, planned residential development, or rural cluster subdivision provisions of this title;

(2) Each new lot shall have an accessible area suitable for construction pursuant to SCC 30.41A.235;

(3) Short subdivisions located in special flood hazard areas shall comply with the provisions of SCC 30.65.110(3);

(4) Roads and access shall be provided in accordance with the requirements in chapter 30.24 SCC;

(5) All short subdivisions shall meet the applicable tree retention and landscaping requirements of chapter 30.25 SCC; and

(6) All short subdivisions shall comply with the provisions of chapter 30.63A SCC, including the requirement to use low impact development best management practices as directed by the Drainage Manual. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Ord. 24-058, Aug. 14, 2024, Eff date Aug. 26, 2024; Amended by Ord. 24-061, Aug. 14, 2024, Eff date Aug. 26, 2024).

(1) Applicability. The provisions of this section apply exclusively to the unit lot subdivision of land for townhouse, mixed townhouse or cottage housing developments in zones where such uses are allowed.

(2) Townhouse, mixed townhouse, and cottage housing developments may be subdivided into individual unit lots. The development as a whole shall meet the development standards applicable to the underlying site development plan. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit.

(3) Unit lot area and width per unit for purposes of subdivision may be as small as the coverage of the individual unit.

(4) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site pursuant to SCC 30.41B.650.

(5) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation areas; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, which shall be recorded with the county auditor’s office.

(6) A unit lot short subdivision shall make adequate provisions for ingress, egress, and utilities access to and from each unit lot created by reserving such common areas or other easements over, under, and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan, and such easements shall be recorded with the county auditor’s office.

(7) Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

(8) Site development and building construction may commence upon approval of a site development plan but prior to final subdivision approval and recording when all applicable permits and approvals have been obtained by the applicant. No unit lot may be sold, transferred, or conveyed prior to final subdivision approval and recording. (Added by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) The standard term of approval for a preliminary short subdivision is pursuant to SCC 30.70.140. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Eff date June 25, 2009; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Oct. 28, 2012; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016).

(1) Any improvements required within a short subdivision shall be installed, or installation assured, in accordance with chapter 30.84 SCC, within the period or term of approval of the preliminary short subdivision approval, as set forth in SCC 30.41B.300.

(2) Any water supply from community or public wells to serve the development shall be installed and shall produce the supply required prior to the recording of the final short subdivision.

(3) Where improvements are required as part of the preliminary short subdivision approval, the director shall require the applicant to comply with SCC 30.41A.400 - 30.41A.430 related to submittal and review of construction drawings, submittal of as-built plans, and security devices in accordance with chapter 30.84 SCC for installation and maintenance of improvements. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The department shall examine the final short subdivision for adequacy of any required road improvements and right-of-way dedications, the mathematical closure of all lots and boundaries and any other conditions required for compliance with the provisions of this code and the conditions of preliminary approval. The department may require additional information from an applicant where necessary to review the final short subdivision application.

(2) The final short subdivision shall be approved or disapproved by the department within 30 days from the date of submittal unless the applicant consents in writing to an extension. The department shall base its decision on the following:

(3) The department shall approve the final short subdivision only upon finding that all required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that all conditions of preliminary approval have been met and when the short plat is in proper form for recording as established by the submittal requirements.

(4) When all parties known to the county to have an ownership interest in the real property have signed the final short plat and the requirements of subsection (3) of this section have been satisfied, the department shall grant its approval by signing the final short plat. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) Monumentation complying with the current EDDS shall be placed at all public road intersections, boundary angle points, points of curves in public roads, or at such intermediate points as may be required by the department.

(2) If any land in a short subdivision is contiguous to a body of water, river, or stream, monuments shall be set along a meander line which shall be established along the shore at such distance back from the ordinary high-water mark as to reasonably ensure against damage and destruction by flooding or erosion. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line.

(3) All lot and block corners or witness corners shall be set with an iron pipe or steel reinforcing bar at least 24 inches in length, or alternate materials as approved by the department, before recording of the short plat. All lot corners shall be identified with the land surveyors registration number. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All highways, public roads or portions thereof, and parcels of land shown on the final short plat and intended for any public use shall be offered for dedication for public use except where the provisions of chapter 30.24 SCC provide otherwise.

(2) Public roads, or portions thereof, may be reserved by the county for future dedication where the immediate opening and improvement is not required, but where it is necessary to ensure that the county can later accept dedication when the public roads become needed due to traffic impacts of the short subdivision, together with expected impacts of reasonably foreseeable future development of the area or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the short plat in a form acceptable to the department. Easements for the purpose of serving the short subdivision and other property with utility services and granting the right to enter upon the lots, tracts and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment shall be reserved for and granted to all utilities and to their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots, tracts and common areas. Easements for storm drainage sewers and other purposes shall be dedicated as appropriate. The department shall establish standard language for the establishment of such easements and shall make the standard language available with the submittal requirements checklists for final short subdivision approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009).

(1) A final short subdivision approved by the department shall be filed as a short plat and recorded with the county auditor within 30 working days of the date of approval by the department or the approval shall lapse. A final short subdivision shall not be deemed approved until so filed. In the case of a lapsed final approval, SCC 30.41B.300 shall govern the expiration of the preliminary approval.

(2) The auditor shall prepare and distribute copies bearing the auditor’s recording data to the department, the department of public works, county or district fire officials, and the county assessor.

(3) The auditor shall refuse to accept any short plat for filing and recording until final short subdivision approval has been given. Should a short plat or dedication be filed or recorded without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of and on behalf of the council, directing the county auditor and assessor to remove from their files or records the unapproved short subdivision or dedication of record. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A recorded final short plat may be altered through a Type 1 process. The reconfiguration of any element graphically portrayed on a recorded final short plat and the alteration of restrictions, easements, conditions, or other textual materials on or with a recorded final short plat shall be altered using the same process and decision criteria as for a new short subdivision approval; provided that mailed notice shall be limited to property owners within or directly abutting on the original short subdivided property.

(2) The addition of one or more lots to a recorded short plat approved pursuant to this title may be processed as an alteration or a new short subdivision, provided that no more than four total lots may be created within five years of recording of the original short subdivision.

(3) The provisions of this section do not apply to corrections to recorded final short plats, revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of chapter 30.41E SCC, or to alterations of final subdivisions. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Except as provided in SCC 30.41B.810(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels and any person or any agent sells or transfers or advertises for sale or transfer any such lot, tract, or parcel without either having a final short plat filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting attorney shall commence an action to restrain and enjoin further short subdivisions or sales or transfers or offers of sale or transfer and compel compliance with all provisions of this code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary short subdivision approval is expressly conditioned on the recording of the final short plat containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41B.810(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final short plat is approved and recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court for Snohomish County. The violation of such assurance shall constitute prima facie proof of a violation of this chapter.

(2) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days, or both. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The purpose of this chapter is to:

(2) Land within a short subdivision which has been recorded within the immediately preceding five years may not be further divided in any manner, except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC, or the short subdivision may be altered to contain up to the maximum number of permissible lots, tracts, or parcels, as follows: When a short subdivision contains fewer than the maximum number of permissible lots, tracts, or parcels, based on the short subdivision’s location either outside or inside an urban growth area, the owner who filed the short subdivision may file an alteration within the five year period to create, within the original boundaries of the short subdivision, a greater number of lots, tracts, or parcels than were originally created, up to a total of four lots or three lots plus one tract used for a single-family dwelling under SCC 30.41C.090(2)(c)(v) outside an urban growth area, or a total of nine lots inside an urban growth area.

(3) After five years, further divisions may be permitted through the short subdivision process by a parcel owner when otherwise consistent with the then current regulations. Provided, that when the subdivider owns more than one lot within a short subdivision, they may not divide the aggregate total into more than four lots or three lots plus one tract used for a single-family dwelling under SCC 30.41C.090(2)(c)(v) when located outside an urban growth area or nine lots when located in an urban growth area.

(4) Where there have been no sales of any lots in a short subdivision, nothing contained in this section shall prohibit an applicant from completely withdrawing the entire short subdivision and thereafter presenting a new application.

(5) Land within a subdivision exempted from subdivision or short subdivision requirements by RCW 58.17.040(2) or SCC 30.41A.020(7), may not be further divided in any manner within five years immediately following the date of exempt subdivision so as to create any nonexempt lot, tract or parcel; except that a final subdivision may be approved and filed for record pursuant to chapter 30.41A SCC. This prohibition shall not apply as to lots, tracts, or parcels conveyed to purchasers for value. For the purpose of this subsection, the phrase "date of exempt subdivision" shall mean the date of creation of an exempt subdivision as shown by documents of sale or lease, filing of maps or surveys thereof with the county auditor or the department, or such other similar proof as is considered sufficient by the department. After five years, further divisions may be permitted by a parcel owner when otherwise consistent with the current regulations.

(6) Any nonexempt redivision of land authorized by subsections (2) and (3) of this section shall be subject to all subdivision requirements of chapter 30.41A SCC if approval would result in the subdivider owning more than four contiguous lots when located outside an urban growth area, or more than nine contiguous lots when located in an urban growth area, regardless of whether the lots are subdivided, short subdivided, or are unplatted lots.

(7) A split parcel may be divided into a two-lot short plat if:

(8) A split parcel may be divided into a short plat if the original split parcel is divided along the UGA boundary line creating at least one lot in the rural or resource designated area, even if this one lot does not meet minimum lot dimension requirements. Any additional divisions of the lot, including lots created within the urban portion of the original lot or additional lots created in the rural or resource area of the site must meet all applicable zoning and development standards set forth in subtitle 30.2 SCC and applicable subdivision requirements in subtitle 30.4 SCC. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 06-062, Oct. 4, 2006, Eff date Oct. 15, 2006; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions made by testamentary provisions or the laws of descent;

(3) Any division of land regulated by chapter 30.41A SCC;

(4) Boundary line adjustments completed pursuant to chapter 30.41E SCC;

(5) Condominiums when prepared and filed in accordance with the Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, chapter 64.34 RCW;

(6) Assessor’s plats, when prepared and filed in accordance with the provisions of RCW 58.18.010 and when the lot size requirements of this code have been met;

(7) Division of land into lots, tracts, or parcels each of which is at least one-eighth of a section of land or larger, or 80 acres or larger in size if the land is not capable of subdivisional description;

(8) Divisions of land pursuant to the binding site plan provisions of chapter 30.41D SCC;

(9) Divisions of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of condemnation;

(10) Any division where no permanent road may be constructed and where restrictive covenants or lease provisions prohibit construction of buildings of a type that permits human occupancy, overnight camping, or other human habitation;

(11) Transfers of land to the county for open space, conservation, or park purposes. Any remaining area must meet the minimum requirements of SCC 30.23.230(1). The land remaining must meet the minimum access requirements of SCC 30.24.040 and 30.24.055;

(12) Sales of tax title property to an adjoining property owner by the county pursuant to SCC 4.46.181(13) and RCW 36.35.150(3); and

(13) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-038, Nov. 30, 2005, Eff date Dec. 16, 2005; Amended by Ord. 06-013, Apr. 5, 2006, Eff date Apr. 22, 2006; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013; Amended by Ord. 14-080, Sept. 24, 2014, Eff date Oct. 10, 2014).

(1) A legal division of land shall be recognized as having occurred in the following circumstances; provided, that the requirements of SCC 30.41B.025(2) are met:

(2) Lots, tracts, or parcels shall be recognized only if the division of land complied with all minimum requirements of applicable state law and zoning requirements of Snohomish County Code in effect at the time of division. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-049, Oct. 3, 2012, Eff date Jan. 1, 2013).

(1) The decision maker may approve, approve with conditions, deny, or deny without prejudice a proposed short subdivision application.

(2) A preliminary short subdivision application which has been denied without prejudice may be reactivated under the original project file number and without additional filing fees if a revised application is submitted within six months of the date of the denial without prejudice.

(3) The department shall distribute copies of the preliminary short subdivision application to each reviewing section within the department and to each of the following and shall allow 21 days from the dated published notice for the agencies to submit comments on the proposal:

(4) Public notice of application shall be provided as set forth in SCC 30.70.050. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Added by Ord. 20-019, June 24, 2020, Eff date July 11, 2020; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) Preliminary short subdivision applications shall comply with the requirements set out in the short subdivision application checklist as provided by the department pursuant to SCC 30.70.030.

(2) Preliminary short subdivision applications shall include a preliminary short plat prepared by and bearing the signature and seal of a registered professional land surveyor. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The applicant shall, for identification purposes only, cause markers of a type approved by the department to be placed upon each of the road frontage corners of the subject land and maintain them thereon during the period extending from the time of short subdivision application to the time of final action for the purpose of permitting field checks of the proposed short subdivision.

(2) Where other data or where identification markers are found necessary by any relevant agency to assist it in making its determination, such data and markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The proposal makes appropriate provisions for, but not limited to, the public health, safety, and general welfare; for open spaces, drainage ways, streets, alleys, other public ways; transit stops; potable water supplies; sanitary wastes; parks and recreation; playgrounds, sites for schools and school grounds; fire protection; and other public facilities. The decision maker shall consider all other relevant facts, including the physical characteristics of the site and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school to determine whether the public interest will be served by the short subdivision.

(2) If the decision maker finds that the proposed preliminary short subdivision makes appropriate provisions for the matters listed in SCC 30.41B.100(1) and enters written findings that the short subdivision conforms to all applicable development regulations and construction codes, then it shall be approved. If the decision maker finds that the proposed short subdivision does not make such appropriate provisions or that development regulations requirements are not met, or the public use and interest will not be served, then the decision maker may deny the proposed preliminary short subdivision.

(3) Dedication of land or payment of fees to any public body may be required as a condition of preliminary subdivision approval. Evidence of such dedication and/or payment shall accompany final subdivision approval.

(4) The hearing examiner shall not, as a condition of preliminary subdivision approval, require the applicant to obtain a release from damages from other property owners. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Each lot shall contain sufficient square footage to meet minimum zoning and health requirements, provided that the minimum lot size within a short subdivision may be reduced below the size required by applicable zoning through the attached single family dwelling, lot size averaging, planned residential development, or rural cluster subdivision provisions of this title;

(2) Each new lot shall have an accessible area suitable for construction pursuant to SCC 30.41A.235;

(3) Short subdivisions located in special flood hazard areas shall comply with the provisions of SCC 30.65.110(3);

(4) Roads and access shall be provided in accordance with the requirements in chapter 30.24 SCC;

(5) All short subdivisions shall meet the applicable tree retention and landscaping requirements of chapter 30.25 SCC; and

(6) All short subdivisions shall comply with the provisions of chapter 30.63A SCC, including the requirement to use low impact development best management practices as directed by the Drainage Manual. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Ord. 24-058, Aug. 14, 2024, Eff date Aug. 26, 2024; Amended by Ord. 24-061, Aug. 14, 2024, Eff date Aug. 26, 2024).

(1) Applicability. The provisions of this section apply exclusively to the unit lot subdivision of land for townhouse, mixed townhouse or cottage housing developments in zones where such uses are allowed.

(2) Townhouse, mixed townhouse, and cottage housing developments may be subdivided into individual unit lots. The development as a whole shall meet the development standards applicable to the underlying site development plan. As a result of the subdivision, development on individual unit lots may be nonconforming as to some or all of the development standards of this title based on analysis of the individual unit lot, except that any private open space for each dwelling unit shall be provided on the same lot as the dwelling unit.

(3) Unit lot area and width per unit for purposes of subdivision may be as small as the coverage of the individual unit.

(4) Portions of the parent site not subdivided for individual unit lots shall be owned in common by the owners of the individual unit lots, or by a homeowners association comprised of the owners of the individual unit lots located within the parent site pursuant to SCC 30.41B.650.

(5) Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of property owners and/or the homeowners association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; on-site recreation areas; landscaping; underground utilities; common open space; exterior building facades and roofs; and other similar features, which shall be recorded with the county auditor’s office.

(6) A unit lot short subdivision shall make adequate provisions for ingress, egress, and utilities access to and from each unit lot created by reserving such common areas or other easements over, under, and across the parent site as deemed necessary to comply with all other design and development standards generally applicable to the underlying site development plan, and such easements shall be recorded with the county auditor’s office.

(7) Notes shall be placed on the plat recorded with the county auditor’s office to acknowledge the following:

(8) Site development and building construction may commence upon approval of a site development plan but prior to final subdivision approval and recording when all applicable permits and approvals have been obtained by the applicant. No unit lot may be sold, transferred, or conveyed prior to final subdivision approval and recording. (Added by Amended Ord. 12-115, Jan. 30, 2013, Eff date Mar. 1, 2013; Amended by Amended Ord. 16-073, Dec. 21, 2016, Eff date Feb. 19, 2017; Amended by Ord. 17-062, Oct. 18, 2017, Eff date Dec. 17, 2017).

(1) The standard term of approval for a preliminary short subdivision is pursuant to SCC 30.70.140. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 09-018, June 3, 2009, Eff date June 25, 2009; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Oct. 28, 2012; Amended by Amended Ord. 12-075, Oct. 3, 2012, Eff date Jan. 1, 2015; Amended by Amended Ord. 16-004, Mar. 16, 2016, Eff date Apr. 1, 2016).

(1) Any improvements required within a short subdivision shall be installed, or installation assured, in accordance with chapter 30.84 SCC, within the period or term of approval of the preliminary short subdivision approval, as set forth in SCC 30.41B.300.

(2) Any water supply from community or public wells to serve the development shall be installed and shall produce the supply required prior to the recording of the final short subdivision.

(3) Where improvements are required as part of the preliminary short subdivision approval, the director shall require the applicant to comply with SCC 30.41A.400 - 30.41A.430 related to submittal and review of construction drawings, submittal of as-built plans, and security devices in accordance with chapter 30.84 SCC for installation and maintenance of improvements. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The department shall examine the final short subdivision for adequacy of any required road improvements and right-of-way dedications, the mathematical closure of all lots and boundaries and any other conditions required for compliance with the provisions of this code and the conditions of preliminary approval. The department may require additional information from an applicant where necessary to review the final short subdivision application.

(2) The final short subdivision shall be approved or disapproved by the department within 30 days from the date of submittal unless the applicant consents in writing to an extension. The department shall base its decision on the following:

(3) The department shall approve the final short subdivision only upon finding that all required improvements have been completed or arrangements or contracts have been entered into to guarantee that such required improvements will be completed, and that all conditions of preliminary approval have been met and when the short plat is in proper form for recording as established by the submittal requirements.

(4) When all parties known to the county to have an ownership interest in the real property have signed the final short plat and the requirements of subsection (3) of this section have been satisfied, the department shall grant its approval by signing the final short plat. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 22-062, Oct. 26, 2022, Eff date Jan. 1, 2023).

(1) Monumentation complying with the current EDDS shall be placed at all public road intersections, boundary angle points, points of curves in public roads, or at such intermediate points as may be required by the department.

(2) If any land in a short subdivision is contiguous to a body of water, river, or stream, monuments shall be set along a meander line which shall be established along the shore at such distance back from the ordinary high-water mark as to reasonably ensure against damage and destruction by flooding or erosion. Property lying beyond the meander line shall be defined by distance along the side property lines extended from the meander line.

(3) All lot and block corners or witness corners shall be set with an iron pipe or steel reinforcing bar at least 24 inches in length, or alternate materials as approved by the department, before recording of the short plat. All lot corners shall be identified with the land surveyors registration number. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) All highways, public roads or portions thereof, and parcels of land shown on the final short plat and intended for any public use shall be offered for dedication for public use except where the provisions of chapter 30.24 SCC provide otherwise.

(2) Public roads, or portions thereof, may be reserved by the county for future dedication where the immediate opening and improvement is not required, but where it is necessary to ensure that the county can later accept dedication when the public roads become needed due to traffic impacts of the short subdivision, together with expected impacts of reasonably foreseeable future development of the area or adjacent areas.

(3) Easements shall be dedicated and indicated on the face of the short plat in a form acceptable to the department. Easements for the purpose of serving the short subdivision and other property with utility services and granting the right to enter upon the lots, tracts and common areas at all times to install, lay, construct, renew, operate, and maintain underground conduit, cables, pipe, and wires with necessary facilities and other equipment shall be reserved for and granted to all utilities and to their respective successors and assigns, under and upon the exterior 10 feet parallel with and adjoining the street frontage of all lots, tracts and common areas. Easements for storm drainage sewers and other purposes shall be dedicated as appropriate. The department shall establish standard language for the establishment of such easements and shall make the standard language available with the submittal requirements checklists for final short subdivision approval. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009).

(1) A final short subdivision approved by the department shall be filed as a short plat and recorded with the county auditor within 30 working days of the date of approval by the department or the approval shall lapse. A final short subdivision shall not be deemed approved until so filed. In the case of a lapsed final approval, SCC 30.41B.300 shall govern the expiration of the preliminary approval.

(2) The auditor shall prepare and distribute copies bearing the auditor’s recording data to the department, the department of public works, county or district fire officials, and the county assessor.

(3) The auditor shall refuse to accept any short plat for filing and recording until final short subdivision approval has been given. Should a short plat or dedication be filed or recorded without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of and on behalf of the council, directing the county auditor and assessor to remove from their files or records the unapproved short subdivision or dedication of record. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A recorded final short plat may be altered through a Type 1 process. The reconfiguration of any element graphically portrayed on a recorded final short plat and the alteration of restrictions, easements, conditions, or other textual materials on or with a recorded final short plat shall be altered using the same process and decision criteria as for a new short subdivision approval; provided that mailed notice shall be limited to property owners within or directly abutting on the original short subdivided property.

(2) The addition of one or more lots to a recorded short plat approved pursuant to this title may be processed as an alteration or a new short subdivision, provided that no more than four total lots may be created within five years of recording of the original short subdivision.

(3) The provisions of this section do not apply to corrections to recorded final short plats, revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of chapter 30.41E SCC, or to alterations of final subdivisions. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Except as provided in SCC 30.41B.810(2), whenever any parcel of land is divided into two or more lots, tracts, or parcels and any person or any agent sells or transfers or advertises for sale or transfer any such lot, tract, or parcel without either having a final short plat filed for record or a parcel map filed as required herein or large lot subdivision, the prosecuting attorney shall commence an action to restrain and enjoin further short subdivisions or sales or transfers or offers of sale or transfer and compel compliance with all provisions of this code. The cost of such action shall be taxed against the person or agent selling or transferring the property.

(2) If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary short subdivision approval is expressly conditioned on the recording of the final short plat containing the lot, tract, or parcel, the offer or agreement is not subject to SCC 30.41B.810(1) and does not violate any provision of this code. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final short plat is approved and recorded. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) In the enforcement of this chapter, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court for Snohomish County. The violation of such assurance shall constitute prima facie proof of a violation of this chapter.

(2) Any person who violates any court order or injunction issued pursuant to this chapter shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days, or both. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) To preserve areas of land which are suitable for agriculture, forestry, open space or, when applied in the rural urban transition area, possible future development;

(2) To preserve rural open space with the purpose of assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, and preservation of wetlands and rural character;

(3) To produce a development pattern in rural areas consistent with rural character in accordance with rural land use policies and manifesting variety in design rather than uniformity of appearance in siting of clusters, placement of buildings, use of open space, more efficient use of the most buildable portion of sites, and retention of the environmentally sensitive and scenic portions of sites as permanent open space;

(4) To permit flexibility that will encourage a more creative approach in the development of land in rural areas and will result in a more efficient, aesthetic, and environmentally sound use of land, while harmonizing with adjoining development and preserving the county’s attractive rural character;

(5) To encourage the development of cluster housing which provides greater compatibility with surrounding development and land uses in rural areas by providing larger buffer areas;

(6) To encourage the retention of more permanently undisturbed open space with its natural vegetative cover which protects continued groundwater recharge and reduces potential water pollution, flooding, erosion and other drainage-related problems often associated with rural development;

(7) To minimize adverse impacts on the county’s productive agricultural, forestry, mineral and other important resource lands;

(8) To minimize adverse impacts on the county’s environmentally sensitive areas such as wetlands, fish and wildlife habitat conservation areas, areas of unique vegetation or wildlife species, steep slopes, geologically hazardous areas, and other critical areas;

(9) To minimize the risk of danger to human life and property by restricting rural development on geologically unstable lands and in flood prone areas;

(10) To minimize the cost of installing essential public and private capital facilities necessary for a rural infrastructure;

(11) To support the provision of more affordable housing in rural areas;

(12) To provide reasonable opportunity for rural property owners to derive economic use of land characterized by features which substantially limit its development potential;

(13) To protect rural natural features and landscape by minimizing tree, vegetation, and soil removal;

(14) To provide a subdivision or short subdivision alternative for use in the rural/urban transition areas that will maintain and enhance rural character while preserving large tracts for future development upon inclusion into a UGA; and

(15) To require and promote the use of low impact development (LID) best management practices (BMPs) as directed by the Drainage Manual. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) An application for a rural cluster subdivision or short subdivision shall be combined with the application for a subdivision or short subdivision, and shall be processed as a single application.

(2) Clustering is permitted in the following zones:

(3) The provisions of this chapter shall not be used in the zones listed in SCC 30.41C.020(2) if the properties are designated on the Future Land Use Map (FLUM) as follows:

(4) Where the mineral resource overlay (MRO) covers a portion of a parcel zoned R-5, the provisions of this chapter may be used on that portion of the parcel located outside the MRO, if the provisions of SCC 30.32C.050 are met. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 07-090, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1) Rural cluster subdivisions or short subdivisions are subject to the same procedures, requirements, and approval criteria as any standard subdivision or short subdivision as set forth in chapters 30.41A and 30.41B SCC, except when the procedures, requirements, and approval criteria are specifically modified or added to by the provisions of this chapter.

(2) Rural cluster subdivisions and short subdivisions are subject to the landscaping provisions of chapter 30.25 SCC.

(3) Rural cluster subdivisions and short subdivisions shall meet applicable rural concurrency standards and traffic impact mitigation requirements in accordance with chapter 30.66B SCC.

(4) Rural cluster subdivisions and short subdivisions shall be located in a rural fire district and are required to provide adequate fire flow in accordance with SCC 30.53A.514 through 30.53A.520 or to provide other means of fire protection as approved by the Snohomish County fire marshal, unless exempt pursuant to SCC 30.53A.514.

(5) At the time of application, the site shall not be subject to any pending county enforcement action or in violation of federal, state, or county regulations.

(6) Conditions of approval for the subdivision or short subdivision shall require that all lots containing new buildings provide proof of enrollment in a third party certification program prior to issuance of individual building permits. Options for third-party certification are:

(1) A narrative description of how the proposal is consistent with SCC 30.41C.010, 30.41C.050, and third party certification requirements in SCC 30.41C.030(6). The narrative document shall also describe how the proposal makes appropriate provisions for the public health, safety, and general welfare; for open spaces, drainage ways, streets, other public ways and safe walking conditions; potable water supplies; sanitary wastes; recreation; fire protection; and other public facilities, if any.

(2) A site plan showing the existing character of the site, including:

(3) A site plan depicting how existing character-defining features identified pursuant to subsections (2)(a) through (2)(c) of this section will be maintained or enhanced by the proposed development, including:

(4) The approximate location of the building footprint on each lot.

(5) An open space management plan in accordance with SCC 30.41C.120.

(6) A description and proposed schedule for phasing of the project, if any.

(7) A sketch and general description of any proposed entrance sign or gate, including approximate dimensions and materials.

(8) A street lighting plan, if street lights are proposed.

(9) A completed third party certification checklist and proof of payment to the appropriate third party for the review and certification of the rural cluster development. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) The post-development view of the site from the roads should be as similar to the pre-development view as is practical.

(2) Avoid placing lots on ridgelines and other prominent topographic features to blend new development into the existing rural landscape.

(3) Landscaping, using both retention of existing vegetation and new plantings, shall soften and minimize the view of new development and preserve scenic views.

(4) Retain 50 percent of the overall tree canopy on the predevelopment site whenever feasible.

(5) Incorporate existing landscape features and structures into the site design to maintain rural character and the familiar landscape.

(6) Configure the clusters and lots to maintain the natural features of the site and minimize topographic alteration and clearing of existing vegetation.

(7) Avoid uniformity of cluster siting and building sites to provide visual diversity and maintain the dominance of natural features and open space in the rural area.

(8) Provide connectivity between open space tracts and natural habitat and wildlife corridors with adjacent properties whenever practical.

(9) Phase land disturbing activity site plans in accordance with any construction phasing.

(10) Avoid placement of impervious surfaces in areas appropriate for low impact development best management practices due to the capacity and ability of such areas to be used for infiltration and flow dispersal. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 10-024, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) Site design shall be subject to the following standards for clustering and protection of natural resource lands and critical areas:

(2) Tree retention is encouraged on building sites with the approved fire mitigation review in accordance with SCC 30.53A.514.

(3) Services and optional development features shall conform to the following standards:

(1) Setback buffers to separate existing or perimeter road rights-of-way that border the rural cluster development from the nearest cluster residential lot lines in the development shall be established in open space tracts that are a minimum of 100 feet in width. Setback buffer tracts may be reduced to a minimum of 60 feet in width when a sight-obscuring topographic variation or physical condition, such as forest, will serve as a visual buffer or if additional landscape screening is installed according to the requirements in SCC 30.25.033(4). When the existing site character is meadow or pasture, the setback buffer tract(s) shall be a minimum of 200 feet in width. Setbacks for a meadow or pasture site may be reduced to a minimum of 120 feet in width if natural characteristics such as topography or geologic outcrops obscure the view of the rural cluster development or if additional landscape screening is installed according to the requirements in SCC 30.25.033(4).

(2) Perimeter buffers shall be established in open space tracts on all boundaries of the rural cluster development abutting residential property. Perimeter buffers shall be a minimum of 100 feet in width unless larger buffers are required under SCC 30.41C.075(1). Perimeter buffer tracts may be reduced to a minimum of 60 feet in width when a sight-obscuring topographic variation or physical condition, such as forest, will serve as a visual buffer or if additional landscape screening is installed according to the requirements in SCC 30.25.033(4). Maintenance of existing vegetation and landscape screening in perimeter buffers shall be required in accordance with SCC 30.25.033.

(3) Open space tracts to separate clusters shall be a minimum of 150 feet in width, and may be reduced to a minimum of 75 feet when a sight-obscuring topographic variation or physical condition, such as forest, will serve as a visual buffer between the clusters or if additional landscape screening is installed according to the requirements in SCC 30.25.033(4).

(4) Open space shall include a minimum of 45 percent of the gross site area except in forestry and forestry and recreation zones and designated natural resource lands, where 60 percent is required, and in the rural urban transition area, where 65 percent is required.

(1) All roads, whether public or private, shall be designed and constructed in accordance with county engineering design and development standards (EDDS). Minimum required pavement dimensions consistent with the EDDS shall be used to minimize stormwater runoff.

(2) Access to the internal roads of a rural cluster subdivision by a private road may be permitted pursuant to SCC 30.41A.210.

(3) Access to the existing public roadway system shall be limited to no more than two points per cluster unless specifically approved or required by the county engineer.

(4) Internal roads shall be provided in accordance with the EDDS and with chapter 30.24 SCC.

(5) Connect clusters with pedestrian trails or pathways when feasible.

(6) Pedestrian facilities shall be designed and constructed in accordance with the EDDS. Use of pervious materials for pedestrian facilities is encouraged where conditions allow.

(7) If entrance gates are used, they shall be constructed to accommodate emergency vehicle access in accordance with SCC 30.53A.512. Gate locations and width shall be approved by the fire marshal and the county engineer. Gates serving two or fewer dwelling units may be exempt from these requirements if approved by the local fire district. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 10-072, Sept. 8, 2010, Eff date Oct. 3, 2010; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017; Amended by Amended Ord. 21-106, Feb. 23, 2022, Eff date Mar. 6, 2022).

(1) All open space within the rural cluster subdivision used to meet the open space requirements for lot yield calculations shall be restricted open space and not interim open space. Such restricted open space shall be designated, held in tracts separate from residential lots, and marked on the face of the plat.

(2) To qualify as restricted or interim open space, an area must meet the following standards:

(3) SCC Table 30.41C.090 establishes the minimum percentage of the original gross development area that shall be retained as restricted open space tracts, except when the land is also designated as rural urban transition area (RUTA), which is governed by SCC 30.41C.140.

(4) No more than 65 percent of the total restricted open space area may consist of unbuildable land as defined in SCC 30.91U.060.

(5) To retain rural character, the restricted open space shall contain on-site forested areas, active agriculture, meadows, pastures or prominent hillsides or ridges.

(6) The following notice shall be filed on the title of the properties within the plat and shall be placed on the face of the final plat and short plat:

"Tract ___ is a restricted open space tract with limited uses pursuant to chapter 30.41C SCC. The open space tract is intended to be preserved in perpetuity."

(1) A minimum 100-foot open space buffer shall be provided between the boundary of the designated natural resource land and the property lines of any residential lots or any structure within an open space; and

(2) A disclosure statement regarding the use rights associated with natural resource lands, as required by SCC 30.32A.210, 30.32B.210 or 30.32C.300, shall be recorded on the final plat or final short plat. The disclosure statement shall contain text stating the protections and potential hazards of proximity to agricultural, forestry, or mineral uses as required in SCC 30.32A.220, 30.32B.220 or 30.32C.310. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1) Open space requirements must be met with restricted or interim open space tract(s) held in separate ownership from residential lots and marked on the face of the plat with limited uses referenced.

(2) Restricted or interim open space tracts shall be owned by a single property owner, a homeowners association, a public agency or a not for profit organization.

(3) When ownership of restricted open space is by a single property owner, the property owner shall:

(4) Common ownership shall be by the property owners of the subdivision as a whole, in the form of a homeowners association.

(5) All lands classified as natural resource lands, including lands designated mineral resource overlay, that are included in restricted or interim open space areas shall be:

(6) Forest practices within restricted or interim open space shall be permitted, provided that:

(1) An open space management plan shall include the following information:

(2) The open space management plan must be approved by the director and shall be recorded as a separate document from the subdivision or short subdivision. The recording number shall be referenced on all property deeds arising from the rural cluster subdivision or short subdivision and copies of the management plan shall be provided to property owners with ownership documents.

(3) In approving the open space management plan, the director shall make a written finding that the parties designated as responsible for maintenance of designated open space are capable of performing this function, that provisions are included in the plan for succession to other qualified and capable parties should that become necessary, and that the county is indemnified should the responsible parties not fulfill their management obligations. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) SCC Table 30.41C.130 establishes the bulk regulations for rural cluster subdivisions or short subdivisions located outside of the RUTA and replaces SCC Table 30.23.030 for rural cluster subdivisions. Bulk regulations for rural clusters located inside the RUTA are governed by SCC 30.41C.140.

(1) The open space required in this section shall be designed as interim open space to be reserved for future use as urban development.

(2) SCC Table 30.41C.140 establishes the interim open space requirements and bulk regulations for rural cluster subdivisions or short subdivisions inside a RUTA:

(3) To maintain rural character of the site and facilitate future re-division of the interim open space, the following provisions apply:

(4) When more than 40 percent of the gross area of the site is constrained by critical areas, the minimum interim open space requirements may be reduced by up to 40 percent.

(5) The interim open space tract may be used for any use otherwise permitted in restricted open space as specified in SCC 30.41C.090(2), except that one single family dwelling may be sited within an interim open tract subject to the following requirements:

(6) The interim open space tract shall be established and maintained in accordance with SCC 30.41C.110 and 30.41C.120.

(7) The interim open space tract shall not be eligible for further division until it is removed from the RUTA as designated on the FLUM and becomes part of an urban growth area and can be served with adequate utilities. A note on the final plat or short plat shall be included indicating such restriction.

(8) The following notice shall be filed on the title of the properties within the plat and shall be placed on the face of the final plat or short plat:

"Tract ___ is an open space tract reserved for future development when the Urban Growth Area is expanded to include the open space parcel. Future development of this tract may include residential, commercial and industrial uses commonly found in an urban area. The open space tract is not intended to be preserved in perpetuity."

(9) Applicants for rural cluster subdivisions or short subdivision proposed in a RUTA as designated on the FLUM shall notify the adjacent city of plans for proposed infrastructure improvements. When a master annexation inter-local agreement has been adopted by the county council, infrastructure improvements for the rural cluster subdivision or short subdivision shall be subject to approval from the city. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) An applicant may request a modification to the following standards:

(2) A request for modification:

(3) The department, in the case of a rural cluster short subdivision, or the hearing examiner in the case of a rural cluster subdivision, may approve a request for modification when:

(1) Basic lot yield shall be obtained by dividing the gross site area by the larger of 200,000 square feet or the minimum required lot area of the zone in which the rural cluster subdivision or short subdivision is to be located (with both numbers expressed in the same units).

(2) The maximum lot yield shall be obtained by multiplying the basic lot yield by one plus the density bonus, expressed as a fraction, as specified in SCC 30.41C.240.

(3) In determining the lot yield, a designated duplex lot shall be considered as two lots.

(4) Whenever the resulting yield results in a fractional equivalent of 0.5 or more, the yield shall be rounded up to the next whole number; fractions of less than 0.5 shall be rounded down. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 09-046, Aug. 12, 2009, Eff date Sept. 10, 2009).

(1) For all lands, except those specified in subsections 2 and 3 of this section, a rural cluster subdivision or short subdivision shall be awarded a residential density bonus of 15 percent of the maximum density allowed by the underlying zone if the amount of restricted open space equals the amount required in SCC 30.41C.075 and 30.41C.090. If additional restricted open space is proposed beyond the minimum amount required, a rural cluster subdivision or short subdivision shall be awarded an additional one percent density bonus for every additional one percent of restricted open space designated up to a maximum total density bonus of 35 percent.

(2) A rural cluster subdivision or short subdivision on lands designated local forest or subject to the mineral resource overlay shall be awarded a residential density bonus of 5 percent if the amount of restricted open space meets or exceeds the amount required in SCC 30.41C.075 and 30.41C.090. If additional restricted open space is proposed beyond the minimum amount required, a rural cluster subdivision or short subdivision shall be awarded an additional one percent density bonus for every additional one percent of restricted open space designated up to a maximum total density bonus of 10 percent.

(3) On lands designated RR-RD within a RUTA overlay, no density bonus is allowed. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 09-046, Aug. 12, 2009, Eff date Sept. 10, 2009).

(1) To preserve areas of land which are suitable for agriculture, forestry, open space or, when applied in the rural urban transition area, possible future development;

(2) To preserve rural open space with the purpose of assuring continued viable undeveloped natural vegetated corridors for wildlife habitat, protection of watersheds, and preservation of wetlands and rural character;

(3) To produce a development pattern in rural areas consistent with rural character in accordance with rural land use policies and manifesting variety in design rather than uniformity of appearance in siting of clusters, placement of buildings, use of open space, more efficient use of the most buildable portion of sites, and retention of the environmentally sensitive and scenic portions of sites as permanent open space;

(4) To permit flexibility that will encourage a more creative approach in the development of land in rural areas and will result in a more efficient, aesthetic, and environmentally sound use of land, while harmonizing with adjoining development and preserving the county’s attractive rural character;

(5) To encourage the development of cluster housing which provides greater compatibility with surrounding development and land uses in rural areas by providing larger buffer areas;

(6) To encourage the retention of more permanently undisturbed open space with its natural vegetative cover which protects continued groundwater recharge and reduces potential water pollution, flooding, erosion and other drainage-related problems often associated with rural development;

(7) To minimize adverse impacts on the county’s productive agricultural, forestry, mineral and other important resource lands;

(8) To minimize adverse impacts on the county’s environmentally sensitive areas such as wetlands, fish and wildlife habitat conservation areas, areas of unique vegetation or wildlife species, steep slopes, geologically hazardous areas, and other critical areas;

(9) To minimize the risk of danger to human life and property by restricting rural development on geologically unstable lands and in flood prone areas;

(10) To minimize the cost of installing essential public and private capital facilities necessary for a rural infrastructure;

(11) To support the provision of more affordable housing in rural areas;

(12) To provide reasonable opportunity for rural property owners to derive economic use of land characterized by features which substantially limit its development potential;

(13) To protect rural natural features and landscape by minimizing tree, vegetation, and soil removal;

(14) To provide a subdivision or short subdivision alternative for use in the rural/urban transition areas that will maintain and enhance rural character while preserving large tracts for future development upon inclusion into a UGA; and

(15) To require and promote the use of low impact development (LID) best management practices (BMPs) as directed by the Drainage Manual. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 06-061, Aug. 1, 2007, Eff date Oct. 1, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) An application for a rural cluster subdivision or short subdivision shall be combined with the application for a subdivision or short subdivision, and shall be processed as a single application.

(2) Clustering is permitted in the following zones:

(3) The provisions of this chapter shall not be used in the zones listed in SCC 30.41C.020(2) if the properties are designated on the Future Land Use Map (FLUM) as follows:

(4) Where the mineral resource overlay (MRO) covers a portion of a parcel zoned R-5, the provisions of this chapter may be used on that portion of the parcel located outside the MRO, if the provisions of SCC 30.32C.050 are met. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 05-083, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Amended Ord. 05-089, Dec. 21, 2005, Eff date Feb. 1, 2006; Amended by Ord. 07-090, Sept. 5, 2007, Eff date Sept. 21, 2007; Amended by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 21-060, Oct. 6, 2021, Eff date Oct. 22, 2021).

(1) Rural cluster subdivisions or short subdivisions are subject to the same procedures, requirements, and approval criteria as any standard subdivision or short subdivision as set forth in chapters 30.41A and 30.41B SCC, except when the procedures, requirements, and approval criteria are specifically modified or added to by the provisions of this chapter.

(2) Rural cluster subdivisions and short subdivisions are subject to the landscaping provisions of chapter 30.25 SCC.

(3) Rural cluster subdivisions and short subdivisions shall meet applicable rural concurrency standards and traffic impact mitigation requirements in accordance with chapter 30.66B SCC.

(4) Rural cluster subdivisions and short subdivisions shall be located in a rural fire district and are required to provide adequate fire flow in accordance with SCC 30.53A.514 through 30.53A.520 or to provide other means of fire protection as approved by the Snohomish County fire marshal, unless exempt pursuant to SCC 30.53A.514.

(5) At the time of application, the site shall not be subject to any pending county enforcement action or in violation of federal, state, or county regulations.

(6) Conditions of approval for the subdivision or short subdivision shall require that all lots containing new buildings provide proof of enrollment in a third party certification program prior to issuance of individual building permits. Options for third-party certification are:

(1) A narrative description of how the proposal is consistent with SCC 30.41C.010, 30.41C.050, and third party certification requirements in SCC 30.41C.030(6). The narrative document shall also describe how the proposal makes appropriate provisions for the public health, safety, and general welfare; for open spaces, drainage ways, streets, other public ways and safe walking conditions; potable water supplies; sanitary wastes; recreation; fire protection; and other public facilities, if any.

(2) A site plan showing the existing character of the site, including:

(3) A site plan depicting how existing character-defining features identified pursuant to subsections (2)(a) through (2)(c) of this section will be maintained or enhanced by the proposed development, including:

(4) The approximate location of the building footprint on each lot.

(5) An open space management plan in accordance with SCC 30.41C.120.

(6) A description and proposed schedule for phasing of the project, if any.

(7) A sketch and general description of any proposed entrance sign or gate, including approximate dimensions and materials.

(8) A street lighting plan, if street lights are proposed.

(9) A completed third party certification checklist and proof of payment to the appropriate third party for the review and certification of the rural cluster development. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 24-021, Aug. 28, 2024, Eff date Sept. 19, 2024).

(1) The post-development view of the site from the roads should be as similar to the pre-development view as is practical.

(2) Avoid placing lots on ridgelines and other prominent topographic features to blend new development into the existing rural landscape.

(3) Landscaping, using both retention of existing vegetation and new plantings, shall soften and minimize the view of new development and preserve scenic views.

(4) Retain 50 percent of the overall tree canopy on the predevelopment site whenever feasible.

(5) Incorporate existing landscape features and structures into the site design to maintain rural character and the familiar landscape.

(6) Configure the clusters and lots to maintain the natural features of the site and minimize topographic alteration and clearing of existing vegetation.

(7) Avoid uniformity of cluster siting and building sites to provide visual diversity and maintain the dominance of natural features and open space in the rural area.

(8) Provide connectivity between open space tracts and natural habitat and wildlife corridors with adjacent properties whenever practical.

(9) Phase land disturbing activity site plans in accordance with any construction phasing.

(10) Avoid placement of impervious surfaces in areas appropriate for low impact development best management practices due to the capacity and ability of such areas to be used for infiltration and flow dispersal. (Added by Amended Ord. 08-087, Feb. 4, 2009, Eff date Apr. 5, 2009; Amended by Amended Ord. 10-023, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 10-024, June 9, 2010, Eff date Sept. 30, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016; Amended by Amended Ord. 17-070, Nov. 1, 2017, Eff date Dec. 1, 2017).

(1) Site design shall be subject to the following standards for clustering and protection of natural resource lands and critical areas:

(2) Tree retention is encouraged on building sites with the approved fire mitigation review in accordance with SCC 30.53A.514.

(3) Services and optional development features shall conform to the following standards: