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For statutory provisions on short subdivisions, see RCW 58.17.060 et seq.
The purpose of this chapter is to regulate the subdivision of land into four or less lots in such a way as to promote the protection of the public's health, safety and general welfare. Such subdivision of land shall comply with the standards set forth in this chapter to prevent the overcrowding of the land; to lessen congestion of streets and highways; to provide adequate space, light and air; to facilitate adequate provisions for water, sewerage, streets and other public and general uses; to provide for adequate ingress and egress; and to permit conveyancing by accurate legal description.
(Ord. 465 § 2, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Applicability of Provisions. Every division or redivision of land for the purpose of sale, lease or transfer of ownership into four or fewer lots, parcels or tracts, any one of which is less than five acres, shall proceed in compliance with this chapter.
B. 
Redivision of Platted Lots. As provided in RCW 58.17.060, a lot that is created by a short subdivision shall not be further divided by short platting for a period of five years; provided, however, that when the short subdivision contains fewer than four lots, nothing in this section shall prevent the filing of an alteration or amendment within a five-year period to create up to four lots, within the original short plat boundaries. The amended short plat shall be recorded in accordance with the following provisions:
1. 
The amended short subdivision must comply with the procedures and requirements of the current regulations for short subdivision approval. A new survey shall not be required except for new lines created by the amended short subdivision.
2. 
The title of the amended short plat shall be: "Short Plat No. ___ Amending Short Plat No. ___." The second blank above shall be completed by the applicant prior to submission of the amended short subdivision.
3. 
The amended short plat shall show all of the land shown on the original short subdivision and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short subdivision as shown by a current title certificate.
4. 
Any further divisions within said five-year period must be processed as a subdivision in compliance with this title.
5. 
Minor clerical errors may be corrected by the surveyor upon approval of the city clerk-treasurer by recording an affidavit with the county auditor specifically referencing the short subdivision by number and the correction.
C. 
Placing Lots or Parcels on Assessment Rolls. No lot or parcel of land subject to the provisions of this section shall be placed on the county assessor's tax rolls until an approved short subdivision has been filed for record with the county auditor.
D. 
Administrative Authority. The city planner and city engineer are responsible for processing and approving proposed short subdivisions.
(Ord. 465 § 3, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Application Requirements.
1. 
Preapplication Meeting – Preapplication Conference. Prior to filing an application to subdivide a piece of property, the subdivider shall submit an application and associated fees with the city clerk-treasurer for a development review committee meeting in accordance with Chapter 17.77 CRMC. This meeting shall attempt to provide the applicant with a full understanding of the information required by this title to review the proposed subdivision.
2. 
Notice of Application. The city clerk-treasurer shall post notice of application on the subject property in a manner conspicuous to adjoining landowners, and, in addition, the city clerk-treasurer may provide notice by mailing to adjacent landowners within 300 feet of the subject property, or in any manner the city clerk-treasurer deems necessary to notify adjacent landowners and the public.
3. 
Application for Short Subdivision. Application for a short subdivision shall be conducted in two phases: preliminary application and final application. Nothing shall prohibit an applicant from skipping the preliminary application process and submitting for final application if he/she has a complete understanding of the city's requirements. Preliminary short subdivision application shall consist of the following:
a. 
One copy of the master application;
b. 
One copy of the short subdivision application and checklist;
c. 
One copy of the environmental questionnaire (an affirmative answer to any one question triggers the requirement to submit a SEPA checklist and undergo environmental review in accordance with Chapter 18.04 CRMC);
d. 
One copy of a narrative describing the proposed use and the expected number of occupants and/or employees and estimated vehicle trips generated by the use;
e. 
Seven reproducible copies (eight and one-half inches by 11 inches or 11 inches by 17 inches) or oversize copies of a drawing showing:
i. 
Subject property (all existing and proposed property lines dimensioned) and abutting streets (existing and proposed);
ii. 
Location of the subject site with regards to the nearest street intersections, including intersections opposite the subject property;
iii. 
Location of existing driveways adjacent to the subject property or on the opposite side of the street facing the subject property;
iv. 
All existing public improvements including, but not necessarily limited to: applicable utilities (for example but not limited to water, sewer and storm drainage facilities), curbs, gutters and sidewalks; median islands; street trees; streetlights; fire hydrants; utility poles, etc., including those adjacent to the subject site;
v. 
Location of existing and proposed fencing or retaining walls, freestanding signs, easements, refuse areas, and on-site utility structures;
vi. 
Location and size of proposed structures, storage areas, buffer areas, yards, open spaces, and landscape areas;
vii. 
Proposed use of structures and gross floor area;
viii. 
A vehicular and pedestrian circulation plan illustrating all access points for the site, and the size and location of all driveways, streets and roads, and the location, size and design of parking and loading areas;
ix. 
An estimate of the traffic generation to and around the subject property that is anticipated if the proposed development is constructed;
x. 
Generalized grading plan, if the proposed grade differential on site will exceed 24 inches from top of the curb or adjacent properties;
xi. 
Generalized utilities plan, drainage and stormwater runoff provisions; and
xii. 
Topographic features and contours (existing and proposed), at intervals not greater than five feet, and existing rivers, streams, lakes, marshes, wetlands and other natural features. The extent and location of the 100-year floodplain of any nearby rivers or streams shall also be shown if applicable;
f. 
A title report is not required at the time of preliminary short plat application but is advisable when questions exist regarding property line dimensions and/or the existence of easements or encumbrances.
B. 
Administrative Review.
1. 
Review Procedure. The city clerk-treasurer shall review the application for completeness and whether or not any outstanding assessment roll for local improvements or utility improvements exists on part or all of the property(ies) within the short subdivision. If any outstanding assessments are found, the application shall be returned to the applicant as not acceptable. If no outstanding assessments are found, then the city clerk-treasurer shall continue review of the application for general completeness; and
2. 
Distribute copies to city staff for development review as per CRMC § 17.77.040 to determine if the proposal conforms to the policies, standards and accepted design principles for the following:
a. 
The comprehensive plan and zoning code;
b. 
Public facilities, including, but not limited to, transportation, facilities, stormwater, drainage, water supply, sewage disposal, streets, sidewalks, nonmotorized transportation, street lights, fire protection facilities, easements and utilities within and around the proposed short subdivision;
c. 
The proposed lots have adequate means of ingress and egress in accordance with the provisions of this title; and
d. 
The public interest will be served by the subdivision and/or dedication.
3. 
Access to the boundary of all short subdivisions and all short platted lots shall be provided by a street meeting city street standards. If the subdivider uses a private street, each lot owner having access thereto shall have a responsibility for maintenance of such private street. Any private street shall also contain a drainage and utilities easement.
4. 
Decision. Upon completion of technical review, the city planner shall notify the applicant in writing within 14 working days of the decision to approve, conditionally approve, or disapprove the proposed short subdivision.
5. 
Appeal of City Planner Decision to City Council. A city planner decision may be appealed to the Castle Rock city council by filing a notice of appeal with the city clerk-treasurer, together with any such filing fees as identified in CRMC § 17.08.020, within 10 days following the notice of determination.
6. 
A city council negative decision may be reviewed by the superior court of the county. The action may be brought by any property owner in the city who deems himself aggrieved thereby. Application for a writ of review shall be made to the court within 21 days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.
(Ord. 465 § 4, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
The final short plat application shall be on a form provided by the city clerk-treasurer. The number of copies as required on the application form shall be filed with the city clerk-treasurer, which application shall contain the following information:
A. 
The date of the application;
B. 
The name, address, telephone number and signature of the subdivider;
C. 
The names, addresses and telephone numbers of all persons holding interest in the property to be subdivided, including the subdivider or subdividers;
D. 
The legal description of the property to be subdivided, and a legal description of each lot to be subdivided therefrom;
E. 
The location of the property to be subdivided with reference to the nearest existing public streets;
F. 
The proposed use of each lot;
G. 
Existing property restrictions, covenants, mortgages, liens, and other encumbrances of the property to be subdivided;
H. 
Proposed restrictions and covenants, if any, on the property to be subdivided;
I. 
A reference to any previous short plat which included the same property.
(Ord. 465 § 10, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A fee as required in the fee schedule on file with the city clerk-treasurer shall be paid to the city along with the filing of each application for a short subdivision. Such payment shall be made to the city clerk-treasurer. In addition, the applicant shall pay to such office, prior to city approval, the fee to be charged by the county auditor for filing such plat of record.
(Ord. 465 § 11, 1978; Ord. 99-24, 1999; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A subdivider shall supply and file with the city clerk-treasurer an original and two copies of a short plat, drawn to a scale of one inch to 50 feet on white bond paper, and shall contain the following information:
A. 
The scale and north arrow;
B. 
The name and signature of the subdivider or subdividers;
C. 
County tax audit number;
D. 
The location and names of public streets and easements within the area of the short plat with their width denoted thereon;
E. 
The layout of the proposed roads and easements, including utility easements, with their width denoted thereon;
F. 
All dimensions along the lines of each lot, in feet and decimals of a foot to the nearest one-hundredth foot with true bearings, and any other data necessary for the location of any lot in the field;
G. 
A number assigned to each lot for administrative purposes;
H. 
The property lines and names of adjacent subdivisions and property lines of adjacent parcels of property, the approximate size of those subdivision lots and adjacent parcels, and the owners of title thereof;
I. 
All monuments must be shown on the short plat;
J. 
A certificate, signed and acknowledged by the subdivider or subdividers, that the short subdivision has been made with the free consent and in accordance with the desires of the owner or owners;
K. 
All information required for short plats in CRMC § 16.37.010.
(Ord. 465 § 12, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
Land in short subdivisions may not be further divided in any manner within a period of five years without the filing of a final plat.
(Ord. 465 § 13, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Roads, sidewalks and other improvements which may be required in short subdivisions shall be completed prior to the final short plat certification and recording unless engineered improvement plans with adequate surety are provided in the same manner and standards as required for subdivisions; except, that all improvements covered by surety shall be completed within one year of recording the short plat.
B. 
Improvement plans along with the completed short plat map shall be submitted to the city not later than six months following the date of preliminary approval.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
Upon receipt of the completed short plat which meets all requirements of this section, the city planner and city engineer shall certify approval of the short plat. Two Mylar bases and the required recording fee shall be furnished to the city of Castle Rock. The city clerk-treasurer shall then forward one Mylar base to the city engineer. One Mylar shall be recorded with the Cowlitz County auditor by the city planner within five days after the date the last required signature has been obtained. After recording, the developer shall provide one 11-inch-by-17-inch paper copy of the recorded Mylar to the city within seven days of recording the final plat. No building permits will be issued until the copy of the recorded plat has been provided to the city. The fees for this copy shall be paid by the developer in addition to all other recording fees.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
Any lots in a short subdivision shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the effective date of final approval under RCW 58.17.170.
(Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)
A. 
Any person who subdivides property except as provided in this chapter for the development, sale or lease thereof shall be guilty of a misdemeanor.
B. 
Whenever any parcel of land is divided in violation of this chapter and any person, firm, or corporation or any agent of them sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such short subdivision approved, the city attorney shall commence an action to restrain and enjoin further subdivisions or sales or transfers, or offers for sale or transfer, and compel compliance with all provisions of this chapter. The cost of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.
(Ord. 465 § 14, 1978; Ord. 2006-09 Att. A, 2006; Ord. 2010-01 Att. A, 2010)