Subject to the exception for contingent sales and escrows in RCW 58.17.205, when a short subdivision is proposed, the developer shall apply and secure approval of the proposed short subdivision in accordance with the following procedures before the sale of any lot and before the issuance of any permit for the erection of a structure within the proposed short subdivision.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
Preapplication Conference.
1. 
Prior to the filing of a short subdivision application, the developer shall apply for a preapplication conference as provided in SMC § 19.02.030.
2. 
The development review team shall advise the developer as to procedure, conformity to applicable ordinances and comprehensive plan policies.
3. 
Attendance and participation in a preapplication conference shall not vest an application. Vesting of an application shall only occur when a complete short subdivision application has been submitted and accepted for review along with the applicable fee as provided by the City of Sultan annual fee schedule.
B. 
Development Authorization Required.
1. 
Short plats, including unit lot subdivisions, require a Level II review and decision process as provided by Chapter 19.24 SMC.
2. 
As provided in WAC 197-11-800(6), short subdivisions dividing land into fewer than 10 lots, tracts, parcels, sites or division for the purpose of sale, lease, or transfer of ownership shall be categorically exempt from SEPA threshold determination requirements, except as otherwise provided in WAC 197-11-305 and 197-11-800 as determined by the director.
C. 
Application for Short Subdivision. Application for short subdivision approval shall consist of the application materials identified through the City's MyGov permitting portal. A list of common application materials can be found in SMC § 19.02.025. Applications are subject to additional submission requirements deemed necessary by the community development director in order to review the application for compliance with development regulations.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1200-14 § 8; Ord. 1284-17 § 2 (Exh. B); Ord. 1347-21 § 54; Ord. 1420-25, 7/24/2025)
A. 
The developer shall submit the application to the director along with the appropriate fees.
B. 
Within 28 working days of the date of receipt of either an application or resubmitted and/or additional information, the director shall determine if the application is complete and accurate for the purposes of vesting.
C. 
The city shall, within 28 working days of receiving an application, mail a written notice to the applicant providing one of the following:
1. 
A determination of completeness; or
2. 
A determination of incompleteness and a statement(s) regarding what is necessary to make the application complete.
D. 
The application shall not be accepted for formal filing until issuance of a formal determination of completeness by the director.
E. 
Resubmittal.
1. 
Resubmittals with the necessary information making the application complete within 90 days of original filing will not be subject to additional filing fees.
2. 
Resubmittals between 90 days and 180 days of notification to provide additional information that are returned with the information that makes the application complete will be charged additional fees as provided by the City of Sultan annual fee schedule.
F. 
Expiration of Application. Failure to resubmit a complete application responding to all requirements and standards of the determination of incompleteness or inaccuracy within 180 days of the notification of such determination shall result in expiration of the application. Any subsequent application for subdivision of the subject property shall be subject to a new application process and all fees applicable to a preliminary subdivision application.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
The director shall consider the application materials, the development review committee recommendations and any public comments submitted on the proposal and determine whether the proposal conforms to policies, standards and accepted design principles for the following:
A. 
Consistency with the comprehensive plan and municipal code;
B. 
Appropriate provisions for the factors enumerated in RCW 58.17.110 within and around the proposed short plat;
C. 
Adequate means of ingress and egress to the proposed lots in accordance with the provisions of this code;
D. 
Plans and design for all road and utility improvements required by this title, the city's engineering standards and other applicable development standards;
E. 
Compliance with the critical areas regulations and shoreline master program as appropriate;
F. 
Compliance with the park recreation and open space plan, concurrency management standards, transportation plan, stormwater management program and all other components and appendices to the comprehensive plan;
G. 
Mitigation of probable adverse environmental impacts as determined by the SEPA review process when applicable.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
Public facility improvements which may be required in short subdivisions shall be completed prior to final short plat certification and recording except when surety is provided according to the provisions of this section.
B. 
Essential improvements for vehicular transportation, emergency service access and stormwater management shall be completed prior to final approval of the short subdivision and shall not be deferred under a surety program.
C. 
The city may allow a developer to provide surety for sidewalks, street lights and other required improvements not listed in subsection B of this section.
D. 
Surety for short subdivision improvements shall be accompanied by engineered improvement plans and adequate surety is provided as required in SMC § 19.10.070.
E. 
All improvements covered by surety shall be completed within one year of recording the short plat.
F. 
Said surety will be called for payment on behalf of the city immediately after the expiration of the one year period after recording if the required improvements are not complete.
G. 
All public improvements required to be constructed for development of a short subdivision shall be as required in the Public Works Engineering, Design and Development Standards (EDDS), and Chapter 19.42 SMC, Public Facility Requirements.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
Every short subdivision submitted for final approval shall be accompanied by a record of survey prepared by a registered land surveyor according to the procedures and requirements set forth in Chapter 58.09 RCW, the Survey Recording Act.
B. 
Survey requirements pertaining to the surveyor's certificate, survey data and control monumentation shall be as provided for "final plats" in Chapter 19.10 SMC.
C. 
If the short plat includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public and a waiver of all claims against any government authority which may result in damages to the adjacent land from construction of, drainage from and maintenance of any road or stormwater management facility. The certificate shall be signed and acknowledged before a notary public by all parties having any interest in the land subdivided. If any dedications are required, they shall be specifically identified on the plat document at the time of approval.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
A licensed professional land surveyor shall complete all lot staking prior to the recording of the short subdivision.
B. 
All lot corners, including interior lot corners, shall be marked with a permanent marker that bears the land surveyor's registration number. When the boundary lines follow a meandering line, the corners shall be set as directed by the city engineer.
C. 
When the legal description of the short subdivision utilizes partial or complete section subdivisional breakdown to establish the boundaries, section subdivision survey information shall be shown in accordance with the requirements of WAC 332-130-030.
D. 
All reference monuments used in the establishment of the short subdivision corners shall be identified, described and noted as set or found. When appropriate, the survey shall reference previous surveys that served as the basis for the survey.
E. 
When the short subdivision is adjacent to a constructed public right-of-way and the plat corners or its offset represents a quarter corner, section corner or donation land claim that is not of record or has been lost (or obliterated), a standard monument shall be placed.
F. 
Whenever a short subdivision is adjacent to existing right-of-way, the centerline of the right-of-way shall be located on the plat drawing. If the constructed improvements fall outside of the documented right-of-way, the surveyor shall identify the existing edge of the pavement and limits of the maintained right-of-way section on the drawing and show its relationship to said centerline.
G. 
All requirements of Chapter 58.09 RCW and Chapter 332-130 WAC governing minimum standards for land boundary surveys shall be met and a note shall be placed that reads:
THIS SURVEY COMPLIES WITH ALL THE STANDARDS AND GUIDELINES OF THE "SURVEY RECORDING ACT" CHAPTER 58.09 RCW AND WAC 332-130.
H. 
The side lot lines of each lot, which if extended would intersect with the curb, shall be marked on the curb.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
Upon receipt of the completed short plat which meets all requirements of this chapter, the director shall submit all appropriate documentation to the city administrator who shall review and execute the administrator's signature block on the short plat if it is found to be ready for execution.
B. 
The completed short plat must be accompanied by a current short plat certificate confirming that the title of the lands as described and shown on the short plat is in the name of the owner(s) signing the certificate.
C. 
No short plat shall be valid without execution of the city administrator's, city engineer and community development director's approval on the face of the plat.
D. 
After 10 days have elapsed from the date of the final approval as provided in SMC § 19.14.060, or cessation of all appeal periods, the city shall provide the signed plat and all documents to be recorded to the responsible surveyor.
E. 
The responsible surveyor shall receive the plat and accompanying documents from the city and shall record said documents within 15 days of receipt. Recording fees shall be paid by the applicant.
F. 
The short subdivision shall be approved only when all necessary documents have been recorded. A recorded Mylar or digital copy of the recorded documents shall be returned to the city and kept with the city's records.
G. 
The short plat is not a legal division of land until it has been recorded.
H. 
No permits for construction of any kind shall be issued for land subject to a short plat under the provisions of this chapter until documentation of the recorded plat has been provided to the city.
(Ord. 1144-12 § 2 (Exh. A); Ord. 1284-17 § 2 (Exh. B); Ord. 1420-25, 7/24/2025)
A. 
Purpose and Applicability.
1. 
The purpose of this section is to allow the subdivision of land for individual ownership of detached single-family residences, detached accessory dwelling units, duplexes, triplexes, fourplexes, fiveplexes, sixplexes, courtyard housing, townhomes, and cottage housing while applying site development standards to the parent lot as a whole, rather than to the individual unit lots created, as required by RCW 58.17.060.
2. 
Unit lot subdivisions are processed as short subdivisions and are subject to the procedures in SMC § 19.12 and SMC §§ 19.14.010 through 19.14.100 unless otherwise stated in this section.
3. 
A maximum of nine unit lots can be created through this method.
4. 
A unit lot subdivision may be combined with standard short subdivisions and subdivision methods provided the portion of the project utilizing unit lots complies with this section.
B. 
General Requirements.
1. 
Development as a whole on the parent lot, rather than individual unit lots, must comply with applicable density and dimensional standards established in SMC § 16.12.
2. 
Subsequent platting or structural modifications must not create or increase nonconformity of the parent lot; unit lots are not independently buildable and are limited by parent lot development standards, including building coverage and setbacks.
3. 
Each unit lot must have adequate provisions for ingress, egress, and utilities, including easements where necessary, as approved by the public works director.
4. 
Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners' association shall be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features shall be recorded with the county auditor.
5. 
A unit lot may be as small as the footprint of the structure it contains, provided it meets applicable building, fire, and utility code requirements.
6. 
Portions of the parent lot not subdivided for individual unit lots shall be owned and maintained in common by the owners of the individual unit lots, or by a homeowners' association comprised of the owners of the individual unit lots.
7. 
Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit for which the parking serves, as long as the right to use the parking is included in notes dedication on the face of the plat or short plat or formalized by an permanent easement recorded with the county auditor and does not reduce the parking required for the use on that lot.
8. 
Alley access is required for developments of five or more unit lots, unless determined infeasible by the Public Works Director due to existing conditions.
9. 
Each unit proposed to be part of the unit lot subdivision must have its own water meter.
C. 
Unit Lot Subdivision Examples.
D. 
Recording Requirements.
1. 
The unit lot subdivision must be clearly labeled as a "Unit Lot Subdivision" on the short plat.
2. 
Dedication language must be placed on the face of the plat as recorded with the Snohomish County auditor to state the following:
a. 
Legal description of the parent lot and each unit lot.
b. 
Distinct labels for each unit lot (e.g., Unit Lot A, Unit Lot B, etc.).
c. 
Approval of the development on each unit lot was granted by the review of the development, as a whole, on the parent lot.
d. 
Any access easements, joint use and maintenance agreements, and CC&Rs should be recorded with the county auditor.
e. 
Subsequent platting actions and additions or modifications to structure(s) may not create or increase any nonconformity of the parent lot.
f. 
Unit lots are not separate buildable lots independent of the overall development, and additional development of individual unit lots would be limited as a result of the application of development standards to the parent lot, including but limited to building coverage and setbacks.
(Ord. 1420-25, 7/24/2025)