(1) 
Any person seeking to divide or redivide land situated within the town into four or fewer lots for the purpose of sale or lease, transfer or ownership, development or financing shall submit an application for approval of a short subdivision to the planning director together with an application fee as established in the permit fee ordinance. The application is subject to procedure requirements, established in the land use permit process. Within 30 days of the date of filing, a short plat shall be approved or disapproved or returned to the applicant unless the applicant consents to an extension of this time period.
(2) 
A survey of each proposed short subdivision and preparation of the short plat for it shall be made by or under the supervision of a registered land surveyor who shall certify on a short plat that it is a true and correct representation of the lands actually surveyed.
(Ord. 428 § 16.12.010, 1998)
Applications for approval of a short subdivision shall include the following:
(1) 
A plat of the proposed short subdivision containing standard survey data;
(2) 
A vicinity map on which shall be indicated the property to be subdivided;
(3) 
A plot plan, as appropriate, showing the location and dimensions of existing buildings in relation to the proposed short subdivision. The square footage and closure computations of each parcel or lot shall show that each parcel or lot contains at least sufficient footage to meet minimum zoning and health requirements;
(4) 
Legal descriptions of the property to be subdivided and of all proposed lots or divisions;
(5) 
Name and address of owner(s) of the tract;
(6) 
Location of existing roadways, sanitary sewer, storm drain and water mains, if any, together with proposed street improvements.
(Ord. 428 § 16.12.020, 1998)
Every short plat of a short subdivision filed for record must contain:
(1) 
A certificate giving a full correct description of the lands divided as they appear on the short plat, including a statement that the short subdivision has been made with the free consent and in accordance with the desires of the owner or owners.
(2) 
If the short plat includes a dedication, the certificate or a separate written instrument of dedication shall contain the dedication of all streets and other areas to the public, an individual or individuals, religious society or societies or to any corporation, public or private, as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of the road.
(3) 
Roads not dedicated to the public must be clearly marked on the face of the short plat.
(4) 
All short plats containing a proposed dedication must be accompanied by a title report confirming that the title of the lands as described and shown on the short plat is in the name of the owner signing the certificate or instrument of dedication.
(5) 
A title certificate shall be required for all land divisions.
The certificate and instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the land subdivided and shall be recorded as part of the final plat. Any dedication, donation, or grant as shown on the face of the short plat shall be considered to all intents and purposes as a quitclaim deed to the grantee or grantees for his, her or their use for the purpose intended by the donors or grantors.
(Ord. 428 § 16.12.030, 1998)
(1) 
Every short plat shall include adequate provisions for dedication of drainage-ways, street, alleys, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.
(2) 
Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the town.
(3) 
Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be required.
(4) 
Access to new lots shall be from a dedicated street, unless the director determines that the following conditions exist, and permits access by a permanent private easement:
(a) 
Access by easement would not compromise the goals of CMC Title 19 to provide for adequate light, air and usable open space between structures; and
(b) 
The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and
(c) 
The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and
(d) 
No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and
(e) 
There is no potential for extending the street system.
(5) 
Dedicated streets and alleys shall meet the improvement requirements of Chapter 12.04 CMC. Easements shall meet the engineering design standards of Chapter 12.04 CMC for access streets, except that the minimum width of an easement shall be 30 feet.
(Ord. 428 § 16.12.035, 1998; Ord. 736, 2015)
(1) 
The planning director shall, after conferring with appropriate officials, use the following criteria to determine whether to grant, condition or deny a short plat:
(a) 
Conformance to the applicable comprehensive plan policies and zoning ordinance provisions;
(b) 
Adequacy of access for vehicles, utilities and fire protection as provided in CMC § 17.12.035;
(c) 
Adequacy of drainage, water supply and sanitary sewage disposal;
(d) 
Whether the public use and interests are severed by permitting the proposed division of land.
(2) 
If the short subdivision contains a proposed dedication, the planning director shall refer the matter to the town engineer for report and recommendation. The short plat or dedication instrument shall be transmitted to the town council for acceptance of the dedication by ordinance.
(Ord. 428 § 16.12.040, 1998)
(1) 
If the planning director determines that the requirements of this section are met, or may be met upon compliance with specified conditions, the planning director shall inform the applicant in writing findings of the decision to approve the application and the conditions of the approval, if any, and may return the proposed short plat to the applicant for modification or correction. When the planning director has determined that:
(a) 
The short plat contains the certificates, dedication instruments and statements of approval required by state law and this chapter;
(b) 
The short plat and all legal descriptions are technically correct; and
(c) 
Review procedures pursuant to Chapter 19.68 CMC have been concluded, the short plat shall be filed for record with the Skagit County auditor. Except for purposes of appeal, no short plat or short subdivision granted approval by the planning director shall be deemed to have final approval until filed.
(2) 
The decision of the planning director on a short subdivision is subject to the further review by the town council and procedures established under Land Use Permit Process, Chapter 19.68 CMC. There shall be a notice of application and comment period pursuant to CMC §§ 19.68.070 and 19.68.080.
(Ord. 428 § 16.12.050, 1998)
Land within a short subdivision may not be further divided within a five-year period immediately following approval and filing of a short plat unless a final plat for such subdivision is approved and filed for record in accordance with the provisions of Chapter 12.04 CMC and CMC § 17.12.050. However, any revision of an approved short plat in which the total number of lots is not increased shall not be considered a further division, and shall be approved or disapproved in the manner prescribed in this chapter and Chapter 12.04 CMC.
(Ord. 428 § 16.12.060, 1998)