The purpose of this chapter is to:
A. Regulate the subdivision of land into four or fewer lots in such a way as to promote the protection of the public’s health, safety and general welfare;
B. To ensure the orderly development of the city consistent with the comprehensive plan, zoning ordinances, and state planning statutes;
C. Establish procedures which promote the timely review of short subdivisions in the city; and
D. Enable the conveyance of land, by accurate land description, by reference to an approved short subdivision. (Ord. 1211 § 2 (part), 2007).

Any division of land for the purpose of lease, rent, sale or transfer into four or fewer lots, tracts, or parcels any one or more of which is less than five acres in area within the city shall comply with this chapter and such subdivision shall be referred to as a short subdivision; provided, that the lots or parcels in short subdivisions approved pursuant to this chapter may not be further divided in any manner for a period of five years without the filing of a final plat, except that when the short plat contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries. Contiguous common parcels shall be treated as contained in a short subdivision only for determining whether or not the division of land proposed is a subdivision, a short subdivision, or resubdivision. All permits for the development of segregated lots less than five acres in size shall be withheld until the provisions of this chapter are met. (Ord. 1211 § 2 (part), 2007).

Chapter 16.04 of this title is adopted by reference.
(Ord. 1211 § 2 (part), 2007).

Exemptions are as set forth in Chapter 16.02.
(Ord. 1211 § 2 (part), 2007).

The director of public works or their designee is the administrator of this chapter. The administrator is vested with the duty of administering the provisions of this regulation and is authorized to summarily approve or disapprove short subdivisions. The administrator may prepare and require the use of such application forms deemed essential to assure compliance with this title. (Ord. 1211 § 2 (part), 2007).

A. Any person desiring to subdivide land with the city into four or fewer parcels for the purpose of sale, rent transfer, or lease shall submit an application for short subdivision approval to the administrator. Applications for approval of short subdivision shall include a map to the scale of not less than two hundred feet but not more than fifty feet to the inch. The application shall include the following:
1. A map that includes but not limited to the following items:
a. Scale and north arrow,
b. Name of short subdivision (optional),
c. The signatures of the owner or owners and land surveyor of the land to be subdivided,
d. Locations and names of all public or private roads, utilities and community facilities;
2. A survey of the proposed short subdivision specifying all lot and road dimensions, the location of primary control points, the location of all permanent monuments, the length and bearing of all straight lines, curves, radii, arcs and semi-tangents of all curves. The survey shall be completed by a professional land surveyor registered in the state;
3. Critical area determination report, per the determination provided by the director of public works at the pre-application conference in compliance with Chapter 15.02, Critical Area Protection;
4. If the short subdivision constitutes a resubdivision, all lots, blocks, streets, and other divisions of the original subdivision shall be shown by dotted lines in the proper positions in relation to the new arrangement of the short subdivisions;
5. The short subdivisions shall be drawn in indelible ink on a sheet of mylar in accordance with the standards and specifications issued by the Cowlitz County auditor’s office at the time of submission, in order that the mylar conforms with all recording requirements of the auditor;
6. The mylar prepared for recording with the Cowlitz County auditor’s office shall contain the street address for each parcel of the short subdivision;
7. Short subdivisions including dedications shall include dedications pursuant to Chapter 16.10;
8. Short subdivisions including dedications shall be accompanied by a title report completed by a title insurance company attesting that the land to be dedicated is in fact owned by the signatories of the short subdivision; and
9. A DOE-approved stormwater permit if it is required;
10. Any other requirements set forth in the Kalama public works standards deemed necessary by the public works director including, but not limited to the following a stormwater report, traffic impact study and erosion control plan. (Ord. 1211 § 2 (part), 2007).

Developers wishing to enter into a latecomer fee agreement with the city for reimbursement for construction of water and sewer facilities must follow the process and policies referenced in Chapter 16.10. (Ord. 1211 § 2 (part), 2007).

Within fourteen days of receiving a complete short subdivision application, the administrator shall give notice of the application as set forth in KMC Chapter 15.10. (Ord. 1211 § 2 (part), 2007).

Short subdivisions shall be reviewed by the public works director, city engineer and city planner to assure dedicated streets meet city street specifications and compliance with Chapter 15.02, Critical Area Protection; by the district health officer as applicable, to assure that adequate water and sewage disposal is provided for; by the appropriate public utility district to assure adequate provisions for power, the fire district to assure fire protection and emergency vehicle ingress and egress, and by any other agency or official that the administrator deems appropriate. (Ord. 1211 § 2 (part), 2007).

A. Short subdivisions which constitute a resubdivision may be considered and approved or denied under provisions contained in this chapter.
B. If, however, the administrator deems it to serve the public interest they may require a public hearing prior to their decision. Further, the administrator may require that such short subdivision be approved or denied by the city council upon recommendation of the planning commission pursuant. (Ord. 1211 § 2 (part), 2007).

The administrator shall approve, conditionally approve, or deny the short subdivision. The applicant shall be notified of the administrator’s decision by regular mail within thirty days from the posting of notice as provided in this chapter. Such action shall be based on a determination that the proposed short subdivision does or does not satisfy the requirements of this chapter, and that the short subdivision will or will not serve the public interest, and that the short subdivision does or does not conform to the city’s development regulations, and that the lots created by the short subdivision do or do not conform to the standards of the applicable zoning district. The administrator may require conditions, restrictions or dedications to be placed on the face of the final short subdivision as are deemed appropriate. The administrator’s findings shall be in writing. The minimum standards set forth in Section 16.24.160 shall be met. (Ord. 1211 § 2 (part), 2007).

Upon notice of approval, construction of all required site improvements, and compliance will all conditions of approval, the applicant shall cause the final short subdivision plat to be drawn in indelible ink on a sheet of mylar having dimensions of eighteen inches by twenty-four inches, or approved substitute, and on a standard recorder’s plat sheet eighteen inches by twenty-five inches, with a three-inch-wide hinged binding on the left border. The scale may range from fifty feet to the inch to two hundred feet to the inch. All signatures on the mylar and recorder’s plat shall be originals. The final short subdivision plat shall show the following information:
A. Name of the short subdivision, date, north pointing arrow and scale;
B. Boundary lines of the short subdivision tract, with curves and distances marked thereon, as determined by a registered survey made by a professional land surveyor registered in the state, and determined by him to close with an error of not more than one foot in five thousand feet;
C. Lines, including centerlines, and names for all street rights-of-way, other ways, easements and areas intended for public use or granted for use of inhabitants of the short subdivision;
D. The length and bearing of all straight lines, curves, radii, arcs and tangents of curves;
E. Exact width and purpose of rights-of-way, street pavement widths and easements (utility, street, access, etc.);
F. Dimensions along each line of every lot in feet and decimals of a foot to the nearest hundredth, with the true bearings, and any other data necessary for location of any lot line in the field;
G. The parcel numbers written along the left border of the mylar parallel to the left border;
H. Primary control points and all permanent monuments found or established in accordance with this chapter, with the descriptions and ties to such control points and to which all dimensions, angles, bearings and similar data given on the short plat shall be referred;
I. Section and donation land claim lines within and adjacent to the subdivision;
J. The front yard setback line for every lot in accordance with the zoning ordinance;
K. The names of all subdivisions immediately adjacent to the short subdivision;
L. A metes and bounds legal description of the subdivided tract;
M. All dedications of land shown clearly and precisely on the face of the short plat;
N. All open space, facilities and improvements reserved for use of the short subdivision residents and restrictions on their use shown clearly and precisely on the face of the short plat;
O. Statement of the covenants restricting use of short subdivision property or reference to the volume and page where recorded separately;
P. If applicable, reference points to base flood elevations with the base flood elevation listed;
Q. The street address of each parcel lot and lot numbers as correspond with those on the construction drawings of the short subdivision;
R. Dedication, Acknowledgement and Endorsement. The following information shall appear on the final plat, mylar and recorder’s plat sheet, lettered and signed in indelible ink:

1. Know all men by these presents _________, the undersigned, as the owner(s) in fee simple of the land hereby subdivided, hereby declare(s) this subdivision and dedicate(s) to the use of public forever, all streets and easements of whatever public property there is shown on the plat and the use thereof for any and all public purposes; also the right to make all necessary slopes for cuts or fills upon the lots, blocks, tracts, etc., shown on this short plat in the reasonable original grading of all streets, shown hereon.

IN WITNESS WHEREOF, we have hereunto set our hand(s) and seal(s) this _____ day of __________, 20_____.

(Signed)_________________________

_________________________

_________________________

2. STATE OF WASHINGTON )

) ss

COWLITZ COUNTY )

THIS IS TO CERTIFY THAT on the _____ day of __________ 20_____ before me, the undersigned, a Notary Public, personally appeared _______________, to me known to be the person(s) who executed the foregoing dedication and acknowledged to me that _____ (he/she/they) signed and sealed the same as _____ (his/her/their) free and voluntary act and deed for the uses and purposes therein mentioned.

WITNESS my hand and official seal the day and year last above written.

_________________________

NOTARY PUBLIC in and for the State of Washington, residing at_________________________

3. I HEREBY CERTIFY THAT the short subdivision of __________ is based on actual survey and short subdivision of Section _____, Township __________ North, Range _____, W.M., that the distances and courses and angles are shown thereon correctly; that property monuments have been set and lot and block corners staked on the ground.

_________________________(Seal)

Professional Land Surveyor

4. I HEREBY CERTIFY THAT the taxes on the land described hereon have been paid to date, including the year _____.

DATED:_______________

(Signed)_________________________

Cowlitz County Treasurer

(Signed)_________________________

Deputy Treasurer

5. EXAMINED AND APPROVED this _____ day of __________, 20_____.

(Signed)_________________________

Director of Public Works

6. Filed for record at the request of _______________ this _____ day of __________, 20_____, at _____ minutes past _____, and recorded in Volume _____, of Plats on page _____, Records of Cowlitz County, Washington.

(Signed)_________________________

Cowlitz County Auditor

(Signed)_________________________

Deputy Auditor

7. On short subdivisions only, the face of all short plats shall bear the following statement:

Land within this short subdivision shall not be further divided for a period of five years unless a final plat is filed pursuant to the city of Kalama subdivision code and RCW 58.17.
(Ord. 1211 § 2 (part), 2007).

Signatures required by Section 16.10.110 above for dedications, acknowledgments and endorsements shall be in the following sequence:
A. The owners in fee simple;
B. Notary public in and for the state;
C. Professional land surveyor registered in the state;
D. Cowlitz county treasurer;
E. Director of public works;
F. Cowlitz county auditor.
(Ord. 1211 § 2 (part), 2007).

Each short subdivision shall be filed by the director of public works with the county auditor and shall not be deemed approved until so filed. A copy of an approved short subdivision shall be submitted to the county assessor and the city. The applicant shall pay the filing and copying fee to the city clerk-treasurer prior to at the time of filing. If the short subdivision is not recorded within five years of the date of preliminary short plat approval, the short plat shall become null and void. Upon written request by the developer prior to the expiration date, the administrator may grant one extension of not more than one year. (Ord. 1211 § 2 (part), 2007).

Monuments shall be located at all controlling corners on the boundaries of the short subdivision, and at each corner of each lot within the short subdivision, and shall be marked by three-quarter-inch galvanized iron, or approved equivalent, monument driven into the ground. If the short subdivision included a road dedication, monuments shall be placed as required by the director of public works. (Ord. 1211 § 2 (part), 2007).

A. No subdivision or short subdivision shall be approved unless the administrator makes written findings that adequate provision has been made for sanitary wastes, and stormwater drainage. On-site sewage systems are prohibited, with the exception of those alternative systems allowed under the exception process in Chapter 12.04 KMC.
B. No subdivision or short subdivision shall be approved unless the administrator makes a written finding that adequate provision has been made for potable water supplies.
C. Cul-de-sacs and dead-end streets shall be developed in accordance with Chapter 16.10 and the public works standards.
D. Streets, curbs and sidewalks shall be constructed as required pursuant to Section 16.10.060 and the public works standards. If the new road will be dedicated to the public, the dedication required shall appear on the face of the plat.
E. All lots shall abut an improved public street and meet minimum frontage requirements.
F. Where possible, all utilities shall be placed underground and all utility installation shall comply with Section 16.10.080.
G. The significant tree standards set forth in Section 16.10.140(C) shall apply to short subdivisions.
H. Sections 16.10.090, 16.10.100, 16.10.160 and 16.10.170 may be applied to short subdivisions, at the city’s discretion. (Ord. 1211 § 2 (part), 2007).

Any lot of a proposed subdivision must be served by city water and sanitary sewer services, with the exception of those lots for which an exception has been granted under Chapter 12.04 KMC. No permanent electrical hook-up or permanent city water service shall be furnished to any dwelling and/or structure in any short subdivision which has not been approved pursuant to the terms of this chapter. Fire flow shall be achieved as outlined in the Kalama public works standards. (Ord. 1211 § 2 (part), 2007).

The procedure outlined in Chapter 16.10 for modifications to adopted standards may be used for short subdivisions, provided that any variances or modifications from Title 17 require a public hearing and approval by the hearing examiner in accordance with Title 17. (Ord. 1211 § 2 (part), 2007).

A. These regulations shall not be construed as affecting the liability of any person or as waiving the right of the city under any provisions existing at the time of adoption of these regulations, or as annulling any right obtained by any person by lawful action of the city under provisions existing at the time of adoption of these regulations.
B. If any part of these regulations or applications thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction, such judgment shall not impair the validity of the remainder of these regulations. (Ord. 1211 § 2 (part), 2007).