From WA Code
"...PROVIDED, That such regulations must contain a requirement that 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..."
Question:
Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?
Of interest to the discussion would be the definition of a "final plat"...
"'Final plat' is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter."
(The context is a city, but their code mirrors the state code.)
My answer is, "Yes!"
The code (to me) clearly is allowing further subdivision that is subject to the full platting process, full review, and approval by the legislative body of that jurisdiction (or however approval has been delegated by them). It seems the only logical explanation for the exception.
Someone tell me how I am wrong.
"Short Plat" and "Short Subdivision" being a terminology unique to the State of Washington. It means a subdivision of no more than eight lots (by state law, individual counties and cities may restrict that number further). It is subject to much less regulatory review and utility development than a larger "full subdivision".
Some additional background. We had some push back from a planner about our plans. And, to be fair, this is a very rare set of facts.
Various counties in North Carolina have 'Minor' and 'Major' subdivisions. Definitions vary, but sounds like it's the same type of thing. Many have the same requirement that once some number of subdivisions has been completed on a single parent parcel, all following subdivisions must be treated as major, even if they could otherwise be classified as minor.
From WA Code
"...PROVIDED, That such regulations must contain a requirement that 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..."
Question:
Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?
NO. The Short Plat process is a simpler platting process that lacks many of the requirements of a the full platting process. As I recall, a Short Plat can still be accomplished using entirely record info.
"may not be further divided in any manner within a period of five years" means just what it says. Go no further unless you take that entire Short Plat and resubmit it "filing of a final plat..." of the whole division accomplished in the Short Plat, subjecting that division to the full process and requirements of the full platting process.
I believe if truly following the verbiage from the state code, then yes, I agree with your synopsis, but a lot of municipalities (at least near me) have added additional verbiage that makes it clear no further subdivision is allowed within 5 years, period.
Wave some money in their faces (not bribery, new fees!) and see what exceptions might be made.
I hate it when they make you put regulatory verbiage on a record plat that will be violated and become meaningless in a few months.
Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?
Yes, that is the precise intent of the code.
As I recall, a Short Plat can still be accomplished using entirely record info.
That is incorrect. A plat is a survey, which requires a boundary survey and most likely some sort of topographic survey.
Given that you have just completed a short subdivision, can you immediately turn around and plat one of the resulting lots using the (full) platting process?
Yes, that is the precise intent of the code.
As I recall, a Short Plat can still be accomplished using entirely record info.
That is incorrect. A plat is a survey, which requires a boundary survey and most likely some sort of topographic survey.
FWIW, the land use attorney we consulted agrees with WA-ID Surveyor...no one ever thought it wasn't possible until the other day. We thought the language was so obvious, but there does appear to be at least some ambiguity.
