HomeMy WebLinkAboutord2009-007 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-404A
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator:
1 / 13 / 09 P &D / Council
David Stalheim
I U ' C ii i-
. V ! JJ 1 / 27 / 09 P &D / Council
Division Head: f-
Dept. Head: '''� / ,
David Stalheim ` l 4 1%2 2 / 10 / 09 P &D /.Council - A
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Prosecutor: e -- .2 ---0 JAN 6 2 09
WHATCOM COUNTY
Purchasing/Budget:
COUNCIL
Executive: 9 4 1 6 ...(97
TITLE OF DOCUMENT: 11
ORDINANCE AMENDING TITLE 21 , LAND DIVISION REGULATIONS.
ATTACHMENTS:
(1) Memo
(2) Proposed Ordinance
SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( x ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
ORDINANCE AMENDING TITLE 21 , LAND DIVISION REGULATIONS REGARDING GENERAL PROVISIONS,
EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT SUBDIVISIONS, PRELIMINARY LONG
SUBDIVISIONS, FINAL LONG SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS .
COMMITTEE ACTION: COUNCIL ACTION: . . .
1 / 13 / 2009 : Forwarded to Council with 1 / 13 / 2009 : Held to January 27 , 2009
alternative one language on packet page 350 1 / 27 / 2009 : Held in Committee
plus amendments 2 / 10 / 2009 : Council Amended & Adopted 6 - 0
1 / 27 / 2009 : Held in committee for two weeks Kelly absent Ord . 2009 -007
2 / 10 / 2009 : Amended and held in committee for
two weeks
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2009 -007
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County 's website at: www. co. whatcom. wa. us/council.
SPONSORED BY : Consent
PROPOSED BY: PDS
INTRODUCTION DATE : 1 / 13 / 09
ORDINANCE NO. 2009 -007
AMENDING TITLE 21 , LAND DIVISION REGULATIONS REGARDING GENERAL PROVISIONS ,
EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS , SHORT SUBDIVISIONS ,
P RELIMINARY LONG SUBDIVISIONS , FINAL LONG SUBDIVISIONS , SURVEYS AND
D EDICATIONS , AND DEFINITIONS .
WHEREAS , the Whatcom County Council requested review of Title 21 with the adoption of
the 2007-2008 budget; and
WHEREAS , Planning and Development Services staff have undertaken a review of land
division procedures conducted in Whatcom County; and
WHEREAS , the amendments to the land division ordinance are procedural amendments
that do not change development standards applicable to any land division in Whatcom County; and
WHEREAS , the County Council has adopted the following Findings and Conclusions :
FINDINGS OF FACT AND CONCLUSIONS
1 . The amendments are exempt from review under the State Environmental Policy Act
pursuant to WAC 197- 11 -800( 19)
2 . Notice of the proposed amendments was circulated to those expressing an interest in the
proposed amendments prior to public hearing . Several opportunities were provided to review a
preliminary draft of the proposed amendments prior to consideration by the Whatcom County
P lanning Commission .
3 . Notice of the public hearing was provided in the Bellingham Herald at least ten days prior
to the hearing .
4 . The Whatcom County Planning Commission conducted a public hearing to consider the
proposed amendments on November 13 , 2008 and recommended approval to, the Whatcom County
Council regarding the proposed amendments .
5 . Notice of the proposed amendments was provided to Washington State Department of
Community, Trade and Economic Development (CTED ) . CTED acknowledged receipt of the
proposed amendments on February 29 , 2008 .
Page 1
6 . A copy of the proposed amendments was provided to all cities within Whatcom County.
N o comments were received from cities regarding the amendments .
7 . The amendments are consistent with RCW 58 . 17 , Plats — subdivisions — dedications .
8 . A public hearing on the proposed amendments was held by the Whatcom County Council
on December 9 , 2008 .
N OW, THEREFORE , BE IT ORDAINED by the Whatcom County Council that:
Section 1 : Title 21 is amended as indicated in Exhibit 1 of this ordinance .
ADOPTED this 10th day of February , 2009 .
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APPROVED as to form Approved ( ) Denie •
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Mil i Depputtyy P� sef tutor Pete Kremen , County Executive
Date : J- 1°)
Page 2
EXHIBIT 1
TITLE 21 , LAND DIVISION AMENDMENTS
Code Reviser and Reader Notes :
The attached exhibit amends Chapters 1 , 2 , 3 , 9 and 10 of Title 21 , Land Division
Regulations . Amendments to these chapters are shown by underline for new text
added , and strikeout for text deleted .
The attached exhibit repeals Chapter 4 , 5 and 6 of Title 21 , Land Division Regulations
and replaces them as written in the ordinance .
Chapters 7 , 8 , and 11 of Title 21 , Land Division Regulations remain in full force and
effect.
Exhibit 1 - Land Division Ordinance
February 10 , 2009
Chapter 21 . 01
GENERAL PROVISIONS
21 . 01 .010 Title.
This title shall be known and may be cited as the Whatcom County Land Division
Regulations .
21 .01 . 020 Purpose.
The purpose of this title is :
( 1 ) To promote the public health , safety, and general welfare , and to protect natural
resources and the environment.
(2) To provide for proper application of Chapter 58 . 17 RCW.
(3) To facilitate efficient and cost-effective land division and to ensure orderly growth
and development consistent with the Whatcom County Comprehensive Plan and
the Whatcom County Code .
(4) To establish an orderly transition from existing land uses to urban development
patterns in designated urban growth areas .
21 . 01 . 030 Authority.
This title is authorized pursuant to the authority delegated to Whatcom County under
Chapter 58 . 17 RCW, Plats — Subdivisions — Dedications .
21 .01 . 040 Applicability and Exemptions .
( 1 )This title shall apply to property boundary actions as defined in this Title .
(2)The subdivision and short subdivision provisions of this title shall not apply to :
(a) Cemeteries and other burial plots while used for that purpose ;
(b) Divisions of land into lots or tracts none of which are smaller than 20 acres or
1 /32 of a section of land and not containing a dedication provided that a
certificate of exempt land division is obtained from Whatcom County in
accordance with this Title .
(c) Divisions made by testamentary provisions , or the laws of descent;
(d ) Divisions of land into lots or tracts classified for industrial or commercial use
when Whatcom County has approved a binding site plan for the use of the
land in accordance with this Title ;
(e) A division for the purpose of lease when no residential structure other than
mobile homes or travel trailers are permitted to be placed upon the land when
Whatcom County has approved a binding site plan for the use of the land ;
(f) A division made for the purpose of alteration by adjusting boundary lines ,
between platted or unpiatted lots or both , which does not create any
additional lot, tract, parcel , site , or division nor create any lot, tract, parcel ,
site , or division which contains insufficient area and dimension to meet
2
Exhibit 1 - Land Division Ordinance
February 10 , 2009
minimum requirements for width and area for a building site in accordance
with the provisions of this Title ;
(g) Divisions of land into lots or tracts pursuant to RCW 58 . 17 . 040(7) ,
condominiums when Whatcom County has approved a binding site plan in
accordance with the provisions of this Title ;
( h) A division for the purpose of leasing land for facilities providing personal
wireless services while used for that purpose . " Personal wireless services"
means any federally licensed personal wireless service . " Facilities" means
unstaffed facilities that are used for the transmission or reception , or both , of
wireless communication services including , but not necessarily limited to ,
antenna arrays , transmission cables , equipment shelters , and support
structures ;
( i) A division of land into lots or tracts of less than three acres that is recorded in
accordance with chapter 58 . 09 RCW and is used or to be used for the
purpose of establishing a site for construction and operation of consumer-
owned or investor-owned electric utility facilities . For purposes of this
subsection , "electric utility facilities" means unstaffed facilities , except for the
presence of security personnel , that are used for or in connection with or to
facilitate the transmission , distribution , sale , or furnishing of electricity
including , but not limited to , electric power substations . This subsection does
not exempt a division of land from the zoning and permitting laws and
regulations of cities , towns , counties , and municipal corporations .
Furthermore , this subsection only applies to electric utility facilities that will be
placed into service to meet the electrical needs of a utility's existing and new
customers . New customers are defined as electric service locations not
already in existence as of the date that electric utility facilities subject to the
provisions of this subsection are planned and constructed .
(j ) Agricultural Lease . Divisions made for. the purpose of lease for agricultural
uses , provided that each such leased parcel is a minimum of five acres or
1 /128 of a section of land . The remaining portion of the parcel shall also be a
minimum of five acres or 1 /128 of a section of land . This exemption
authorizes leasing the parcel but shall not authorize the sale of the parcel .
(k) Environmental Mitigation . Divisions of land for environmental mitigation ,
conservation or restoration ; provided , that all of the following conditions are
met
(i) All lots are a minimum of five acres or 1 /128 of a section of land .
(ii) Except as provided in subsection (k) (iii) of this section , all lots shall be
used exclusively for:
( 1 ) Environmental mitigation required under local , state or federal law; or
(2) Environmental conservation or restoration when a nonprofit nature
conservancy corporation or association as defined by RCW 84 . 34 . 250
or public agency will own the lots .
(iii) If residential , commercial , or industrial buildings already exist, then one lot
containing these buildings shall be created . This one lot shall not be
subject to the requirements of subsection (k) (iv) of this section .
3
Exhibit 1 - Land Division Ordinance
February 10 , 2009
(iv) A permanent covenant acceptable to the director of planning and
development services shall be recorded against each lot, except as
provided in subsection (k) ( iii) of this section . This covenant shall state the
following :
( 1 ) The lot shall be used exclusively for environmental mitigation ,
conservation or restoration .
(2) The lot shall not be further divided .
(3) New structures not necessary for environmental mitigation ,
conservation or restoration including residential , commercial and
industrial development shall be prohibited .
(4) After recording , if the original purposes underlying the covenant can no
longer be fulfilled and changed conditions warrant, the covenant may
be revised with the consent of the County Council , consistent with then
applicable policies and regulations .
(v) A legal description of the parcels created for environmental mitigation ,
conservation or restoration , prepared by a surveyor, shall be submitted to
the planning and development services department for final approval and
recordation .
(vi) Legal ingress and egress access of record is provided to the lots created
by the exemption and verified by Whatcom County engineering . All access
points to public roads shall be approved by the Whatcom County Engineer
or designee .
(3)The following rules shall govern questions of precise applicability of these
regulations to land divisions :
(a) Contiguous parcels :
All contiguous parcels of land in the same ownership shall be included within
the boundaries of any proposed long or short subdivision of any of the
properties . For the purpose of this section , the lots so situated shall be
considered as one parcel ; provided , that any of the contiguous parcels that
are within a recorded long or short plat that was filed with the county auditor
at least five years prior to the new land division shall not be required to be
included if the lot or lots are in conformance with the applicable zoning
standards .
(b) Pre- 1972 parcels :
Parcels of land legally divided prior to the effective date of the ordinance
codified in this title (as originally adopted February 3 , 1972) shall be
considered in accordance with land division laws and resolutions applicable at
the time of plat recording per RCW 58 . 17 . 170 or other division .
21 .01 .050 Interpretation , conflict and severability.
( 1 ) Minimal Interpretation :
In their interpretation and application , the provisions of this title shall be held to
be the minimum requirements .
(2) Interpret to protect public welfare :
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Exhibit 1 - Land Division Ordinance
February 10, 2009
In the event of any discrepancies between the requirements established herein
and those contained in any other applicable regulation , code or program , the
regulations which are more protective of the public health , safety and welfare
shall apply.
(3) Severability:
The provisions of this title are severable . If a section , sentence , clause , or phrase
of this title is adjudged by a court of competent jurisdiction to be invalid , the
decision shall not affect the remaining portions of this title .
21 . 01 .060 Enforcement and penalties .
Enforcement and penalties shall be applied pursuant to Chapter 21 A 1 WCC .
21 . 01 .070 Fees.
All application , appeal , or other fees associated with this title shall be as set forth in the
Whatcom County Unified Fee Schedule .
21 . 01 .080 Administrative responsibilities .
( 1 ) The director of the planning and development services department, or designee ,
(hereinafter referred to as "director or Subdivision Administrator") is designated as the
official responsible for administering the provisions of these land division regulations .
(2) The Whatcom County Planning and Development Services Department shall act
as a coordinating agent to ensure that the regulatory process is expeditious and shall
recognize input provided by other officials , departments and divisions having
appropriate expertise including , but not limited to the :
(a) Whatcom County SEPA official for environmental analysis ;
(b) Whatcom County engineering for survey, monumentation , engineering
design , road , stormwater management, drainage and utility improvements ,
and the form of plats and binding site plans ;
(c) Whatcom County fire marshal for fire-related issues ; and
(d ) Whatcom County health and human services department for water supply
and waste disposal .
21 .01 .090 Pre-application Meeting .
( 1 ) Meeting required when :
For the purpose of expediting applications and reducing land division and site
plan design and development costs , a pre-application meeting in accordance
with the requirements of WCC 2 . 33 is required for all applications under this Title
except for Boundary Line Adjustments and Exempt Land Divisions covered by
Chapter 21 . 03 .
(2) City Participation ;
Whatcom County planning and development services staff shall invite the
appropriate city to the pre-application meeting if the proposed land division is
located within that city's urban growth area . Invitation to the pre-application
meeting for a short plat or preliminary plat adjacent to or within one mile of the
5
Exhibit 1 - Land Division Ordinance
February 10, 2009
municipal boundaries of a city, or which contemplates the use of any city utilities
shall also be given .
21 .01 . 100 Applications Required .
( 1 ) The applicant is encouraged to seek assistance from the Subdivision Administrator
as to which approvals are required for a particular proposal . One or more of the
following applications may be required for a particular proposal :
(a) Exempt land division ;
(b) Boundary line (lot line) adjustment;
(c) Short subdivision ;
(d ) Preliminary long subdivision ;
(e) Final long subdivision ;
(f) Subdivision vacations and alterations ;
(g) Preliminary binding site plan ;
( h) General binding site plan ;
( i) Specific binding site plan ;
(j) Agricultural short plat .
21 . 01 . 105 Consolidated application process .
The applicant may request consolidated permit review in accordance with the
requirements of WCC 2 . 33 .
21 .01 . 110 Complete application .
All applications for subdivisions , binding site plans , short subdivisions , boundary line
adjustments and other boundary actions covered by this title shall be reviewed for
completeness in accordance with WCC 2 . 33 .
21 . 01 . 120 Time frames .
Applications shall be processed within the time frames stipulated in Chapter 2 . 33 WCC .
21 . 01 . 130 Underground utilities .
All on-site utilities that serve individual lots within a short subdivision , long subdivision or
binding site plan shall be placed underground , unless the supplier of the service
provides written documentation that underground installation is determined to be
infeasible by development of specific findings , or the county requests above-ground
utilities because of environmental constraints .
21 . 01 . 140 Regulatory authority for development standards .
Administrative and technical requirements for implementing these regulations shall be
contained in the Whatcom County Development Standards adopted pursuant to WCC
12 . 08 .
21 . 01 . 160 City urban growth areas .
City development standards shall be addressed , in accordance with adopted
ordinances , for land divisions located within a city's urban growth area .
6
Exhibit 1 - Land Division Ordinance
February 10, 2009
21 .01 . 170 Hearing Examiner consultation with technical advisory committee .
The Hearing Examiner may choose to consult with the Technical Advisory Committee
concerning technical matters relating to land division applications .
7
Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 02
VARIANCES , APPEALS
AND AMENDMENTS
21 . 02 .010 Variances .
The Hearing Examiner, or in the case of short subdivisions , the Technical Review
Committee , shall have authority to grant a variance from the provisions of this title when
they have found the conditions set forth below to exist. In such cases , a variance may
be granted which is in harmony with the general purpose and intent of this title so that
the intent of this title shall be observed , and public health , safety and welfare secured .
A variance may be granted only when all of the following circumstances listed in either
criteria set ( 1 ) or criteria set (2) below are found to apply. Applicants shall specify which
criteria set they are proposing to qualify for a variance under and shall provide
information to the county demonstrating compliance with that criteria set before a
variance may be granted .
( 1 ) Variance to alleviate unnecessary hardship ;
(a) Any variance granted shall not constitute a grant of special privilege , be
based upon reasons of hardship caused by previous actions of the property
owner, nor be granted for financial reasons alone .
(b) The strict application of these regulations would cause a hardship because of
special circumstances applicable to the subject property, including size ,
shape , topography, environmental constraints or location . Aesthetic
considerations or design preferences without reference to restrictions based
upon the physical characteristics of the property do not constitute sufficient
hardship under this section .
(c) The granting of the variance will not be detrimental to the public health ,
safety, or welfare or injurious to other property.
(2) Variance to achieve better design :
(a) Any variance granted shall not constitute a grant of special privilege or be
based upon reasons of hardship caused by previous actions of the property
owner, nor be granted for financial reasons alone .
(b)The granting of the variance results in better lot design than would be
permitted under the standard regulations . Better lot design is defined as
meaning such items as more practical site design because of topography,
wetland or other environmental constraints , or the lot design will result in lots
nearer to conformance to required development standards or applicable
Comprehensive Plan goals and policies including those relating to urban
growth areas .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(c) The granting of any variance will not be unduly detrimental to the public
welfare nor injurious to the property or improvements in the vicinity and
subarea in which the subject property is located .
(d ) In granting variances and modifications , the Hearing Examiner or technical
review committee , as appropriate , may require such conditions as will in its
judgment secure substantially the objectives of the requirements so varied .
(3) A decision on a variance application by the Technical Review Committee or by
the Hearing Examiner shall be accompanied by specific written findings
addressing each of the applicable criteria .
21 .02 .020 Notification of cities .
Notice of a hearing or Technical Review Committee meeting for variances shall be
provided to the appropriate city, if the land division is located within that city's urban
growth area .
21 .02 .030 Appeals .
( 1 ) Any final order, requirement, permit decision or determination issued by
Whatcom County shall include a notice to the applicant of his or her appeal
rights .
(2)The Hearing Examiner shall have the authority to create a record , hear and
decide , in conformity with this title , appeals from any order, requirement, permit
decision or determination made by an administrative official or committee in the
administration or enforcement of this title . Such appeal shall be filed in writing
within 14 calendar days of the action being appealed at the Planning and
Development Services Department. The appeal shall follow all rules and
procedures for appeals to the Hearing Examiner as set forth in Chapter 20 . 92
WCC .
(3) Within 10 calendar days of its issuance , any party of record may appeal a
decision of the Hearing Examiner to the County Council . The Examiner's
decision may be overturned by a simple majority of the Council if it is found that
the Examiner's decision is based upon an error of law or is clearly erroneous
based on the entire record . The appeal shall follow all rules and procedures for
appeals to the County Council as set forth in Chapter 20 . 92 WCC .
(4) Appeals related to development standards shall be made to the technical
advisory committee as required by WCC 12 . 08 . 035 ( 1 ) .
21 . 02 . 040 Amendments — Advance notice.
Notice of the time , place and purpose of any public hearing regarding the amendment,
adoption or repeal of an ordinance adopted pursuant to Chapter 58 . 17 RCW shall be
given by at least one publication in a newspaper of general circulation in Whatcom
County at least 10 calendar days before the hearing . Advance notification shall also be
provided. by mail to individuals or organizations that have submitted requests for notice
at least 10 calendar days prior to the hearing .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 03
EXEMPT LAND DIVISIONS AND BOUNDARY
LINE ADJUSTMENTS
21 . 03 .010 Purpose.
The purpose of this chapter is to establish or reference the procedure and requirements
for the application , review and approval of exempt land divisions pursuant to WCC
21 . 01 . 040 and boundary line adjustments . The procedure is intended to provide orderly
and expeditious processing of such applications .
21 . 03 . 030 Pre-approval .
Applicants may request that their proposed exempt land division be reviewed by the
Subdivision Administrator and pre-approved using forms supplied by the planning and
development services department.
21 .03 . 040 Certificate of exemption .
( 1 ) A certificate of exempt land division shall be obtained from the planning and
development services department for exempt land divisions under WCC
21 . 01 . 040 (2) (b) and (k) . A certificate of exempt land division shall consist of a
suitably inscribed stamp on the instrument conveying land title and shall be
certified prior to the recording of the instrument with the county auditor. County
review and/or a county certificate of exemption stamp shall not be required for
21 . 01 . 040 (2) (a) and (c-j) .
(2) A certificate of exempt land division shall be approved , approved with conditions ,
or denied as follows :
(a) Applications shall include information required by WCC 21 . 03 . 085 .
(b) The exempt land division results in a lot(s) that qualify as a valid land use
pursuant to Whatcom County Code , including but not limited to lot area , lot
width , building setbacks , critical areas protection or shorelines protection .
(c) The exempt land division will not detrimentally affect access , access design ,
sight distance , grade , road geometry or other public safety and welfare
concerns .
(3) An exempt land division is not considered approved until said instrument has
been duly stamped as exempt and is filed for record concurrently with all
applicable disclosures of WCC 21 . 03 . 045 within twelve months of pre-approval .
Failure to record within twelve months of pre-approval means the exempt land
division application is expired and must be resubmitted for review and approval .
The time periods of this section do not include the time during which the exempt
land division was not actually pursued due to the pendency of administrative
appeals or legal actions or due to the need to obtain any other government
permits and approvals for the development that authorize the development to
proceed , including all reasonably related administrative or legal actions on any
such permits or approvals .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
21 . 03 .045 Required disclosures .
The following disclosures , if applicable , shall be recorded in the county auditor's office
and shall be filed concurrently with all conveyances of property subject to this title :
( 1 ) Right to farm , right to practice forestry, mineral resource disclosures .
(2) Boundary discrepancies .
(3) Protective covenants , conditions and restrictions .
(4) Latecomers' agreements .
(5) Significant pipeline in vicinity disclosure when the subject property is within 660
feet of a pipeline shown on Map 12 , Chapter 5 of the Whatcom County
Comprehensive Plan .
21 .03 . 050 Access on state highways .
For parcels that will access onto a state highway, the applicant shall provide evidence of
an approved access from the State Department of Transportation prior to approval of
the exempt land division .
21 .03.060 Boundary line adjustments .
The purpose of this section is to provide procedures for the review and approval of
adjustments or alterations to boundary lines of existing lots which does not create any
additional lot, tract, parcel , site or division nor create any lot, tract, parcel , site or division
which contains insufficient area and dimension to meet minimum requirements for width
and area for a building site .
( 1 ) Procedures . Boundary line adjustments shall be approved , approved with
conditions , or denied as follows :
a . Applications shall include information required by WCC 21 . 03 . 085 .
b . Any adjustment of boundary lines must be approved by the Subdivision
Administrator prior to the transfer of property ownership between adjacent
lots .
c. The Subdivision Administrator shall make a preliminary written decision on
boundary line adjustment applications within 45 days following submittal of a
complete application or revision , unless the applicant consents to an
extension of such time period .
d . A title insurance certificate updated not more than sixty (60) days prior to
application , which includes all parcels within the adjustment, must be
submitted to the Subdivision Administrator with boundary line adjustment
applications .
e . All persons having an ownership interest within the boundary line adjustment,
as shown in the title insurance certificate , shall sign the final recording
document in the presence of a notary public.
(2) Final approval and recording required . To finalize an approved boundary line
adjustment, the applicant must submit to the Subdivision Administrator within one
year of preliminary approval final review documents meeting the requirements of
approval .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
a . All persons having an ownership interest within the boundary line adjustment,
as noted in the title insurance certificate, shall sign the final recording
document in the presence of a notary public.
b . Certified legal descriptions of the area to be conveyed and of the lots after the
boundary line adjustment, shall be prepared by a title company or licensed
surveyor for all lots affected by the boundary line adjustment, together with
conveyance document(s) and language clearly binding the property which is
conveyed to the remainder portion of the property.
c. A title insurance certificate updated not more than sixty days prior to
recording of the adjustment, which includes all parcels within the adjustment,
submitted to the Subdivision Administrator with boundary line adjustment final
review documents .
d . A final boundary line map , prepared by a licensed surveyor, along with legal
descriptions shall be prepared and submitted for review and approval . Two
map copies shall be provided for review demonstrating compliance with the
preliminary boundary line adjustment approval .
e . A boundary line adjustment is not considered approved until the conveyance
documents have been duly stamped as exempt and is filed for record
concurrently with all applicable disclosures of WCC 21 . 03 . 045 within twelve
months of approval of final documents . Failure to record within twelve
months of approval means the boundary line adjustment application is
expired and must be resubmitted for review and approval . The time periods
of this section do not include the time during which the boundary line
adjustment was not actually pursued due to the pendency of administrative
appeals or legal actions or due to the need to obtain any other government
permits and approvals for the development that authorize the development to
proceed , including all reasonably related administrative or legal actions on
any such permits or approvals .
21 .03 . 070 Inactive applications .
An applicant may place an exempt land division or boundary line adjustment
application , which has not yet received preliminary approval , on hold for a cumulative
maximum of 180 days . This 180 day period shall not include time the applicant is
performing studies required by the county when the study is provided within the time
frame agreed to by the county and the applicant. Applications which fail to meet these
time limits will be considered expired and void . The time periods of this chapter do not
include the time during which the exempt land division was not actually pursued due to
the pendency of administrative appeals or legal actions or due to the need to obtain any
other government permits and approvals for the development that authorize the
development to proceed , including all reasonably related administrative or legal actions
on any such permits or approvals .
21 . 03 .080 Requirements for a fully completed exempt land division application .
The following , and any other information on a form prescribed by the Subdivision
Administrator, is required for a complete application for exempt land divisions under
WCC 21 . 01 . 040 (2) (b) and (k) .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
( 1 ) Written Data and Fees .
(a) Name , address and phone number of land owner, applicant, and contact
person .
(b) Intended uses .
(c) A current title report or update of title report issued no more than 60 calendar
days prior to application .
(d ) Assessor's parcel number (of the parent parcel) .
(e) Fees as specified in the Unified Fee Schedule .
(f) Signature of all owners as shown on Title report , and authorization for any
agent to act on behalf of owners .
(2) Map Data .
(a) Name of land owner.
(b) Name of proposed land division ( if an original drawing is prepared ) .
(c) General layout of proposed land division .
(d ) Common language description of the general location of the land division .
(e) Approximate location and names of existing roads identified as either public
or private .
(f) Vicinity map .
(g ) Common engineering map scale/north arrow/sheet numbers (on each sheet
containing a map) .
( h) Section , township , range , and municipal and county lines in the vicinity.
( i) General boundaries of the site with general dimensions shown .
(j) Legal description of the land .
21 .03 . 085 Requirements for a fully completed Boundary Line Adjustment
application
The following , and any other information on a form prescribed by the Subdivision
Administrator, . is required for a complete . application .
( 1 ) Written Data and Fees .
(a) Name , address and phone number of land owner, applicant , and contact
person .
(b) Intended uses .
(c) A current title report or update of title report issued no more than 60 calendar
days prior to application .
(d ) Assessor's parcel numbers of existing parcels .
(e) Fees as specified in the Unified Fee Schedule .
(f) Signature of all owners as shown on Title report, and authorization for any
agent to act on behalf of owners .
(2) Map Data .
(a) . Names of land owners .
(b) Name of proposed Boundary Adjustment.
(c) Common language description of the general location of the land division .
(d ) Map at a common engineering scale of boundaries of existing parcels that are
contributing to or receiving land from the proposed adjustment.
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(e) Approximate location and labeling of any disputed or undetermined property
lines proposing to be resolved by the adjustment
(f) Clear depiction of property lines proposed for adjustment which identifies
existing property lines and proposed property lines .
(g) Legal description and area of original parcels .
(h) Legal description and area of proposed adjusted parcels .
(i) Approximate location and names of existing roads identified as either public or
private .
(j ) Approximate location of existing buildings and existing on-site septic systems .
(k) Approximate locations of existing utilities and infrastructure .
(I) Vicinity map .
(m ) Common engineering map scale/north arrow/sheet numbers (on each sheet
containing a map) .
(n) Section , township , range , and municipal and county lines in the vicinity.
(o) General boundaries of the site with general dimensions shown .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 04
SHORT SUBDIVISIONS
Code Reviser Note : Repeal Chapter 21 . 04 , Short Subdivisions and replace as set forth
below.
21 .04. 010 Purpose
The purpose of this chapter is to establish or reference the procedure and requirements
for the application , review and approval of short subdivisions .
21 . 04.031 Pre-application Meeting
( 1 ) Pre-application Meeting Required :
Any person contemplating preparation of a preliminary short subdivision
application shall submit information required for a Pre-application Meeting as
provided in 21 . 01 . 090 and 2 . 33 : A pre-application meeting shall also be required
for any alteration of an existing short subdivision unless waived by the
Subdivision Administrator.
(2) Pre-application Submittal Information :
An applicant shall provide the following information in order to assist the
applicant and Whatcom County in review of the proposed short subdivision .
(a) Written and Other Data and Fees .
(i) Name , address and phone number of owner(s) , applicant, and contact
person .
(ii) Intended uses .
(iii) List of variances and waivers requested .
(iv) General written proposal of water supply and sewage disposal method .
(v) Proposed means of stormwater control .
(vii) Assessor's parcel number (of the parent parcel)
(viii) Fees as specified in the Unified Fee Schedule .
(xi) Net and gross lot size to determine minimum lot size and density
requirements as required by the Zoning Ordinance .
(b) Map Data .
(i) Name of owner(s) .
(ii) Name of proposed land division .
(iii) General layout of proposed land division .
(iv) Common language description of the general location of the land
division .
(v) Approximate locations of existing roads , utilities , and infrastructure .
(vi) Vicinity map .
(vii) Short plat map with a common engineering scale with north arrow and
sheet numbers (on each sheet containing a map) .
(viii) Section , township , range and municipal and county lines in the vicinity.
(ix) General boundaries of the site with general dimensions shown .
(x) General direction and gradient of slope .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(xi) Legal description of the land .
(xii) Means of proposed water service and sewage disposal .
(xiii) Means of proposed access (including proposed improvements to on-
site and off-site roadways) .
(xiv) Approximate location of proposed on-site and off-site utilities and
facilities .
(xv) Approximate location of existing roads , rights-of-way, buildings ,
parking , and drainage on-site .
(xvi) Where appropriate , approximate location of natural features , including
bodies of water, regulated watershed boundaries , natural drainage
areas , critical areas , shorelines and base flood elevation and buffers .
(xvii) Approximate location of existing facilities , sanitation and water
facilities , easements (where appropriate) .
(3) Applicant Presentation :
At the Pre-application Meeting , the applicant shall , to the greatest extent
possible , provide the Technical Review Committee with a conceptual
understanding of the potential application , including the location and the
anticipated uses as provided in 2 . 33 .
(4) Technical Review Committee Responsibilities :
The Technical Review Committee shall , to the greatest extent possible during the
meeting , provide the applicant with consultation and input on the allowed uses ,
development standards , and process applicable to the proposal as provided in
WCC 2 . 33 : Within 10 days of the pre-application meeting , staff shall
communicate in writing the general findings and basis upon which an appropriate
application may be submitted .
21 .04. 032 Short Subdivision Application Submittal
( 1 ) An applicant requesting approval of a proposed Short Subdivision shall submit to
the Planning and Development Services Department all the items identified in
WCC 21 . 04 . 150 .
(2) An application will only be accepted for review if it contains all components
required in WCC 21 . 04 . 150 and is accompanied by fees as set forth in the
Unified Fee Schedule .
(3) Accepting an application for review does not mean that the application has been
determined complete . The Determination of . Completeness is made as provided
in WCC 21 . 04 . 033 .
(4) If an application does not contain all of the required components of a complete
application , it will not be accepted for review, fees will not be collected , and the
application will be returned to the applicant for completion of the required
components of a complete application .
21 .04. 033 Determination of Completeness and Vesting
( 1 ) The County shall review an application for Determination of Completeness and
mail or provide in person a written determination to the applicant within 28 days
of the date that the application has been accepted for review.
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(2) An application shall be determined complete if the application includes all the
requirements for a fully completed application set forth in Section 21 . 04 . 150 .
(3) Applications having received a Determination of Completeness shall be
processed as described below and as provided in WCC 2 . 33 .
(4) Applications having received a Determination of Incompleteness shall be handled
as provided in WCC 2 . 33 .
(5) If the application is granted a Determination of Completeness as provided in
21 . 04 . 033(2) on its first Acceptance for Review, the vesting date will be the date
that the application was submitted for review. If an application is submitted within
30 days of receiving pre-application meeting findings from the Technical Review
Committee and granted a Determination of Completeness , then the date that the
project is considered vested will be the date of pre-application submittal .
(6) Applications that have been re-submitted for review for Determination of
Completeness will again be handled as described in 21 . 04 . 032 above . A new
date of acceptance for review will be placed on the application .
21 . 04.034 Application Procedures
( 1 ) Notice and Distribution
(a) The Subdivision Administrator shall distribute application materials to
appropriate county and city staff within 10 working days of the Determination
of Completeness .
(b) . Whenever a short subdivision is located adjacent to the right-of-way of a state
highway or will depend on access from a state highway, the Subdivision
Administrator shall give written notice of the application , including a legal
description of the short subdivision and a location map , to the Washington
State Department of Transportation (WSDOT) . WSDOT shall , within fourteen
( 14) days after receiving the notice , submit to the Subdivision Administrator a
statement with any information that the department deems to be relevant
about the effect of the proposed short subdivision upon the legal access to
the state highway, the traffic carrying capacity of the state highway and the
safety of the users of the state highway.
(c) The . Subdivision Administrator shall notify and provide copies of project plans
to a city when the subdivision is within that city's urban growth area , agencies
potentially having jurisdiction relevant to the application , and public utilities . if
within 660 feet (one-eighth mile) to the area submitted in the application .
Such cities , agencies , and utility organizations shall be given fourteen ( 14)
days to respond . If they do not respond within fourteen ( 14) days , the
administrator, SEPA official and technical review committee may conclude
their review of the application without such comments .
(2) Decision on Application .
The Subdivision Administrator shall , within ninety (90) calendar days of the date
of Determination of Completeness , issue a notice of preliminary approval , issue a
notice of additional requirements to obtain preliminary approval , or deny the
application . An applicant may have up to 180 days in which to submit additional
requirements unless a longer time period is authorized by the Subdivision
Administrator for circumstances beyond the control of the applicant. Preliminary
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Exhibit 1 - Land Division Ordinance
February 10, 2009
approval of a short subdivision shall be accompanied by written findings by the
county that:
(a) Appropriate provisions have been made for the public health , safety, and
general welfare and for such drainage ways , stormwater management,
streets or roads , potable water supplies , sanitary wastes , and sidewalks and
other planning features that assure safe walking conditions for students who
only walk to and from school , and the public use and interest will be served by
the platting of such short subdivision and dedication ; and
(b) The short subdivision is in conformity with applicable land division , zoning ,
critical areas , shoreline management, and other land use regulations .
21 .04. 035 Final Short Subdivision Review Process
( 1 ) Submittal
The final short subdivision submittal packet shall include responses to all items
called for in the Notice of Preliminary Approval , and shall be in conformance with
WCC 21 . 04 . 160 .
(2) Time allowed for final short subdivision approval .
(a) The applicant shall submit the final review packet pursuant to WCC
21 . 04 . 160 ( 1 ) within two years of receiving the notice of preliminary approval .
(b) The applicant shall record the short subdivision original drawing pursuant to
WCC 21 . 04 . 160(2) within three years of receiving the notice of preliminary
approval .
(c) If the applicant fails to . submit the final short subdivision within these time
frames , the short subdivision shall be considered expired and a new
application meeting the requirements of this Title and other Whatcom County
codes will be required .
(3) The applicant, or their representative , shall submit such drawings and other
information as required by the County Engineer or utility provider for the
construction of required improvements .
(4) The applicant shall submit paper prints of the proposed final short subdivision for
review prior to preparation of final original drawings .
(5) Execution and acceptance of final short subdivision .
(a) When all requirements of the notice of preliminary approval , applicable laws ,
applicable regulations , and applicable development standards are satisfied
and an original drawing for recording has been submitted , the Subdivision
Administrator shall sign the original drawing of the short plat within 20 working
days .
(b) If right-of-way is dedicated , the County Engineer shall also sign the original
drawing , accepting the dedication.
(c) The surveyor of record shall file said original drawing with the County Auditor,
at which point it shall be deemed "approved . "
21 . 04.038 Applications subject to time limits
All short subdivision applications submitted prior to December 15 , 2000 which have not
yet received preliminary or final approval , shall be recorded within two years of the
effective date of this ordinance . Whatcom County shall endeavor to provide notice to
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
applicants affected by this provision using the most recent contact information or
property records .
21 . 04.040 Restriction of further division
Land in short subdivisions may not be further divided in any manner within a period of
five years except through the long subdivision process which requires the filing of a final
plat or through binding site plan process which requires the filing of a general and
specific binding site plan . However, if the short subdivision 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 subdivision boundaries .
21 .04.050 Development requirements
( 1 ) All short subdivisions shall comply with the applicable standards , requirements
and procedures of the Whatcom County Development Standards and local , state ,
and federal laws and regulations . The County, to the extent practicable , will
require new land divisions located within city urban growth areas to conform to
city development standards , in accordance with adopted ordinances .
(2) Improvements are required to be installed and completed by the subdivider prior
to final short plat approval , unless security is provided under WCC 21 . 04 . 140 ,
except on-site septic systems do not have to be installed unless required by the
Health Officer.
21 . 04.060 Roads
Roads shall be designed with appropriate consideration for existing and projected
roads , anticipated traffic patterns , topographic and drainage conditions , public
convenience and safety, and the proposed uses of the land served .
( 1 ) Dedications for the realignment and widening. of the rights-of-way, in accordance
with county standards , shall take place whenever a short subdivision abuts a
county road . Frontage roads or parallel access roads may be required to
eliminate direct access to arterial and collector roads .
(2) Frontage improvements to the public roadway(s) adjacent to the subject property
shall be completed to the current functional classification prior to recording the
short plat, unless security is provided under WCC 21 . 04 . 140 .
(3) Roads and access easements that serve a short plat shall be constructed in
compliance with the Whatcom County Development Standards.
21 .04. 070 Public dedications
The dedication of sites for schools , parks , and other public or community purposes may
be required to the extent that such dedication is suitable to and reasonable for the
needs anticipated by full development of the subdivision . Dedicated school sites must
meet the requirements of Chapter 246-366 WAC .
21 .04.080 Easements
( 1 ) Easements shall be provided where applicable for development related facilities .
(2) All easements shown on short plats shall include :
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(a) The beneficiary of the easement;
(b) The purpose of the easement; and
(c) A clear depiction of the easement (including dimensions) on the face of the
short plat..
(3) The owner may specify the burdening of the easement. Examples of burdening
may include the average daily trips for ingress and egress easements , the
equivalent single-family units for water, sewer, and on-site sewage disposal
systems and the maximum peak flow rate expressed in accepted units for
drainage easements . The owners of the subservient estates are not entitled to
rely upon the county to enforce the limitations of the easements so granted , and
no cause of action shall lie against the county for errors or omissions occurring in
connection with the administration of, or issuance of, permits for development of
properties that burden the easements referred to herein .
21 .04.090 Water supply
( 1 ) Water from a public water system (s) shall be provided to serve each lot in a short
plat, except as specified in subsection (2) of this section .
(2) For a residential short subdivision , private water supplies may be utilized under
the following circumstances :
(a) All lots served by the private water supplies are five acres or larger, unless
smaller because of clustering . If the lots are smaller because of clustering , the
gross density of the short subdivision shall not exceed one dwelling per five
acres ; and
(b) The withdrawal is not from a defined portion of an aquifer of known regional
ground water contamination that exceeds state standards and that has been
identified by the director of the Health Department and confirmed by the
Board of Health ; and
(c) The water source is ground water and not surface water; and
(d ) If the short subdivision is within the designated water service area of a public
water purveyor that is shown on the Coordinated Water System Plan map or
within one-half mile of an existing water purveyor's water lines :
(i) The water cannot be provided to the applicant within 120 calendar days of
submitting a written request and applicable fees to the purveyor unless
specified otherwise by the Hearing Examiner or County Council ; or
( ii) The purveyor states in writing that it is unable or unwilling to provide the
service ; or
(iii) The purveyor and applicant are unable to achieve an agreement on the
schedule and terms of provision of service within 120 calendar days .
(3) If a public water supply is required , all the requirements of Chapter 246-290
WAC , Group A Public Water Systems , or Chapter 246-291 WAC , Group B Public
Water Systems , must be met prior to final plat approval .
21 . 04. 100 Sewage disposal
( 1 ) Within urban growth areas , public sewer shall be required in short subdivisions
unless the on-site sewage disposal requirements of WCC 24 . 05 . 220 ,
Developments , subdivisions , and minimum land area requirements , can be met.
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(2) Outside of urban growth area and small town Comprehensive Plan designations ,
short subdivisions shall not be approved that require extension or expansion of
public sewer except when :
(a) Public sewer is necessary to protect the public health , safety or environment;
and
(b) Public sewer is financially supportable at rural densities and does not permit
urban development.
(3) On-site sewage disposal systems shall meet the requirements of WCC
24 . 05 . 220 , Developments , subdivisions , and minimum land area requirements .
(4) All portions of a community on-site sewage system that are held in common
ownership shall be constructed and approved prior to final short plat approval .
21 .04. 110 Fire protection
Short subdivisions shall incorporate adequate capability for fire protection in accordance
with sound engineering practices and locally adopted codes and development
standards and shall be approved by the county fire marshal .
21 .04. 120 Short subdivision vacation and alteration
Applications to vacate or alter short plats that have been filed with the County Auditor
shall be processed as follows :
( 1 ) Affidavit of Minor Correction of Survey.
A professional land surveyor may file an "affidavit of minor correction of survey"
pursuant to WAC 332- 130-050 to correct minor survey, spelling , mathematical or
drafting errors or omitted signatures . The surveyor shall file the "affidavit of minor
correction of survey" with the county auditor and provide one copy to the division
of engineering and one copy to planning and development services .
(2) Boundary Line Adjustments .
Boundary line adjustments are processed under WCC 21 . 03 . 060 and are not
subject to the provisions of this section , except for such adjustments that alter the
boundaries of a reserve tract in the short plat.
(3) Alterations . The Subdivision Administrator shall approve , deny or issue a notice
of requirements to continue processing an alteration that does not eliminate or
reduce the width or length of a public dedication within 30 calendar days of
submittal of a complete application .
(a) Alterations are modifications to text, maps or other information shown on the
short plat that:
(i) May adversely impact public health , public safety, shorelines or critical
areas ;
( ii) Change the density, modify the uses , or alter the basic design of the short
plat;
( iii) Create an additional lot(s) to a maximum of four within the short plat
pursuant to WCC 21 . 04 . 040 ;
(iv) Modify reserve tract boundaries ;
(v) Modify reserve tract or cluster notes; or .
(vi) Modify or extinguish an easement shown on the face of the short plat.
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(b) The application shall include a written description of the alteration , the
reasons for the alteration , and a map showing the alteration . The map shall
be prepared in accordance with the requirements of WCC 21 . 04 . 150 .
(c) The county shall distribute application materials to appropriate county and city
staff within 10 working days of Determination of Completeness .
(d ) The Technical Review Committee shall meet to consider the proposed
alteration and make a recommendation to the Subdivision Administrator. The
Subdivision Administrator may waive the requirement for the Technical
Review Committee meeting if all issues can adequately be addressed without
such a meeting .
(e) The Subdivision Administrator shall approve the alteration if the alteration :
(i) The alteration shall result in a lot(s) that qualify as a valid land use
pursuant to Whatcom County Code , including but not limited to lot area , lot
width , building setbacks , critical areas protection or shorelines protection .
(ii) The alteration shall not cause boundary lines to cross zoning or UGA
boundaries , cross on-site sewage disposal systems or their reserve areas ,
prevent suitable area for on-site sewage disposal systems , prevent
adequate access to water supplies , or not meet fire protection standards .
(iii) The alteration will not detrimentally affect access , access design , sight
distance , grade , road geometry or other public safety and welfare
concerns . The alteration shall be reviewed by the Department of Health ,
Public Works , and any other agency or department with expertise .
(iv) Complies with zoning , land division regulations and development
regulations applicable to the alteration that are in effect at the time the
application for the alteration was submitted ; and
(v) Complies with development standards applicable to the alteration that are
in effect at the time the application for the alteration was submitted .
(f) A new original drawing is submitted . The original drawing shall be prepared in
accordance with the requirements of WCC 21 . 04 . 160 and filed for record with
the county auditor.
(4) Vacations — Not Involving Public Dedications .
The Subdivision Administrator shall approve , deny or issue a notice of
requirements to continue processing a vacation of a short plat that does not
eliminate or reduce the width or length of a public dedication within 30 calendar
days of submittal of a complete application .
(a) The application shall include a written description of the vacation , the reasons
for the vacation , and a map showing the vacation .
(b) The Subdivision Administrator shall approve the vacation if the vacation does
not conflict with the public interest.
(c) An order of vacation containing the signatures of all parties having an
ownership interest in the short plat or the portion of the short plat being
vacated shall be filed for record with the County Auditor. The order shall state
that the vacation is with the free consent and in accordance with the desires
of the owners .
(d) Title to the vacated property shall vest with the rightful owner(s) as shown in
the county records .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(5) Vacations — Involving Public Dedications . The vacation and alteration of a short
subdivision shall be processed in accordance with RCW 58 . 17 . 212 and
58 . 17 . 215 respectively when the alteration or vacation eliminates or reduces the
width or length of a public dedication .
21 . 04. 130 Land survey
The applicant shall submit a short plat prepared and certified by a professional land
surveyor in accordance with WCC 21 . 09 . 010 .
21 .04. 140 Security
As an alternate to complete installation of required improvements , the subdivider may
elect to post securities , with the approval of the appropriate county authority, as set forth
in the Whatcom County Development Standards guaranteeing completion of the work.
No occupancy permit , final inspection , or use of the lot(s) created by a short subdivision
shall be issued or allowed until all necessary infrastructure improvements as specified
by this title have been met.
21 . 04. 150 Requirements for a fully completed application for short subdivisions
Upon completion of the pre-application review, and in response to the pre-application
review letter, the applicant is authorized to prepare the short subdivision application
materials . The following requirements for a fully completed application , and any other
information on aform prescribed by the Subdivision Administrator, must be provided in
order to initiate a review for a Determination of Completeness .
( 1 ) Written and Other Data and Fees .
(a) Name , address and phone number of owner(s) , applicant, and contact
person .
(b) Intended uses .
(c) List of variances and waivers requested .
(d) General written proposal of water supply and sewage disposal method ,
including letter from public water or sanitary sewer providers stating their
willingness and ability to serve the proposed land division .
(e) Preliminary stormwater proposal .
(f) Preliminary traffic proposal and transportation concurrency analysis , as
required by WCC 20 . 78 .
(g) Assessor's parcel number (of the parent parcel)
( h) Fees as specified in the Unified Fee Schedule .
(i) Critical areas assessment report pursuant to WCC 16 . 16 .255 when the
written findings of the pre-application review identify the need for this report.
(j) Preliminary title report issued no more than 60 calendar days prior to
application .
(k) Net and gross lot size to determine minimum lot size and density
requirements as required by the Zoning Ordinance .
(I) Signature of property owners or applicant attesting by written oath to the
accuracy of all information submitted for the application .
(2) Map Data .
(a) Name of owner(s) .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(b) Name of proposed land division .
(c) General layout of proposed land division .
(d) Common language description of the general location of the land division .
(e) Approximate locations of existing roads , utilities , and infrastructure :
(f) Vicinity map .
(g) Short plat map with a common engineering scale with north arrow and sheet
numbers (on each sheet containing a map) .
(h) Section , township , range and municipal and county lines in the vicinity.
(i) Boundaries of the site with general dimensions shown that is prepared by a
licensed surveyor.
(j ) General direction and gradient of slope .
(k) Legal description of the land .
( I) Proposed location and means of proposed water service and sewage
disposal .
(m) Proposed location and means of proposed access ( including proposed
improvements to on-site and off-site roadways , and site distance)
(n ) Other proposed on-site and off-site utilities and facilities .
(o) Location of existing roads , rights-of-way, buildings , parking , and drainage on-
site .
(p) Where appropriate , location of natural features , including bodies of water,
natural drainage areas , critical areas , and buffers .
(q) Location of existing sanitation and water facilities and easements (where
appropriate) .
(r) Existing and proposed street names .
(s) Names or numbers of any adjacent divisions .
(t) Sequential numbers or letters to all lots within the short subdivision .
( u) Topographic map of sufficient contour interval , acceptable to the county
engineer or director of planning and development services or their designee ,
to show the topography of the land to be divided .
(v) Location of critical areas , shorelines and base flood elevation , where
applicable .
(3) Seven sets of the above required information shall be submitted . The
Subdivision Administrator may require the applicant to submit the information in an
electronic format, and may reduce the number of required sets if provided in an
alternative format.
21 . 04. 160 Final review and submittal
( 1 ) Review Submittal .
(a) Seven copies of the original drawing of acceptable sizes ( 187x 24")
(b) Name of short subdivision .
(c) Legal description of the land .
(d) Common engineering scale , north arrow, and sheet numbers .
(e) Date of original and significant revisions .
(f) The length of each lot line , together with bearings and other data necessary
for the location of any lot line in the field .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(g) The location , width , centerline , and name of all roads within and adjoining the
land division .
(h ) Final survey of boundary of the land division with complete bearings and
linear dimensions .
(i) The location of all monuments or other evidence used as ties to establish the
land division 's boundaries .
(j ) The location of all permanent control monuments found and established at the
controlling corners of the parcel being divided and within the land division .
(k) The length and bearing of all straight lines , the radii , arcs and semi-tangents
of all curves .
( I) The location and width of all easements , shown with broken lines , and a
description of the purpose of the easement (including beneficiary)
(m) Existing and proposed road names .
(n) The location of all permanent wells and associated protective zones ,
municipal boundaries , section lines , township lines , and meander lines .
(o) A reference to any covenants or restrictions (two copies for county review) .
(p) Signature block for persons with ownership interest (declaration) and
dedication block , if appropriate .
(q) Land surveyor's certificate .
(r) County Engineer certificate (if a rights-of-way dedication is made) .
(s) Director of Planning and Development Services' certificate .
(t) County Auditor's certificate .
(u ) Letter from the Health Department approving water supply and sewage
disposal method .
(v) Lot closures .
(w) A separate map scaled at 1 " = 400' for the assignment of addresses .
(x) Preliminary title report issued no more than 60 calendar days prior to
submittal of the final short plat for review.
(k) Net and gross lot size to determine minimum lot size and density
requirements as required by the Zoning Ordinance .
(2) Final Submittal .
(a) Original drawing ( in reproducible format) with executed signature block of
persons with ownership interest.
(b) A current title report or update of title report issued no more than 60 calendar
days prior to the director signing the original drawing .
(c) Addresses as assigned by the county.
(d ) The owner of record and the surveyor of record shall sign the original drawing
of the short plat prior to filing it for record with the county auditor. The original
drawing shall include a statement that the short subdivision has been made
with the free consent of and in accordance with the desire of the land owner(s) .
21 . 04. 170 Disclosures and notes
The following disclosures and notes , if applicable , shall be recorded in the County
Auditor's office and a statement identifying the subject and the auditor's file number, if
applicable , for each such instrument shall be on the final short plat map prior to final
approval by the county:
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Exhibit 1 - Land Division Ordinance
February 10, 2009
( 1 ) Right to farm , right to practice forestry, mineral resource disclosures .
(2) Critical area notes and protective easement as required .
(3) Boundary discrepancies .
(4) Drainage maintenance agreement block.
(5) Road maintenance agreement block (private roads only) .
(6) Significant pipeline in vicinity disclosure when the subject property is within 660
feet of a pipeline shown on Map 12 , Chapter 5 of the Whatcom County
Comprehensive Plan .
21 .04. 180 Agricultural short plat
The provisions of WCC 20 .40 . 252 ( 1 ) provide for the segregation of a farmstead parcel
with an existing residence(s) from a remainder parcel used for farming in the agriculture
zone . The remainder parcel is restricted to agricultural use only. Because no further
residential development can occur on the remainder parcel and an existing residential
structure is already on the farmstead parcel , many of the standard short plat
requirements are unnecessary. Therefore , a shortened review process has been
established .
Agricultural short plats that qualify under WCC 20 .40 . 252 ( 1 ) shall be subject to the
following :
( 1 ) Agricultural short plats shall be processed pursuant to all the requirements of this
chapter except that the short plat will not be reviewed for compliance with :
(a) WCC 21 . 04 . 060 (Roads) ;
(b) WCC 21 . 04 . 090 (Water supply) , when the remainder parcel will not require
potable water;
(c) WCC 21 . 04 . 100 (Sewage disposal) ;
(d ) WCC 21 . 04 . 130 ( Land survey) ;
(e) Chapter 16 . 16 WCC (Critical Areas) ; and
(f) Shoreline master program .
(2) Any subsequent development must comply with all applicable codes .
(3) Survey Requirements — Partial .
(a) A survey, prepared by a professional land survey in accordance with WCC
21 . 09 . 010 and 21 . 09 . 020 , which provides the location of at least two corners
of the farmstead parcel shall be submitted . A survey is not required for the
remainder parcel that cannot have further residential development.
26
3
Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 05
PRELIMINARY LONG SUBDIVISIONS
Code Reviser Note : Repeal Chapter 21 . 05 , Preliminary Long Subdivisions and replace
as set forth below.
21 .05. 010 Purpose
The purpose of this chapter is to establish or reference the procedure and requirements
for the application , review and approval of subdivisions , also referred to as long
subdivisions . The procedure is intended to provide orderly and expeditious processing
of such applications .
21 . 05 .020 Requirement to obtain long subdivision approval
All divisions of land into five or more parcels shall require long subdivision approval from
Whatcom County unless : d
( 1 ) The division is specifically classified as an exemption under Chapter 21 . 01 WCC ;
or
(2) The division has received binding site plan approval .
21 .05.030 Summary of Preliminary Long Subdivision procedure
Review of a Preliminary Long Subdivision involves :
( 1 ) Pre-application meeting
(2) Submittal of a preliminary application
(3) Determination of Completeness
(4) Notice of Application
(5) Hearing Examiner Review and Decision
21 . 05 .031 Pre-application Meeting
( 1 ) Pre-application meeting required :
Any person contemplating preparation of a preliminary long subdivision
application shall submit information required for a Pre-application Meeting as
provided in 21 . 01 . 090 and 2 . 33 . A pre-application meeting shall also be required
for any alteration of an existing subdivision unless waived by the Subdivision
Administrator
(2) Pre-application Submittal Information :
An applicant shall provide the following information in order to assist the
applicant and Whatcom County in review of the proposed subdivision .
(a) Written and Other Data .and Fees .
(i) Name , address and phone number of owner(s) , applicant, and contact
person .
(ii) Intended uses .
(iii) List of variances and waivers requested .
(iv) General written proposal of water supply and sewage disposal method .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(v) Proposed means of stormwater control .
(vii) Assessor's parcel number (of the parent parcel)
(viii) Fees as specified in the Unified Fee Schedule .
(xi) Net and gross lot size to determine minimum lot size and density
requirements as required by the Zoning Ordinance .
(b) Map Data .
(i) Name of owner(s) .
(ii) Name of proposed land division .
(iii) General layout of proposed land division .
(iv) Common language description of the general location of the land
division .
(v) Approximate locations of existing roads , utilities , and infrastructure .
(vi) Vicinity map .
(vii) Plat map with a common engineering scale with north arrow and sheet
numbers (on each sheet containing a map) .
(viii) Section , township , range and municipal and county lines in the vicinity.
(ix) General boundaries of the site with general dimensions shown .
(x) General direction and gradient of slope .
(xi) Legal description of the land .
(xii) Proposed means and location of water service and sewage disposal .
(xiii) Proposed means and location of access (including proposed
improvements to on-site and off-site roadways) .
(xiv) Other proposed on-site and off-site utilities and facilities .
(xv) Location of existing roads , rights-of-way, buildings , parking , and
drainage on-site .
(xvi) Where appropriate , location of natural features , including bodies of
water, regulated watershed boundaries , natural drainage areas , critical
areas , shorelines and base flood elevation and buffers .
(xvii) Location of existing facilities , sanitation and water facilities , easements
(where appropriate) .
(3) Applicant Presentation :
At the pre-application meeting , the applicant shall , to the greatest extent
possible , provide The Technical Review Committee with a conceptual
understanding of the potential application , including the location and the
anticipated uses as provided in 2 . 33 .
(4) Technical Review Committee Responsibilities :
The Technical Review Committee shall , to the greatest extent possible during the
meeting , provide the applicant with consultation and input on the allowed uses ,
development standards , and process applicable to the proposal as provided in
2 . 33 . Within 10 days of the Pre-application meeting , staff shall communicate in
writing the general findings and basis upon which an appropriate application may
be submitted .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
21 .05. 032 Preliminary Long Subdivision Application Submittal
( 1 ) An applicant requesting approval based on the pre-application meeting response
of a proposed Preliminary Subdivision shall submit to the Planning and
Development Services Department all of the items required in Section 21 . 05 . 120 .
(2) An application will only be accepted for review if it contains all components
required in 21 . 05 . 120 and is accompanied by fees as set forth in the Unified Fee
Schedule .
(3) Accepting an application for review does not mean that the application has been
determined complete . The Determination of Completeness is made as provided
in WCC 21 . 05 . 033
(4) If an application does not contain all of the required components of a complete
application , it will not be accepted for review, fees will not be collected , and the
application will be returned to the applicant for completion of the required
components of a complete application .
21 . 05. 033 Determination of Completeness and Vesting
( 1 ) The County shall review an application for Determination of Completeness and
mail or provide in person a written determination to the applicant within 28 days
of the date that the application has been accepted for review.
(2) An application shall be determined complete if the application includes all the
requirements for a fully completed application set forth in Section 21 . 05 . 120 .
(3) Applications having received a Determination of Completeness shall be
processed as described below and as provided in WCC 2 . 33 .
(4) Applications having received a Determination of Incompleteness shall be handled
as provided in WCC 2 . 33 .
(5) If the application is granted a Determination of Completeness as provided in
21 . 05 . 033 (2) on its first Acceptance for Review, the vesting date will be the date
that the application was submitted for review. If an application is submitted within
30 days of receiving pre-application meeting findings from the Technical Review
Committee and granted a Determination of Completeness , then the date that the
project is considered vested will be the date of pre-application submittal .
(6) Applications that have been re-submitted for review for Determination of
Completeness will again be handled as described in 21 . 05 . 032 above . A new
date of acceptance for. review will be placed on the application .
21 . 05 .035 Preliminary Application Procedures
( 1 ) Notice and Distribution . Upon receipt of a complete application and the payment
of fees , the department of planning and development services shall :
(a) Provide notification in accordance with WCC 2 . 33 ;
(b) Notify those agencies required by RCW 58 . 17 . 080 ;
(c) Notify and provide copies of project plans to a city when the subdivision is
within that city's urban growth area , agencies potentially having jurisdiction
relevant to the application , and public utilities if within 660 feet (one-eighth
mile) to the area submitted in the application . Such cities , agencies , and utility
organizations shall be given 15 calendar days to respond . If they do not
respond within 15 days , the administrator, SEPA official and technical review
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
committee may conclude their review of the application without such
comments .
(2) Within 60 calendar days after the application has been determined to be
complete , the Subdivision Administrator shall receive comments and notify the
applicant regarding whether modifications or corrections to the preliminary plat
application would be required in order to receive a recommendation of approval
from the Subdivision Administrator prior to consideration of the application by the
Hearing Examiner.
(3) Preliminary plats of any proposed subdivision and dedication shall be approved ,
disapproved , or returned to the applicant for modification or correction within
ninety days from date of filing thereof unless the applicant consents to an
extension of such time : PROVIDED , That if an environmental impact statement is
required as provided in RCW 43 . 21C . 030 , the ninety day period shall not include
the time spent preparing and circulating the environmental impact statement by
the local government agency.
21 . 05 .036 Report to Hearing Examiner
The Subdivision Administrator shall prepare a final staff report (including all
recommendations and all proposed conditions of approval) and submit it in written form
to both the applicant and the Whatcom County Hearing Examiner.
21 . 05. 037 Hearing Examiner Notice , Hearing and Decision
The Hearing Examiner shall schedule and hold an open record hearing , review the
application and make a decision or recommendation , as appropriate , in accordance with
the provisions of Chapter 20 . 92 WCC . Notice of the open record hearing shall be as
set forth in Chapter 2 . 33 WCC .
( 1 ) Review of a preliminary long subdivision shall be accompanied by written
findings of fact and conclusions regarding the proposed development's
provisions for the following standards and criteria :
(a) open spaces ,
(b) drainage ways , and stormwater management,
(c) streets or roads , pedestrian and bicycle paths , alleys , other public ways ,
transit stops , and other transportation facilities as required by concurrency
standards
(d ) potable water supplies ,
(e) sanitary wastes ,
(f) parks and recreation facilities , and playgrounds ,
(g) schools and schoolgrounds , including sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school ,
(h ) conformity with the Whatcom County Comprehensive Plan ,
( i) conformity with applicable land division , zoning and development standards ,
(j) conformity with critical areas , shoreline management, other land use
regulations ,
(k) conformity with Chapter 58 . 17 RCW, and
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(I) a summary finding that the public health , safety, general welfare , use and
public interest will be served by the platting of such subdivision and
dedication .
(2) If the Hearing Examiner finds that all of the above standards and criteria have
been met, the Examiner may issue an approval of the proposed Preliminary Long
Plat application .
(3) If the Hearing Examiner finds that the above criteria are not met, the Hearing
Examiner may take one of the following actions :
(a) Specify the issues that require additional information and give the applicant a
period of time up to three (3) months to address those issues and return to
the Hearing Examiner for further consideration .
(b) Issue a conditional approval specifying the actions needing to be taken to
resolve minor non-conformance with the standards and criteria , and granting
a specific limited time , typically 30 days within which the applicant is to return
to the Hearing Examiner for review.
(c) Deny the application .
21 . 05 .038 Approved Preliminary Long Subdivision Process
( 1 ) Submittal of Approved Preliminary Long Subdivision :
Upon issuance of Preliminary Long Subdivision approval by the Hearing
Examiner, the applicant shall , within 30 calendar days of preliminary long
subdivision approval , submit four copies of a revised preliminary plat depicting
modifications to the layout of lots , roads , open space , or any other geometrical
changes to the plat that were required by conditions of approval of the
preliminary plat by the Hearing Examiner.
(2) Review and Execution of Preliminary Long Subdivision :
The Hearing Examiner shall review the preliminary plat and , if it complies with the
terms of preliminary approval , the Hearing Examiner, property owner and
surveyor shall sign the four copies of the preliminary long subdivision .
(3) Distribution of Executed Preliminary Long Subdivision :
Once signed , one copy of the revised preliminary plat shall be given to the
applicant, one copy shall be retained in the file of the Hearing Examiner, one
copy shall be retained in the file of planning and development services , and one
copy shall be retained in the file of the Division of Engineering .
21 .05. 039 Phasing , Expiration and Time Extension for Preliminary Long
Subdivision Approval
( 1 ) Approval of a preliminary subdivision shall expire unless a final plat is submitted
in proper form for final plat approval within five years of the date of preliminary
subdivision approval .
(2) Extension of Time for submittal of Final Long Subdivision :
The five year expiration of a preliminary long subdivision approval may be
extended under the following provisions :
(a) An applicant files a written request with the Subdivision Administrator prior to
expiration of the five-year expiration period . The request shall state the
specific work items , standards , and criteria which have not been completed
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Exhibit 1 - Land Division Ordinance
February 10, 2009
and the reasons therefore . The request shall also indicate when the work will
be completed within the requested period . The Subdivision Administrator
shall review the request and provide a recommendation to the Hearing
Examiner.
(b) The Hearing Examiner shall have authority to grant one one-year extension
subsequent to the original preliminary plat approval .
(c) The one-year extension may be granted if after taking into consideration
technical , economic and other matters beyond the control of the applicant the
Hearing Examiner finds that there is reasonable justification for the granting of
an extension .
(d) In granting the one-year extension the Hearing Examiner shall take into
consideration such changes in rules , regulations , ordinances , or development
standards , or portions thereof, that have occurred since the time the original
approval was granted .
(e) The Hearing Examiner may condition the extension so as to require
compliance with any such subsequently adopted rules , regulations ,
ordinances , or development standards , or portion thereof, that are deemed
necessary to protect the public health , safety and welfare .
(3) Phased Subdivision :
An applicant may seek approval of a phasing plan at the time of preliminary
subdivision approval . If phasing is approved as part of a preliminary subdivision ,
the phasing plan shall expire 10 years from the date of preliminary approval .
Each phase submitted after five years from the date of preliminary approval shall
comply with the Whatcom County Development Standards in effect as of the date
construction plans are submitted for each phase .
21 .05. 040 Development requirements
( 1 ) All subdivisions shall comply with the applicable standards , requirements and
procedures of the Whatcom County Development Standards and local , state , and
federal laws and regulations . The County, to the extent practicable , will require
new land divisions located within city urban growth areas to conform to city
development standards , in accordance with adopted ordinances .
(2) Improvements are required to be installed and completed by the subdivider prior
to final subdivision approval , unless security is provided under WCC 21 . 06 . 040 .
(3) Improvements and other requirements shall be provided to the extent that each
phased subdivision will be adequately served by all roads , utilities , drainage
facilities , easements and other amenities necessary to its existence in the event
that subsequent phases are not completed , except on-site septic systems do not
have to be installed unless required by the Health Officer.
21 .05. 050 Roads
Roads shall be designed with appropriate consideration for existing and projected
roads , anticipated traffic patterns , topographic and drainage conditions , public
convenience and safety, and the proposed uses of the land served .
( 1 ) Dedications for the realignment and widening of the adjacent rights-of-way, in
accordance with county standards , shall take place whenever a subdivision abuts
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Exhibit 1 - Land Division Ordinance
February 10, 2009
a county road . Frontage roads or parallel access roads may be required to
eliminate direct access to arterial and collector roads .
(2) Frontage improvements to the public roadway(s) adjacent to the subject property
shall be completed to the current functional classification prior to recording the
final plat, unless security is provided under WCC 21 . 06 . 040 .
(3) Minor and local access roads should discourage through traffic.
(4) All subdivisions and phased subdivisions shall abut and be accessed by a
constructed and maintained public road or a private road as allowed under the
Whatcom County Development Standards . The number of access points shall
create efficient on- and off-site circulation patterns and facilitate emergency
response . A traffic analysis may be required by the county engineer in order to
analyze present and future traffic circulation patterns to determine the
appropriate location and number of access points to the site and to ascertain the
appropriate classification and character of the proposed roads .
(5) Where reasonably necessary to join with existing roads or needed for future
circulation , road rights-of-way and/or easements shall be extended to the outside
boundaries of the subdivision .
(6) Public road rights-of-way and/or easements shall be extended to the boundaries
of subdivisions that abut public lands and public bodies of water, if requested by
the administrator of said public lands . Such access roads need not be provided
at an interval more frequent than one-half mile .
(7) Private roads may be permitted in a subdivision when in compliance with the
Whatcom County Development Standards .
21 . 05 .060 Public and community sites
The dedication of sites for schools , parks , and other public or community purposes may
be required to the extent that such dedication is suitable to and reasonable for the
needs anticipated by full development of the subdivision . Dedicated school sites must
meet the requirements of Chapter 246-366 WAC .
21 . 05.070 Easements
( 1 ) Easements shall be provided where applicable for development related facilities .
(2) All easements shown on long plats shall include :
(a) The beneficiary of the easement;
(b) The purpose of the easement ; and
(c) A clear depiction of the easement (including dimensions) on the face of the
long plat.
(3) The owner may specify the burdening of the easement. Examples of burdening
may include the average daily trips for ingress and egress easements , the
equivalent single-family units for water, sewer, and on-site sewage disposal
systems and the maximum peak flow rate expressed in accepted units for
drainage easements . The owners of the subservient estates are not entitled to
rely upon the county to enforce the limitations of the easements so granted , and
no cause of action shall lie against the county for errors or omissions occurring in
connection with the administration of, or issuance of permits for development of
properties that burden the easements referred to herein .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
21 . 05 .080 Water supply
( 1 ) Water from a public water system (s) shall be provided to serve each lot in a
subdivision , except as specified in subsection (2) of this section .
(2) For a residential subdivision with six or fewer residences , private water supplies
may be utilized under the following circumstances :
(a) All lots served by the private water supplies are five acres or larger, unless
smaller because of clustering . If the lots are smaller because of clustering , the
gross density of the subdivision shall not exceed one dwelling per five acres
and the number of clustered lots shall not exceed four; and
(b) The withdrawal is not from a defined portion of an aquifer of known regional
ground water contamination that exceeds state standards and that has been
identified by the director of the Health Department and confirmed by the
Board of Health ; and
(c) The water source is ground water and not surface water; and
(d ) If the subdivision is within the designated water service area of a public water
purveyor that is shown on the Coordinated Water System Plan map or within
one-half mile of an existing water purveyor's water lines :
(0 The water cannot be provided to the applicant within 120 calendar days of
submitting a written request and applicable fees to the purveyor unless
specified otherwise by the Hearing Examiner or County Council ; or
(ii) The purveyor states in writing that it is unable or unwilling to provide the
service ; or
( iii) The purveyor and applicant are unable to achieve an agreement on the
schedule and terms of provision of service within 120 calendar days .
(3) The applicant shall demonstrate that adequate water right(s) exist to serve the
subdivision , except when water withdrawal is exempt from obtaining a water right
permit under RCW 90 .44 . 050 .
(4) If a group B public water system is created to serve the subdivision , the number
of wells shall be limited to the minimum needed to serve the water needs of the
subdivision as determined by the Health Department.
(5) If a public water supply is required, all the requirements of Chapter 246-290
WAC , Group A Public Water Systems , or Chapter 246-291 WAC , Group B Public
Water Systems , must be met prior to final plat approval .
21 .05. 090 Sewage disposal
( 1 ) Within urban growth areas , public sewer shall be required in subdivisions unless
the on-site sewage disposal requirements of WCC 24 . 05 . 220 , Developments ,
subdivisions , and minimum land area requirements , can be met.
(2) Outside of urban growth area and small town Comprehensive Plan designations ,
subdivisions shall not be approved that require extension or expansion of public
sewer except when :
(a) Public sewer is necessary to protect the public health , safety or environment;
and
(b) Public sewer is financially supportable at rural densities and does not permit
urban development.
34
Exhibit 1 - Land Division Ordinance
February 10, 2009
(3) On-site sewage disposal systems shall meet the requirements of WCC
24 . 05 . 220 , Developments , subdivisions , and minimum land area requirements .
(4) All portions of a community on-site sewage system that are held in common
ownership shall be constructed and approved prior to final plat approval .
21 . 05. 100 Fire protection
Long subdivisions shall incorporate adequate capability for fire protection in accordance
with sound engineering practices and locally adopted codes and development
standards and shall be approved by the county fire marshal .
21 . 05. 110 Modifications to approved preliminary long plats
( 1 ) The Technical Review Committee may approve minor changes to a preliminary
long plat. In order to qualify as a minor change , the proposal must not adversely
impact neighbors or the environment, and the density, uses and basic design of
the approved preliminary long plat must be maintained .
(2) The Hearing Examiner or County Council , whichever approved the original
preliminary long plat, may approve major changes to the plat. Major changes are
those that, in the opinion of the Technical Review Committee , would adversely
impact neighbors or the. environment, alter the density, alter the uses , or alter the
basic design of the preliminary long plat. The SEPA official shall review major
changes and determine whether the original SEPA determination is still valid or a
new determination required . The Hearing Examiner or County Council shall hold
a public hearing prior to issuing the decision . The appropriate city shall be
notified of the request and given the opportunity to comment on major changes , if
the land division is located within that city's urban growth area .
21 . 05 . 120 Requirements for a fully completed application for preliminary long
subdivisions
Upon completion of the .pre-application review, and in response to the pre-application
review letter, the applicant is authorized to prepare the subdivision application materials .
The following requirements for a fully completed application , and any other information
on a form prescribed by the Subdivision Administrator, must be provided in order to
initiate a review for a Determination of Completeness .
( 1 ) Written and Other Data and Fees .
(a) Completed application form .
(b) Name , address and phone number of owner(s) , applicant , and contact
person .
(c) Names , addresses and telephone numbers of the involved engineers ,
surveyors , and consultants .
(d ) Intended uses .
(e) List of variances and waivers requested .
(f) Names and addresses of all persons , firms , and corporations holding legal
interests in the land , such as easements , of which the applicant has
knowledge.
(g) Assessor's parcel number (of the parent parcel) .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(h ) List of names and addresses of owners of property within 300' of site's
boundaries (based on the latest assessor's equalized tax roll) when within an
urban growth area , or within 1 , 000 feet of site's boundaries when outside an
urban growth area , together with corresponding parcel numbers and
assessor's parcel map .
(i) Proposed covenants , conditions , and restrictions (CC&Rs) .
Q) SEPA checklist.
(k) Preliminary stormwater proposal ,
( I) Preliminary traffic analysis ,
(m) Proposed utilities ,
(n) Critical area and soils reports , as specified in the applicable development
standards . All reports shall be certified by qualified professionals experienced
in the applicable field of science .
(o) Net and gross lot size to determine minimum lot size and density
requirements as required by the Zoning Ordinance .
(p) Fees as specified in the Unified Fee Schedule .
(2) Map Data .
(a) Acceptable map size is 24 x 24 to 24 x 36 .
(b) Date of revisions , if any.
(c) Name of owner.
(d) Name , address , and telephone number of the surveyor or consultant
preparing the map proposal .
(e) Name of proposed land division .
(f) Names or numbers of any adjacent divisions .
(g) General layout of proposed land division .
( h) Approximate locations of existing utilities , infrastructure , roads , drainage and
rights-of-way within 300' of the boundary of the proposed land division .
(i) Vicinity map at a scale not less than 1 " = 2000' .
(j ) Common engineering scale ( 1 " = 100' or larger) , sheet numbers , and north
arrow.
(k) Section , township , range , municipal and county lines in the vicinity.
( I) Location of monuments and fences located by any boundary survey and the
date of the survey.
(m ) General boundaries of the site with general dimensions shown , perimeter
boundary marked with a bold line .
( n ) Legal description of the land being subdivided .
(o) Proposed access (including proposed improvements to on-site and off-site
roadways) .
(p) Other proposed on-site or off-site utilities and facilities .
(q) The location and widths of all proposed roads , rights-of-way, and easements .
( r) When appropriate , location of natural features , including bodies of water,
natural drainage areas , regulated watershed boundaries , critical areas , and
buffers .
(s) Location of buildings , and parking on-site or contiguous to the site .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(t) General location of existing and proposed facilities , sanitation , and water
facilities , easements (where appropriate) , landscaping , common areas , and
phasing boundaries .
(u) General plans of proposed water distribution systems , sewage disposal
systems , and drainage systems . The plans shall include system location and
sizes , sources of water supply, location and size of storage reservoirs ,
location of drainage outlet, and other major features and shall be certified by
a professional engineer.
(v) Layout of proposed alleys , walkways , bicycle paths , and parcels to be
dedicated or reserved for school , park, playground , well site or other use .
(w) Sequential numbers to all lots within subdivision and identify proposed
phases .
(x) Location of critical areas , shorelines and base flood elevation , where
applicable .
(3) Additional information :
(a) Title report.
(b) Written narrative of how the proposed preliminary plat will meet development
and/or level of service standards for:
(i) Water supply.
(ii) Sewage disposal .
(iii) Fire protection service .
(iv) Public school system .
(c) Project area .
(d) Area in lots , square feet, and percentage of total .
(e) Zoning designation and zone density.
(f) Number of lots .
(g ) Average lot size , area , and maximum lot size .
( h) Area of streets , area in right-of-way, and percentage of total .
(i) Area of parks , open space , and percentage of total .
(j) Area of impervious surface proposed .
(k) Soil types and classifications .
(I) Utility service types and name of provider.
(m) School and fire district.
( n) Boundary survey, prepared and certified by a professional land surveyor.
(o) Additional reports as required at the pre-application meeting , prepared by
qualified professionals , including but not limited to :
(i) Traffic impact analysis and concurrency study.
(ii) Stormwater design report.
(iii) Soils and/or geological report.
(iv) Wetlands delineation and/or critical areas assessment report.
(v) Soil testing results for pesticides for subdivisions on land historically used
for raising row crops .
(p) Topographic map of sufficient contour interval , acceptable to the County
Engineer or Subdivision Administrator, to show the topography of the land to
be subdivided .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(4) Eleven sets of the above required information shall be submitted . The
Subdivision Administrator may require the applicant to submit the information in an
electronic format, and may reduce the number of required sets if provided in an
alternative format.
38
Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 06 -
FINAL LONG SUBDIVISIONS
Code Reviser Note : Repeal Chapter 21 . 06 , Final Long Subdivisions and replace as set
forth below.
21 .06 .010 Purpose
The purpose of this chapter is to establish or reference the procedure and requirements
for the application , review and approval of Final Long Subdivisions . The procedure is
intended to provide orderly and expeditious processing of such applications .
21 . 06.015 Council Chair Authorized
The Chair of the Whatcom County Council is authorized to act on behalf of the
legislative authority or County Council in the signing of final subdivision plats pursuant
to the requirements set forth in this chapter.
21 .06 . 020 Final approval of subdivisions
( 1 ) An applicant requesting final approval of a subdivision shall submit to the
Subdivision Administrator copies of the materials specified in WCC 21 . 06 . 050 .
(2) The applicant shall submit a current title report issued no more than 60 days prior
to the County Council chair signing the final plat original drawing . The owner of
record and the surveyor of record shall sign the final plat original drawings prior
to filing it for record with the county auditor. In addition , the applicant shall submit
one paper copy to the county assessor. .
(3) Each final plat submitted to the County Council Chair for approval shall be
accompanied by a recommendation for approval or disapproval from the
Subdivision Administrator as to compliance with the terms of preliminary plat
approval . Prior to making his or her recommendation , the Subdivision
Administrator should consult with the appropriate city, if the proposed land
division is located within that city's urban growth area .
(4) Final plats shall contain a statement of approval from the following :
(a) The County Engineer as to the layout of streets , alleys , and other rights-of-
way, and the design of bridges , sanitary sewer and water systems , drainage
and surface water management facilities , and other physical improvements
required by the conditions of preliminary plat approval ;
(b) The County Treasurer stating that all taxes and delinquent assessments for
which the property may be liable as of the date of certification have been duly
paid , satisfied , or discharged ;
(c) The County Health and Human Services Department as to the adequacy of
potable water supply and sewage disposal ; and
(d) The County Council Chair stating that the final plat conforms to all terms of
the preliminary subdivision approval , meets the requirements of Chapter
58 . 17 RCW and other applicable state laws , and meets the requirements of
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Exhibit 1 - Land Division Ordinance
February 10, 2009
this title that were in effect at the time of vesting of the preliminary plat
application . .
(5) Final plats shall be approved , disapproved , or returned to the applicant for
modification or correction within 30 calendar days of submittal to the planning
and development services department.
(6) The Whatcom County Auditor shall not accept a final plat for filing until it has
been accepted by the approving authorities as indicated on the instrument by the
appropriate signature . The signature of the approving authorities shall not be
affixed until the developer has posted the guarantees as stipulated in the
appropriate standards .
(7) After approval by the Council Chair, two original drawings of the subdivision shall
immediately be filed by the professional land surveyor of record with the County
Auditor. After filing , the county auditor shall retain one original drawing and the
County Engineer shall retain one original drawing .
21 . 06 . 030 Subdivision vacation and alteration
( 1 ) The vacation and alteration of subdivisions shall be in accordance with RCW
58 . 17 . 212 and 58 . 17 . 215 respectively.
(2) Alteration of subdivisions shall meet the following requirements :
(a) The alteration shall result in a lot(s) that qualify as a valid land use pursuant
to Whatcom County Code , including but not limited to lot area , lot width ,
building setbacks , critical areas protection or shorelines protection .
(b) The alteration shall not cause boundary lines to cross zoning or UGA
boundaries , cross on-site sewage disposal systems or their reserve areas ,
prevent suitable area for on-site sewage disposal systems , prevent adequate
access to water supplies , or not meet fire protection standards .
(c) The alteration will not detrimentally affect access , access design , sight
distance , grade , road geometry or other public safety and welfare concerns .
The alteration shall be reviewed by the Department of Health , Public Works ,
and any other agency or department with expertise .
(d ) Complies with zoning , land division regulations and development regulations
applicable to the alteration that are in effect at the time the application for the
alteration was submitted ; and
(e) Complies with development standards applicable to the alteration that are in
effect at the time the application for the alteration was submitted .
(3) Vacation of subdivisions shall meet the following requirements :
(a) The application shall include a written description of the vacation , the reasons
for the vacation , and a map showing the vacation .
(b) The vacation shall be approved if the vacation does not conflict with the public
interest.
(c) An order of vacation containing the signatures of all parties having an
ownership interest in the plat or the portion of the plat being vacated shall be
filed for record with the County Auditor. The order shall state that the vacation
is with the free consent and in accordance with the desires of the owners .
(d ) Title to the vacated property shall vest with the rightful owner(s) as shown in
the county records .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(e) Vacations - Involving Public Dedications . The vacation and alteration of a
subdivision shall be processed in accordance with RCW 58 . 17 . 212 and
58 . 17 . 215 respectively when the alteration or vacation eliminates or reduces
the width or length of a public dedication .
(4) A new original drawing shall be submitted for approved alterations or vacations .
The original drawing shall be prepared in accordance with the requirements of
WCC 21 . 06 . 060 and filed for record with the county auditor.
21 .06.040 Security
As an alternate to complete installation of required improvements , the subdivider may
elect to post securities , with the approval of the appropriate county authority, as set forth
in the Whatcom County Development Standards and Title 20 guaranteeing completion
of the work . No occupancy permit, final inspection , or use of the lot(s) created by a
subdivision shall be issued or allowed until all necessary infrastructure improvements as
specified by this title have been met.
21 .06.050 Requirements for a fully completed application for final long
subdivisions
( 1 ) Written and Other Data and Fees .
(a) Name , address , and phone number of owner, applicant, and contact person .
(b) A separate map scaled at 1 inch = 400' for assignment of addresses .
(c) Lot closures for the parcel being subdivided , each lot, and any dedicated
right-of-way. .
(d ) Title report issued no more than 60 days prior to final signature by the County
Council Chair.
(e) Copies of covenants , conditions and restrictions .
(f) As-built drawings for road and drainage improvements .
(g) Fees as specified in the Unified Fee Schedule .
(2) Map Data.
(a) Final plat size is 24 inches x 24 inches .
(b) Name of owner(s) .
(c) Name of proposed long subdivision .
(d ) Section , township , range , and municipal and county lines within the vicinity.
(e) Common engineering map bar scale ( 1 inch = 100' or larger) , north arrow,
legend , and sheet numbers .
(f) Perimeter of the subdivision shall be depicted with heavier lines .
(g ) File number of the preliminary plat.
(h ) Existing and proposed street names . .
(i) Legal description of the land being subdivided .
(j) All lot and tract areas .
(k) Vicinity map .
fr (I) Names and numbers of any adjacent subdivisions , short subdivisions , and
binding site plans.
(m)Complete bearings , lineal dimensions , radii , arcs , and central angle of all lines
and curves of any lot or boundary lines within the subdivision .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
( n) Location of permanent control monuments used as ties to establish boundary
of subdivision , basis of bearing , and line held .
(o) Type and location of monuments and the date set.
(p) Sequential numbers of all lots in the subdivision , including all of its phases .
(q) Location and width of all easements shown as dashed lines , and a description
of the purpose of the easement (including beneficiary) .
(r) Location and description of all fence and building encroachments and other
matters which , in the judgment of a professional land surveyor, give rise to
alternate boundary locations resulting from occupational evidence or
prescriptive rights .
(s) Location , width , geometry, centerline , and names of all roads within and
adjoining the subdivision .
(t) Roads not dedicated to the public must be clearly marked .
( u) A reference to any covenants , conditions and restrictions .
(v) Dedication and declaration signature block.
(w) Acknowledgement blocks .
(x) Land surveyor's certificate , signature block and seal .
(y) County Engineer's certificate .
(z) County Health and Human Services Department certificate .
(aa) County Treasurer's certificate .
(bb) County Council's certificate .
(cc) County Auditor's certificate .
(dd ) Land surveyor notes .
(ee) Addresses as assigned by the county.
(3) Eleven sets of the above required information shall be submitted . The
Subdivision Administrator may require the applicant to submit the information in
an electronic format, and may reduce the number of required sets if provided in
an alternative format.
21 .06 .060 Final original drawing submittal
( 1 ) One original drawing .
(2) Two sets of covenants , conditions and restrictions .
(3) Maintenance bond for road and drainage improvements .
21 .06 . 070 Disclosures and notes
The following disclosures and notes , if applicable , shall be recorded in the County
Auditor's office and a statement identifying the subject and the auditor's file number for
each such instrument shall be on the final plat map under surveyor's notes prior to final
approval by the county:
( 1 ) Right to farm , right to practice forestry, mineral resource disclosures .
(2) Critical area notes and protective easements as required .
(3) Boundary discrepancies .
(4) Drainage maintenance agreement block.
(5) Road maintenance agreement block (private roads only) .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(6) Significant pipeline in vicinity disclosure when the subject property is within 660
feet of a pipeline shown on Map 12 , Chapter 5 of the Whatcom County Comprehensive
Plan .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 09
SURVEYS AND DEDICATIONS
21 .09 .020 Survey data .
The county engineer shall be furnished with a complete survey of the section or
sections in which the land division is located , or as much thereof as may be necessary
to properly orient the land division within the section or sections . The land division
survey shall be submitted with complete field and computation notes showing the
original or re-established corners with descriptions of same and the actual traverse
showing error or closure and method of balancing . Accuracy standards shall conform to
Chapters 18 .43 and 58 . 09 RCW and Chapter 332- 130 WAC . A copy of the final short
plat or plat shall be provided in an electronic format as required by the Subdivision
Administrator.
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Exhibit 1 - Land Division Ordinance
February 10, 2009
Chapter 21 . 10
DEFINITIONS
21 . 10 . 010 Interpretation .
( 1 ) The word "shall" is mandatory.
(2) The word "should " indicates that which is recommended but not required .
(3) The word "may" is permissive .
(4) The word "administrative official or director" means the director of planning and
development services or his or her designee .
(5) The word "county" means Whatcom County, Washington .
(6) The word "council " means the Whatcom County Council .
(7) The term "Technical Review Committee" means the designated representatives
of the Director of Planning and Development Services who shall act as
chairperson , the County Engineer and the Director of Health and Human
Services .
21 . 10 .020 Definitions .
( 1 ) "Accepted (Acceptance) for Review" means that an application has been
determined to contain all of the components required by the subject application
process . An application "Accepted for Review" will be reviewed to determine if it
is complete and accurate such that it will receive a Determination of
Completeness .
(2) "Approving authority" means the body or individual having the responsibility as
defined by this title to issue the final decision on a subdivision , short subdivision ,
binding site plan , or other property boundary action covered by this Title .
(3) " Binding site plan " means the combined documents of General and Specific
binding site plans , and processes and requirements thereof. Where appropriate
to the context, the term may also refer to the land to be divided . Binding site
plans are intended to provide flexibility for the following :
(a) Land divisions into lots zoned for industrial or commercial use ;
( b) Land divisions for the purpose of creating lease spaces in a mobile home
park or RV park when no other residential structures are permitted ; and
(c) Land divisions that result from subjecting a portion of a lot to condominium
ownership as provided in Chapters 64 . 32 or 64 . 34 RCW.
(4) " Boundary line adjustment" means a division made for the purpose of alteration
by adjusting boundary lines , between platted or unplatted lots or both , and meets
the requirements set forth in this title .
(5) "Community on-site sewage system " means an on-site sewage system (OSS)
that serves more than one parcel or residence and consists of a disposal area
(commonly referred to as the drainfield) , all OSS lines and appurtenances
including but not limited to pump stations , septic tanks , pretreatment devices and
diversion devices .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(6) "Cul-de-sac" means a road closed at one end by an area , usually circular, for
vehicular turnaround .
(7) " Dedication " means the deliberate appropriation of land by an owner for any
general and public use, reserving to oneself no rights other than those which are
compatible with the full exercise and enjoyment of the public use to which the
property has been devoted . Where appropriate to the context, "dedication " may
also refer to the land so appropriated .
(8) " Determination of Completeness" means that an application that has been
"Accepted for Review" has been reviewed and determined to be complete for
processing as provided by WCC 2 . 33 and 36 . 70B . 070 (2) .
(9) " Determination of Incompleteness" means that an application that has been
"Accepted for Review" has been reviewed and determined to not be complete for
processing as provided by WCC 2 . 33 and 36 . 70B . 070 ( 1 ) (b) .
( 10) " Easement" means a right granted for the use of certain areas or strips of land
for limited purposes . Where appropriate to the context, "easement" may also
refer to the land covered by the grant.
( 11 ) " Exempt land division" means a type of land division , specifically set forth in
these regulations , which does not require short subdivision , subdivision , or
binding site plan approval .
( 12) " Final plat" means the final drawing of a subdivision and dedication prepared for
filing for record with the county auditor, containing all elements and requirements
set forth in Chapter 58 . 17 RCW and in these regulations .
( 13) " Frontage" means that portion of a parcel adjacent to a public road .
( 14) "General binding site plan " means the final drawing of a binding site plan and
dedication prepared for filing for record with the county auditor, containing all
elements and requirements set forth in Chapter 58 . 17 RCW and in these
regulations , showing the overall boundary of the site . A general binding site plan
does not create individual lots or lease areas .
( 15) " Intervisible" means a monument that is within line of sight of two other
monuments .
( 16) " Land division " means the division or redivision of land into lots for the purpose
of sale , lease or transfer of ownership . Where appropriate to the context, the
term may also refer to the land so divided .
( 17) " Lease" means a grant of a limited interest in land so as to create a tenancy,
which is characterized by the right of possession under agreement between the
tenant and the landowner in consideration of a return of rent or other
recompense .
( 18) " Long plat" means the map or representation of a subdivision .
( 19) Long Subdivision . See "Subdivision . "
(20) " Lot" means a fractional part of divided lands having fixed boundaries . The term
shall include tracts or parcels .
(21 ) " Notice of preliminary approval" means the preliminary approval of a short
subdivision , after which the applicant prepares an original drawing for recording
and final approval . The notice of preliminary approval does not authorize the sale
of lots .
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Exhibit 1 - Land Division Ordinance
February 10 , 2009
(22) "Original drawing" means a drawing prepared in accordance with WAC 332-
130-050 .
(23) " Party of record " means any person , agency or entity entitled to receive notice
of application or decision under this title , or any person , agency or entity
providing written comments on any application received under this title .
(24) " Phased subdivision" means any subdivision consisting of lots intended for
phased development where the applicant intends to develop the subdivision in
stages , with each stage receiving final plat approval as completed .
(25) " Plat" means a map or representation of a subdivision showing the division of a
tract of land into lots , blocks , streets, roads , alleys , or other divisions and
dedications .
(26) " Property Boundary Action" means change of existing or creation of new
property boundaries covered by this Title . The term includes boundary
adjustments where no new properties are created , and all manner of
development that creates new property lines .
(27) " Preliminary plat" means a neat and approximate drawing of a proposed
subdivision showing the general layout of roads , alleys , lots , blocks and other
elements of a subdivision consistent with the requirements of these regulations
and Chapter 58 . 17 RCW. A preliminary plat shall be the basis for approval or
disapproval of the general layout of a subdivision .
(28) " Public water supply or system " means any system , excluding a system serving
only one single-family residence , providing piped water for human consumption
as defined by Chapters 246-290 or 246-291 WAC .
(29) "Sale" means the conveyance of the right of possession of land for an unlimited
period of time in consideration of the payment or promise of payment of money
or other compensation .
(30) "Short plat" means the map or representation of a short subdivision .
(31 ) "Short subdivision" means the division or redivision of land into four or fewer lots
for the purpose of sale , lease or transfer of ownership . Where appropriate to the
context , the term may also relate to the land so divided .
(32) "Site plan " means a scaled drawing which shows the appropriate level of detail
for the intended development of a site .
(33) "Specific binding site plan " means the final drawing of a binding site plan and
dedication prepared for filing for record with the county auditor, containing all
elements and requirements set forth in Chapter 58 . 17 RCW and in these
regulations , for the purpose of creating lots or lease spaces under the binding
site plan process .
(34) "Staking line" means a reference or control line , typically along a body of water
or top of bluff, showing its own relationship to the intersecting lot lines and
creating a mathematical closure for each of the intersecting lots . Permanent
markers are set at each of the intersections .
(35) "Subdivision " means the division or re-division of land into five or more lots for
the purpose of sale , lease or transfer of ownership . Where appropriate to the
context, the term may also refer to the land so divided .
(36) "Subdivider" means a person , including a corporate entity, who undertakes to
create a subdivision , short subdivision , or binding site plan .
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Exhibit 1 - Land Division Ordinance
February 10, 2009
(37) "Surveyor" means every person authorized to practice the profession of land
surveying. under the provisions of Chapter 18 .43 RCW, as now or hereafter
amended .
(38) " Urban growth area ( UGA)" means an area designated , within which urban
growth will be encouraged and outside of which growth can only occur if it is not
urban in nature . Urban growth areas around cities are designated by the county
in consultation with the cities ; urban growth areas not associated with cities are
designated by the county.
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