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HomeMy WebLinkAboutord2000-056WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2000 -160 CLEARANCES larval Date F Date Received in Council 0 errs Agenda Date Assi nedm: originator: Man W. Aarnol 3 -n _ I� 1% I� R'.P 28 2000 , :r 1�L 4(r Coo y G =Ur i�r{ 4 -4 -00 Council introduction Division Mead: Sylvia Goodwin < M 4 -18 -00 Planning & Development Committee /Council Interun Dept Mead: J.E Ryan >'2-00 fsE (i Ck)UNCIL, Prosecuor: Dave Grant ,yob 5-16-00 Pf-V coa�cl(- PurchasingBudgec / C 11741. 5 -30. � PE D Gp ui� CK_ Erecutise: Pere Kamen 1 10 -121 ou ��.1± SUBJECT: Ordinance adopting new Whalcam County Land Division Regulations (Title 21), repeaUngvX7sr1hg*WhW1ain County Subdivision Regulations (Tide 21), making minor amendments to the OJrcial " area m County Zoning Ordinance (Title 20), and making minor amendments to the Permit Review Procedures Ordinance(WCC 2.33). la PUB. BE.AWA C-MJ ID ATTACHMENTS: 9 -26- PuB• ►tenalN4 (1) Proposed Ordinance. 10-ID�00Lk�C� 10 -24- CI Nate: Planning Commission minutes and other background information are on file in the Council office 1 SEPA review required? ( x )Yes ( ) NO Should Clerk schedule a heariti�7 Z (- P� es NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: t The Council must hold a hearing if they want to change the Planning Commission's recommendation (RCW 36.70.630 ). SUMMARY STATEMENT: The request is to adopt a new version of the Distribution Request "&earn County Land Division Regulations (Title 21) and repeal the existing Whateom County Subdivision Regulations (Title 21). Additionally, minor amendments to the Official Whatcom County Zoning Ordinance (Title 20) and Indicate those who should receive a copy Per Council action. List iam is names to the right. the Permit Review Procedures Ordinance (WCC 2.33), incidental to the Title 11 ADS Fucatdes Management changes, are proposed. ADS Finanre The Title 21 regulations address exempt land divisions, shonpinls, subdivisions, binding site plans, boundary line adjustments, variances, surveys and other issues that relate to dividing property. The Technical Advisory Committee developed and re- evaluatedproposed Title 21 changes over a threeyearperiod The Planning Commission conducted meetings over a six -month period before issuing their final recommendations on March 9, 2000. The Council is requested to adopt the Planning Commission's recommendations or, alternatively, to hold a hearing and adopt modified wording. AW Rons n Resources ADS Info Santa" Asse , Auditor Cooperative EVension District Court F.recuave tledur Regina Delahunt travelog E rniner Michael Bobbink Jall COUNCIL ACTION TAKEN: Juwn& Parts 2000-160 4/412000: introduced 4/1812000: Held in committee l0 52 502000: Held in committee 0 5116 5/16/2000: Held in commiftee to 5/30 5/3012000: Held In committee to 6113 6113/2000: Not discussed- scheduled again for 6127 _ 6272000: Heldto7 /11 Rela 7/112000: Hearing la be held August 8th 8/62000: Revised Ord. to W Introduced 9/12, Hearing 9126 - - Related File Numbers: 4 -12- NEYJ OQ.D, �TQD )1 Planning J.E. Ryan Prosecutor Public Woks r Bruce Mills Sheriff Supe.tor Conn Treasurer purer Ordinance or Rollut'ouu N,uumbber C (this item): D (e�so W%010 O NJ / ✓�O I:PlanningVtezone \Title 2lWgenda -8i11� ��-D Il]"Za- 1-1�LD - 1i -19- u� D iN comMIr1EE III23- AMENOEA * ADOPTED 7-0 1 02D'�-=W `OSO He Ref. ZON9M0023 SPONSORED BY: Consent 11-2MO PROPOSED BY: Planning INTRODUCTION DATE: April a. 2000 ORDINANCE NO. 2000 -096 ADOPTING NEW WHATCOM COUNTY LAND DIVISION REGULATIONS (TITLE 21), REPEALING THE EXISTING WHATCOM COUNTY SUBDIVISION REGULATIONS (TITLE 21), AND MAKING MINOR MODIFICATIONS TO TITLE 2 AND TITLE 20 WHEREAS, the Technical Advisory Committee worked for three years developing and re- evaluating the Whatcom County Land Division Regulations; and WHEREAS, the Deputy SEPA Official for Whatcom County issued a determination of non - significance; and WHEREAS, notices of the Planning Commission hearings were published in the Bellingham Herald on August 26, 1999, October 14, 1999, December 30, 1999, and February 1, 2000; and WHEREAS, the Planning Commission conducting four public hearings, considered public testimony, and held two work sessions; and WHEREAS, The Planning Commission issued Findings of Fact & Reasons for Action, Conclusions and Recommendations on the amendments on March 9, 2000; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations; and WHEREAS, the County Council has conducted public hearings and made modifications to the Planning Commission's recommendation; and WHEREAS, the County Council finds that the subject amendments conform to the Growth Management Act, the State law governing adoption of local land division regulations (RCW 58.17), and the Whatcom County Comprehensive Plan; and WHEREAS, the County Council finds that the subject amendments are in the best interest of the public health, safety, and welfare, based on the following findings and conclusions: FINDINGS The Whatcom County Council adopts the following findings relating to the subject amendments: 1. From February 1997 to February 2000, the Technical Advisory Committee (TAC) and County staff worked on developing and re- evaluating new land division regulations. 2. A Determination of non - significance was issued under the State Environmental Policy Act (SEPA) on July 26, 1999. The SEPA Official reconfirmed this determination on March 17, 2000 and August 17, 2000. 3. Notices of the Planning Commission hearings for the subject amendment were published in the Bellingham Herald on August 26, 1999, October 14, 1999, December 30, 1999 and February 1, 2000. 4. The Planning Commission held public hearings on the subject amendment on September 9, 1999, October 28, 1999, January 13, 2000 and February 10, 2000. Work sessions were held on February 24, 2000 and March 9, 2000. The Planning Commission modified the TAC's proposal after considering public testimony. 5. The County Council held public hearings on August 8, 2000, September 26, 2000, and November 28, 2000 and made modifications to the Planning Commission's recommendation. 6. The Growth Management Act (GMA) establishes planning goals that are to guide local governments when adopting development regulations, such as land division ordinances (RCW 36.70A.020). 7. GMA planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans' (RCW 36.70A.020(3)). The subject amendment requires that short subdivisions, long subdivisions, and binding site plans provide adequate roads and pedestrian facilities for students who walk to school. Additionally, the subject amendment contains provisions that require long subdivisions and binding site plans to provide appropriate bicycle paths and transit stops. Therefore, the subject amendment encourages various modes of transportation. The subject amendment also requires that Cities be given notice of short subdivision, long subdivision and binding site plan applications that are within the Urban Growth Area. This will facilitate coordination with City transportation and land use planning. 8. GMA planning goal # 7 indicates that "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability." In 1995, the State Legislature passed a "regulatory reform" act under Engrossed Substitute House Bill 1724. The County implemented regulatory reform in 1996 by adopting Whatcom County Code (WCC) 2.33 "Permit Review Procedures." This Code outlines procedures and time frames for processing permits in the County. The subject amendment integrates these regulatory reform provisions into Title 21. 9. GMA planning goal # 8 is to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." The Right to Farm ordinance (WCC 14.02), Right to Practice Forestry ordinance (WCC 14.04) and Mineral Resource Land Disclosure ordinance (WCC 14.06) all require disclosures for land divisions when they are located near designated agricultural, forestry or mineral resource lands. These provisions have been incorporated into the subject amendment by referencing the requirement for these notes. 10. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." The subject amendment contains provisions that are aimed at assuring adequate public facilities and services will be available for development. 11. Whatcom County Comprehensive Plan Policy 5N -1 states that "Building permit applicants, new subdivisions and binding site plans will be required to provide evidence that adequate supplies of water are available prior to their approval by the County." This policy is implemented by the subject amendment, which requires that appropriate provisions have been made for potable water within long plats and binding site plans prior to approval. 12. The subject amendment also includes a provision that public water supplies be utilized in short plats and long plats if they are in an identified regional groundwater contamination area. 13. The subject amendment recognizes, references and implements RCW 58.17, which is the State law governing Plats, Subdivisions and Dedications. 14. The Growth Management Act, at RCW 36.70A.110(4) and RCW 36.70A.030(16) & (19), and Whatcom County Comprehensive Plan policies 2DD -2, 21DD -4, and 5Q -1 discourage the extension of sewer outside of urban growth areas unless there is a health hazard or environmental concern. Additionally, 1997 amendments to the Growth Management Act allow necessary public facilities, including sanitary sewer, in limited areas of more intensive rural development (RCW 36.70A.070(5)(d) and RCW 36.70A.030(12)). Additionally, Whatcom County Comprehensive Plan policies 2GG -8, 5Q -2 and 50-3 support sewer in the Small Town designation. The subject amendment implements these provisions of the GMA and County Comprehensive Plan by limiting the approval of land divisions located outside of Urban Growth Areas and Small Towns that rely on sewer extensions to those cases where there is a health hazard or environmental problem. CONCLUSIONS 1. The subject amendment is consistent with the planning goals of RCW 36.70A.020 and other sections of the Growth Management Act. 2. The subject amendment is consistent with the Whatcom County Comprehensive Plan's goals and policies relating to the division of land. 3. The subject amendment is consistent with State law governing adoption of local land division regulations (RCW 58.17). 4. The subject amendment will serve the public interest by providing clear regulations that address impacts associated with land divisions and by providing a framework for processing land divisions applications in a fair and timely manner. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The text of the Whatcom County Land Division Regulations (Title 21) is hereby adopted as shown on Exhibit 1. Section 2. The text of the Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown on Exhibit 2. Section 3. The text of the Permit Review Procedures Ordinance (WCC 2.33) is hereby amended as shown on Exhibit 3. Section 4. The text of the existing Whatcom County Subdivision Regulations (Title 21), originally adopted in 1985 under ordinance No. 85 -42 and subsequently amended at various times, is hereby repealed in its entirety. Section 5. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 28 day of November 2000. ATTEST: LLL �► APPROVED as to form: Civil De y Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Marlene Dawson, Chairperson pproved ( ) Denied Pete Kremen, Executive DatedG!�s �vloov Exhibit 1 WHATCOM COUNTY LAND DIVISION REGULATIONS TITLE 21 November 28, 2000 WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT BELLINGHAM, WASHINGTON Page 1 Title 21 Land Division Regulations November 28, 2000 Exhibit 1 WHATCOM COUNTY LAND DIVISION REGULATIONS TITLE 21 November 28, 2000 WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES DEPARTMENT BELLINGHAM, WASHINGTON WHATCOM COUNTY LAND DIVISION REGULATIONS Title 21 CHAPTER PAGE 21.01 Page 2 Title 21 Land Division Regulations VARIANCES, APPEALS AND AMENDMENTS November 28, 2000 WHATCOM COUNTY LAND DIVISION REGULATIONS Title 21 CHAPTER PAGE 21.01 GENERAL PROVISIONS 3 21.02 VARIANCES, APPEALS AND AMENDMENTS 7 21.03 EXEMPTIONS AND BOUNDARY LINE ADJUSTMENTS 9 21.04 SHORT SUBDIVISIONS (SHORT PLATS) 15 21.05 PRELIMINARY LONG SUBDIVISIONS (LONG PLATS) 23 21.06 FINAL LONG SUBDIVISIONS (LONG PLATS) 33 21.07 PRELIMINARY BINDING SITE PLANS 36 21.08 GENERAL AND SPECIFIC BINDING SITE PLANS 45 21.09 SURVEYS AND DEDICATIONS 49 21.10 DEFINITIONS 51 21.11 ENFORCEMENT 54 Administered by: WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES CHAPTER 21.01 GENERAL PROVISIONS 21.01.010 Title This Ordinance shall be known and may be cited as the Whatcom County Land Division Regulations. 21.01.020 Purpose The purpose of this Ordinance is: (1) To promote the public health, safety, and general welfare, and to protect the environment (2) To provide for proper application of Chapter 58.17 of the Revised Code of Washington (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 RCW 58.17 Plats- - Subdivisions-- Dedications. 21.01.040 Applicability This title shall apply to all land divisions including boundary line adjustments, short subdivisions, long subdivisions, binding site plans, exemptions and dedications hereafter established in the unincorporated area of Whatcom County. The following rules shall govern questions of precise applicability of these regulations to land divisions (1) 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. (2) Parcels of land legally divided prior to the effective date of this Ordinance (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. (3) Parcels of land divided in accordance with any plan for a future subdivision, or in accordance with or by reference to any recorded, unrecorded or vacated plat, shall be construed as comprising parts of a subdivision. (4) Portions intended for sale or lease shall be considered and counted as lots. Page 3 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.01 GENERAL PROVISIONS 21.01.010 Title This Ordinance shall be known and may be cited as the Whatcom County Land Division Regulations. 21.01.020 Purpose The purpose of this Ordinance is: (1) To promote the public health, safety, and general welfare, and to protect the environment (2) To provide for proper application of Chapter 58.17 of the Revised Code of Washington (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 RCW 58.17 Plats- - Subdivisions-- Dedications. 21.01.040 Applicability This title shall apply to all land divisions including boundary line adjustments, short subdivisions, long subdivisions, binding site plans, exemptions and dedications hereafter established in the unincorporated area of Whatcom County. The following rules shall govern questions of precise applicability of these regulations to land divisions (1) 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. (2) Parcels of land legally divided prior to the effective date of this Ordinance (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. (3) Parcels of land divided in accordance with any plan for a future subdivision, or in accordance with or by reference to any recorded, unrecorded or vacated plat, shall be construed as comprising parts of a subdivision. (4) Portions intended for sale or lease shall be considered and counted as lots. Page 4 Title 21 Land Division Regulations November 28, 2000 21.01.050 Interpretation, Conflict and Severability (1) In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements. (2) 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) 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 WCC 21.11. 21.01.070 Fees All application, exemption, appeal, or other fees associated with this Ordinance shall be as set forth in the Whatcom County Unified Fee Schedule. 21.01.080 Administrative Responsibilities The Director of the Planning and Development Services Department (hereinafter referred to as "Director") is designated as the responsible official for administering the provisions of these land division regulations. The Whatcom County Land Use Division 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 Whatcom County SEPA Official for environmental analysis, Whatcom County Engineering for survey, monumentation, engineering design, road, stotmwater management, drainage and utility improvements, and the form of plats and binding site plans; the Whatcom County Fire Marshal for fire - related issues; the Whatcom County Health and Human Services Department for water supply and waste disposal; and the Whatcom County Planning Division for comprehensive plan review and general site design. 21.01.090 Pre - Application Review For the purpose of expediting applications and reducing land division and site plan design and development costs, the applicant may request a pre - application conference in accordance with the requirements of WCC 2.33.030. 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. Additionally, for proposed land divisions within a city's urban growth area, County staff should recommend that the applicant contact the city prior to the pre - application meeting or, if a pre - application meeting is not held, prior to submittal of the land division application. (2) For the purpose of expediting applications, the applicant may request consolidated permit review in accordance with the requirements of WCC 2.33.100. 21.01.110 Complete Application All applications for subdivisions, binding site plans, short subdivisions, boundary line adjustments and other land divisions shall be reviewed for completeness in accordance with WCC 2.33.050. 21.01.120 Time Frames Applications shall be processed within the time frames stipulated in WCC 2.33. 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 impractical 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 Chapter 4 of the Whatcom County Development Standards. Page 5 Title 21 Land Division Regulations November 28, 2000 21.01.100 Application (1) The applicant is encouraged to seek assistance from the administrative official as to which approvals are required. The following applications may be filed: (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. (2) For the purpose of expediting applications, the applicant may request consolidated permit review in accordance with the requirements of WCC 2.33.100. 21.01.110 Complete Application All applications for subdivisions, binding site plans, short subdivisions, boundary line adjustments and other land divisions shall be reviewed for completeness in accordance with WCC 2.33.050. 21.01.120 Time Frames Applications shall be processed within the time frames stipulated in WCC 2.33. 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 impractical 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 Chapter 4 of the Whatcom County Development Standards. 21.01.150 Boundary Discrepancies (1) If, in accordance with State law, the Land Surveyor of record identifies a boundary discrepancy in a proposed short subdivision, preliminary long subdivision, or preliminary binding site plan, then the following shall occur: (a) The applicant shall mail notice that describes the nature and extent of the boundary discrepancy to all affected property owners within 10 days of submitting the application. A copy of the notice shall be submitted to the Whatcom County Division of Engineering. (b) The Whatcom County Technical Review Committee shall, within 10 days of the determination of completeness, determine whether the discrepancy affects any of the following factors: (i) Gross density; or (ii) Minimum lot size; or (iii) Access, drainage or other easements; or (iv) Reasonable use of the property. (2) If the Whatcom County Technical Review Committee determines that a boundary discrepancy affects any of the factors listed in (1)(b) above, then prior to approval of the land division application the applicant shall: (a) Acquire a boundary line agreement in accordance with WCC 21.03.060(1) with the owner of the property that is disputed; or (b) Obtain ajudicial decree, order orjudgement rendered by a court of competent jurisdiction resolving the boundary discrepancy. (3) As an alternative to acquiring a boundary line agreement or judicial decree as set forth in (2) above, the applicant may choose to redesign the proposed land division in a manner which does not utilize nor depend upon the area subject to the boundary discrepancy. The boundary discrepancy shall be noted on the face of the final long plat or short plat in accordance with RCW 58.17.255 or on the face of the binding site plan. (4) The administrative determination that a boundary discrepancy does or does not affect any of the factors listed in (1)(b) above may be appealed to the Hearing Examiner by any parry to the determination. The appeal will run concurrently with processing the land division application unless the applicant puts the application on hold. 21.01.160 City Urban Growth Areas City development standards shall be addressed, in accordance with adopted interlocal agreements, for land divisions located within a city's urban growth area. 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. Page 6 Title 21 Land Division Regulations November 28, 2000 21.01.150 Boundary Discrepancies (1) If, in accordance with State law, the Land Surveyor of record identifies a boundary discrepancy in a proposed short subdivision, preliminary long subdivision, or preliminary binding site plan, then the following shall occur: (a) The applicant shall mail notice that describes the nature and extent of the boundary discrepancy to all affected property owners within 10 days of submitting the application. A copy of the notice shall be submitted to the Whatcom County Division of Engineering. (b) The Whatcom County Technical Review Committee shall, within 10 days of the determination of completeness, determine whether the discrepancy affects any of the following factors: (i) Gross density; or (ii) Minimum lot size; or (iii) Access, drainage or other easements; or (iv) Reasonable use of the property. (2) If the Whatcom County Technical Review Committee determines that a boundary discrepancy affects any of the factors listed in (1)(b) above, then prior to approval of the land division application the applicant shall: (a) Acquire a boundary line agreement in accordance with WCC 21.03.060(1) with the owner of the property that is disputed; or (b) Obtain ajudicial decree, order orjudgement rendered by a court of competent jurisdiction resolving the boundary discrepancy. (3) As an alternative to acquiring a boundary line agreement or judicial decree as set forth in (2) above, the applicant may choose to redesign the proposed land division in a manner which does not utilize nor depend upon the area subject to the boundary discrepancy. The boundary discrepancy shall be noted on the face of the final long plat or short plat in accordance with RCW 58.17.255 or on the face of the binding site plan. (4) The administrative determination that a boundary discrepancy does or does not affect any of the factors listed in (1)(b) above may be appealed to the Hearing Examiner by any parry to the determination. The appeal will run concurrently with processing the land division application unless the applicant puts the application on hold. 21.01.160 City Urban Growth Areas City development standards shall be addressed, in accordance with adopted interlocal agreements, for land divisions located within a city's urban growth area. 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. Page 7 Title 21 Land Division Regulations November 28 2000 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 ordinance 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 ordinance so that the spirit of this ordinance shall be observed, and public safety and welfare secured. A variance may be granted only when all of the following circumstances listed in either criteria set A or criteria set B 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. Criteria Set A (1) That 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. (2) That 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. (3) That the granting of the variance will not be detrimental to the public health, safety, or welfare or injurious to other property. Criteria Set B (1) That 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. (2) 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. (3) 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. In granting variances and modifications, the Hearing Examiner or Technical Review Committee, as appropriate, may require such conditions as will in its judgement secure substantially the objectives of the requirements so varied. Page 8 Title 21 Land Division Regulations November 28 2000 21.02.020 Notification of Cities and Appeal Rights (1) 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. (2) Any order, requirement, permit decision or determination issued by Whatcom County shall include a notice to the applicant of his or her appeal rights. 21.02.030 Appeals (1) The Hearing Examiner shall have the authority to create a record, hear and decide, in conformity with this ordinance, appeals from any order, requirement, permit decision or determination made by an administrative official or committee in the administration or enforcement of this ordinance. 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 of the Official Whatcom County Zoning Ordinance. (2) 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 of the Official Whatcom County Zoning Ordinance. (3) 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 RC W 58.17 shall be given by at least one publication in a newspaper of general circulation in Whatcom County at least ten 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 ten calendar days prior to the hearing. Page 9 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.03 EXEMPTIONS 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 exemptions and boundary line adjustments. The procedure is intended to provide orderly and expeditious processing of such applications. 21.03.020 Exemptions The following land divisions are exempt from the provisions of this Ordinance except as noted or conditioned. All land divisions must be consistent with applicable zoning regulations. (1) Cemeteries and burial plots while used for that purpose. (2) Divisions of land made by testamentary provisions or the laws of descent. (3) Divisions of land into lots, none of which are smaller than twenty (20) acres or 1/32 of a section of land and not containing a dedication. Any further division below 20 acres or 1/32 of a section of land shall go through the appropriate long subdivision, short subdivision, or binding site plan procedure, except for exemptions under # 1 above. (4) Divisions of land into no more than four (4) lots, provided that all of the following conditions are met: (a) All lots are less than twenty (20) acres or 1/32 of a section of land, but not smaller than five (5) acres or 1/128 of a section of land. (b) The division does not contain a proposed dedication. (c) All lots in such divisions shall have access onto maintained public roads constructed to current minimum road standards for two -way traffic. (d) All lots in such divisions shall have at least 300 feet of frontage abutting maintained public Collector or Arterial roads or at least 150 feet of frontage abutting maintained public Minor, Local or General Access roads. All access points to public roads shall comply with county standards to provide for a safe physical access. Lot depth to road frontage ratio shall be no greater than 3:1. The 3:1 ratio shall also apply to the panhandle or flag stem portion of the parcel. Access points shall be shared wherever possible. (e) No private access road shall serve more than four lots. Page 10 Title 21 Land Division Regulations November 28. 2000 (f) A legal description and dimensional sketch of the proposed division, prepared by a Surveyor, is submitted to the Planning and Development Services Department for final approval and recordation. (g) No lots sold, leased or transferred using this exemption shall be re- divided within five years of the date of exemption certification except by long subdivision. (5) Divisions made for the purpose of lease for agricultural uses, provided that each such leased parcel is a minimum of £roe (5) acres or 1/128 of a section of land. The remaining portion of the parcel shall also be a minimum of five (5) acres or 1/128 of a section of land. This exemption authorizes leasing the parcel but shall not authorize the sale of the parcel. (6) A gift of land between grandparents, parents, spouses and children provided that all of the following conditions are met: (a) No more than four (4) lots are created; and (b) All of the lots created by the division and the remaining lot we a minimum of five (5) acres or 1/128 of a section of land; and (c) The new lots must be created from a legal lot of record that existed as of the effective date of this ordinance; and (d) A covenant shall be placed upon the instrument of conveyance stating that no further exempt divisions may be created from any of the lots. Furthermore, the covenant shall state that no short plat may be created from any of the lots within five years. After this five year period, any further division of the lot that was given as a gift or the remaining lot shall go through the appropriate long subdivision, short subdivision, or binding site plan procedure; and (e) Legal ingress and egress access of record is provided to the lot created by the gift exemption. (7) Divisions of land for environmental mitigation, conservation or restoration provided that all of the following conditions are met: (a) All lots are a minimum of five (5) acres or 1/128 of a section of land. (b) Except as provided in subsection (c), all lots shall be used exclusively for: (i) Environmental mitigation required under local, state or federal law; or (ii) 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. 21.03.030 Pre - Approval Applicants may request that their proposed exempt land division be reviewed by the Director and pre- approved using forms supplied by the Planning and Development Services Department. A deed history obtained from the County Auditor's records or from a title company shall accompany said pre - approval application. 21.03.040 Certificate of Exemption A certificate of exemption shall be obtained from the Planning and Development Services Department for exemptions under Paragraphs 2, 3, 4, 6, and 7 of above Section 020. A certificate of exemption 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. An exempt land division does not occur and is not considered approved until said instrument has been duly stamped exempt and filed for record. Page 11 Title 21 Land Division Regulations November 28 2000 (c) 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 (d) below. (d) A permanent covenant acceptable to the Director of Planning and Development Services shall be recorded against each lot, except as provided in subsection (c) above. This covenant shall state the following: (i) The lot shall be used exclusively for environmental mitigation, conservation or restoration. (ii) The lot shall not be further divided. (iii)New structures not necessary for environmental mitigation, conservation or restoration including residential, commercial and industrial development shall be prohibited. (iv)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. (e) A legal description and a record of survey 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. (i) 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 comply with county development standards to provide for a safe physical access. 21.03.030 Pre - Approval Applicants may request that their proposed exempt land division be reviewed by the Director and pre- approved using forms supplied by the Planning and Development Services Department. A deed history obtained from the County Auditor's records or from a title company shall accompany said pre - approval application. 21.03.040 Certificate of Exemption A certificate of exemption shall be obtained from the Planning and Development Services Department for exemptions under Paragraphs 2, 3, 4, 6, and 7 of above Section 020. A certificate of exemption 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. An exempt land division does not occur and is not considered approved until said instrument has been duly stamped exempt and filed for record. Page 12 Title 21 Land Division Regulations November 28 2000 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 exemption. 21.03.060 Boundary Line Adjustments The purpose of this section is to provide a method for summary approval of boundary line adjustments between lots of record, as defined by WCC 20.97.220, which do not create any additional lot, tract, parcel, site or division, while insuring that such lot boundary adjustment satisfies public concerns of health, safety, and welfare. (1) If the purpose of the adjustment is to resolve a dispute over the location of a point or line or identify the same in accordance with RCW 58.04.007(1), then the Department of Planning and Development Services shall approve such boundary line adjustment within 30 days of the submittal of a properly prepared application if it finds that: (a) The purpose of the division is to adjust a boundary line between platted or unplatted lots or both done to resolve a bona fide dispute over the location of a point or line in accordance with RCW 58.04.007(1) which is evidenced by a affidavits submitted by the effected property owners attesting to the same; (b) The existence of the bona fide dispute is further evidenced in the recitals in the boundary agreement executed in accordance with the requirements of RCW 58.04.007(1); (c) If the existing boundary is readily ascertainable, the boundary line adjustment sought constitutes a nominal (i.e., minor or insignificant) movement of the existing boundary; (d) No increase in the number of building sites will result from the adjustment, unless the land is subsequently divided in accordance with zoning and land division laws; (e) If the division results in a lot that contains insufficient area and dimensions to meet currently existing minimum requirements for width and area for a building site, or if either parcel is already less than the required minimum and would be further reduced as a result of the proposed boundary line adjustment, then: Absent ajudicial order or decree establishing the new boundary line, the owner(s) of a lot which is reduced in size shall execute and record a covenant which shall run with the land acknowledging the fact the adjustment has reduced the size of the lot and this voluntary reduction constitutes a self - imposed hardship for the purposes of seeking any future variance should the variance sought be predicated upon the reduction resulting from the adjustment. (f) All documents required by RCW 58.04.007(1) and any deeds, including legal descriptions prepared by a land surveyor, transferring title to property necessary to effectuate the adjustment have been properly executed and recorded. Page 13 Title 21 Land Division Regulations November 28 2000 (2) If the adjustment is the result of ajudicial order or decree, the adjustment shall be approved within 30 days so long as no additional lot is created and the Department of Planning and Development Services is presented with an order or decree issued by a court of competent jurisdiction which establishes or relocates the boundary as requested by the applicant and said application is accompanied by all deeds and conveyances necessary to give effect to said order or decree. (3) If the adjustment sought is not undertaken to resolve a dispute nor the result of a judicial order or decree, then the Department of Planning and Development Services shall give written pre - approval to the applicant of a boundary line adjustment within 30 days of the submittal of a properly prepared application if it finds that: (a) The purpose of the division is to adjust boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division; (b) The division does not create any lot that contains insufficient area and dimensions to meet minimum requirements for width and area for a building site; (c) No road is altered, vacated or dedicated; (d) The proposed boundary line adjustment will not create a new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry or other safety concerns, as determined by the County Engineer; and (e) No on -site sewage disposal system, water line, or water supply is negatively impacted, unless suitable mitigation including, but not limited to the giving of utility easements, is provided to the satisfaction of Whatcom County. (4) Upon receiving pre - approval under subsections (2) or (3) above, the applicam(s) shall have prepared all maps, and instruments of conveyance as required below: (a) A deed, with a legal description, conveying that property necessary to effectuate the adjustment and a map for all boundary line adjustments. (b) After final approval and signature by the County, the boundary line adjustment including the above - described final map and instruments of conveyance shall be recorded with the County Auditor. (5) If the application is denied, a notice specifying the reasons for the denial shall be sent to the applicant within 30 days of the application. Page 14 Title 27 Land Division Regulations November 28 2000 21.03.070 Inactive Applications An applicant may place an exemption or boundary line adjustment application, which has not yet received final approval, on hold for a cumulative maximum of two years. After the two years, the County shall continue processing the application and either approve or deny the application. This two -year 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. 21.03.080 Requirements for a Fully Completed Application for Exemptions and Boundary Line Adjustments Requirements for a fully completed application must be provided in order to vest an application. (1) WRITTEN DATA AND FEES ❑ Name, address and phone number of land owner, applicant, and contact person. ❑ Intended uses. ❑ Title report (only required for boundary line adjustments). ❑ Assessor's parcel number (of the parent parcel). ❑ Fees as specified in the Unified Fee Schedule. (2) MAP DATA ❑ Name of land owner. ❑ Name of proposed land division (if an original drawing is prepared). ❑ General layout of proposed land division. ❑ Common language description of the general location of the land division. ❑ Approximate locations of existing roads. ❑ Approximate locations of existing utilities and infrastructure (only required for boundary line adjustments). ❑ Vicinity map. ❑ Common engineering map scale /north arrow /sheet numbers (on each sheet containing a map). ❑ Section, township, range, and municipal and county lines in the vicinity. ❑ General boundaries of the site with general dimensions shown. ❑ Legal description of the land. 21.03.090 Original Drawing If an original drawing is prepared, the following items shall be submitted (these items are not required to vest an application): ❑ Original drawings of acceptable sizes (18" x 24" to 24" x 24 "). ❑ Two map copies made from original drawings (i.e. "blue- lines" or "black - lines "). ❑ Date of original and significant revisions. Page 15 Title 21 Land Division Regulations November 28, 2000 CHAPTER 21.04 SHORT SUBDIVISIONS 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. The procedure is intended to provide orderly and expeditious processing of such applications. 21.04.020 Requirement to Obtain Short Subdivision Approval All divisions of land into four or fewer parcels shall require short subdivision approval from Whatcom County unless: (1) The division is specifically classified as an exemption or boundary line adjustment under WCC 21.03; or (2) The division has received long subdivision approval as required under WCC 21.03.020(4)(8) or WCC 21.04.040; or (3) The division has received binding site plan approval under WCC 21.07 and WCC 21.05. 21.04.030 Short Subdivision Procedure Approval of a Short Subdivision is normally a two step process that involves notice of preliminary approval and final approval. Notice of preliminary approval includes initial review of the application to determine if the short plat is acceptable in concept, identification of relevant issues, formulation of appropriate conditions that must be satisfied prior to final approval, and issuance of written findings. Notice of preliminary approval does not authorize selling lots or offering lots for sale. Final approval includes resolution of all issues, satisfaction of the conditions outlined in the notice of preliminary approval, preparation of a survey, construction of required improvements (or posting securities for these improvements), and filing an original drawing with the County Auditor. Lots may be sold or offered for sale only after the original drawing is filed for record with the County Auditor. The notice of preliminary approval and final approval processes may be combined into a single process if all the information required by 21.04.150 and 21.04.160 is submitted simultaneously. (1) Notice of Preliminary Approval (a) Any applicant requesting approval of a proposed short subdivision as defined in this ordinance shall submit to the Planning and Development Services Department copies of the items required in section 21.04.150 of this ordinance, together with a complete application form and the prescribed fee. Page 16 Title 21 Land Division Regulations November 28. 2000 (b) Upon receipt and review of a properly prepared and complete application the County shall schedule and immediately notify the applicant and the appropriate city, if the proposed land division is located within that city's urban growth area, of the time and place of the Technical Review Committee meeting at which the application will be considered. The Technical Review Committee shall meet in public session, hold an informal hearing, consider the proposed short subdivision and make a recommendation to the Director. The Director may waive the requirement for the Technical Review Committee meeting if all issues can adequately be addressed without such a meeting. (c) 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 administrative official shall give written notice of the application to the Washington State Department of Transportation. This written notice shall include a legal description of the short subdivision and a location map. (d) An applicant may place a short subdivision application, which has not yet received a notice of preliminary approval, on hold for a cumulative maximum of two years. After the two years, the County shall continue processing the application and either approve or deny the application. This two -year 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. (e) The Director shall, within 30 days of the date of submittal of a complete application, issue a notice of preliminary approval, issue a notice of requirements to continue processing, or deny the application. (f) Preliminary approval of a short subdivision shall be accompanied by written findings by the County that: (i) 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 (ii) The short subdivision is in conformity with applicable land division, zoning, critical areas, and other land use regulations. (2) Final Approval (a) The applicant shall submit the original drawing within five years of receiving the notice of preliminary approval. The Director may grant a one -year extension upon the request of the applicant, if the applicant agrees to comply with current Whatcom County Development Standards. If the applicant fails to submit the original drawing within these time frames, the County shall proceed to deny final approval of the short subdivision. Page 17 Title 21 Land Division Regulations November 28 2000 (b) The applicant shall submit a current title report, issued no more than 60 days prior to the Director signing the original drawing of the short plat. 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). (c) 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 Director shall sign the original drawing of the short plat within 30 days. If right of way is dedicated, the County Engineer shall also sign the original drawing, accepting the dedication. The Surveyor of Record shall then immediately file said original drawing with the County Auditor, at which point it shall be deemed "approved." 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 interlocal agreements. (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. 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. Page 18 Title 21 Land Division Regulations November 28 2000 21.04.070 Public Dedications The dedication of public road rights -of -way and/or easements within the short subdivision may be required to the extent that such dedication is suitable to and reasonable for the needs anticipated by full development of the short subdivision. 21.04.080 Easements (1) Easements shall be provided where applicable for development related facilities. (2) All easements shown on short 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 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 A public water supply, including services to each lot, shall be provided for every short subdivision, except as follows: (1) For residential short subdivisions, multiple public water supplies, including services to each lot, may be provided if needed to supply adequate water capacity as required by the Health and Human Services Department. (2) For residential short subdivisions, private water supplies may be utilized under the following circumstances: (a) All lots served by the private water supplies are £roe 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 groundwater contamination that exceeds State standards and that has been identified by the Director of Health and Human Services and confirmed by the Board of Health; and Page 19 Title 21. Land Division Regulations November 28. 2000 (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 % mile of an existing water purveyor's water lines: (i) The water cannot be provided to the applicant within 120 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 days. If a public water supply is required, all the requirements of WAC 246 -290 Group A Public Water Systems or WAC 246 -291 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. (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. Page 20 Title 21 Land Division Regulations November 28 2000 21.04.120 Short Subdivision Vacation and Alteration The vacation and alteration of a short subdivision shall be processed in accordance with RCW 58.17.212 and .215 respectively when the alteration or vacation involves a public dedication. All other vacations and alterations shall be approved by the Director (alterations to lot lines may be accomplished through the boundary line adjustment process). 21.04.130 Survey of Outer Boundary of Site A short plat prepared and certified by a Professional Land Surveyor in accordance with WCC 21.09.010 shall be submitted with the Design and Construction Drawings. 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 lots(s) created by a short subdivision shall be issued or allowed until all necessary infrastructure improvements as specified by Title 21 have been met. 21.04.150 Requirements for a Fully Completed Application for Short Subdivisions Requirements for a fully completed application must be provided in order to vest an application. (1) WRITTEN AND OTHER DATA AND FEES ❑ Name, address and phone number of owner(s), applicant, and contact person ❑ Intended uses ❑ List of variances and waivers requested ❑ General written proposal of water supply and sewage disposal method ❑ Preliminary Drainage Proposal ❑ Preliminary Traffic Analysis ❑ Assessor's parcel number (of the parent parcel) ❑ Fees as specified in the Unified Fee Schedule (2) MAP DATA ❑ Name of owner(s) ❑ Name of proposed land division ❑ General layout of proposed land division ❑ Common language description of the general location of the land division ❑ Approximate locations of existing roads, utilities, and infrastructure ❑ Vicinity map ❑ Six copies of proposed short plat map with at a common engineering scale with north arrow and sheet numbers (on each sheet containing a map) ❑ Section, township, range and municipal and county lines in the vicinity ❑ General boundaries of the site with general dimensions shown ❑ General direction and degree of slope ❑ Legal description of the land ❑ Means of proposed water service and sewage disposal Page 21 r 21 Land Division Regulations November 28 2000 ❑ Means of proposed access (including proposed improvements to on -site and off -site roadways) ❑ Other proposed on -site and off -site utilities and facilities ❑ Location of existing roads, rights -of -way, buildings, parking, and drainage on -site or contiguous to the site ❑ Where appropriate, location of natural features, including bodies of water, natural drainage areas, critical areas, and buffers ❑ Location of existing facilities, sanitation and water facilities, easements (where appropriate) ❑ Existing and proposed street names ❑ Names or numbers of any adjacent divisions ❑ Sequential numbers or letters to all lots within the short subdivision 21.04.160 Final Review and Submittal Final Review and Submittal items are not required to vest an application. (1) REVIEW SUBMITTAL ❑ Six copies of the original drawing of acceptable sizes (18" x 24') ❑ Name of Short Subdivision ❑ Legal description of the land ❑ Common engineering scale, north arrow, and sheet numbers ❑ Date of original and significant revisions ❑ The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field ❑ The location, width, centerline, and name of all roads within and adjoining the land division ❑ Final survey of boundary of the land division with complete bearings and lineal dimensions ❑ The location of all monuments or other evidence used as ties to establish the land division's boundaries ❑ The location of all permanent control monuments found and established at the controlling comers of the parcel being divided and within the land division ❑ The length and bearing of all straight lines, the radii, area and semi - tangents of all curves ❑ The location and width of all easements, shown with broken lines, and a description of the purpose of the easement (including beneficiary) ❑ Existing and proposed road names ❑ The location of all permanent wells and associated protective zones, municipal boundaries, section lines, township lines, and meander lines ❑ A reference to any covenants or restrictions (two copies for county review) ❑ Signature block for persons with ownership interest (declaration) and dedication block, if appropriate ❑ Land Surveyor's Certificate ❑ County Engineer Certificate (if a rights -of -way dedication is made) ❑ Director of Planning & Development Services' Certificate ❑ County Auditor's Certificate ❑ Tide report ❑ Letter from the Health and Human Services Department approving water supply and sewage disposal method ❑ Lot closures ❑ A separate map scaled at P-400' for the assignment of addresses (2) FINAL SUBMITTAL ❑ Original drawing (in reproducible format) with executed signature block of persons with ownership interest ❑ Title report update or copy of title report issued no more than 60 days prior to the Director signing the original drawing ❑ Addresses as assigned by the County The above sections can be combined into one submittal if the applicant so chooses 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 for each such instrument shall be on the final short plat map under surveyor's notes prior to final approval by the County: ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies ❑ protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements. Page 22 Title 21 Land Division Regulations November 28 2000 (2) FINAL SUBMITTAL ❑ Original drawing (in reproducible format) with executed signature block of persons with ownership interest ❑ Title report update or copy of title report issued no more than 60 days prior to the Director signing the original drawing ❑ Addresses as assigned by the County The above sections can be combined into one submittal if the applicant so chooses 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 for each such instrument shall be on the final short plat map under surveyor's notes prior to final approval by the County: ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies ❑ protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements. Page 23 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.05 PRELIMINARY LONG SUBDIVISIONS 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. 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: (1) The division is specifically classified as an exemption or boundary line adjustment under WCC 21.03; or (2) The division has received binding site plan approval under WCC 21.07 and WCC 21.08. 21.05.030 Subdivision Procedure (1) Preliminary Approval of Subdivision Plans (a) The applicant seeking preliminary subdivision approval shall submit to the administrative official copies of the materials stipulated in WCC 21.05.120. (b) Upon receipt of a complete application and the payment of fees, the Department of Planning and Development Services shall: (1) Provide notification in accordance with WCC 2.33.060; (it) Notify those agencies required by RCW 58.17.080; (iii) Notify a City when the subdivision is within that City's Urban Growth Area and notify agencies potentially having jurisdiction relevant to the application. Such Cities and agencies shall be given 15 calendar days to respond. If they do not respond within 15 days, the administrator, SEPA Official and Technical Review Committee may conclude their review of the application without such comments. (c) Upon review of the application the County shall schedule and immediately notify the applicant and the appropriate city, if the proposed land division is located within that city's urban growth area, of the time and place of the Technical Review Committee meeting at which the application will be considered. (d) Before the Technical Review Committee meeting, the County shall review the application and prepare preliminary recommendations for: (1) Staff recommendation and Proposed County Conditions -of- Approval for the project if applicable; (ii) Any additional data required to complete the review of the application; and (iii) Appropriate time extensions required allowing the applicant to provide additional information. Page 24 Title 21 Land Division Regulations November 28 2000 (e) At the Technical Review Committee meeting, members of the Technical Review Committee shall present and discuss the County's preliminary findings with the applicant. These findings shall include County recommendations and proposed County Conditions -of- Approval. The Technical Review Committee shall also provide the applicant with a written request detailing 1) Any additional data or information required, 2) Why such data is required and 3) Proposed time extensions to allow the applicant to revise the application or collect additional data. Should the applicant object to either the substance or timing of requirements for additional information, the applicant may appeal these requests to the Whatcom County Hearing Examiner. This appeal must be made within 14 calendar days of the Technical Review Committee meeting or all information requests shall be binding. (f) Within 14 calendar days after the Technical Review Committee meeting (or within 14 calendar days of receiving requested information from the applicant), the Technical Review Committee 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. (g) 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 WCC 20.92. (h) Approval of a preliminary long subdivision shall be accompanied by written findings of fact and conclusions that: (i) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainage ways, stormwater management, streets or roads, pedestrian and bicycle paths, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including 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 subdivision and dedication; and (it) The proposal is in conformity with the Whatcom County Comprehensive Plan, applicable land division, zoning, critical areas, other land use regulations, and RCW 58.17. Page 25 Title 21 Land Division Regulations November 28 2000 (2) Within 30 calendar days of preliminary long subdivision approval, the applicant shall 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. The Hearing Examiner shall review the revised preliminary plat and, if it complies with the terms of preliminary plat approval, the Hearing Examiner, property owner and Surveyor shall sign the four copies of the revised preliminary plat. 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. (3) Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, and similar quasi - judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. All subdivision proposals accompanied by a major project permit or planned unit development application will be processed in a procedure consistent with and subordinate to the major project permit or planned unit development requirements. (4) An applicant may place a preliminary long subdivision application, which has not yet been approved, on hold for a cumulative maximum of two years. After the two years, the County shall continue processing the application and either approve or deny the application. This two -year 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. (5) Expiration and Time Extensions for Preliminary Plats (a) Approval of a preliminary subdivision shall become invalid unless a final plat is submitted in proper form for final plat approval within five (5) years of the date of preliminary subdivision approval. This expiration date may be extended as follows: (i) An applicant files a written request with the Whatcom County Council prior to expiration of the five (5) year expiration period. (ii) The Whatcom County Council shall have authority to grant three one -year extensions subsequent to the original preliminary plat approval. Each one- year extension may be granted if after taking into consideration technical, economic and other matters beyond the control of the applicant the Council finds that there is reasonable justification for the granting of an extension. In granting each one -year extension the Council may take into considerations such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. The Council may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, or development standards, or portion thereof, that the Council Page 26 Title 21 Land Division Regulations November 28. 2000 deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County Council prior to expiration of preliminary long subdivision approval. (b) As an alternative to being subject to the expiration and time extension rules in (a) above, an applicant may seek approval of a phasing plan at the time of preliminary subdivision approval. A preliminary subdivision that has been approved with a phasing plan shall expire ten (10) years from the date of preliminary approval unless Whatcom County establishes a different expiration period at the time of preliminary approval. Each phase submitted after five (5) 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 interlocal agreements. (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. 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 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. Page 27 Title 21 Land Division Regulations November 26 2000 (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 WAC 246- 366. 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. Page 28 Title 21 Land Division Regulations November 28 2000 21.05.080 Water Supply A single public well or single public water supply, including services to each lot, shall be provided for every subdivision, except as follows: (1) For residential subdivisions, multiple public wells or public water supplies, including services to each lot, may be provided if needed to supply adequate water capacity as required by the Health and Human Services Department. (2) For residential subdivisions, 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 groundwater contamination that exceeds State standards and that has been identified by the Director of Health and Human Services 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 %p mile of an existing water purveyor's water lines: (i) The water cannot be provided to the applicant within 120 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 days. If a public water supply is required, all the requirements of WAC 246 -290 Group A Public Water Systems or WAC 246 -291 Group B Public Water systems must be met prior to final plat approval. Page 29 Title 21 Land Division Regulations November 28 2000 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. (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. Page 30 Title 21 Land Division Regulations November 28 2000 21.05.120 Requirements for a Fully Completed Application for Preliminary Long Subdivisions Requirements for a fully completed application must be provided in order to vest an application. (1) WRITTEN AND OTHER DATA AND FEES ❑ Seven copies of written data ❑ Completed application form ❑ Name, address and phone number of owner(s), applicant, and contact person ❑ The names, addresses and telephone numbers of the involved engineers, surveyors, and consultants ❑ Intended uses ❑ List of variances and waivers requested ❑ Names and addresses of all persons, firms, and corporations holding legal interests in the land, such as easements, of which the applicant has knowledge ❑ Assessor's parcel number (of the parent parcel) ❑ List of names and addresses of owners of property within 300' of site's boundaries (based on the latest Assessor's equalized tax roll), together with corresponding parcel numbers and assessor's parcel map. ❑ Proposed covenants, conditions, and restrictions (CC &R's) ❑ SEPA checklist ❑ Preliminary stormwater proposal, preliminary traffic analysis, utility, critical area study, 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 ❑ Brief statement covering the number of lots, proposed uses of lots, method of water supply and sewage disposal, approximate road length, total acreage, percentage of total acreage used for roads, lots, open space and other uses, and average lot size and number of lots per gross acre ❑ Fees as specified in the Unified Fee Schedule (2) MAP DATA ❑ Acceptable map size is 24" x 24" to 24' x 36" ❑ Seven map copies of map proposal ❑ Date of revisions, if any ❑ Name of owner ❑ Name, address, and telephone number of the surveyor or consultant preparing the map proposal ❑ Name of proposed land division ❑ Names or numbers of any adjacent divisions ❑ General layout of proposed land division ❑ Approximate locations of existing utilities, infrastructure, roads, drainage and rights of way within 300' of the boundary of the proposed land division ❑ Vicinity map at a scale not less than 1" =2000' ❑ Common engineering scale (1" = 100' or larger), sheet numbers, and north arrow ❑ Section, township, range, municipal and county lines in the vicinity ❑ Location of monuments and fences located by any boundary survey and the date of the survey Page 31 Title 21 Land Division Reaulations November 28. 2000 ❑ General boundaries of the site with general dimensions shown, perimeter boundary marked with a bold line ❑ Legal description of the land being subdivided ❑ Proposed access (including proposed improvements to on -site and off -site roadways) ❑ Other proposed on -site or off -site utilities and facilities ❑ The location and widths of all proposed roads, rights -of -way, and easements ❑ When appropriate, location of natural features, including bodies of water, natural drainage areas, critical areas, and buffers ❑ Location of buildings, and parking on -site or contiguous to the site ❑ General location of existing and proposed facilities, sanitation, and water facilities, easements (where appropriate), landscaping, common areas, and phasing boundaries ❑ 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. ❑ Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for school, park, playground, well site or other use ❑ Sequential numbers to all lots within subdivision and identify proposed phases ❑ Base flood elevation, where applicable 21.05.130 Additional Information for Preliminary Long Subdivisions Additional information is not required for vesting, but is required prior to County processing of the application. ❑ Title report ❑ Written verification, as applicable, from agencies attesting to the availability of ✓ Water supply ✓ Sewage disposal ✓ Fire protection service ✓ Public school system ❑ Code compliance checklist for Title 20 and Title 21, on a forth provided by the County, including: ✓ Project area ✓ Area in lots, square feet, and percentage of total ✓ Zoning designation and zone density ✓ Number of lots ✓ Average lot size, area, and maximum lot size ✓ Area of streets, area in right -of -way, and percentage of total ✓ Area of parks, open space, and percentage of total ✓ Area of impervious surface proposed ✓ Soil types and classifications ✓ Utility service types and name of provider ✓ School and fire district ❑ Boundary survey, prepared and certified by a Professional Land Surveyor Page 32 Title 21 Land Division Regulations November 28 2000 ❑ Additional reports, as required, prepared by qualified professionals may include the following: ✓ Traffic Study ✓ Stormwater Design Report ✓ Soils and/or Geological Report ✓ Wetlands Delineation and/or Report ✓ Soil testing results for pesticides for subdivisions on land historically used for raising row crops ❑ Topographic map of sufficient contour interval, acceptable to the County Engineer or Director of Planning and Development Services, or his /her designee, to show the topography of the land to be subdivided. Page 33 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.06 FINAL LONG SUBDIVISIONS 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 subdivisions. The procedure is intended to provide orderly and expeditious processing of such applications. 21.06.020 Final Approval of Subdivisions (1) An applicant requesting final approval of a subdivision shall submit to the administrative official copies of the materials specified in WCC 21.06.050. The request shall be accompanied by a statement from the County Engineer that Whatcom County has accepted as complete all on -site and off -site improvements required by the conditions of preliminary plat approval, or has received cost estimates and performance guarantees to assure completion thereof. (2) The applicant shall submit a current title report issued no more than 60 days prior to the County Council Chairman 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 for approval shall be accompanied by a recommendation for approval or disapproval from the Planning and Development Services Department as to compliance with the terms of preliminary plat approval. Prior to making its recommendation, the Planning and Development Services Department 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 stating that the final plat conforms to all terms of the preliminary subdivision approval, meets the requirements of RCW 58.17 and other applicable state laws, and meets the requirements of Title 21 that were in effect at the time of vesting of the preliminary plat application. Page 34 Title 21 Land Division Regulations November 28 2000 (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 County Council, 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 The vacation and alteration of subdivisions shall be in accordance with RCW 58.17.212 and .215 respectively. 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 guaranteeing completion of the work. No occupancy permit, final inspection, or use of the lots(s) created by a subdivision shall be issued or allowed until all necessary infrastructure improvements as specified by Title 21 have been met. 21.06.050 Requirements for a Fully Completed Application for Final Long Subdivisions (1) WRITTEN AND OTHER DATA AND FEES ❑ Name, address, and phone number of owner, applicant, and contact person ❑ A separate map scaled at 1" = 400' for assignment of addresses. ❑ Lot closures for the parcel being subdivided, each lot, and any dedicated right of way ❑ Title report issued no more than 60 days old ❑ Copies of Covenants, Conditions & Restrictions ❑ As -Built drawings for road and drainage improvements ❑ Fees as specified in the Unified Fee Schedule (2) MAP DATA ❑ Final plat size is 24" x 24" ❑ Seven copies of proposed original drawing ❑ Name of owner (s) ❑ Name of proposed long subdivision ❑ Section, township, range, and municipal and county lines within the vicinity ❑ Common engineering map bar scale (1" = 100' or larger), north arrow, legend, and sheet numbers ❑ Perimeter of the subdivision shall be depicted with heavier lines ❑ File number of the preliminary plat ❑ Existing and proposed street names Page 35 Title 21 Land Division Regulations November 28 2000 ❑ Legal description of the land being subdivided ❑ All lot and tract areas ❑ Vicinity map ❑ Names and numbers of any adjacent subdivisions, short subdivisions, and binding site plans ❑ Complete bearings, lineal dimensions, radii, arcs, and central angle of all lines and curves of any lot or boundary lines within the subdivision ❑ Location of permanent control monuments used as ties to establish boundary of subdivision, basis of bearing, and line held ❑ Type and location of monuments and the date set ❑ Sequential numbers of all lots in the subdivision, including all of its phases ❑ Location and width of all easements shown as dashed lines, and a description of the purpose of the easement (including beneficiary) ❑ 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. ❑ Location, width, geometry, centerline, and names of all roads within and adjoining the subdivision ❑ Roads not dedicated to the public must be clearly marked ❑ A reference to any Covenants, Conditions & Restrictions ❑ Dedication and declaration signature block ❑ Acknowledgement blocks ❑ Land Surveyor's certificate, signature block and seal ❑ County Engineer's certificate ❑ County Health and Human Services Department certificate ❑ County Treasurer's certificate ❑ County Council's certificate ❑ County Auditor's certificate ❑ Land Surveyor Notes 21.06.060 Final Original Drawing Submittal ❑ Two original drawings ❑ Two sets of Covenants, Conditions & Restrictions ❑ Maintenance bond for road & drainage improvements ❑ Addresses as assigned by the County 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: ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies ❑ Protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements. Page 36 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.07 PRELIMINARY BINDING SITE PLANS 21.07.010 Purpose The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of preliminary binding site plans. The procedure is intended to provide orderly and expeditious processing of such applications. 21.07.020 Binding Site Plan Alternative As an altemative to applying for short subdivision or long subdivision approval, an application for binding site plan approval may be submitted for the following: (1) Land divisions into lots zoned for industrial or commercial use; (2) 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 (3) Land divisions that result from subjecting a portion of a lot to condominium ownership as provided in RCW 64.32 or 64.34. 21.07.030 Binding Site Plan Procedure (1) Preliminary Approval of Binding Site Plans (a) The applicant seeking preliminary binding site plan approval shall submit to the administrative official copies of the materials stipulated in WCC 21.07.120. (b) Upon receipt of a complete application and the payment of fees, the Department of Planning and Development Services shall: (i) Provide notification in accordance with WCC 2.33.060. (ii) Notify a City when the binding site plan is within that City's Urban Growth Area and notify agencies potentially having jurisdiction relevant to the application. Such Cities and agencies shall be given 15 calendar days to respond. If they do not respond within 15 days, the administrator, SEPA Official and Technical Review Committee may conclude their review of the application without such comments. (c) Upon review of the application the County shall schedule and immediately notify the applicant and the appropriate city, if the proposed land division is located within that city's urban growth area, of the time and place of the Technical Review Committee meeting at which the application will be considered. (i) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainage ways, stormwater management, streets or roads, pedestrian and bicycle paths, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including 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 binding site plan and dedication; and (ii) The proposal is in conformity with applicable land division, zoning, critical areas and other land use regulations. Page 37 Title 21 Land Division Regulations November 28 2000 (d) Before the Technical Review Committee meeting, the County shall review the application and prepare preliminary recommendations for: (1) Staff recommendation and Proposed County Conditions -of- Approval for the project if applicable; (ii) Any additional data required to complete the review of the application; and (iii) Appropriate time extensions required allowing the applicant to provide additional information. (e) At the Technical Review Committee meeting, members of the Technical Review Committee shall present and discuss the County's preliminary findings with the applicant. These findings shall include County recommendations and proposed County Conditions -of- Approval. The Technical Review Committee shall also provide the applicant with a written request detailing 1) Any additional data or information required, 2) Why such data is required and 3) Proposed time extensions to allow the applicant to revise the application or collect additional data. Should the applicant object to either the substance or timing of requirements for additional information, the applicant may appeal these requests to the Whatcom County Hearing Examiner. This appeal must be made within 14 calendar days of the Technical Review Committee meeting or all information requests shall be binding. (f) Within 14 calendar days after the Technical Review Committee meeting (or within 14 calendar days of receiving requested information from the applicant), the Technical Review Committee 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. (g) 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 WCC 20.92. (h) Approval of a preliminary binding site plan shall be accompanied by written findings that: (i) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainage ways, stormwater management, streets or roads, pedestrian and bicycle paths, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including 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 binding site plan and dedication; and (ii) The proposal is in conformity with applicable land division, zoning, critical areas and other land use regulations. Page 38 Title 21 Land Division Regulations November 28 2000 (2) Within 30 calendar days of preliminary binding site plan approval, the applicant shall submit four copies of a revised preliminary binding site plan. These revised drawings shall depict 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 binding site plan. The Hearing Examiner shall review the revised preliminary binding site plan and, if it complies with the terms of preliminary binding site plan approval, the Hearing Examiner, property owner and Surveyor shall sign the four copies of the revised preliminary binding site plan. Once signed, one copy of the revised preliminary binding site plan 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. (3) Unless an applicant for preliminary binding site plan approval requests otherwise, a preliminary binding site plan shall be processed simultaneously with applications for rezones, variances, planned unit developments, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. All preliminary binding site plan proposals accompanied by a major project permit or planned unit development application will be processed in a procedure consistent with and subordinate to the major project permit or planned unit development requirements. (4) An applicant may place a preliminary binding site plan application, which has not yet been approved, on hold for a cumulative maximum of two years. After the two years, the County shall continue processing the application and either approve or deny the application. This two -year 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. (5) Expiration and Time Extensions (a) Approval of a preliminary binding site plan shall become invalid unless a general binding site plan and all specific binding site plans are submitted in proper form for approval, within five (5) years of the date of preliminary binding site plan approval. This expiration date may be extended as follows: (i) An applicant files a written request with the Whatcom County Council prior to expiration of the five (5) year expiration period. (ii) The Whatcom County Council shall have authority to grant three one -year extensions subsequent to the original preliminary plat approval. Each one -year extension may be granted if after taking into consideration technical, economic and other matters beyond the control of the applicant the Council finds that there is reasonable justification for the granting of an extension. In granting each one- year extension, the Council may take into considerations such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. The Council may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, development standards, or portion thereof, Page 39 Title 21 Land Division Regulations November 28 2000 that the Council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County Council prior to expiration of preliminary binding site plan approval. (b) As an alternative to being subject to the expiration and time extension roles in (a) above, an applicant may seek approval of a phasing plan at the time of preliminary binding site plan approval. A preliminary binding site plan that has been approved with a phasing plan shall expire ten (10) years from the date of preliminary approval unless Whatcom County establishes a different expiration period at the time of preliminary approval. Each phase submitted after five (5) 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. 21.07.040 Development Requirements (1) All binding site plans 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 interlocal agreements. (2) Improvements are required to be installed and completed by the subdivider prior to general or specific binding site plan approval, unless security is provided under WCC 21.08.030. (3) Improvements and other requirements shall be provided to the extent that each specific binding site plan 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. 21.07.050 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 binding site plan 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 general or specific binding site plan, unless security is provided under WCC 21.08.030. (3) Minor and local access roads should discourage through traffic. Page 40 Title 21 Land Division Regulations November 28 2000 (4) All binding site plans 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 binding site plan. (6) Public road rights -of -way and/or easements shall be extended to the boundaries of binding site plans 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 binding site plan when in compliance with the Whatcom County Development Standards. 21.07.060 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 binding site plan. Dedicated school sites must meet the requirements of WAC 246 -366. 21.07.070 Easements (1) Easements shall be provided where applicable for development related facilities. (2) All easements shown on binding site plans 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 binding site plan. (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. Page 41 Title 21 Land Division Regulations November 28 2000 21.07.050 Water Supply - Health Requirement A single public well or single public water supply, including services to each lot, shall be provided for every binding site plan, except as follows: For mobile home parks and RV parks, multiple public wells or public water supplies, including services to each lease space, may be provided if needed to supply adequate water capacity as required by the Health and Human Services Department. All requirements of WAC 246 -290 Group A Public Water Systems or WAC 246 -291 Group B Public Water Systems must be met prior to specific binding site plan approval. 21.07.090 Sewage Disposal (1) Within Urban Growth Areas, public sewer shall be required in binding site plans 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, binding site plans 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 specific binding site plan approval. 21.07.100 Fire Protection Binding site plans 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. Title 27 Land Division Regulations Page 42 Nove be 28 2000 21.07.110 Modifications to Approved Preliminary Binding Site Plans (1) The Technical Review Committee may approve minor changes to a preliminary binding site plan. 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 binding site plan must be maintained. (2) The Hearing Examiner or County Council, whichever approved the original preliminary binding site plan, may approve major changes to the binding site plan. 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 binding site plan. 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. 21.07.120 Requirements for a Fully Completed Application for Preliminary Binding Site Plans Requirements for a fully completed application must be provided in order to vest an application. (1) WRITTEN AND OTHER DATA AND FEES ❑ Seven copies of written data ❑ Completed application to= ❑ Name, address and phone number of owner(s), applicant, and contact person ❑ The names, addresses and telephone numbers of the involved engineers, surveyors, and consultants ❑ Intended uses ❑ List of variances and waivers requested ❑ Names and addresses of all persons, firms, and corporations holding legal interests in the land, such as easements, of which the applicant has knowledge ❑ Assessor's parcel number (of the parent parcel) ❑ List of names and addresses of owners of property within 300' of site's boundaries (based on the latest Assessor's equalized tax roll), together with corresponding parcel numbers and assessor's parcel map ❑ Proposed covenants, conditions, and restrictions (CC &R's) ❑ SEPA checklist ❑ Preliminary stormwater proposal, preliminary traffic analysis, utility, critical area study, 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 ❑ Brief statement covering the number of lots, proposed uses of lots, method of water supply and sewage disposal, approximate road length, total acreage; percentage of total acreage used for roads, lots, open space and other uses, and average lot size and number of lots per gross acre. ❑ Fees as specified in the Unified Fee Schedule Page 43 Title 21 Land Division Regulations November 28 2000 (2) MAP DATA ❑ Acceptable map size is 18" x 24" to 24' x 36" ❑ Seven map copies of map proposal ❑ Date of revisions, if any ❑ Name of owner ❑ Name, address, and telephone number of the surveyor or consultant preparing the map proposal ❑ Name of proposed binding site plan ❑ Names or numbers of any adjacent divisions ❑ General layout of proposed land division ❑ Approximate locations of existing utilities, infrastructure, roads, drainage and rights of way within 300' of the boundary of the proposed land division ❑ Vicinity map at a scale not less than 1" = 2000' ❑ Common engineering scale (1" = 100' or larger), sheet numbers, and north arrow ❑ Section, township, range, municipal and county lines in the vicinity ❑ Location of monuments and fences located by any boundary survey and the date of the survey ❑ General boundaries of the site with general dimensions shown, perimeter boundary marked with a bold line ❑ Legal description of the land being subdivided ❑ Proposed access (including proposed improvements to on -site and off -site roadways) ❑ Other proposed on -site or off -site utilities and facilities ❑ The location and widths of all proposed roads, rights -of -way, and easements ❑ When appropriate, location of natural features, including bodies of water, natural drainage areas, critical areas, and buffers ❑ Location of buildings, and parking on -site or contiguous to the site ❑ General location of existing and proposed facilities including; sanitation, water service, easements, landscaping, common areas, phasing boundaries, and (for mobile home and RV parks) typical details of individual lease spaces ❑ Existing and proposed street names ❑ 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. ❑ Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for school, park, playground, well site or other use ❑ Sequential numbers to all lots within binding site plan and identify proposed phases Page 44 Title 21 Land Division Regulations November 28 2000 21.07.130 Additional Information for Preliminary Binding Site Plans Additional information is not required for vesting, but is required prior to County processing of the application. ❑ Title report ❑ Written verification, as applicable, from agencies attesting to the availability of ✓ Water supply ✓ Sewage disposal ✓ Fire protection service ✓ Public school system ❑ Code compliance checklist for Title 20 and Title 21, on a form provided by the County, including: ✓ Project area ✓ Area in lots, square feet, and percentage of total ✓ Zoning designation and zone density ✓ Number of lots ✓ Average lot size, area, and maximum lot size ✓ Area of streets, area in right -of -way, and percentage of total ✓ Area of parks, open space, and percentage of total ✓ Area of impervious surface proposed ✓ Soil types and classifications ✓ Utility service types and name of provider ✓ School and fire district ❑ Boundary survey, prepared and certified by a Professional Land Surveyor ❑ Additional reports, as required, prepared by qualified professionals may include the following: ✓ Traffic Study ✓ Stormwater Design Report ✓ Soils and/or Geological Report ✓ Wetlands Delineation and/or Report ✓ Soil testing results for pesticides for binding site plans on land historically used for raising row crops ❑ Topographic map of sufficient contour interval, acceptable to the County Engineer or Director of Planning and Development Services, or his/her designee, to show the topography of the land to be subdivided. Page 45 Title 21 Land Division Reauiations November 28 2000 CHAPTER 21.08 GENERAL AND SPECIFIC BINDING SITE PLANS 21.08.010 Purpose The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of general and specific binding site plans. The procedure is intended to provide orderly and expeditious processing of such applications. 21.08.020 Final Approval of General and Specific Binding Site Plans (1) An applicant requesting final approval of a general and/or specific binding site plan shall submit to the administrative official copies of the materials specified in WCC 21.08.050. The request shall be accompanied by a statement from the County Engineer that Whatcom County has accepted as complete all on -site and off-site improvements required by the conditions of preliminary binding site plan approval, or has received cost estimates and performance guarantees to assure completion thereof. (2) The applicant shall submit a current title report issued no more than 60 days prior to the Director signing the general or specific binding site plan original drawing. The owner of record and the Surveyor of record shall sign the general or specific binding site plan original drawing prior to filing it for record with the County Auditor. (3) The General Binding Site Plan that will be filed with the County Auditor 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, drainage and surface water management facilities, and other physical improvements required by the conditions of preliminary binding site plan 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 Director stating that the general binding site plan conforms to all terms of the preliminary binding site plan approval, the requirements of RCW 58.17 and other applicable state laws, and meets the requirements of Title 21 that were in effect at the time of vesting of the preliminary binding site plan application. Page 46 Title 21 Land Division Regulations November 28 2000 (4) Each Specific Binding Site Plan 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; (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 Director stating that the specific binding site plan conforms to all terms of approval of the preliminary and general binding site plan, the requirements ofRCW 58.17 and other applicable state laws, and meets the requirements of Title 21 that were in effect at the time of vesting of the preliminary binding site plan application. (5) General and specific binding site plans shall be approved, disapproved, or returned to the applicant with corrections within 30 days of submittal to the County, unless the applicant consents to an extension of such time period. (6) The Whatcom County Auditor shall not accept a binding site plan for filing until the approving authorities have approved it, 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, two original drawings of the General or Specific Binding Site Plan 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. 21.08.030 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 lots(s) created by a binding site plan shall be issued or allowed until all necessary infrastructure improvements as specified by Title 21 have been met. 21.08.040 Binding Site Plan Vacation and Alteration The vacation and alteration of a binding site plan shall be processed in accordance with RC W 58.17.212 and .215 respectively when the vacation or alteration involves a public dedication. Other vacations and alterations shall be approved by the Hearing Examiner, except for alterations to lot lines, which may be accomplished through the boundary line adjustment process. Page 47 Title 21 Land Division Regulations November 28 2000 21.08.050 Requirements for a Fully Completed Application for General Binding Site Plans and Specific Binding Site Plans (1) WRITTEN AND OTHER DATA AND FEES ❑ Name, address, and phone number of owner, applicant, and contact person ❑ A separate map scaled at 1" = 400' for assignment of addresses. Addresses assigned by the County shall be shown on the original drawing prior to filing with the County Auditor ❑ Lot closures for the parcel being subdivided, each lot, and any dedicated right of way ❑ Title report issued no more than 60 days old ❑ Copies of Covenants, Conditions & Restrictions ❑ As -Built drawings for road and drainage improvements ❑ Any fees as specified in the Unified Fee Schedule (2) MAP DATA ❑ General or specific binding site plan size is 18" x 24" ❑ Seven map copies from original drawings ❑ Name of owner(s) ❑ Name of the binding site plan ❑ Section, township, range, and municipal and county lines within the vicinity ❑ Common engineering map bar scale (1" = 100' or larger), north arrow, legend, and sheet numbers ❑ Perimeter of the binding site plan shall be depicted with heavier lines ❑ File number of the preliminary binding site plan ❑ Existing and proposed street names ❑ Legal description of the land being divided ❑ All lot and tract areas ❑ Vicinity map ❑ Names and numbers of any adjacent subdivisions, short subdivisions, and binding site plans ❑ Complete bearings, lineal dimensions, radii, arcs, and central angle, of all lines and curves of any lot or boundary lines within the binding site plan ❑ Location of all permanent control monuments found and established at the controlling comers of the parcel being divided and within the land division ❑ Location of all monuments or other evidence used as ties to establish the land divisions boundaries and the basis of bearing ❑ Type and location of monuments and the date set ❑ Sequential numbers assigned to all lots (Specific Binding Site Plans only) ❑ Location and width of all easements shown as dashed lines, and a description of the purpose of the easement (including beneficiary) ❑ 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 ❑ Location, width, geometry, centerline, and names of all roads within and adjoining the binding site plan ❑ Identify and locate all utilities, permanent wells and associated protective zones ❑ Roads not dedicated to the public, must be clearly marked ❑ A reference to any Covenants, Conditions & Restrictions ❑ The statement required under RC W 58.17.040(7)(e) Page 48 Title 21 Land Division Regulations November 28 2000 ❑ Dedication and declaration signature block ❑ Acknowledgement blocks ❑ Surveyor's certificate, signature block and seal ❑ County Engineer's certificate ❑ Director of Planning & Development Services certificate ❑ County Health and Human Services Department certificate ❑ County Treasurer's certificate ❑ County Auditor's certificate ❑ Land Surveyor Notes 21.08.060 Final Original Drawing Submittal ❑ Two original drawings ❑ Two sets of Covenants, Conditions & Restrictions ❑ Maintenance bond for road & drainage improvements 21.08.070 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 general binding site plan and each specific binding site plan original drawing under surveyor's notes prior to final approval by the County: ❑ Right to farm, right to practice forestry, mineral resource disclosures ❑ Critical area notes ❑ Boundary discrepancies ❑ Protective covenants, conditions & restrictions ❑ Drainage maintenance agreement block ❑ Road maintenance agreement block (private roads only) ❑ Late comers agreements Page 49 Title 21 Land Division Regulations November 28 2000 CHAPTER 21.09 SURVEYS AND DEDICATIONS 21.09.010 Plats, Short Plats and Binding Site Plans The survey and preparation of every final plat, short plat and general and specific binding site plan shall be made by or under the direct supervision of a Washington State Professional Land Surveyor. All surveys shall conform to RCW 18.43, 58.09, and WAC 332 -130. 21.09.020 Survey Data The County Engineer shall be famished 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 comers with descriptions of same and the actual traverse showing error or closure and method of balancing. Accuracy standards shall conform to RCW 18.43, 58.09, and WAC 332 -130. 21.09.030 Area Data The Surveyor shall provide data as to the area of each lot smaller than one acre to the nearest square foot, the area of each lot one acre or larger to the nearest one hundredth of an acre, and the area of the entire subdivision, short subdivision, or general binding site plan to the nearest one hundredth of an acre. 21.09.040 Control Monuments (1) Permanent control monuments shall be established in accordance with Whatcom County Development Standards, and shall conform to RCW 58.17.240, and shall be placed at: (a) All exterior comers on the boundaries of the original parcel being divided. For phased developments monuments shall be placed at all intersections of the phase lines and the exterior boundary. (b) The intersections of centerlines of rights-of-ways within the land division. (c) At the beginning and ends of curves on centerlines of rights -of -way. (2) An alternative plan of intervisible monuments may be proposed by the Surveyor subject to the approval of the County Engineer. 21.09.050 Road Monuments Permanent control monuments within the streets shall be set after the roads are constructed to final grade. Page 50 Title 21 Land Division Regulations November 28 2000 21.09.060 Lot Corners Every lot corner shall be marked by a permanent marker as approved by the County Engineer, except where extreme terrain necessitates establishment of a staking line. 21.09.070 Waterfront If any land in a subdivision, short subdivision, or binding site plan is contiguous to a body of water, a staking line shall be established along the shore at an appropriate distance back from the ordinary highwater mark. Property lying beyond the staking line shall be defined by distances along the side property lines extended from the staking line. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey. 21.09.080 Security The County Engineer may permit the placing of permanent control monuments and lot comers after filing of the final plat, short plat or binding site plan, provided the applicant ensures that: (1) Securities (of 150% of the estimated cost) guaranteeing completion of said surveying within one year shall be posted in an acceptable form and amount; and (2) Temporary surveyed and referenced markers are placed prior to filing of the plat, short plat, or binding site plan; and (3) A certificate by a Surveyor that is tied to the securities and states that the said surveying will be completed within one yew is filed with the County Auditor; and (4) A certificate by a Surveyor that states that the said surveying has been completed is filed within one year with the County Auditor. 21.09.090 Dedications The owner shall provide evidence of his or her intent to dedicate by presenting for filing a final long plat, short plat or binding site plan showing the dedication thereon. The acceptance by the public shall be evidenced by: (1) The approval of a final long plat for filing by the County Council. (2) The approval of a short plat or binding site plan for filing by the County Engineer for road right -of -way purposes. (3) The approval of a short plat or binding site plan for filing by the County Council for purposes other than road right -of -way dedications. Page 51 Title 21 Land Division Regulations November 28 2000 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 local Director of Health and Human Services. 21.10.020 Definitions (1) APPROVING AUTHORITY. Approving authority shall mean the body or individual having the responsibility as defined by this Title to issue the final decision on a subdivision, short subdivision, or binding site plan. (2) BINDING SITE PLAN. The combined documents of preliminary, general and specific binding site plans, and processes and requirements thereof are defined as the binding site plan. 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 RCW 64.32 or 64.34. (3) COMMUNITY ON -SITE SEWAGE SYSTEM. An on -site sewage system (OSS) that serves more than one parcel or residence in the plat, short plat or binding site plan 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. (4) CUL -DE -SAC. A road closed at one end by an area, usually circular, for vehicular turnaround. (5) DEDICATION. The deliberate appropriation of land by an owner for any general Page 52 Title 21 Land Division Regulations November 28 2000 (5) DEDICATION. 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. (6) EASEMENT. 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 (7) EXEMPTION. A type of land division, specifically set forth in these regulations, which does not require short subdivision, subdivision, or binding site plan approval. (8) FINAL PLAT. 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 RCW 58.17 and in these regulations. (9) FRONTAGE. That portion of a parcel adjacent to a public road. (10) GENERAL BINDING SITE PLAN. 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. (11) INTERVISIBLE. A monument that is within line of sight of two other monuments. (12) LAND DIVISION. 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. (13) LEASE. 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. (14) LONG PLAT. The map or representation of a subdivision. (15) LONG SUBDIVISION. See Subdivision. (16) LOT. A fractional part of divided lands having fixed boundaries. The teem shall include tracts or parcels. (17) NOTICE OF PRELIMINARY APPROVAL. 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. (18) ORIGINAL DRAWING. A drawing prepared in accordance with WAC 332 -130- 050. (19) PHASED SUBDIVISION. 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. (20) PLAT. 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. (21) PRELIMINARY BINDING SITE PLAN. A neat and approximate drawing of a proposed binding site plan showing the general layout of roads, alleys, and other ele- ments of a binding site plan consistent with the requirements of these regulations and RCW 58.17. A preliminary binding site plan shall be the basis for approval or disapproval of the overall layout of general binding site plans. Page 53 Title 21 Land Division Regulations November 28 2000 (22) PRELIMINARY PLAT. 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 RCW 58.17. A preliminary plat shall be the basis for approval or disapproval of the general layout of a subdivision. (23) PUBLIC WATER SUPPLY OR SYSTEM. Any system, excluding a system serving only one single - family residence, providing piped water for human consumption as defined by WAC 246 -290 or WAC 246 -291. (24) SALE. 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. (25) SHORT PLAT. The map or representation of a short subdivision. (26) SHORT SUBDIVISION. 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. (27) SITE PLAN. A scaled drawing which shows the appropriate level of detail for the intended development of a site. (28) SPECIFIC BINDING SITE PLAN. 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. (29) STAKING LINE. 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. (30) SUBDIVISION. The division or redivision 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. (31) SUBDIVIDER. A person, including a corporate entity, who undertakes to create a subdivision, short subdivision, or binding site plan. (32) SURVEYOR Shall mean every person authorized to practice the profession of land surveying under the provisions of RCW 18.43, as now or hereafter amended. (33) URBAN GROWTH AREA (UGA). 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. Page 54 Title 21 Land Division Reaulations November 28 2000 CHAPTER 21.11 ENFORCEMENT 21.11.010 Violations No land comprising any part of a proposed land division in the unincorporated area of Whatcom County shall be sold, leased, or offered for sale or lease unless approved under this ordinance. Any person being the owner or agent of the owner of such land who shall sell, lease, or offer for sale or lease any lot or portion thereof shall be guilty of a gross misdemeanor. Each sale or lease, or offer for sale or lease shall be a separate and distinct offense for each separate lot or portion of said land. 21.11.020 Court Order Any person who violates any court order or injunction issued pursuant to this Ordinance shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for not more than ninety (90) days, or both. 21.11.030 Remedies The Prosecuting Attorney shall have access to all remedies provided in Chapter 58.17 RCW, and may also act to enjoin any further sale, lease offer or negotiation. The Prosecuting Attorney may sue to have the records of any sale or lease made in violation removed from the records of the County Auditor, the County Treasurer and the County Assessor, and sue for the costs of any such action in addition to a penalty for each offense. planningkexone \Title 2BExbibit I.dw Exhibit 2 Amend the Rural Forestry chapter of the Official Whatcom County Zoning Ordinance (WCC 20.42) as follows: 20.42.310 Lot clustering. The purpose of lot clustering is to provide a method of creating economical building lots with spatially efficient sizes. Clustering is intended to reduce development cost, increase energy efficiency and reserve areas of land which are suitable for agriculture, forestry, open space or possible future development. Creation of exempt cluster and reserve tracts may be exempt from standard subdivision process if exemptions requirements in WCC 21.03.02001 21.12.030(1) (minimum 20 -acre parcel division) are met, however, the creation of new building lots within the exempt cluster tract or reserve tract, pursuant to this section, shall be governed by the following recommended design standards:... (no change to remainder of this section). Amend the Hearing Examiner chapter of the Official Whatcom County Zoning Ordinance (WCC 20.92) as follows: 20.92.210 Final decisions. The hearing examiner shall conduct open record hearings and prepare a record thereof, and make a final decision upon the following matters: f64h in IaTnn 21 .2&940 nnn v,.... hoA plat.. (12) Appeals from any orders, requirements, permit, decision or determination made by an administrative official or committee in the administration of this ordinance or the Whatcom Comity Land Division Regulation , (23) Appeals from a decision of the administrator of the Shoreline Management Program. (34) Applications for zoning ordinance conditional use permits. (43) Applications for variances from the terms of the zoning ordinance. (56) Applications for shoreline management substantial development permits not accompanied by a major project permit when an open record hearing is required. (¢7) Applications for variances from the terms of the Whatcom County Shoreline Management Program. (28) Applications for Shoreline Management Program conditional use permits. ($9) Applications for flood damage prevention variances. (94-0) Appeals from SEPA determinations of significance, of nonsignificance, and mitigated determinations of nonsignifrcance. ( 044) Preliminary subdivisions and subdivision variances. (114 -2) Preliminary binding site plan proposals. (1244) Application for variances from the provisions of WCC Title 22. 1 of 2 (1344) Revocation proceedings involving previously approved zoning conditional use permits, shoreline management substantial project permits and shoreline conditional use permits. (1413) Applications to continue operations of nonconforming adult businesses pursuant to WCC 20.83.015. (146) Appeals of decisions relating to water service issues under section 9.2 of the Coordinated Water System Plan. 20.92.211 Administrative appeals — Appeal period. Appeals to the hearing examiner on the subjects listed in WCC 20.92.210(1)-, and (2) and (3) must be filed within 14 calendar days of the date of administrative determination. 20.92.510 Subdivisions The County Council shall process each recommended decision for subdivisions consistent with the procedure set forth in Title 21 "'^^ ^inn nn 2of2 Exhibit 3 Amend the section of the "Permit Review Procedures" ordinance (WCC 2.33.090(c)) that specifies when the County does not have to process a permit within the 90 or 120 day time limit (depending on the type of permit) as follows: C. The time limits established by WCC 2.33.090.A and B shall not apply to a project permit application that: 1. Requires an amendment to the Whatcom County comprehensive plan or a development regulation in order to obtain approval. 2. Requires approval of a new fully contained community as provided in RC W 36.70A.350, a master planned resort as provided in RC W 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200. 3. Is substantially revised by the applicant, including all redesigns of proposed land divisions pursuant to WCC 21.01.150, in which case a new time period shall start from the date at which the revised project application is determined to be complete.