HomeMy WebLinkAboutord1985-0421
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INTRODUCED .BY Consent
PROPOSED BY Council
DATE May 16, 1985
ORDINANCE NO. 85 -42
AN ORDINANCE ADOPTING A NEW TITLE 21 WHICH {PILL
REVISE THE SUBDIVISION REGULATIONS TO PROVIDE
FOR BINDING SITE PLANS, CONSISTENT WITH STATE
LAW AND COUNTY PLANS AND ZONING STANDARDS; AND
TO MODIFY VARIOUS SECTIONS REFLECTIVE OF CURRENT
SUBDIVISION ADMINISTRATION AND PRACTICES
WHEREAS, Chapter 58.17 of R.C.W. provides for the promulgation
of subdivision regulations by counties to promote the public health
safety and general welfare in accordance with standards establishe
by the state of Washington; and
WHEREAS, Whatcom County has had subidivision regulations since
1971 under Whatcom County Code Title 8; and
. WHEREAS, R.C.W. 58.17 specifically provides for the expedi-
tious review and approval of proposed subdivisions which conform
to comprehensive plans and zoning standards; and
WHEREAS, the Whatcom County Planning Commission has conducted
numerous citizen forums since 1981 to publicly discuss the subdivi-
sion process; and
WHEREAS, as a result of this proceeding, the Whatcom County
Planning Commission has developed a comprehensive subdivision
regulations code section which is previously codified as Title 8,
but which should be re- codified as Title 21 in that Whatcom County
Code does have an existing Title 8, which is Health and Safety; and
WHEREAS, it-would be in the public's best interest that the
Whatcom County Council adopt the findings, reasons and motion of
the Whatcom County Planning Commission, which recommends passage
of the new Title 21; and
WHEREAS, after public hearing the Planning Commission did
pass the subdivision ordinance and make the required findings,
reasons and motion and have submitted them to the Whatcom County
ORDINANCE - 1.
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Council; and
WHEREAS, these findings, reasons and motion, as well as the
exhibits, are incorporated by reference into this ordinance as if
fully set forth herein,
NOW, THEREFORE, BE IT ORDAINED that the proposed subdivision
regulations Title 21 attached to this ordinance as Exhibit "A"
will result in the promotion of the public health, safety and
general welfare, as well as promote the expeditious review and
approval of proposed subdivisions that conform to the Comprehensive
Plan and Zoning Standards and should therefore be adopted.
BE IT FURTHER ORDAINED that the subdivision regulations shall
be found in Title 21 of the Whatcom County Code.
ADOPTED this 6th day of June , 1985.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
(ATTEST:
Carol Ebergson
Clerk of the Coun it
APPROVED AS TO FORM:
William P. Roehl
Chairman
( Approved ( ) Vetoed
[�- 3&LL
Shirley VOi Zante
County Executive
Date signed by Executive: 6/7/85.
Randall J. � a is
Deputy Pros ing Attorney
Published on May 22
This ordinance becomes effective on
961"1 I \AW[40�4
& June 12, 1985
June 17, 1985
EXHIBIT A
WHATCOM COUNTY SUBDIVISION REGULATIONS
TITLE 21
CHAPTER
21.04
PURPOSES
21.08
DEFINITIONS
21.12
SCOPE
21.16
ADMINISTRATION
21.20
SUBDIVISION
21.24
DESIGN
21.28
SHORT SUBDIVISIONS
21.30
BINDING SITE PLAN
21.32
REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
21.36
SURVEYS
21.40
PLAT STANDARDS
21.44
VARIANCES
21.46
LEGAL PROVISIONS
ORDINANCE ADOPTION TITLE 21
Prepared By:
WHATCOM COUNTY PLANNING DEPARTMENT
Administered By:
WHATCOM COUNTY
BUREAU OF BUILDINGS & CODE ADMINISTRATION
284 W. KELLOGG ROAD, SUITE D
BELLINGHAM, WASHINGTON 98226
206 - 676 -6907 County: 398 -1666
PAGE
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TITLE 21
PURPOSES
SECTIONS:
21.04.010
21.04.020
21.04.030
21.04.040
21.04.010
FINDINGS
ENACTMENT
PURPOSES
TITLE
FINDINGS
The Whatcom County Council finds that:
CHAPTER 21.04
PURPOSES
Promotion of public health, safety, and general welfare requires the division of land to proceed In
accordance with standards to prevent overcrowding of land and provide adequate light and air, to
promote effective use of land; to promote safe and convenient travel; to lessen congestion in the
streets and highways and provide proper Ingress and egress; to provide for the expeditious review
and approval of proposed subdivisions which conform to zoning standards and local plans and
policies; to adequately provide for the housing and commercial needs of the citizens of the county;
to facilitate adequate provision for water supply, sewerage disposal, parks, fire protection, schools,
drainage and other public requirements; and to require uniform monumentation and conveyancing
by accurate legal description.
2. Proper application of the regulations established by Chapter 58.17 RCW requires that specific
standards and administrative arrangements relating to the division of land in the unincorporated
areas be provided by counties.
3. Furtherance of the purposes and objectives of the Comprehensive Plan for Whatcom County
established pursuant to Chapter 36.70 RCW Is In the public Interest and requires enactment of this
Ordinance as an official control relating to the division of land.
21.04.020 ENACTMENT
The Whatcom County Council does hereby ordain and enact into law the following Chapters and Sections:
The purposes of this Ordinance are:
To promote public health, safety, and general welfare.
2. To provide for proper application of Chapter 58.17 RCW.
3. To further the purposes and objectives of the Comprehensive Plan for Whatcom County.
21.04.040 TITLE
This Ordinance shall be known and may be cited as the Whatcom County Subdivision Regulations.
TITLE 21
DEFINITIONS
SECTIONS:
21.08.010 GENERAL
21.08.020 TENSE AND NUMBER
21.08.030 INTERPRETATION
21.08.040 DEFINITIONS
CHAPTER 21.08
DEFINITIONS
21.08.101 GENERAL
For the purposes of this Ordinance, certain words and terms shall be interpreted or defined as follows:
21.08.020 TENSE AND NUMBER
When not Inconsistent with the context, words used In the present tense shall Include the future; the singular
shall Include the plural and the plural the singular.
21.08.030 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 'Planner means the Director of Planning or his designee.
5. The word 'County means Whatcom County, Washington.
6. The word 'Councir means the Whatcom County Council.
7. The word ' Commission' means the Whatcom County Planning Commission.
8. The words'local health departmeW or'Hsalth DspsrtmenC means the Bellingham and Whatcom
County District Department of Public Health, or Its successor.
9. The term *Technical Committee' means the Deputy Adminlstrator of Buildings and Code who shall
act as chairperson, the Planner, the County Engineer and the local Health Officer, or their designated
representatives.
10. The word 'Examiner means the Whatcom County Hearing Examiner.
21.08.040 DEFINITIONS
1. BLOCK A group of lots, tracts or parcels located within well -defined and fixed boundaries (usually
roads).
2. BUFFER. A separation designed to absorb conflicts between differing land uses.
3. CUL -DE -SAC. A road dosed at one end by an area, usually circular, of sufficient size for vehicular
turnaround.
CHAPTER 21.08
TITLE 21 DEFINITIONS
4. DEDICATION. The deliberate appropriation of land by an owner for any general and public use,
reserving to himself no other rights 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. The Intention to dedicate shall be
evidenced by the owner by the presentment for filing of a binding site plan, final plat or short plat -
showing the dedication thereon; and the acceptance by the public shall be evidenced by the
approval of such plat for filing by the Council.
5. 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.
6. FINAL PLAT. The final drawing of a subdivision and dedication prepared for filing on record with
the County Auditor; containing all elements and requirements set forth in Chapter 58.17 RCW and
In these regulations adopted pursuant thereto.
7. 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.
8. LOT. A fractional part of divided lands having fixed boundaries, being of sufficient area and
dimension to meet minimum platting, zoning, and sewage disposal requirements for width and area.
The term shall include tracts or parcels.
9. PLAT. A map or representation of a subdivision showing thereon the division of a tract of land Into
lots, blocks, streets, roads, alleys, or other divisions and dedications. Where appropriate to the
context, the term may also relate to a short plat or to the land contained in a subdivision or short
plat.
10. PORTION. A portion of a lot.
11. 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 this chapter which shall furnish a basis for approval or disapproval of the general
layout of a subdivision.
12. ROAD. A strip of land which provides vehicular circulation or principal means of access to abutting
properties; and which may also include provisions for public utilities, pedestrian walkways, open
space, cut and fill slopes, and drainage.
13. 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 recompense.
14. SHORT PLAT. The map or representation of a short subdivision.
15. SHORT SUBDIVISION. The division or redivision of land into four or fewer lots, tracts, parcels, sites
or divisions 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.
16. SUBDMSION. The division or redivision of land Into five or more lots, tracts, parcels, sites or
divisions for the purpose of sale, lease or transfer of ownership. Where appropriate to the context,
the term may also refer to the land so divided.
17. SUBDIVIDER. A person, including a corporate entity, who undertakes to create a subdivision, short
subdivision or binding site plan.
18. GIFT. A transfer of ownership with a requisite donative Intent and without valuable consideration.
[Amended: 1/15/79]
CHAPTER 2 1. 08
TITLE 21 DEFINITIONS
19. BINDING SITE PLAN. The combined documents of 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.
20. GENERAL BINDING SITE PLAN. A scaled drawing and appropriate attachments containing
information, as specified by the Ordinance which pertains to the development and use of the entire
site, subject to the binding site plan application.
21. SPECIFIC BINDING SiTE PLAN. A scaled drawing and appropriate attachments containing
information, as specified by this Ordinance which pertains to the creation, development and use of
one or more divisions of land being created from the general binding site plan.
22. SITE PLAN. A scaled drawing which shows the location of buildings, roads, utilities and other
Information which illustrates the intended development of a site.
23. APPROVING AUTHORITY. Approving authority shall mean the body or individual having the
responsibility as deflaed by this Title to issue the final decision on a subdivision, short subdivision
or binding site plan.
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TITLE 21
SCOPE
SECTIONS:
21.12.010
COVERAGE
21.12.015
CONSISTENCY WITH ADOPTED STANDARDS AND REGULATIONS
21.12.020
APPLICABILITY
21.12.030
EXEMPTIONS
21.12.040
RESTRICTION OF LIABILITY
21.12.050
CERTIFICATE OF EXEMPTION
21.12.010 COVERAGE
CHAPTER 21.12
SCOPE
This Ordinance shall apply to all divisions, subdivisions, short subdivisions, binding site plans and
dedications hereafter established in the unincorporated area of Whatcom County; and every division,
subdivision, short subdivision, binding site plan and dedication in the unincorporated area shall proceed In
compliance herewith.
1. All subdivisions, short subdivisions and binding site plans shall conform to the requirements of the
Whatcom County Zoning Ordinance, Bellingham- Whatcom County Health DW4 rues and
regulations, Whatcom County Development Standards, Uniform Fire Code and where applicable,
the policies and regulations of the Whatcom County Shoreline Management Master Program.
2. In the event of any discrepancies between the standard established herein and those contained In
any other regulation, code or program, the more restrictive standard shall apply.
21.12.020 APPLICABILITY
The following rues shall govem questions of the precise applicability of these regulations as regards creation
of a subdivision.
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, and 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 shall not be required to be included ( the lot or lots are in
conformance with the applicable zoning standards.
2. Parcels of land Dally divided prior to the effective date of this Ordinance (as originally adopted
February 3,1972) shall be considered In accordance with 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.
21.12.030 EXEMPTIONS
The following are exempt from the provisions of this Ordinance 21.12.
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TITLE 21
CHAPTER 21.12
SCOPE
Divisions of land Into lots or tracts, none of which are smaller than twenty (20) acres and not
containing a dedication; provided that division of land into lots or tracts of less than forty acres but
greater than five acres within the area designated as Agriculture In the Comprehensive Plan for
Whatcom County shall be exempt upon determination that the purpose of the division Is related to
the full -time business of agriculture, or to retain a home site for a farm owner who Is retiring, or
otherwise permitted in Section 2.24.270.300 of the Interim Zoning Ordinance or Section 20.40.251
of the Official Whatcom County Zoning Ordinance.
2. Divisions of land into no more than four (4) lots or tracts, which are less than twenty (20) acres,
none of which are smaller than five (5) acres (nominal area) and which do not contain a proposed
dedication or private road, provided;
A. The lots or tracts In -such divisions shall have at least 300 feet frontage abutting a
constructed and maintained public road; and
B. The division is consistent with applicable zoning regulations and comprehensive plan
policies.
C. No lots, tracts or parcels sold, leased or transferred using this exemption shall be redivided
within five years of the date of sale, lease or transfer except by long platting; and
D. Any more than four such lots, tracts or parcels, less than twenty (20) acres in size, divided
from the original parcel within a five -year period shall constitute a long plat under, the
provisions of this Ordinance.
3. Divisions made in connection with acquisition of land by Whatcom County, Including divisions made
by deed for road widening purposes, provided that such land may be accepted on behalf of
Whatcom County by action of the Whatcom County Counci.
4. Divisions made by testamentary provision or the laws of descent.
5. Divisions of land made by lease for purposes other than building development or establishment of
sites for moble homes, temporary dwellings or camping occupancy.
6. A division made for the purpose of adjusting boundary lines which does not create any additional
lot, tract, parcel, site or division; nor create any lot, tract, parcel, site or division which contains
insufficient area and dimension to meet minimum requirements for width and area for a building
site.
7. Cemeteries and burial plots whille used for that purpose.
8. Divisions made by deed release, partial reconveyance from a tract of land being purchased on a
real estate contract, deed of trust or mortgage, provided that such division Is intended for financial
purposes or other use by the contract purchaser and not for sale or lease.
9. Assessor's plats made In compliance with RCW 58.111010 and Section 58.17 and 58.17.250.
10. Gffts of land between grandparents, parents, spouses and children provided:
A. All parcels created by the division are greater than We (5) acres nominal.area.
B. All parcels created by the division are consistent with applicable zoning regulations,
comprehensive plan policies and subdivision requirements.
C. No further division, transfer or sale of land shall be done within We (5) years without filing
a final plat pursuant to these regulations. This restriction shall be noted on the Instrument
of conveyance.
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TITLE 21
CHAPTER 21.12
SCOPE
21.12.040 RESTRICITON OF LIABILITY
No land survey, title search, road construction, utility Installation, proof of water availability or percolation
test are required for approval of exempt divisions.
21.12.050 CERTIFICATE OF EXEMPTION
A certificate of exemption shall be obtained from the county for exemptions under Paragraphs 1, 2, 4, 6 and
10 of this Section. A certificate of exemption shall consist of a suitably inscribed stamp on the instrument
conveying land tide and shall be certified prior to the recording of the Instrument wjth the County Auditor.
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TITLE 21
ADMINISTRATION
SECTIONS:
21.16.010
TECHNICAL COMMITTEE
21.16.015
BUREAU OF BUILDINGS AND CODE
21.16.020
PLANNING DEPARTMENT
21.16.030
COUNTY ENGINEER
21.16.040
COUNTY COMMISSIONERS
21.16.050
PLANNING COMMISSION
21.16.060
HEARING EXAMINER
21.16.010 TECHNICAL COMMITT
CHAPTER 21.16
ADMINISTRATION
The Technical Committee is responsible to meet once each month, or as often as may be necessary, for the
purpose of coordinating Its findings and recommendations on proposed subdivisions, binding site plans,
short subdivision variances and dedications; and for granting or denying approval of short subdivisions.
The Technical Committee may invite representatives of other agencies and Departments to participate In their
deliberations; however, such representatives shall not have a vote.
-me • �ZeZiI!I
The Bureau of Buildings and Code shall review all proposed short subdivisions, subdivisions and binding
site plans for conformance with the adopted standards and specifications of the county and the requirements
of Chapter 58.17 RCW. The Bureau Is also charged with the general responsibility for managing these
regulations and for supervision and control of the operations of the Technical Committee in the granting or
denying of approval of short subdivisions. The Bureau Is authorized to delegate administrative duties, and
the preparation and prescription of necessary forms and time tables. The Bureau shall also make
recommendations to the Hearing Examiner concerning applications pursuant. to this Title.
The Planning Department shall review all proposed binding site plans and subdue for conformance with
the general purpose of the Comprehensive Plan for Whatcom County and those regulations pertaining to
general site design.
The County Engineer shall administer all requirements -for. the form of final plats, the engineering,
instailatlon, bonding and Inspection of required improvements; and for surveying, monumentation and legal
description. The County Engineer is authorized to accept dedications of land In short plats and short
subdivisions for road and /or other public purposes on behalf of Whatcom County.
21.16.040 WHATCOM COUNTY COUNCIL
The Whatcom County Council shall make final decisions upon the following matters:
Subdivision proposals accompanied by a Major Development Permit pursuant to WCC 224.760 or
WCC 20.88, or Planned Unit Developments pursuant to WCC 20.85; and
D
TITLE 21
CHAPTER 21.16
ADMINISTRATION
2. Appeals of Hearing Examiner decisions on subdivisions or general binding site plans pursuant to
WCC 2.24.770 or WCC 20.92.
21.16.050 PLANNING COMMISSION
If referred by the Council pursuant to WCC 2.24.760.577, the Commission shall hold public hearings and
make recommendations to the Whatcom County Council on proposed subdivisions accompanied by a Major
Development Permit. The Commission shall also have the responsibility for reviewing and making
recommendations to the Council on all proposed amendments and, In addition, may propose its own
amendments to the Ordinance.
21.16.060 HEARING EXAMINER
1. The Hearing Examiner shall conduct public hearings, prepare a record and make recommendations
to the County Council for.
A Subdivision proposals accompanied by Zoning Major Development Permits pursuant to
WCC 2.24.760 or Planned Unit Development pursuant to WCC 2D.85; and
B. Subdivision proposals accompanied by Shoreline Permit applications.
2. The Hearing Examiner shall conduct public hearings and prepare a record thereof and make a final
decision upon the following matters:
A Disapproval or approval of preliminary plats of all proposed subdivisions not covered by
21.16.060(1) (A) (B).
B. General binding site plan proposals in accordance with Chapter 21.30.
C. Appeals of administrative decisions related to the applicability, interpretation and
enforcement of this Ordinance, exclusive of long plat design and processing requirements.
D. Appeals of decisions to approve or deny exemptions or to approve or disapprove short
subdivision variances.
E
CHAPTER 21.20
TITLE 21 SUBDIVISION PROCEDURE
SUBDIVISION PROCEDURES
SECTIONS: -
21.20.010
PRELIMINARY CONSULTATION
21.20.020
PRELIMINARY APPLICATION
21.20.030
PRELIMINARY FEES
21.20.040
APPLICATION DISTRIBUTION AND REVIEW
21.20.045
SEPA REVIEW
21.20.050
TECHNICAL MEETING
21.20.060
EXTRAORDINARY INSPECTIONS
21.20.070
HEARING NOTICE
21.20.060
PUBLIC HEARING
21.20.060
HEARING EXAMINER FINAL DECISION
21.20.100
NOTIFICATION OF DECISION
21.20.105
APPEAL OF HEARING EXAMINER'S DECISION
21.20.110
LAPSE OF APPROVAL AND TIME EXTENSIONS
21.20.120
CONSTRUCTION PHASE
21.20.130
FINAL PLAT PROCEDURE
21.20.140
SUBDIVISION PROCEDURES ACCOMPANIED BY A MAJOR DEVELOPMENT PERMIT
21.20.150
PLAT VACATION REPORT FEE
21.20.160
PLAT VALIDITY
21.20.010 PRELIM
Prior to making application for subdivision approval, a prospective land divider may arrange for the proposal
to be reviewed Informally by submitting three copies to the Bureau of Buildings and Code at least seven
days prior to a scheduled meeting of the Technical Committee.
t . The proposal should include a general layout and design to show and demonstrate the general
intent of the proposal.
2. The prospective land divider should attend the Technical Committee meeting to discuss the
proposed development
Applications for approval of prellnfnary plats shall be prepared in accordance with Section 21.40.010 and
be submitted to the Bureau of Buildings and Code. Those applkatioons which upon cursory Inspection
appear to be InsufficWdly prepared to provide a basis for approval or disapproval shall be rejected by the
Bureau of Buildings and Code prior to acceptance of application fees. A written statement cuing the
information requkwrw s upon which rejection Is based shall be supp lied by the Bureau of Buildings and
Code upon recelpt of a written request from the applicant accompanied by two copies of the proposed
application.
Unless an applicant for preliminary plat approval requests otherwise, a peliminary plat shall be processed
simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and
similar quasi - judicial or administrative actions to the extent that procedural requirements applicable to these
actions permit simultaneous processing.
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TITLE 21
21,20,030 PRELIMINARY FEES
CHAPTER 21.20
SUBDMSION PROCEDURE
Applications shall be accompanied by the following fees, payable in cash or by separate checks to the
Bureau of Buildings and Code Administration.
1. $200 + $10 per lot to the Whatcom County Current Expense Fund to cover Planning Department
and other administrative costs; and
2. $50 + $10 per lot to the Whatcom County Road Fund to cover Engineering Department costs.
3. The actual cost of providing legal notice, Including mailing.
4. When any given project requires more than one of the following permits or applications, the total
amount of fees shall be reduced by twenty-five percent (25%) of the required aggregate permit and
application fees; provided any fees received for processing of an EIS and for providing legal notices
shall not be Included as part of the total amount of fees to be reduced by twenty-flue percent (25%).
A. Subdivision plat application;
B. Rezone application;
C. Substantial Development Permit;
D. Major Development Permk.
5. In the event that actions of an applicant result in the repetition of the reviews, inspections and other
steps in the approval process, those Items or steps repeated shall be charged to and paid by the
applicant prior to any further processing of the application by the county. The costs shall be
determined by the Director of Public Works based upon the following rates:
A. Planning Department staff $20.00 /hr.
B. Engineering Department staff $20.00 /hr.
C. Buildings and Code Administration staff $20.00 /hr.
D. Legal Notice $20/hr. plus actual
publication cost of notice
Upon receipt of the applitedort and the payment of the fees, the Bureau of Buildings and Code shah notify
agencies potaftily having Interest, jurisdlc ion or expertise relevant to the application and those agencies
required to be notified by RCW 58.17.080. Such agencies receiving subdivision applications for review shall
be given thirty (30) days to respond; or the Bureau, SEPA Otfidal and the Teduftal Committee may
_conclude that the revWmft agency has no interest in the application, and may make such findings,
concluskms or requirements as deemed reasonable, consistent with the requirements of this Title.
The SEPA Official shall process all preliminary plats consistent with the requirements d Chapters
RCW 43.21 C and WAC 197 -11 as well as the Whatcom County SEPA Ordinance.
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CHAPTER 21.20
TITLE 21 SUBDIVISION PROCEDURE
21.20.050 TECHNICAL MEETING
The Technical Committee shall determine its recommendations as to approval or disapproval of the
proposed subdivision or dedication, and shall advise those applicants who are present at the meeting of the
time available for submitting revisions or providing further information. After such time has elapsed, the
Committee's recommendations shall be finalized in preparation for the public hearing; provided that the
Committee may table or continue the application for up to two months, upon receipt of a written request
signed by the applicant
Additional inspections not required in the normal processing of subdivision approval may be arranged at the
discretion of the Director of Public Works, the County Planner or the District Health Officer, sub)ect to
advance payment of a fee estimated to cover the full cost of providing such Inspection. Full cost shall mean
inspector's or engineer's salary and benefits and transportation costs.
Notice of the Public Hearing shall be given as follows:
1. The Hearing Examiner shall provide the applicant with at least flues copies of the notice of public
hearing and one copy of an affidavit of posting. The applicant shall post the notices and maintain
them In place for at least ten days prior to the public hearing, not Including the day of posting or
the day of the hearing. The notices shall be pl aced In conspicuous locations on or near the property
and shall be removed by the applicant after the hearing. The affidavit of posting shall be signed,
notarized and returned at least one week before the hearing.
2. The Hearing Examiner shall arrange for at least one publication of the notice to appear in a
newspaper of general circulation within the county and a newspaper of general circulation In the
area where the real property which is proposed to be subdivided is located at least ten days before
the hearing.
3. The Hearing Examiner shall send a notice of hearing by U.S. Mal to all owners of property within
300 feet of the proposed subdivision, In accordance with the current records of the Whatcom County
Assessor. Such notice shall be malled not later than twelve days before the hearing. if the owner
of the real property which is proposed to be subdivided owns another parcel or parcels of real
property which lie adjacent to the real property proposed to be subdivided, notice under this
subsection shall be given to owners of real property located within three hundred feet of any portion
of the boundaries of such adjacently located parcels of real property owned by the owner of the real
property proposed to be subdivided.
4. Notices shall iniciude a legal description of the location of the proposed subdivision and the
description may be In the form of either a vicinity location sketch or a written description other
than a legal desc dpdorL
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All public hearings shall be open to the public. The Hearing Examiner shall conduct the hearing and prepare
a record thereof by providing an opportunity for all interested persons to speak and submit exhibits.
AddManal hearings may be held as prescribed In Section 21 .16.040.
12
TITLE 21
CHAPTER 21.20
SUBDMSION PROCEDURE
Within ten working days following the conclusion of all testimony and hearings, the Hearing Examiner shall
Issue his written findings and decision for approval or disapproval of the preliminary plats of proposed
subdivisions. In making Its decision, the Hearing Examiner shall determine if appropriate provision Is made
in the subdivision for, but not limited to drainage ways, roads, alleys, other public ways, water supplies,
sanitary wastes, parks, playground and sites for schools. The decision of the Hearing Examiner shall evaluate
the proposed subdivision conformance with any applicable zoning ordinance or other land use controls
which may exist, and all decisions shall be based on a written finding of fact and conclusions which include
promotion of the public health, safety and general welfare.
-5 11111 Lei •
The Hearing Examiner shall notify the applicant of the decision within 90 days of the date the
application was accepted unless the applicant consents to an extension of such time period;
provided that I an ErrAronmental Impact Statement is required as provided in RCW 43.210.030, the
ninety-day period shall not include the time spent preparing and circulating the Environmental Impact
Statement by the county. Such notification shall specify any conditions Imposed, or In the event of
denial, the reasons therefore.
2. Unless appealed, Hearing Examiner approval of the preliminary plat and supporting submissions
shall furnish a firm basis upon which the applicant: may proceed with development of the subdivision
and preparation of the final plat in compliance with these regulations and In accordance with any
conditions of approval unposed by the Hearing Examiner.
r r _ �: i�•1�•7�iI�_I�Il�L�I��rlullil���-
Within ten days of Its Issuance, any party of record may appeal the Hearing Examiner's decision to the
County Council. The Examiners decision may be overturned by a majority of the Council I it Is found that
the Examiners decision Is based upon an error of law or Is dearly erroneous based on the entire record.
The appeal shall follow all rules and procedures for appealing Hearing Examiners decisions as set forth in
Chapter 2.24.770 of the Interim Zoning Ordinance or Chapter 20.92 of the Official Whatcom County Zoning
Ordinance, whichever Is applicable.
Approval of a preliminary plat shall become unvalld unless the Mal plat Is submitted In proper form for final
approval within 36 months of the date of preliminary plat approval. An applicant who files a written request
with the Whatcom Cownty Council at least 30 days before the expiration of this three -year period shag be
granted one one -year extension upon a showing that the applicant has attempted In good faith to submit
the final plat with the three -year period.
Upon receipt of preliminary approval, the subdivider may proceed with detailed engineering plans for
construction of roads, bridges, utilities. drainage works and other required inprovernernts. After submission
of such plans to the departments and agencies having jurisdiction and receipt from them of necessary
permits and approvals, the subdivider may proceed with construction; provided that arrangements shall be
made for Inspections by the County Engineer and by any other departments and agencies having
jurisdiction, at such times and phases of completion as may be required. Any condition of preliminary
approval requiring accomplishment of such Improvements as drainage or development of the source of
water supply prior to other construction shall be strictly compiled with; and no other construction shall
proceed until any such condition Is discharged to the satisfaction of the County Engineer, Health Department
13
TITLE 21
CHAPTER 21.20
SUBDIVISION PROCEDURE
or other agency, as indicated In the condition. All construction of water and sewer systems shall be done
under the supervision of a licensed civil engineer.
21.20.134 FINAL PLAT PROCEDURE
The final plat and supporting data shall be prepared In accordance with Section 21.40.020 and
shall be submitted to the Bureau of Buildings and Code together with the following fees, payable
in cash or by separate checks to the Bureau of Buildings and Code Administration.
A. $50 per subdivision plus $50 per lot to the County Road Fund for field and office engineering
and Inspection of the plat, roads, utilities, drainage and other improvements.
B. $200 per subdivision to cover Bureau of Buildings and Code Administration and other
administrative expenses, not including fee for filing by County Auditor.
2. The Bureau of Buildings and Code shall cause the final plat to be circulated to the Bureau of
Engineering and Health Department for approval in accordance with the conditions of the preliminary
approvals, and the requirements of this and other applicable laws and ordinances. A copy of the plat
shall also be provided to the County Assessor who shall segregate the assessed valuation of the
property being platted and fumish same to the County Treasurer for segregation of taxes.
3. The Bureau of Buildings and Code shall check the final plat and supporting data for compliance with
the conditions of preliminary approval and shall prepare a written recommendation for the advice
of the Hearing Examiner. The Hearing Examiner shall not consider approval of the plat untl the
€ recommendatkxrs of the Health Department, the County Engineer and the Bureau of Buildings and
Code are in hand.
4. The Health Department and the County Engineer shall Immediately notify the Bureau of any obstacle
or problem which prevents or delays approval of the plat; and the Bureau shall thereupon notify the
applicant. In all cases where a final plat is not approved within 30 days, the Bureau shall either return
the plat to the subdivider with a statement of the reasons approval is denied or it shall secure a
written authorization from the subdivider permitting the plat to be considered for a long- period.
E In no case shall a final plat be held longer than 36 months from the date of preliminary approval
• without an extension granted under provisions of Section 21.20.110 of this Ordinance.
5. After approval by the Health Department, the County Engineer and the Hearing Examiner, the taxes
' and delinquent assessments for which the property is iiable shall be paid to the County Treasurer,
and the fee for Ming the plat for record shall be deposited with the County Auditor. The plat shall
then be presented to the Council for final approval. After approval by the Council, the plat shall be
i immediately fled with the County Auditor.
6. if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of
land following preliminary plat approval Is expressly conditioned on the recording of the final plat
containing the lot, tract or parcel under this chapter, the offer or agreement Is not subject- to
RCW 58.17200 or 58.17.300 and does not violate any provision of this chapter. All payments on
account of an offer or agreement conditioned as provided In this section shall be deposited in an
escrow or other required trust account; and no disbursement to sellers shall be permitted until the
final plat Is recorded.
7. When the Council finds that the subdivision proposed for final plat approval conforms to all terns
of the preliminary plat approval, and that said subdivision meets the requirements of this chapter,
other applicable state laws, and any other local ordinances adopted to govern land use which was
in effect at the time of preliminary plat approval, it shall sultably Inscribe and execute Its written
approval on the face of the plat
14
CHAPTER 21.20
TITLE 21 SUBDIVISION PROCEDURE
21.20.140 SUBDIVISION PROCEDURES ACCOMPANIED BY A MAJOR
DEVELOPMENT PERMIT OR PLANNED UNIT DEVELOPMENT
All permit applications Including subdivision proposals accompanied with a Major Development Permit
application pursuant to WCC 2.24.760 or WCC 20.88 or Planned Unit Development application pursuant to,-
WCC 20.85 will be ancillary to the Major Development Permit or Planned Unit Development request and will
be processed in a procedure consistent with the Major Development or Planned Unit Development
requirements.
21.20.150 PLAT VACATION REPORT FEE
Each application to the Whatcom County Council for vacation of any plat or portions thereof, except
vacation of property lines, shall be accompanied by a fee of $75 to cover departmental administrative costs
for the preparation of reports to the Whatcom County Council on proposed plat vacation.
21.20-160 PLAT VALIDITY
Any lots in a final plat filed for record shall be a valid land use notwithstanding any change In zoning laws
for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval
of the final plat, and the statutes, ordinances and regulations in effect at the time of approval for a period
of five years after final plat approval unless the legislative body finds that a change in conditions creates a
serious threat to the public health or safety In the subdivision.
15
CHAPTER 21.20
SUBDIVISION PROCEDURE
SUBDIVISION PROCESS
(1) PREAPPLICTAION CONFERENCE (OPTIONAL)
(2) SUBMISSION OF PRELIMINARY PLAT APPLICATION
(3) AGENCY REFERRAL
(4) SEPA REVIEW
(5) TECHNICAL COMMITTEE REVIEW
(6) STAFF REPORT
(7) HEARING EXAMINER PUBLIC HEARING & DECISION
(8) INSTALLATION /SECURITY FOR IMPROVEMENTS
(9) FINAL PLAT PREPARATION
(10) AGENCY APPROVALS
(11) PAYMENT OF TAXES AND RECORDATION OF FINAL PLAT
16
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CHAPTER 21.24
TITLE 21 DESIGN
DESIGN
SECTIONS:
21.24.010
LOTS AND LEASE AREAS
21.24.020
BLOCKS
21.24.030
ROADS
21.24.040
PUBLIC AND COMMUNITY SITES
21.24.050
EASEMENTS
21.24.060
OVERALL PLAN
21.24.070
UNSUITABLE LAND
21.24.010 LOTS AND LEASE AR
1. The design, shape, size, and orientation of lots and lease areas shall be appropriate to the use for
' which the lots and lease areas are Intended and to the character of the area In which they are
located. Lot areas In excess of minimum standards may be required for reason of sanitation, steep
slopes, slide hazards, poor drainage, flood hazards or other unique conditions or features which may
r , warrant protection of the public Interest.
4
2. Residential lots shall comply with the following minimum requirements:
A All lots shall meet the minimum lot size and width standards of the applicable zone district,
and the local board of health rules and regulations. Except where the zoning ordinance
allows for smaller lots, the minimum lot area and width standard shall be an area of at least
7,200 square feet and an effective width of at least 70 feet. Lot size and width may be varied
t In accordance with an approved Planned Unit Development (PUD). Effective tot width shall
be measured at the building line consistent with the Official Whatcom County Zoning
Ordinance.
B. Each lot less than one acre In size shall have minimum frontage of at least 30 feet on a
constructed and maintained public road; and lots of one acre or larger shall have a minimum
of 60 feet frontage on a constructed and maintained public road. All lots shall be capable
of direct physical access by automobile.
C. Lots in Class A and B divisions which abut two roads at their Intersection shall provide the
same net area (after allowing for setbacks) as the average net area of lots which abut only
F
one road, subject to the discretion of the Hearing Examiner.
D. The minimum average depth of unsewered lots shall be 100 feet; and the minimum average
depth of sewered lots shall be 80 feet, measured at 900 to the road. Lots deeper than three
` times their average width shall not be permitted.
E. Lots having road frontage on two opposite sides shall be avoided unless the Hearing
Examiner concurs with or requests such design in order to protect the traffic capacity of
arterial roads, to achieve greater public safety, or to reduce disturbance of the natural land-
scape. The minimum average depth of such lots shall be 120 feet.
F. Side lot lines shall be laid out at an angle of approximately 90° to the road unless an
alternate design Is advisable to provide more usable or accessible building sites.
3. Industrial or commercial lots shall comply with the following minimum requirements:
A. The minimum lot size shall comply with the appropriate zone district standards; or H none
specified, be of sufficient area to meet applicable building setback, lot coverage, buffer, open
space and development standards of the appropriate zone district
17
TITLE 21
CHAPTER 21.24
DESIGN
B. Minimum lot frontage shall be sufficient to provide adequate access and utility development,
and meet applicable building setback, buffer, open space and development standards of
the appropriate district. In no case shall the frontage be less than thirty (30) feet.
C. Minimum average lot depth and angle of side lot lines shall be the same standard as
residential lots.
21.24.020 BLOCKS
Block dimensions shall reflect due regard for the needs of convenient access, public safety, the
limitations and opportunities of topography, economies of land use and road maintenance, and the
provision of suitable sites for the land use planned.
2. Block design shall normally provide for vehicular circulation at one -fourth mile Intervals and for
pedestrian circulation at one - eighth mile Intervals.
3. _Block layout in designed developments established In accordance with the variance provisions of
this Ordinance may employ other criteria upon approval of the Hearing Examiner.
F ik11�;197A@1_1
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. Whenever a binding site plan, subdivision or short subdivision abuts an arterial or collector road
defined by the Comprehensive Plan or otherwise designed by the county, necessary realignment
and widening of the right -of -way in accordance with county standards and to the satisfaction of the
County Engineer shall take place before the plat or general binding site plan is recorded. Frontage
roads or parallel access roads may be required to eliminate direct access to arterial roads.
2. Roads shall be laid out in accordance with a logical arrangement of their function as arterials,
collectors or local access. Local access roads should discourage through traffic. Collectors should
provide for connection of local access roads with arterials.
3. All subdivisions and binding site plans shall be served by a constructed and maintained public road
which shall provide access in at least two places wherever practicable or unless a single access is
approved by the County Engineer.
4. Right-of-way widths and road and drainage design shah be consistent with the Whatcom County
Road Standards.
5. Where reasonably necessary to join with existing roads or needed for future circulation, roads shall
be extended to the outside boundaries of the binding site plant, subdivision or short subdMlslon.
6. Roads shall be extended to the boundaries of binding site plans or subdivisions which abut public
lands and public bodies of water, provided that such access roads need not be provided at an
Interval more frequent than one-half mile.
7. Half -width roads shall be prohibited except adjacent to existing half -width roads.
S. No private roads shag be permitted In any subdivision or binding site plan except as provided In
Section 2106 of the Whatcom County Development Standards.
f
B
18
CHAPTER 21.24
TITLE 21 DESIGN
21.24.040 PUBLIC AND COMMUNITY SITES
1. The dedication of sites for schools, parks, and other public or community purposes may be
permitted to the extent that such dedication is suitable to and reasonable for the needs anticipated
by full development of the subdivision or binding site plan. -
2. The approving authority may require dedication of community sites or easements to a homeowner's
association or similar nonprofit organization, as may be reasonable for parks, walkways, open space,
well protection, buffer strips and other protective uses; and for other needs anticipated- by full
development of the subdivision or binding site plan, consistent with the appropriate zoning, health
department and other applicable standards.
21.24.050 EASEMENTS
Easements shall be provided where necessary for utility Installation and maintenance; and shall
generally conform to a standard width of 15 feet unless otherwise specified In the Whatcom County
Development Standards.
2. Where a subdivision or binding site plan Is traversed by a watercourse, drainage channel or stream,
provision shall be made for a drainage easement conforming substantially with the alignment t the
watercourse and of adequate width for maintenance and erosion control purposes. This requirement
shall not entail any responsibility for watercourse maintenance on the part of the county; and
arrangements for maintenance may be required to the satisfaction of the County Engineer and the
Health Department.
3. Where the configuration of the land Is a subdivision or binding site plan Is such that it is not feasible
to dispose of road and lot drainage by means of natural watercourses; and where the volume of
runoff anticipated could cause damage 9 disposed of over neighboring property, suitable easements,
necessary drainage works and maintenance arrangements shall be provided over the neighboring
property to the satisfaction of the County Engineer and the Health Department.
4. Buffer strip or protective easements may be required, and the minimum lot depth requirement may
be Increased where a plat Is adjacent to a railroad, limited access highway, commercial or industrial
development, or another land use from which separation or screening Is deemed advisable by the
Hearing Examiner.
• 11T. r;
1. When only a portion of an entire tract Is to be subdivided, a plan for the entire tract shall be
submitted to indicate how the road pattern and general arrangement of the subdivision will
coordinate with the entire tract when fully platted.
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2. Where a tract is subdivided Into lots or tracts of an acre or more, the Hearing Examiner may require
E ' an arrangement of lots and roads such as to permit a later resubdivislon in conformity with the road
and lot requirements specified In this Ordinance.
21.24.070 UNSUITABLE LAND
Land which the approving authority finds to be unsuitable for the purposes of the division due to flooding,
bad drainage, steep slopes, rock formation or other features likely to be harrnful to the health, safety and
welfare of the future residents shall not be subdivided unless adequate safeguards are formulated by the
developer and approved by the approving authority. Land which the Health Department finds of doubtful
suitability because of possible seasonal drainage problems shall not be subdivided until wet season observa-
tions have been completed to the satisfaction of the approving authority.
19
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L
CHAPTER 21.28
TITLE 21 SHORT SUBDIVISIONS
SHORT SUBDIVISIONS
SECTIONS: -
21.28.010
General
21.28.020
Application
21.28.025
Summary Approval of Short Subdivisions for Purposes of Gift
21.28.030
Procedures
21.28.040
Appeal
21.28.010 GENERAL
Short subdivisions shall comply with the design requirements of this Ordinance. Each short
subdivision shall have access to an improved public road, maintained as such, and to an approved
source of domestic water supply.
2. Land In short subdivisions shall not be further divided In any manner within five years without filing
of a final plat, except as provided In Item 3.
3. Summary approval of short subdivisions for purposes of gifts of land between grandparents, spouses
and children may be authorized under Section 21.28.025 of this Ordinance. The land from which the
parcel Is divided may be redivided within five years by the original landowner, provided that all
parcels previously divided and sold be counted In determining whether the division constitutes
subdivision under these regulations.
21.28.020 APPLICATION
Applications for approval of short subdivisions shall be prepared In accordance with Section 21.40.030, and
shall be submitted to the Technical Committee together with the following fees to the Bureau of Buildings
and Code Administration except as provided herein.
1. $100 plus $6 per lot per short subdivision to the Whatcom County Current Expense Fund;
2. $50 plus $50 per lot per short subdivision for administrative and engineering services of the Bureau
of Engineering;
3. Health Department fees, in accordance with the fee schedule adopted by the Health Board, shall
be payable directly to the Health Department.
4. $50 for amended short subdivisions.
S. 825 for certificate of exemption.
6. $25 for lot line adjustment&
7. $50 for summary approval of short subdivisions for purposes of gift.
8. No fee shall be charged for consideration of a single division to be made by deed release, partial
reconveyance from a tract of land being purchased on a real estate contraM deed of trust or
mortgage; provided that such division Is intended for financial purposes or other use by the contract
purchaser and not for sale or lease.
20
TITLE 21
CHAPTER 21.28
SHORT SUBDNiSIONS
21.28.025 SUMMARY APPROVAL SHORT SUBDIVISIONS FOR GIFTS OF LAND
Gifts of land between grandparents, parents, spouses and children which do not qualify for an exemption
under Section 21.12.030 of this Ordinance may qualify for summary approval under this section provided:
An application shall be filed for a short subdivision pursuant to Section 21.28.020.
2. All parcels created by the division shall meet all applicable short plat standards and the approved
requirements of this Ordinance with the exception that no improvements or survey shall be required
at the time of subdivision approval.
3. Upon review and preliminary approval by the Technical Committee, an instrument of conveyance
shall be prepared. The legal description on the instrument shall be prepared by a licensed surveyor
and described by a metes and bounds description, where feasible. This instrument, along with a
dimensioned sketch of the proposed division, shall constitute the approved short subdivision when
appropriate restrictions and covenants are attached to the instruments of conveyance; and the
Instrument is approved by the Chairman of the Technical Committee and filed with the County
Auditor.
4. Any conrveyance outside the immediate family, as previously defined, of parcels created by this
section, shall require the property to be formally short platted prior to sale, lease or transfer. No
further division of the property conveyed shall take place within five years of the conveyance without
filing a final plat.
5. Any improvements required by ordinance at the time of the proposed sale or transfer shall be
completed or bonded prior to approval of the land transfer.
6. No family member may receive more than one parcel from any original parcel under authority of this
section.
21.28.030 PROCEDURES
1. Any person desiring to arrange for Informal review of a proposed short subdivision prior to making
application for approval shall proceed in accordance with Section 21.20.010.
2. Upon receipt of a property prepared application for approval of a short subdivision, together with
the required fees, the county shall Immediately notify the applicant of the time and place of the
Technical Committee meeting at which the applications will be considered; provided that applica-
tions for approval of short subdivision may be processed without delay and without an actual
meeting of the Technical Committee.
3. The Technical Committee shall, within 20 days of the date of application, meet in public session; hold
an Informal hearing; consider all aspects of the proposed short subdivision which the Hearing
Examiner and Council are directed by State law and this Ordinance to consider in approval of
subdivisions; and shall there upon formulate Its findings for approval or disapproval.
4. Approval of unplatted short subdivisions for purpose of gift, by the Technical Committee, shall be
indicated by the signature of the Chairman on a form stamped or Imprinted on the actual deeds or
Instruments by which the division Is described.
No land survey, title search, road construction or utility installation Is required for this approval.
5. A certificate of exemption may be issued by the Technical Committee upon request.
6. Notice of approval, notice of the requirements to gain approval of the application, or notice of the
reasons for disapproval shall be issued by the county within 30 days of the date of application; and
may be further extended upon written authorization by the subdivider.
21
TITLE 21
CHAPTER 21.28
SHORT SUBDIVISIONS
Any person(s) or public agency aggrieved by a decision to approve or disapprove a short subdivision or
short subdivision variance must, prior to any court review, have the decision reviewed by the Hearing
Examiner. Application for such review shall be made to the Bureau of Buildings and Code Administration
within 30 days following Issuance of the decision, together with a written statement of the grievance and a
fee of $100 payable to the Bureau of Buildings and Code Administration. The Hearing Examiner shall make
_ a final decision within 10 working days following the conclusion of all testimony and hearings.
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22
TITLE 21
CHAPTER 21.28
SHORT SUBDIVIS IONS
SHORT SUBDIVISION PROCEDURE
(1) PREAPPLICATION CONFERENCE (OPTIONAL)
(2) SUBMISSION OF APPLICATION
(3) TECHNICAL COMMITTEE MEETING
(4) BUILDINGS & CODE ADMINISTRATION FINDINGS & DECISION
(5) RECORDATION
23
TITLE 21
BINDING SITE PLAN
SECTIONS:
CHAPTER 21.30
BINDING SITE PLAN
21.30.010
PURPOSE
21.30.100
OVERVIEW OF REVIEW PROCESS
21. 30.105
GENERAL BINDING SITE PLAN REVIEW
21.30.110
SPECIFIC BINDING SITE PLAN REVIEW
21.30.120
APRPOVAL REQUIREMENTS
21.30.150
SCOPE OF GENERAL AND SPECIFIC BINDING SITE PLANS
21.30.160
MODIFICATION OF GENERAL AND SPECIFIC BINDING SITE PLANS
21.30.170
TiME LIMIT EXTENSION REQUEST
21.30.200
INFORMATION - GENERAL REOURIEMENTS
21.30.210
GENERAL BINDING SITE PLAN INFORMATION
21.30.220
SPECIFIC BINDING SITE PLAN INFORMATION
21.30.230
SITE PLAN
21.30.300
FEES
21.30.01 PURPOSE
The Intent of this Chapter Is to establish a way to divide land for the following purposes:
1. Divisions for sale, lease or transfer of ownership for commercial and industrial uses;
2. Divisions for lease when no residential structures other than mobie homes or travel trallers are
permitted: and
3. Divisions which are created by subjecting a portion of a parcel or tract of land to condominium
ownership as provided in RCW 64.32.
A person seeking to divide land for any of these purposes may make application for approval of a binding
l ; site plan rather than a short or long subdivision.
21,30,100 OVERVIEW OF REVIEW PROCESS
1. The review and approval of a binding site plan is a two-step process: General and Specific. The first
step is the review and action by the Hearing Examiner of a general binding site plan for an entire
site. Once the general binding site plan Is recorded, a specific binding site plan establishing the
divisions) on the subject site is submitted with the building permit, reviewed by staff and recorded.
This process may be varied as follows:
A. An application for a general and /or specific binding site plan may be processed concurrent
with a conditional use permit, major development permit, shoreline permit, planned unit
development or zone change.
B. Where a project has received a previous site plan approval as a result of a long or short Piet,
zone change, planned unit development, conditional use permit or major development
permit, the general and specific binding site plans may be combined and processed under
the specific review process.
A C. Where divisions are known, the general and specific binding site plan can be combined
during the general review process.
( 2. Approval of a binding site plan shall require:
L.
24
TITLE 21
A. Approval and recordation of a general binding site plan; and
B. Approval and recordation of a specific binding site plan.
CHAPTER 21.30
BINDING SITE PLAN
21.30.105 GENERAL BINDING SITE PLAN REVIEW PROCEDURE
1. The purpose of the general binding site plan Is to establish necessary requirements for site
development and use while providing an accurate record of the site and future Improvements. The
general binding site plan does not create individual lots or lease areas; and no building permit shall
be Issued for a site on which only a general binding site plan Is recorded.
2. An applicant may request a preapplication conference with the Technical Committee.
3. The applicant shall submit a general binding site plan application with the Bureau of Buildings and
Code. An application shall not be accepted by the Bureau unless it contains all of the following
items:
A. A map drawn to an adequate scale to dearly show:
(1) the boundaries of the property subject to the application with all site dimensions
shown;
(2) the Intended location of all existing public and private facilities such as water and
sewer lines, wells and septic systems, drainage facilities, public and private roads, ,
and common areas on and adjacent to the site (when appropriate the maps shall
show the size and dimensions of such facilities);
(3) the location of natural features, Including vegetation, bodies of water, natural
drainage areas and topographic features;
(4) direction and degree of slope;
(5) access to and from the site; and
(6) location, size and types of Improvements on adjacent properties.
B. A vicinity map;
C. A completed environmental checklist; p
D. A preliminary drainage study consistent with Whatcom County Development Standards;
E. A traffic study when required by Comprehensive Plan policies; s
F. Written commitments to supply water and sanitation;
4
G. Proposed restrictive covenants;
H. Categories of Intended uses; and
I. A list of names and addresses of owners of property within 300 feet of the site's boundaries a
based on the latest Assessor's equalized tax roll.
4. The Bureau of Buildings and Code shall notify agencies potentially having interest, jurisdiction or
expertise relevant to the appligRion, Including cities where specified by Comprehensive Plan policies.
Agencies and cities shall have 30 days to respond, otherwise the SEPA Official and Technical
Committee may conclude that the reviewing agency may have no Interest In the application. t
25 t
CHAPTER 21.30
TITLE 21 BiNDiNG SITE PLAN
5. The SEPA Official shall process all general binding site plans consistent with the requirements of
Chapters RCW 43.21C and WAC 197 -11 as well as the Whatcom County SEPA Ordinance.
6. After completion of SEPA review, the Technical Committee shall conduct a review and issue a written
recommendation for approval, approval with conditions or denial to the Hearing Examiner. -The
review shall include a written evaluation by each member of the Committee and at least one meeting
with the applicant and any other interested party to discuss said evaluations.
7. Notice of the public hearing shall be given consistent with the provisions of Section 21.20.D70.
8. The Hearing Examiner shall conduct a public hearing and issue a written decision based on the
criteria of Section 21.30.120 to approve, approve with conditions, or deny the request within ten (10)
working days after the hearing Is dosed.
9. Within ten days of its Issuance, any party of record may appeal the Hearing Examiner's decision to
the County Council. The Examiner's decision may be overturned by a majority of the Council if it
Is found that the Examiner's decision is based upon an error of law or is dearly erroneous based
on the entire record. The appeal shall follow all rules and procedures for appealing Hearing
Examiner's decisions as set forth In Chapter 2.24.770 of the Interim Zoning Ordinance or
Chapter 20.92 of the Official Whatcom County Zoning Ordinance, whichever Is applicable.
10. Upon approval, the applicant shall prepare a general binding site plan consistent with the
requirements of this Chapter. The applicant shall submit one reproducible and six (6) copies to the
Bureau of Buildings and Code for review. Unless modified by a time extension request or condition
by previous permit or zone change approval, the general binding site plan material shall be
submitted to the Bureau within twelve (12) months of the approval action. Upon collection of all
r necessary signatures, the applicant shall No the document with the County Auditor.
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1. The purpose of the specific binding site plan is to provide an expeditious staff review of divisions;
ensure appropriate conditions and requirements have been met; and provide proper recording of
divisions for sale or transfer. No occupancy permit or use of the parcel or lease area(s) being
created by a specific binding site plan shall be issued or allowed until all necessary Improvements
and requirements as specified by this Title have been met Unless modified by a time limit extension
request or condition by previous permit or zone change approval, the first specific binding site plan
shall be fled wl In five (5) years after recordation of the general binding site plan or approval of
previous permit or zone charge. Subsequent specific binding site plans, unless otherwise provided,
shall be Ned within twelve (12) months after first specific site plan Is recorded.
2. The applicant shall submit one (1) reproducible and six (6) copies of the specific binding site plan;
a site plan Illustrating the proposed development on the subject lot or lease area; and SEPA
checklist, If applicable, to the Bureau of Buildings and Code. The specific binding site plan shall
comply with the requirements of this Chapter and shall be submitted prior to or concurrent with any
building permit requested for the subject lot or lease area If the proposed development Is in
conformance with a previously approved site plan, the applicant may make reference to the fie
(case) number of the permit or action containing the applicable site plan.
3. The Bureau shall review the submitted material within thirty (30) days; and, If necessary, return to
the applicant for revision
4. Upon compliance of all necessary requirements, the specffic binding site plan shall be circulated for
signatures and fled with the County Auditor.
26
TITLE 21
21.30,120 APPROVAL REQUIREMENTS
CHAPTER 21.30
BINDING SITE PLAN
General binding site plans shall be approved when the following provisions are adequately satisfied
for the proposed uses on the subject she:
A Roadways and access facilities;
B. Water and sanitation facilities;
C. Drainage facilities;
D. Fire protection devices with sufficient water storage and flows;
E. Facilities to address compatibility with adjacent zone districts which are dissimilar;
F. Long -term maintenance with adequate financing for areas and facilities under common
ownership;
G. Appropriate design to address the standards of this Title, the Zoning Ordinance,
Development Standards, relevant Comprehensive Plan pollcies and, where applicable,
Shoreline Program.
H. Appropriate design, improvements or other mitigating measures to address any physical
characteristks which may make It hazardous to develop or occupy, result in harmful off -
site Impacts as a consequence of development or has been identified as significant through
the SEPA review process;
I. Proper inscriptions on the face of the plan to enforce appropriate conditions of previous
permit approvals on the site and the relevant requirements of this Title, the applicable Zoning
Ordinance, Whatcom County Shoreline Program, Whatcom County Development Standards
and applicable policies of the Comprehensive Plan; and
J. All appropriate deed, dedications and easements.
2. Specific binding site plans shall be approved where all appropriate requirements of the general
binding site plan and official controls applicable to the development for the subject parcel are met
Once general and /or specific binding site plans are Mod with the Auditor, all persons and parties, their
successors, heirs, or assigns who own, have. or will have by virtue of purchase, Inheritance or assignment,
any interest In the real property of the subject site or portions thereof, shall be bound by the conditions and
Inscriptions atterndirag the. general and /or specific binding site plan.
1 ..4 u• 9 21TU1611re 777:4177T.7 26 t oil MV I l
Any modification of a general binding site plan which has received approval by the Hearing Examiner or
specific binding site plan which has been fled with the Auditor shall be accomplished through the
appropriate general or specific review process. The Hearing Examiner may waive formal processing and
public hearing M it is determined after consultation with the Technical Committee that the proposed
modification would not have a substantial impact on adjacent propertles. This process shall not apply to
amending site plans or conditions thereof established by short or long plat, zone change, or zoning or
shoreline related permits.
27
TITLE 21
CHAPTER 21.30
BINDING SITE PLAN
21.30.170 TIME LIMIT EXTENSION REQUEST
Where a subdivider has requested a time limit . extension as provided by Sections 21.30.105.9 and
21.30.110.1, the request shall be accepted If It specifies:
1. The anticipated date In which the general binding site plan will be submitted or the specific binding
plan(s) is to be recorded; and
2. The applicant and any subsequent purchasers or successors In Interest shall comply with all
applicable standards and requirements in effect at the time of the date specified by the request
21.30.200 INFORMATION - GENERAL REQUIREMENTS
' 1. The Bureau of Buildings and Code Administrator In consultati m with the Hearing Examiner has the
authority to waive any Information requirements for preliminary plans required by this Chapter if it
Is found to be unnecessary or redundant Further, the Administrator may waive any required
Information for general and specific binding site plans fi the Information is redundant, and either
recorded or recorded by reference with the Auditor and is available In the case fie.
2. General and specific binding site plans shall be prepared consistent with the following standards:
F '
A. Every binding site plan shall consist of one or more pages, each 18 by 24 inches, dearly
and legibly drawn on tracing cloth, stable base polyester fpm or equivalent approved
material. All drawing and lettering shall be in permanent black ink or approved egWvalenL
B. The scale shall be a common engineering scale of sufficient size for good legibility and shall
be the same for each additional sheet A marginal line shall be drawn completely around
} each sheet, leaving an entirely blank margin of two inches on the left side and one inch on
the remaining sides.
C. Each sheet shall contain the general or specific binding site plan Me number. the section,
township and range; and the number of the individual sheet and the total number of sheets
t in the set
a . D. All signatures affixed to a binding site plan shall be original signatures written in permanent
black ink.
k_ 1
21.30.210 GENERAL BINDING SITE PLAN INFORMATION
' 1. An accurate map of the site, bused upon a complete survey and drawn to scale that Includes the
following:
A. Data required for record of surveys as established by the Survey Recording Act,
RCW Chapter 58.09;
T ? B. The subject site Identified as TracC;
i;
C. Data for all supplemental control pouts used to define property boundaries;
r'
D. The location, width, centerline and name of all eodsting and proposed roads and rights -af-
way within and adjoining the general binding site plan. Rights- of-way for dedication to the
county shall be surveyed;
E. Unless a unity map is referenced as provided In Section 21.30.210.20, the location and
dimension of all existing and proposed water and sewer lines and facilities, and other utilities
adjacent and within the general binding site plan;
28
TITLE 21
CHAPTER 21.30
BINDING SITE PLAN
F. The location and dimension of all common areas adjacent to and on the subject site, and
a description of the purpose of the common area;
G. The location and width of all easements within or adjacent to the general binding site plan
shown with broken lines, and a descriptlon of the purpose thereof. The location of the
easement shall Include, where applicable, references to all permanent roads, structures and
boundaries;
H. Names or numbers of any adjacent division;
1. The scale and the north point on each sheet containing a map; and
J. Any roads not dedicated to the public shalt be dearly marked.
2. In addition to the map or maps, every general binding site plan shall contain written data including:
A. Inscriptions stating the conditions approving the general binding site plan and statement
Indicating the applicability of the requirements on the applicant and any subsequent
purchasers or successors In Interest in lieu of this requirement, said Inscriptions may be
incorporated in a restrictive covenant pertaining to the subject site fled with the Auditor
concurrent with recording the general binding site plan;
B. A reference to any covenants or restrictions;
C. Where Impractical to show on a general binding site plan or where a utility map(s) Is
required by a purveyor, reference to utility map(s) which shows existing and proposed
location and dimension of water and sewer lines and faclikkm and other ut9itles adjacent
and within the general binding site plan;
D. The legal description of land contained within the general binding site plan;
E. A certificate signed by a registered land surveyor that the general binding site plan was
surveyed and prepared either by self or under his /her supervision, that the binding site plan
is a true and correct representation of the lands actually surveyed, and that permanent
control monuments have been established at each and every controlling comer of the parcel
of land being divided;
F. A statement of approval signed by the County Engineer or by a licensed engineer acting
on behalf of the county as to survey data; and layout of roads, alleys and other rights -f-
way,
G. A statement of approval as to the adequacy of the means of sewage disposal and water
supply for the general binding site plan; signed by the Dist Health Oiflcer;
H. A statement of the Hearing Examiner that the general binding site plan form to the terms
of as approval; and, p any portion of the division lies within a flood control Zone, a statement
that written approval has been received from the State Department of Ecology or Its
successor.
A certificate gluing a fud and correct description of the land to be divided as it appears on
the general binding site plan and acknowledgement of any future division of the land as the
result of the recordation of a specific binding site plan where approved corWstent with this
Tide and current zoning requirements. The a shop include a statement that the
general binding site plan has been made with the free consent and In accordance with the
desires of all parties with ownership interest. N the general binding site plan contains a
dedication, said certificate or separatewritten InsMMwd shall provide wording for dedk;atlon
of the streets and /or other areas shown on the general binding site plan to the public, or
to some other party. If the dedication is to the public, the certificate shall contain a waiver
by the owners and their heirs and assigns of all claims for damages whk:h may be
29
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i
f
F
d
L.1
L.s
CHAPTER 21.30
TITLE 21 BiNDiNG SITE PLAN
occasioned to adjacent property by the construction, drainage, and maintenance of said
road or area. The dedication may also be required to include a waiver of the right of direct
access to any street from any property. Said certificate shall be signed and acknowledged
before a notary public by all parties having any ownership Interest In the land divided;
J. A certificate signed by the Whatcom County Treasurer that all taxes and delinquent
assessments for which the property is liable as of the date of certification have been duly
paid, satisfied or discharged; and
K A certificate for acknowledgement of the filing of the general binding she plan by the County
Auditor and providing for the name of the person filing the binding site plan.
3. In addition to the map and written data, every general binding site plan shall be accompanied by
a tide report confirming that the title of the lands as described and shown on said plan Is in the
name of the owners signing the certificate. In addition to the original copy of the general binding
site plan, there shall also be provided one (1) reproducible and four (4) paper copies; for the County
Engineer, the County Assessor, the Health Department, the Bureau of Buildings and Code and the
Hearing Examiner, respectively. Two (2) copies of the covenants and restrictions shall also be
provided.
r r :_l•► _► •u
Each specific binding site plan shall Include an accurate map of each parcel being created. Those
specific binding site plans representing divisions for purposes of sale or transfer of ownership shall
be based on a complete survey. Contents of the map shall include:
A. Each new lot or parcel Identified as 'Parcel' and numbered consecutively with the number
of the final parcel being created on a tract circled;
B. All section, township, municipal and county lines lying within or adjacent to the subject
specific binding site plan;
C. The location of all monuments or other evidence Including data for all supplemental control
points used to establish parcel boundaries;
D. The location of all permanent control monuments found and established at the controlling
comers of each parcel;
E. The boundary of each parcel with complete bearings and lineal dimensions with all curves
described by radii, arcs and semitartgents;
F. The location, width, centerline, and name of all existing and proposed roads and rights -of-
way within and adjoining each specific binding site plan;
G. Unless a utility map Is referenced as provided In Section 21.30.220.30, the location and
dimension of all Insured water and sewer lines and facliithm and other utilities adjacent and
within the specific binding site plan;
H. The location and dimension of all common areas within the specific binding site plan, and
a description of the purpose dweoF,
I. The location and width of all easements within and adjacent to the specific binding site plan
shown with broken lines, and a description of the purpose thereof. The location of the
easement shall include, where applicable, references to all permanent roads, structures and
boundaries;
J. The boundaries of the subject general binding site plan shown with broken lines;
30
CHAPTER 21.30
TITLE 21 BINDING SITE PLAN
K Names or numbers of any adjacent division;
L The scale and the north point on each sheet containing a map; and
M. Any roads not dedicated to the public shall be clearly marked. -
2. Each specific binding site plan representing divisions for purposes of lease shall include an accurate
map which shall show the location of the area subject to leasing and may illustrate the location of
each leasehold. Contents of the map shall include:
A. The area to be leased identified as 'Lease Area';
B. The location, width, centerline and name of all existing and proposed roads and rights -cf-
way within and adjoining each specific binding site plan. The location of each road right -
of -way shall be based on survey with complete bearings and lineal dimensions with all
curves described by radli, arcs and semitangents; and
C. All information identified in Sections 21.30.220.213 and G to N for specific binding site plans
which create parcels.
3. in addition to the map or maps, every specific binding site plan shall contain written data Including:
A. Where applicable, the Auditor's File Number of the applicable general binding site plan;
B. Reference to the site plan on which the specific binding site plan is being approved and a
statement Indicating that all development on the subject parcel Is bound to said site plan,
except as may be amended consistent with this Tide;
C. Where impractical to show on a specific binding site plan or where a utility map(s) Is
required by a purveyor, reference to said utility map(s) which shows locations and dimension
of installed water and sewer lines and facilities, and other utilities;
D. Any additional inscriptions establishing requirements deemed necessary by the Director of
Public Works in approving the specific binding site plan;
E. A certificate signed by a registered land surveyor stating that where required, the specific
binding site plan was surveyed and prepared efther by self or under his /her supervision, that
the binding site plan Is a true and correct representation of the subject lands, and that
permanent control monuments have been established at each and every controlling comer
of each parcel of land being created;
F. A statement of approval signed by the County Engineer or by a licensed engineer acting
on behalf of the county as to survey data; layout of roads, alleys and other rights-of-way,
and the design of bridges, sewage and water systems and other structures;
G. A statement of approval as to the adequacy of the means of sewage disposal and water
supply Installed in or proposed for the specific binding site plan, signed by the District Health
Officer;
H. A statement of the Director of Public Works that the specific binding site plan conforms to
the terms of the general binding site plan; and 0 any portion of the binding site plan ties
within a flood control zone, a statement that written approval has been received from the
State Department of Ecology or its successor,
i. Where the area of dedication has been revised since the adoption of the applicable general
binding site plan, the certificate shall indicate the revision together with statements required
by Section 21.30.210.2H for dedication by general binding site plans.
31
TITLE 21
CHAPTER 21.30
BINDING SITE PLAN
F
J. For specific binding site plans to be recorded for purpose of sale or transfer of ownership,
a certificate signed by the Whatcom County Treasurer that all taxes and delinquent
assessmerds for which the property Is liable as of the date of certification have been duly
paid, satisfied or discharged; and
` K A certificate for acknowledgement of the filing of the plat by the County Auditor and
providing for the name of the person filing the plat.
4. in addition to the map and written data and the original copy of the specific binding site plan, there
shall also be provided one (1) reproducible and four (4) paper copies; for the County Engineer, the
County Assessor, the Health Department, the Bureau of Buildings and Code, and the Hearing
Examiner, respectively. Two (2) copies of any covenants and restrictions which differ from that
E recorded for the general binding site plan shall also be provided.
21.30.230 SITE PLAN
1. Where reference in this Chapter is made to site plan, the following information shall be provided by
a scaled drawing to qualify as a site plan:
A. Outline of the subject site;
I,
B. Approximate location of buildings; roadways; parking; drainage facilities; sanitation and
water facilities; easements; where appropriate, landscaping, buffer, common areas and
phasing boundaries; and for mobile home and recreational vehicle parks, typlcals of
individual lease spaces.
1 2. Site plans may be revised in the following manner.
4 A Where approved by a previous long or short plat, zone change, planned unit development,
conditional use permit or major development permit, the site plan shall be amended
consistent with the requirements for those requests.
B. Where site plans are submitted with a building permit, amended site plans can be fled with
and approved by the Bureau of Buildings and Code.
s
21.30.300 FEES
Applications for general binding site plans shall be accompanied by the following fees, payable In
cash or by separate checks to the Bureau of Buildings and Code Administration.
A. $100 to the Whatcom County Current Expense Fund; and
B. $100 to the Whatcom County Road Fund.
C. Actual cost of providing legal notices, Including malting, posting and publishing.
2. Specft binding site plans and binding site plans having received previous site plan approval shall
be accompanied by the following fees, payable In cash or by separate checks to the Bureau of
Buildings and Code Administration.
A. $50 + $6 per lot or lease space to the Whatcom County Current Expense Fund; and
B. S50 + $50 per lot or $10 per lease space to the Whatcom County Road Fund.
32
TITLE 21
BINDING SITE PLAN PROCESS
(1) PREAPPLICATION CONFERENCE
Technical Committee
SEPA Official
CHAPTER 21.30
BINDING SITE PLAN
(2) APPLICATION SUBMITTAL FOR "GENERAL" BINDING SITE PLAN
(3) SEPA REVIEW
(4) AGENCY REFERRAL
(5) TECHNICAL COMMITTEE REVIEW
(6) STAFF REPORT
(7) HEARING EXAMINER PUBLIC HEARING AND DECISION
ON INITIAL APPLICATION
(8) RECORD "GENERAL" BINDING SITE PLAN
(9) FILE BUILDING PERMIT AND 'SPECIFIC-
BINDING SITE PLAN WITH SITE PLAN
(10) STAFF REVIEW OF "SPECIFIC- BINDING SITE PLAN
AND SITE PLAN FOR CODE COMPLIANCE
(11) RECORD `SPECIFIC" BINDING SITE PLAN, INSTALL
IMPROVEMENTS AND ISSUE BUILDING PERMIT
(12) ISSUE OCCUPANCY PERMIT UPON SATISFACTORY
IMPROVEMENT REQUIREMENTS r
33
t
TITLE 21
CHAPTER 2 1.30
BINDING SITE PLAN
BINDING SITE PLAN PROCESS
WHEN PROJECT HAS PREVIOUS SITE APPROVAL
(PUD, LONG PLAT, SHORT PLAT, CONDITIONAL USE,
MAJOR DEVELOPMENT PERMIT, REZONES)
(1) FILE BUILDING PERMIT AND COMBINED "GENERAL AND "SPECIFIC"
BINDING SITE PLAN WITH SITE PLAN
(2) STAFF REVIEW OF THE COMBINED BINDING SITE PLAN
AND SITE PLAN FOR CODE COMPLIANCE
(3) RECORD COMBINDED BINDING SITE PLAN, INSTALL
IMPROVEMENTS AND ISSUE BUILDING PERMIT
(4) ISSUE OCCUPANCY PERMIT UPON SATISFACTORY
IMPROVEMENT REQUIREMENTS
34
Li
CHAPTER 21-32
TITLE 21 REQUIRED IMPROVEMENTS 8 DEVELOPMENT STANDARDS
REQUIRED IMPROVEMENTS AND DEVELOPMENT STANDARDS
SECTIONS:
21.32.010
REQUIREMENTS
21.32.020
CLASSIFICATION
21.32.030
ROADS
21.32.040
WATER SUPPLY
21.32.050
SEWAGE DISPOSAL
21.32.060
UNDERGROUND UTILITIES
21.32.070
MOBILE HOME AND RECREATIONAL VEHICLE PARK
21.32.080
COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL
21.32.090
NONRESIDENTIAL
21.32.100
INSPECTIONS
21.32.110
SECURITIES
21.32.010 REQUIREMENTS
1. All developments shall comply with the applicable standards, requirements and procedures of the
Whatcom County Development Standards.
2. The improvements indicated in this Chapter are required to be installed and completed by the
subdivider as a condition of establishment of every proposed subdivision or binding site plan, and
are required for county approval and as a condition of county acceptance of any proposed
dedication.
3. Improvements and other requirements shall be provided to the extent that each specific binding site
plan for commercial and industrial development is capable of standing by itself such that the specific
binding site plan will be adequately served by all roads, utilkles, drainage structures, easements and
other amenities necessary to its existence in the event that subsequent specific binding site plans
are not completed.
4. Improvements for binding site plans shall be installed prior to approval of occupancy permits or use
inauguration and consistent with the requirements of the general binding site plan.
A classification system is hereby established for the purpose of relating requirements for Improvement of
binding site plans, subdivisions and short subdivisions to the density of population; the Intensity of building
develc;,ment; and the public use and interest to be anticipated upon full development of the lots or parcels
within tree land division and in the vicinity thereof, as follows:
Class A divisions are those which contain lot sizes of less than 9,600 quare feet; divisions with lot
sizes of less than one acre which are located within the Suburban area shown on the 1970
Comprehensive Plan Map; or divisions with lot sizes of less than five acres which are located within
areas designated Urban Reserve by the appropriate subarea comprehensive plan.
2. Class B divisions are those which contain lot sizes from 9,600 square feet to less than 15,000 square
feet; divisions with lot sizes of less than one acre which. are located within the Potential Suburban .
area shown on the 1970 Comprehensive Plan Map; or divisions with lot sizes less than one acre
within areas designated Residential Rural or those located within areas designated Commercial or
Industrial by the appropriate subarea comprehensive plan.
35
CHAPTER 21.32
TITLE 21 REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
3. Class C divisions are those which contain lot sizes from 15,000 square feet to less than one acre
and are located elsewhere than the Suburban or Potential Suburban areas shown on the 1970
Comprehensive Plan Map.
4. Class D divisions are those which are not elsewhere classified. -
5. The classification applicable for divisions within areas designated Public on the appropriate subarea
comprehensive plan shall be based on the adjacent comprehensive plan designation having the
longest common boundary with the Public designated area In question.
6. Whenever the classification of any division Is in doubt, the question shall be resolved In accord with
the classification required for the smallest lot in the division. '
21.32.030 ROADS (STANDARDS)
All road and drainage improvements shall be constructed to Whatcom County Development Standards.
21.32.031 CONSTRUCTION
All roads within the plat or binding site plan or necessary for access to the plan or binding site plan shall
be constructed, ballasted, surfaced with crushed rock and paved in accordance with Whatcom County
standards. Ali fixtures to be located under the roadway shall be installed before the ballast is laid, Including
culverts, storm drains, sanitary sewers, water lines and service leads. Also, the roadbed shall be brought to
an approved grade; road ditches shall be graded and backsloped; and an inspection shall be arranged
with the County Engineer before the ballast is laid.
21.32.032 MAINTENANCE
Maintenance security shall be provided consistent with the requirements of the Whatcom County
Development Standards.
21.32.033 BRIDGES
Bridges shall be constructed and Installed In accordance with Whatcom County standards as required by
the County Engineer.
21.32.034 SIGNS
Road name signs shall be provided and Installed In accordance with Whatcom County standards. Road
names shall be approved by the County Engineer.
21.32.035 SAFETY
Traffic signs and safety devices shah be provided and Installed In accordance with the Whatcom County
Development Standards.
f
r
A public water supply, including services to each lot, shall be provided for every subdivision and binding site
plan in accordance with the rules and regulations of the State Board of Health and any additional
36
CHAPTER 21.32
TITLE 21 REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
requirements of the local Health Department regarding source, source protection, quantity and facilities for
withdrawal, treatment, storage, transmission and distribution.
21.32.041 COMMUNITY WELLS
Where a well is to be utilized as a source of water supply to a proposed subdivision or binding site plan,
evidence shall be provided to the Health Department regarding:
1. Ownership of a water right granting permission to withdraw the required amount of water,
2. Quality and quantity of water, and information on the history of wells In surrounding areas;
3. The existing or proposed location, depth, type of construction, protection area and testing program;
4. Arrangements for maintenance; and
5. Such other information as the Health Department may require.
21,32.04 COORDINATION
1. Class A and B divisions which Ile within or near the service area of an existing water district, water
association, municipality or other purveyor of public water supply shall be required to conned to
such public water supply unless evidence acceptable to the Hearing Examiner or Technical
Committee, as the case may be, Indicates the connection Is not feasible. Where two or more
purveyors are available, the purveyor identified by appropriate comprehensive plan policies shall be
used. Where a community well and water system is used, the system shall comply with all relevant
standards of the appropriate purveyor consistent with applicable comprehensive plan policies.
2. Class C and D divisions which lie within or near the service area of an existing water district, water
association, municipality, or other purveyor of a public water supply may be required to connect to
such public water supply or to provide evidence acceptable to the Hearing Examiner or Technical
Committee, as the local board of health rules and regulations, sound engineering practices and
applicable county, municipal, district or association standards and requirements as regards
procedures, design, materials, installation, construction, Inspections, testing, disinfection, operation
and maintenance.
Public water supplies shall comply with State and local board of health rules and regulations, sound
engineering practices and applkable county, municipal, dis:vIct or association standards and requirements
as regards procedures, design, materials, installation, construction, inspections, testing, disinfection,
operation and maintenance.
21.32.044 FIRE PROTECTION
Public water supplies provided for subdivisions and binding site plan shall Incorporate adequate capability
for We protection in accordance with sound engineering practices and local standards. Pending adoption
of more precise standards, the minimum requirements for Class A and B divisions shall be as follows:
1. Fire hydrants shall be spaced at distances appropriate for the type of development, not exceeding
660 feet apart and not exceeding 660 feet from any lot..
2. Fire hydrants shall be improved American Water Works Association (AWWA) type; have a minimum
six -inch main valve opening; and be three way. Threads for hose nozzle shall be Natlonal Standard
37
CHAPTER 21.32
TITLE 21 REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
or as required by the Fire Marshal. Operating nut and pumper nozzle shall meet the requirements
of the Fire District and be approved by the Fire Marshal.
3. Water mains supplying fire hydrants shall generally be at least six Inches In diameter. The storage,
transmission and distribution components shall be designed and constructed to provide a minimum -
fireflow of 500 gallons per minute for a period of two hours at a residual pressure of 20 pounds for
residential development, In addition to other consumptive uses.
21.32.050 SEWAGE DISPOSAL
Class A and B divisions shall provide to each lot a system of sanitary sewers Installed to conform
with the standards of the district or municipality which will serve the division. This requirements may
be waived for Class B divisions only; provided that the approving authority finds a community
sanitary sewer system Is not available and the Health Department finds soil and drainage conditions
are suitable for individual septic tank systems. Construction of dry sewers shall be required If the
approving authority finds that a community sanitary sewer system is expected to be under
construction within two years.
2. Class C divisions shall provide and install a sanitary sewer when available; otherwise iot sizes and
soil and drainage conditions shall be satisfactory to the local health officer for indMdual septic tank
systems.
21.32.051 LAND IMPROVEMENTS
Improvements necessary for satisfactory drainage of individual septic tank systems shall be provided to the
satisfaction of the Technical Committee in accordance with sound engineering practice.
21.32.060 UNDERGROUND UTILITIES
1. Arrangements shall be made by the subdivider to install underground utility lines for electricity and
telephone service to each lot in Class A and Class B divisions; and no utility or other service shall
be provided by overhead wines, provided that I the Hearing Examiner determines upon written
evidence from the supplier of the unity or service that underground installation Is Impractical; the
requirement for underground utilities may be waived.
2. Class C and D divisions shall provide either underground or overhead utility lines for electricity and
telephone service to each Io.
21.32.070 MOBILE HOME AND RECREATIONAL VEHICLE PARK STANDARDS
1. Where not specified by the Zoning Ordinance, mobile home parks shall have a maximum density
of seven M lease spaces per acre where public water and sewer Is provided; otherwise three (3)
lease spaces per acre shall be the maximum density. The minimum parcel size for a mobile home
park is two (2) acres.
2. Where not specifieed by the Zoning Ordinance, recreational vehicle parks shall have a maximum
density of fifteen (15) lease spaces per acre when public water and sewer is provided; otherwise
seven (7) lease spaces shall be the maximum density. The minimum parcel size for a recreational
vehicle park Is two (2) acres.
3. Mobile home parks.shall provide storage area for boats, recreational vehicles and other large items.
Recreational vehicle parks may provide such storage areas. Said storage areas shall be screened
consistent with these standards.
38
CHAPTER 21.32
TITLE 21 REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
r
4. Within a mobile home park, no mobile home, other major structure or outdoor storage shall be
located closer than 20 feet to the perimeter of the site.
5. Along the edges of mobile home parks, walls or vegetative screening shall be provided where
needed to protect residents from undesirable views, lighting, noise or other off -site Influences, or to
protect occupants of adjoining property from potentially adverse influences within the mobile home
park. In particular, extensive off - street parking areas and service areas for loading and unloading
other than passenger vehicles, and for storage and collection of trash and garbage, shall be
screened.
6. A thirty (30) foot landscaped buffer area or screening composed of suitable native vegetation shall
be placed around all storage areas and at all perimeters of any recreational vehicle park. The
purpose of said buffer is to protect on a year -round basis the adjacent property or roadways from
unsightliness, visual distraction and /or noise impacts. The buffer area may be reduced where it can
' be demonstrated that alternative screening can adequately accomplish the purposes stated In this
subsection. Perimeter buffers shall be supplemented by a fence or other device where trespass is
a potential problem. No structures, development or other activities shall _occur within any buffer
areas, provided that trails may be located within those buffer areas which are at least fifty (50) feet
in width.
7. There shall be landscaping developed consistent with zoning requirements within open areas. of the
mobile home and recreational vehicle parks not otherwise used for park purposes. Such open areas
and landscaping shall be continually and properly maintained.
8. Mobile home and recreational vehicle parks shall keep forty percent (40 %) of the site free of
buildings, structures, hard surfacing, parking areas and other Impervious surfaces.
9. An organization or individual with proper funding to maintain common facilities and operate the
parks shall be provided;
10. On -site recreational amenities with at least one substantial facility serving the users of a park or
identified area. Such substantial facilities may Include tennis courts, children's play areas with
g equipment or a swimming pod. The type and size of facility shall be appropriate to the type and
amount of clientele being served;
11. Maximum length of stay In recreational vehicle parks shall not exceed 180 days for any one -year
time period;
12. Interior roads within mobile home and recreational vehicle parks shall be private. This does not
preclude the development of public roads where necessary as determined by the Colony Engineer.
t : 13. For each mobile home space there shall be provided and maintained at least two (2) parking spaces
conforming with zoning ordinance requirements. In addition to occupant parking, guest and service
parking shall be provided within the boundaries of the park at a ratio of one (1) parking space for
each two (2) moble home spaces.
14. There shag be a minimum of ten (10) feet of separation maintained between all mobile homes on
f the site. Accessory structures may be located no closer than ten (10) feet to any mobile home or
five (5) feet to other accessory structures.
15. Each rental space shall be numbered.
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21.32.080 COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL
Where binding site plans involve uses which may generate industrial or hazardous wastes, said binding site
plans may be required to Install improvements, establish plans or other necessary measures as deemed
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necessary to comply with Health District and /or Department of Ecology standards and requirements.
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39
CHAPTER 21.32
TITLE 21 REQUIRED IMPROVEMENTS & DEVELOPMENT STANDARDS
21.32,090 NONRESIDENTIAL
Standards which are not specified In this tine for required improvements in binding site plans, subdivisions
and short subdivisions to be used for industrial, commercial, multiple - family or other types of development
shall be appropriate for the public use and demand anticipated upon full development of the division, and
shall be approved by the Technical Committee in accordance with sound engineering, fire protection,
planning and sanitation practice.
21.32.100 INSPECTION
Required Improvements shall be inspected to the satisfaction of the County Engineer and /or the Health
Department, whichever is responsible. Inspections shall be requested by the subdivider at such stages as
may be indicated by the appropriate department. The cost of all Inspections, plan checking, testing, sampling
and other work incidental to approval of the required Improvements shall be charged to the subdivider and
paid before approval of the subdivision or release of the security or, for binding site plans, prior to the
issuance of an occupancy permit or If none required, use inauguration. The Engineering Department may
arrange for utility inspection to be conducted by properly qualified consultants. and may charge the
subdivider for the costs of such inspections. No bridge, water system or sewer system shall be accepted
unless the design and construction thereof shall have been certified by a registered civil engineer in
accordance with all applicable State and local requirements.
21.32.110 SECURITY
As an alternate to complete Installation of required Improvements, the subdivider may elect to post securities
consistent with Whatcom County Development Standards guaranteeing completion of the work. Water
supply source development and drainage improvements shall be completed prior to acceptance of any
security.
40
CHAPTER 21.36
TITLE 21 SURVEYS
SURVEYS
SECTIONS:
21.36.010
PLATS
21.36.020
NOTES
21.36.030
ORIENTATION
21.36.040
GENERAL DATA
21.36.050
CONTROL MONUMENTS
21.36.060
ROAD MONUMENTS
21.36.070
LOT CORNERS
21.36.080
WATERFRONT
21.36.090
BONDING
21.36.010 PLATS
The survey and preparation of every proposed final plat, short plat and general and specific binding site plan
shall be made by or under the supervision of a registered land surveyor. All surveys shall conform to
standard practices and principles for land surveying.
The County Engineer shall be furnished with a complete survey of the section or sections In which the plat
Is located, or as much thereof as may be necessary to properly orient the plat within the section or sections.
The plat and section 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. A sketch showing all distances, angles, and calculatlons required to determine
comers and distances of the plat shall accompany this data The allowable error of closure shall not exceed
one (1) foot In 5,000 feet.
Primary survey control points shall be referenced to section comers and monuments. Comers of adjoining
binding site plans, subdivision or short plats or portions thereof shall be Identified and ties shown.
The surveyor shall provide data as to the area of each lot of 20,000 square feet or less, to the nearest square
foot; the area of the entire subdivision or general binding site plan and of each lot of over 20,000 square feet,
to the nearest one hundredth of an acre; and the length of each road right-of -way, to the point of Intersection
or center of cul- de-sac.
t
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1. Permanent control monuments shall be made of concrete, as per Whatcom County standards, and
shall be established at:
E ; A. All controlling comers on the boundaries of the plat
B. The intersections of centerlines of roads within the plat.
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41
CHAPTER 21.36
TITLE 21 SURVEYS
C. The beginning and ends of curves on centerlines.
D. All block comers not at intersections.
2. Permanent control monuments may be placed on offset lines. The position and type of every
permanent monument shall be noted on all plats of the subdivision.
21.36.060 ROAD MONUMENTS
Permanent control monuments within the streets shall be set after the roads are graded.
21.36.070 LOT CORNERS
Every lot comer shall be marked by a permanent marker as approved by the County Engineer, driven into
the ground; pending publication of standards recommended by the Joint committee established by
Chapter 58.17 RCW.
•
if any land in a subdivision or binding site plan Is contiguous to a body of water, a meander line shall be `
established along the shore at a safe distance back from the ordinary highwater mark. Property lying beyond f
the meander line shall be defined by distances along the side property lines extended from the meander 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.
21.36.090 SECURITY
The County Engineer may permit the placing of permanent control monuments within the plat and surveying
of lot comers to be completed after filing of the final plat; provided that securities guaranteeing completion
of said surveying within one year shall be posted in an acceptable form and amount, and provided further
that temporary surveyed and referenced markers are placed prior to filing of the plat
42
H
A
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1
E
TITLE 21
PLAT STANDARDS
SECTIONS:
21.40.010 PRELIMINARY PLATS
21.40.020 FINAL PLATS
21.40.030 SHORT PLATS
21.4.1 PRELIMINARY PLATS
CHAPTER 21.40
PLAT STANDARDS
43
h
Every preliminary plat presented for approval shall consist of one or more maps together with written data
In such form that when the maps and written data are considered together they shall fully and dearly provide
all Information relevant to county review and approval.
T
1. Written Data
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A The name of the proposed subdivision;
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B. The name, address and telephone number of the person with whom official contact should
be made regarding the proposed subdivision;
C. The name, address, telephone number and seal of the registered land surveyor or design
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consultant who prepared the preliminary plat;
'
D. The names and addresses of all persons, firms and corporations holding such legal Interests
in the land as easements, liens or judgments, or which the applicant has knowledge;
a;
E. A common language description of the general location of the subdivision and the legal
description of land contained within the subdivision;
a
F. A marginal statement covering 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; and
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G. A draft of the restrictive covenants proposed to be imposed upon land within the subdivision;
r-
2. Graphic Data
A. A sketch of the general vicinity in which the land proposed for subdivision is located,
showing all nearby land owned by the subdivider and the lot lines of all nearby subdivisions;
B. A directional arrow pointing toward true north; the scale of the drawing (1 Inch: 100 feet or
C. The perimeter of the proposed subdivision, marked with a bold line;
T
D. All existing monuments and fends located by any boundary survey together with the date
of such survey;
E. The boundaries of all blocks, marked with a bold line, and the location of all lot lines within
the proposed subdivision, together with the numbers proposed to be assigned each lot and
block, and .the approximate dimensions of each lot;
F. The location, names, and wkfths of all existing and proposed streets, roads, and easements
within the proposed subdivision and within 300 feet thereof;
43
h
CHAPTER 21.40
TITLE 21 PLAT STANDARDS
G. Property lines and names and addresses of the owners of all land within 300 feet of the
perimeter of the plat;
H. The location and, where ascertainable, sizes of all permanent buildings, wells, water courses,- -
bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries
section lines, township lines, meander lines, and other Important features existing upon, over
or under the land proposed to be subdivided;
I. Contour lines of sufficient Interval, not exceeding five feet, to show the topography of the
land to be subdivided, referenced to either the United States Coast and Geodetic Survey
datum, county datum or other datum acceptable to the County Engineer,
J. A layout of proposed easements, alleys, walkways, utility mains, and parcels proposed to
be dedicated or reserved for school, park, playground, well site or other uses. Road and
utility profiles shall be provided In accord with the requirements of the County Engineer upon
request.
K In subdivisions proposed to be served by individual septic tanks, the location of Sol log
holes together with data regarding percolation rates. It Is preferred that this information be
submitted directly to the Health Department prior to submittal of the preliminary plat;
L General plans of proposed water distribution systems, sewage disposal systems and
drainage system, indicating locations and sizes; source of water supply, location and size
of storage reservoirs, location of drainage outlet and other major features;
M. Other Information relating to public health, safety and general welfare as may be deemed
relative to consideration of the proposed plat by the Technical Committee; and
N. Six (6) copies of the maps and written data shall be provided to enable the Technical
Committee to distribute copies to all concerned agencies.
21.40.020 FINAL PLATS
Every final plat shalt consist of one or more pages, each 24 Inches square and dearly and legibly drawn on
tracing cloth, stable base myiar polyester film or equivalent approved material. All drawing and lettering on
the final plat shalt be in permanent black ink or an approved equivalent
The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the
plat The scale shall be a common engineering scale of sufficleri size for good legibility and shall
be the same for each addition. A marginal line shall be drawn completely around each sheet, leaving
an entirely blank margin of two inches on the left side and one inch on the remaining sides.
2. Each sheet of the final plat shall contain the name of the subdivision, the section, township and
range, the number of the individual sheet, and the total number of sheets in the set Subdivisions
Ned by division shall be titled as additions and numbered in sequence of fling.
3. All signatures affixed to a final plat shall be original signatures written In permanent black ink.
4. Every final plat shall Induce an accurate map of the subdivided land, based upon a complete survey
thereof; the map shall include:
A All section, township, municipal and county lines lying within or adjacent to the subdivision;
B. The location of all monuments or other evidence used as ties to establish the subdivision's
boundaries;
C. The location of all permanent control monuments found and established at the controlling
comers of the parcel being subdivided and within the subdivision;
44
TITLE 21
5.
D.
E.
F.
G.
H.
I.
J.
K
L
CHAPTER 21.40
PLAT STANDARDS
The boundary of the subdivision with complete bearings and lineal dimensions;
The length and bearings of all straight lines; the radil, arcs and semitangents of all curves;
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 subdivision;
The location and width of all easements, shown with broken lines, and a description of the
purpose thereof;
Numbers assigned to all lots and blocks within the subdivision;
Names of any adjacent subdivision;
The scale and the north point on each sheet containing a map;
Any roads not dedicated to the public, as may be approved by variance, shall be dearly
marked.
in addition to the map or maps, every final plat shall contain written data Including:
A. A reference to any covenants or restrictions;
B. The legal description of land contained within the subdivision;
C. A certificate signed by a registered land surveyor that the plat was surveyed and prepared
either by self or under his /her supervision; the plat is a true and correct representation of
the lands actually surveyed; and permanent control monuments have been established at
each and every controlling comer of the parcel of land being subdivided;
D. A statement of approval signed by the County Engineer or by a licensed engineer acting
on behalf of the county as to survey data; layout of roads, alleys and other rights -of -way;
and the design of bridges, sewage and water systems, and other structures;
E. A statement of approval as to the adequacy of the means of sewage disposal and water
supply Installed or proposed In the subdivision; signed by the District Health Officer;
F. A statement of the Hearing Examiner that the subdivision conforms to the terms of
preliminary approval; and, if any portion of the subdivision lies within a flood control zone,
a statement that written approval has been received from the State Department of Ecology
or its successor.
G. A certificate giving a full and correct description of the lands divided as they appear on the
plat or short plat, including a statement that the subdivision or short subdivision has been
made with the free consent and in accordance with the desires of the owner or owners. If
the plat or short plat Is subject to a dedication, the certificate or a separate written
Instrument shall contain the dedication of an streets and other areas to the public, and IndM-
dual or Individuals, religious society or societies, or to any corporation, public or private as
shown on the plat or short plat and a waiver of .all claims for damages against any
governmental authority which may be occasioned to the adjacent land by the established
construction, drainage and maintenance of said road. Said certificate or Instrument of
dedication shall be signed and acknowledged before a notary public by all parties having
any interest In the lands subdivided and recorded as part of the final plat;
H. A certificate signed by the Whatcom County Treasurer that all taxes and delinquent
assessments for which the property is liable as of the date of certification have been duly
paid, satisfied or discharged;
45
TITLE 21
CHAPTER 21.40
PLAT STANDARDS
I. Space for approval by the Chairperson of the Whatcom County Council; and
J. A certificate for acknowledgement of the filing of the plat by the County Auditor and
providing for the name of the person filing the plat.
6. In addition to the map and written data, every final plat shall be accompanied by a title report
confirming that the tide of the lands as described and shown on said plat is In the name of the
owners signing the certificate. In addition to the original copy of the final plat, there shall also be
provided one (1) reproducible and three (3) paper copies; for the County Engineer, the County
Assessor, the Health Department and the Hearing Examiner, respectively. Two (2) copies of the
covenants and restrictions shall also be provided.
7. An offer of dedication may include a waiver of right of direct access to any street from any property;
and N the dedication Is accepted, any such waiver is effective. Such waiver may be required by local
authorities as a condition of approval. Roads not dedicated to the public must be clearly marked
on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be
considered+ to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee
or grantees for his, her or their use for the purpose Intended by the donors or grantors as aforesaid.
Short plats shall be based upon a complete survey, and Information requirements for submission shall be
determined and published by the Technical Committee within the limitations established by
Sections 21.40.010 and 21.40.020, except as follows:
1. Short plats shall be 18 Inches x 24 Inches.
2. Short plats shall be numbered in sequence of filing according to the County Auditor's records.
3. Short plats which contain a dedication shall include certificates to be signed by the surveyor, the
County Engineer, the owner and the Chairperson of the Technical Committee, together with an
acknowledgement for the person filing the plat before the County Auditor. The certificate signed
by the County Engineer shalt Indicate acceptance of the dedication on behalf of Whatcom County
as well as his/her examination and approval of the short plat.
4. Short plats which do not contain a dedkcation shall include certificates to be signed by parties with
ownership Interest and by the Chairperson of the Technk:al Committee.
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46
a
TITLE 21
VARIANCES
SECTIONS:
21.44.010
APPLICATION
21.44.015
FEES
21.44.020
SUBDIVISION VARIANCES
21.44.030
SHORT SUBDIVISION VARIANCES
21.44.040
CONDITIONS
21.44.050
DESIGNED DEVELOPMENTS
12 44.010 APPLICATION
CHAPTER 21.44
VARIANCES
Variances from the foregoing regulations may be permitted under certain circumstances, provided that an
application Is submitted In writing, along with written permission for an additional thirty (30) days for
determination.
21.44.015 FEES
Applications for subdivision plat variance shall be accompanied by a fee of $100 payable to the Bureau of
Buildings and Code Administration.
21.44.020 SUBDIVISION VARIAN
s
After a public hearing concerning a subdivision has been held, the Hearing Examiner shall grant a variance
request If It Is found that there exists extraordinary conditions of topography, access, location, shape, size,
drainage, or other special or unusual circumstances; or that extraordinary hardship may result from strict
compliance with these regulations; and that justice could be done and the public interest secured by the
` granting of the variance.
21.44.030 SHORT SUBDIVISION VARIANCES
i - A Variance to the regulations of this Ordinance may be granted by the Technical Committee upon a finding
y that a special or unusual circumstance exists or that extraordinary hardship may result from strict
compliance with the requirements for short subdivisions; and that justice could be done and the public
interest secured by the granting of a suitable variance.
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1. In granting subdivislon variances and modifications, the County Council and Hearing Examiner may
require such conditions as will In Its judgement secure substantially the objectives of the standards
or requirements so varied and modified.
2. in granting short subdivision variances, the Technical Committee may also require such conditions
as will, in its judgement, secure substantially the objectives of the standards or requirements so
varied and modified.
21.44.050 DESIGNED DEVELOPMENT
Variances permitting designed developments shall be reviewed in light of the following criteria:
41
TITLE 21
CHAPTER 21.44
VARIANCES
The applicant shall have submitted a detailed site development plan and narrative description for
the proposed project. Said plan and description shall delineate the various components of the
proposal and said components shall be combined In a manner which Is consistent with the
underlying zoning district use requirements, Comprehensive Plan policies and any applicable
development standards.
2. The applicant shall establish that the proposed project cannot be accomplished through employment
of the conventional design procedures contained In the applicable provisions of the Zoning and
Subdivision Ordinances; and that the waiver of such provisions will not defeat the policies contained
In such ordinances, nor harm the public Interest or welfare.
3. The design proposed to be used In the development of the project shall be reviewed by the
Technical Committee.
4. The proposal shall demonstrate that there are adequate services and utilities available to the site,
or such are proposed to be made available pursuant to the construction of the project
5. =Any detrimental Impacts to neighboring properties, or any demands made upon public facilities
which result from the granting of the design variance requested herein, shall not exceed the
maximum that would be approximately attributable to the property If it had been developed with
Identical uses under conventional design standards.
6. With respect to residential uses, the overall density shall not exceed that permitted by the underlying
zoning or Comprehensive Plan designation, whichever Is more specific. Provided that I the
development is proposed to be subdivided Into residential lots, those portions of the site which
shall be used to compute density shall not include any areas devoted to commercial enterprises,
except farming and forestry, or to other uses catering primarily to an off -site clientele.
48
TITLE 21
SECTIONS:
21.46.010
21.46.020
21.46.030
21.46.040
21.46.050
LEGAL PROVISIONS
VIOLATION
REMEDIES
SEVERABILITY
EFFECTIVE DATE
ADOPTION
VIOLATION BINDING SITE PLANS,
SUBDIVISIONS AND SHORT SUBDIVISIONS
CHAPTER 21.46
LEGAL PROVISIONS
No land comprising any part of a proposed binding site plan, subdivision or short subdivision to be
established henceforth in the unincorporated area of Whatcom County shall be sold, leased, or offered for
sale or lease until such binding site plan, subdivision or short subdivision has been approved as provided
by this Ordinance; and, In the case of a subdivision, until the final plat thereof has been filed for record with
the Whatcom County Auditor except as provided In Section 21.20.130.6 of this Ordinance: and 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,
tract or portion thereof shall be guilty of a gross misdemeanor, and each sale or lease, or offer for sale or
lease shall be a separate and distinct offense for each separate lot, tract or portion of said land.
21.46.011 COURT ORDER
r ; 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.
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; 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.
If any provision of this Ordinance or Its application to any person or circumstance Is held Invalld, the
remainder of this Ordinance or the application of the provision to other persons or circumstances shall not
be affected.
This Ordinance shall become effective 30 days following enactment. However, It shall not become
operational until 30 days after copies of the map of the Comprehensive Plan for Whatcom County are made
available for public distribution.
`j 21.46.050 ADOPTION
Originally adopted by the Board of County Commissioners of Whatcom County this 9th day of December,
1971. Readopted by the Whatcom County Council this 6th day of June, 1985.
49