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DRAFT III - May 5, 1983
DATE January 6, 1983
INTRODUCED BY Johnson
PROPOSED BY Bldg. & Codes
ORDINANCE NO. 83 -34
AN ORDINANCE AMENDING SECTION 8.12.030 AND SECTION
8.28 OF THE WHATCOM COUNTY SUBDIVISION REGULATIONS
WHEREAS, Section 8.12.030 of the Whatcom County Subdivi-
sion Regulations exempts certain divisions of property from
short plat requirements which are not sanctioned by state law;
and,
WHEREAS, pursuant to the request of the County Council's
Planning and Development Committee the Whatcom County Planning
Commission has reviewed certain revisions to Section 8.12.030
as hereinafter set forth; and,
WHEREAS, it is in the public interest and in accordance
with state law to adopt the proposed revisions;
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County
Council that'Section 8.12.030 and 8.28 of the Whatcom County
Subdivision Regulations be and hereby is amended as set forth
in Exhibit "A" and 1113" which is annexed hereto.
APPROVED this 5th day of May, 1983•
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Clerk -Of jhe Council
WILLIAM_P. ROEHL,
Vice - Chairman
(x) APPROVED ( ) VETOED
JOH LOUWS
County Executive
May 6, 1983
DATE
1 Published on January 23, and May 21, 1983 .
2 This ordinance becomes effective on May 16, 1983 .
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ORDINANCE - 2
May 5, 1983
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EXHIBIT "A"
8.12.030 Exemptions. The following are exempt from the
provisions of this Ordinance.
1. Divisions of land into lots or tracts, none of which
are smaller than twenty 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 desig-
nated 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 agricul-
ture, or to retain a home site for a farm owner who is
retiring, or otherwise permitted in Section 2.21.270.300 of the
Interim Zoning Ordinance.
2. Divisions of land into no more than four lots or
tracts, which are less than twenty (20) acres, none of which
are smaller than five 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 trans-
ferred using this exemption shall be re- divided
within five years of the date of sale, lease or
transfer; 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.
ORDINANCE - 3
May 5, 1983
1 3. Divisions made in connection with acquisition
2 of land by Whatcom County, including divisions made by deed
3 for road widening purposes, provided that such land may be
4 accepted on behalf of Whatcom County by action of the
5 Whatcom County Council.
6 4. Division made by testamentary provision, or the laws
7 of descent.
8 5. Divisions of land made by lease for purposes other
9 than building development or establishment of sites for mobile
10" homes,.temporary dwellings or camping occupancy.
11 6. A division made for the
purpose of adjusting boundary
12 lines which does not create any additional lot, tract, parcel,
13 site, or division nor create any lot, tract, parcel, site, or
14 division which contains insufficient area and dimension to meet
15 minimum requirements for width and area for a building site.
16 7. Cemeteries and burial plots while used for that
17 purpose.
18 8. Divisions made by deed release from a tract of land
19 being purchased on a real estate contract, provided that such
20 division is intended for financial purposes or other use by the
21 contract purchaser and not for sale of lease.
22 9. Assessor's plats made in compliance with RCW 58.18.010
23 and Sections 58.17 and 58.17.250.
24 10. Gifts of land between grandparents, parents, spouses,
25 and children provided:
26 A. All parcels created by the division are greater
27 than five acres nominal area.
28 B. All parcels created by the division are consistent
29 with applicable zoning regulations, comprehensive
30 plan policies, and subdivision requirements.
31 C. No further division, transfer, or sale of land
32 shall be done within five (5) years without filing
ORDINANCE - 4
May 5, 1983
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a final plat pursuant to these regulations. This
restriction shall be noted on the instrument of
conveyance.
8.12.040 Restriction 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.
8.12.050 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 certi-
ficate of exemption shall consist of a suitably inscribed stamp
on the instrument conveying land title, and shall be certified
prior to the recording of the instrument with the County
Auditor.
ORDINANCE - 5
May 5, 1983
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EXHIBIT "B"
CHAPTER 8.28
Short Subdivisions
Sections:
8.28.010. ^enera1
8.28,x' Application
8.,18.x.. Summary Approval of Short Subdivisions for
purposes of Gift
8.28.030 Procedures
8.28:040 Appeal
8.28.010 General..
1. Short subdivision 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. Short subdivisions which contain a dedication shall be
platted in accordance with the requirements of this Ordinance
for a subdivision of five or more lots. A short subdivision
which abuts, on a public road having less than 30 feet of right-
of-way from the centerline of the road to the boundary of the
short subdivision shall not be approved unless a variance
therefore is granted by,the Technical Committee.
3. 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 4.
4. Summary approval of short subdivisions for purposes of
gifts of land between grandparents, spouses, and children may
be authorized under Section 8.28.025 of this ordinance. The
land from which the parcel is divided may be redivided within
five years by the original land owner provided that all parcels
previously divided and sold be counted in determining whether
the division constitutes subdivision under these regulations.
ORDINANCE - 6
May 5, 1983
III,
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8.28.020 Application.
Applications for approval of short subdivisions shall be
prepared in accordance with Section 8.40.030 and shall be sub-
mitted to the Technical Committee together with the following
fees to the,Bureau of Building and Codes Administration except
as provided herein.
1. $100.00 plus $6.00 per lot per short subdivision
to the Whatcom County Current Expense Fund;
2. $50.00 plus $50.00 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.' $50.00 for amended short subdivisions.
5. $25.00 for certificate of exemption.
6. $25.00 for lot line adjustments.
7• $50.00 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 from a
tract of land being purchased on a real estate
contract, provided that such division is intended
for financial purposes or other use by the contract
purchaser and not for sale or lease.
8.28.025 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
8.12.030 of this ordinance may qualify for summary approval
under this section provided:
ORDINANCE - 7
May 5, 1983
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An application shall be filed for a short subdivi-
sion pursuant to Section 8.28.020.
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2.
All parcels created by the division shall meet all
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applicable short plat standards and the approved
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requirements of this Ordinance with the exception
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that no improvements or survey shall be reuired at
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the time of subdivision approval.
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3.
Upon review and preliminary approval by the Technical
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Committee, an instrument of conveyance shall be pre -
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pared. The legal description on the instrument shall
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be prepared by a licensed surveyor and described by
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a metes and bounds description, where feasible. This
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instrument, along with a dimensioned sketch of the
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proposed division shall constitute the approved short
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subdivision when appropriate restrictions and
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covenants are attached to the instruments of convey -
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ante, and the instrument is approved by the Chairman
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of.the Technical Committee, and is filed with the
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County Auditor.
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4.
Any conveyance outside the immediate family as
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previously defined, of parcels created by this sec -
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tion, shall require the property to be formally
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short platted prior to sale, lease, or transfer.
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No further division of the property conveyed shall
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take place within five years of the conveyance with -
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out filing a final plat.
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5.
Any improvements required by ordinance at the time
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of the proposed sale or transfer shall be completed
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or bonded prior to approval of the land transfer.
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6.
No family member may receive more than one parcel
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from any original parcel under authority of this
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section.
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ORDINANCE
- 8
May 5, 1983
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8.28.030 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 8.20.010.
2. Upon receipt of a properly 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 applications for
approval of short subdivision may be processed without delay
and without an actual meeting of the Technical Committee. The
County shall also promptly notify the agencies and munici-
palities indidated for processing of preliminary plats in
Chapter. 58.17 RCW and shall give such public notice as the
Hearing Examiner deems advisable.
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 subdivi-
sion which the Hearing Examiner and Council are directed by
State law and this Ordinance to consider in approval of sub-
divisions; 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 was required for this approval.
5. A certificate of exemption may be issued by the
Technical Committee, upon request.
ORDINANCE - 9
May 5, 1983
1 6. Notice of approval, notice of the requirements to gain
2 approval of the application, or notice of the reasons for dis-
3 approval shall be issued by.the County by certified mail within
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30 days of the date of application; provided that such period
5 may be extended to 60 days for applications which contain a
6 dedication and may be further extended upon written authoriza-
7 tion by the subdivider.
8 8.28.040 Appeal.
9 Any person or persons or public agency agrieved by a
10 decision to approve or disapprove a short subdivision or short
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subdivision variance must, prior to any court review, have the
12 decision reviewed by the Hearing Examiner. Application for
13 such review shall be made to the Bureau of Buildings and Code
14 Administration within 30 days following issuance of the
15 decision, together with a written statement of the grievance
16 and a fee of $100.00
payable to Bureau of Buildings and Code
17 Administration. The Hearing Examiner shall make a final
18 decision within 10 working days following the conclusion of all
19 testimony and hearings.
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ORDINANCE - 10
May 5, 1983