Title 29
SUBDIVISIONS

Chapters:

29.01 Purpose and Authority

29.03 Definitions

29.05 Application Requirements and Review Process

29.07 Public Notice

29.10 Criteria for Approval of a Land Division

29.13 Subdivision and Binding Site Plan Process

29.15 Planned Unit Development and Cluster Development Process

29.17 Short Subdivision and Large Lot Division Process

29.19 Preliminary Approval – Authorization and Expiration

29.20 Final Plat Requirements and Process

29.30 Standards for Subdivisions, Short Subdivisions, Large Lot Divisions

29.35 Standards for RV Parks and Mobile Home Parks (Binding Site Plans)

29.37 Standards for Commercial and Industrial Developments

29.40 Variances

29.43 Boundary Line Adjustments and Lot Combination

29.45 Alterations and Vacations

29.47 Enforcement

29.49 Administration

Chapter 29.01
PURPOSE AND AUTHORITY

Sections:

29.01.100 Statutory authorization.

29.01.200 Purpose.

29.01.300 Applicability.

29.01.400 Administration of this title.

29.01.500 Exemptions.

29.01.600 Referenced Federal, State and County codes.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

29.01.100 Statutory authorization.

This title shall be known and cited as the Clallam County Land Division Code and is hereby a part of the Clallam County Code. This title is adopted under the authority of Chapter 58.17 RCW.

29.01.200 Purpose.

This title is adopted as an official land use control for the unincorporated areas of Clallam County.

29.01.300 Applicability.

Every subdivision, short subdivision, binding site plan, RV park, mobile home park, or large lot division of land within the unincorporated area of Clallam County shall proceed in conformance with this title.

29.01.400 Administration of this title.

The Director of the Department of Community Development or his/her designated representative is vested with the responsibility to administer the provisions of this title.

29.01.500 Exemptions.

The provisions of this title shall not apply to:

(1) Any cemetery or burial plots while used for that purpose.

(2) Divisions of land into lots or tracts, each of which is 1/128th of a section of land or larger, or five (5) acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line; provided, however, that divisions of land 1/128th of a section of land or larger, or five (5) acres or larger, but less than 1/32nd of a section of land, or twenty (20) acres, shall be required to follow the procedures and requirements for large lot divisions contained in this title.

(3) Divisions made for the purpose of adjusting boundary lines; provided that such adjustment is made in compliance with Chapter 29.43 CCC.

(4) Divisions made by testamentary provisions or the laws of descent including the transfer of title for distribution of property by residuary or enforceable clause of a valid will, or by agreement or partition action which results following the operation of the laws of intestacy or descent; provided, that all other land use regulations apply.

(5) Divisions of land relating to the acquisition or exchange of land by public agencies, for public use and occupancy, including but not limited to land divisions made for road construction purposes.

(6) Divisions of land into lots or tracts if the improvements constructed or to be constructed thereon will be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest.

29.01.600 Referenced Federal, State and County codes.

All Federal, State or County codes referenced or cited in this title shall be used as now written or hereafter amended.

Chapter 29.03
DEFINITIONS

Sections:

29.03.100 Definitions.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 677, 1999 09/28/99

29.03.100 Definitions.

Whenever the following words and phrases appear in this title, they shall be given the meaning attributed to them by this section. “Shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision. Words not specifically defined herein shall be defined in the most recent edition of Webster’s New Collegiate Dictionary.

(1) “Administrator” means the Director of the Department of Community Development or his/her designee.

(2) “Affected party” means those parties with standing to bring action on appeals of decisions rendered pursuant to this title and is limited to the following parties:

(a) The applicant or owner of property on which the development is proposed;

(b) Any person entitled to notice of the application pursuant to Chapter 29.07 CCC;

(c) Any person who deems himself/herself aggrieved by a decision and who will suffer direct and substantial impacts from the proposal.

(3) “Alteration” means the revision, redivision, or amendment of a short plat, plat or large lot division that does not create any additional lots.

(4) “Arterial” means a County road of high traffic volume, as designated by the Clallam County Road Department.

(5) “Binding site plan” means a drawing to a scale specified in this title which:

(a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by this title;

(b) Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by Clallam County; and

(c) Contains provisions making any development conform with the site plan. A binding site plan create lots for the purpose of lease or rent, not for sale or transfer.

(6) “Board” means the Board of Clallam County Commissioners.

(7) “Boundary line adjustment” means a division made pursuant to this title for the purpose of adjusting boundary lines between two (2) parcels of land which does not create any additional lot, tract, parcel, or site; provided, that no unplatted lot which is greater than five (5) acres in size shall be made less than five (5) acres or 1/128th of a section by a boundary line adjustment.

(8) “Block” means a group of lots, tracts, parcels, or campsites within defined and fixed boundaries.

(9) “Community on-site sewage disposal system” means an on-site sewage disposal system which serves more than one lot within a land division or more than one individual use on a lot.

(10) “Community water supply system” means any publicly or privately owned system or water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission, and distribution facilities where water is furnished to any community, collection, or number of individuals, but excluding a water system serving one single-family residence.

(11) “Comprehensive Plan” means the Comprehensive Plan of Clallam County adopted by the Board as CCC Title 31.

(12) Condominium. Pursuant to RCW 64.34.020(9), a “condominium” is defined as real property, portions of which are designated for common ownership solely by the owners of those portions.

(13) “Critical areas” means those areas defined by the Washington State Growth Management Act, Chapter 36.70A RCW and the Critical Areas Code, Chapter 27.12 CCC, as now or hereafter amended.

(14) “Cul-de-sac” means a road closed at one end; a dead-end road.

(15) “Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner upon presentation for filing of a final plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval by the appropriate governmental unit of such plat for filing.

(16) “Density” means number of dwelling units per acre of land.

(17) “Dry site” means a site for use by a camper vehicle where sewer and water connections are not provided to the individual lots.

(18) “Dump station” means a designated location which is connected to an approved sewer system for the purpose of disposing wastes from holding tanks of camper vehicles.

(19) “Dwelling units” means space within a building designated for long-term residential use and which includes cooking and sleeping facilities.

(20) “Easement” means a written grant of one or more property rights to a person by a property owner.

(21) “Final plat” means the final drawing of the subdivision, short subdivision, binding site plan, or large lot division and dedication prepared for recording with the County Auditor and containing all elements and requirements set forth in Chapter 58.17 RCW and this title.

(22) “Hearing Examiner” means the Clallam County Hearing Examiner as established by Chapter 26.04 CCC.

(23) “Individual on-site sewage disposal system” means an on-site sewage disposal system serving only one lot within a development.

(24) “Land” means a parcel described in a deed, recorded in the County Auditor’s Office and, if privately owned, having only one tax parcel number assigned to it by the County Assessor’s Office. “Land,” “lot,” “parcel,” and “tract” shall have the same meaning.

(25) “Land divider” means a person or agent thereof who divides land pursuant to this title. The term “subdivider” shall have the same meaning as land divider.

(26) Land Division. For the purpose of this title, a “land division” shall include any application for division of land which is subject to this title, including a subdivision, planned unit development, binding site plan, short subdivision, or a large lot division.

(27) “Large lot division” means the division of land into two (2) or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership where each lot or parcel is 1/128th of a section of land or larger, or five (5) acres or larger if the land is not capable of description as a fraction of a section of land.

(28) “Legal access” means the description and/or descriptions which identify in writing the physical location of the nonexclusive vehicular access rights to a public street as provided in a recorded document. The width of an easement required for legal access shall be a minimum of thirty (30) feet.

(29) “Legal description” means the description and/or descriptions which identify by writing the physical location of the land interest conveyed as it exists on a recorded deed and/or deeds of the area to be platted.

(30) “Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

(31) Lot, Parcel, Tract or Site Size. For the purposes of computing lot, parcel, tract or site “size,” all or a portion of a road right-of-way shall be included when calculating size as defined by CCC Title 33.

(32) “Mobile home (manufactured home)” means a structure defined by RCW Title 46 as a transportable structure in one or more sections, built on a permanent chassis, to be used as a dwelling with or without a permanent foundation and with connections to required utilities that include plumbing, heating and electrical systems.

(33) “Mobile home lot” means a parcel of land within a mobile home park for the placement of a single mobile home and the exclusive use of its occupants.

(34) “Mobile home park subdivision” means a parcel of land divided into lots, under ownership or management of one person, firm, corporation, or unit of government for the purpose of locating mobile homes for dwelling or sleeping purposes on a rental or lease basis.

(35) “Owner” means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to seek development of land.

(36) “Permanent control monument” means a three-fourths-inch galvanized iron pipe or other equivalent set into concrete to mark a controlling corner on the boundary of a division or a section marker.

(37) “Person” means every individual, firm, company, partnership, corporation, association, family, legal entity, or any other human group, or combination acting as a unit, or any agent of any of the above.

(38) “Preliminary plat” means a near and approximate drawing to scale of a land division showing the general layout of roads and alleys, lots and other elements of a land division which shall furnish a basis for approval or disapproval. The term “preliminary land division” has the same meaning as preliminary plat.

(39) “Public sewer system” means a sewerage system which is owned or operated by a city, town, municipal corporation, county, political subdivision of the State, or other approved ownership consisting of a collection system and necessary trunks, pumping facilities and a means of final treatment and disposal and approved or under permit from the Department of Ecology.

(40) “Recreational vehicle (camper vehicle)” means a travel trailer, pick-up camper, converted bus, tent-trailer, motor home, camping trailer, or similar vehicular dwelling used for travel, vacation, or recreational purposes.

(41) “Recreational vehicle park (camper vehicle park)” means a plat of ground divided into lots or sites under the ownership or management of one person, firm, or corporation for use by camper vehicles.

(42) Redivision. See “Alteration.”

(43) “Short subdivision” or “short plat” means the division of land into four (4) or fewer lots, tracts, parcels or sites any one of which is less than five (5) acres or 1/128th of a section in area for the purpose of sale, lease or transfer of ownership.

(44) “Site registration for on-site sewage disposal systems” means a report verifying percolation test locations on each lot for on-site sewage disposal pursuant to Clallam County Board of Health Regulations, Chapter 4.045 C.C.H.R.

(45) “Street” means any vehicular way which:

(a) Is an existing State, County or municipal roadway; or

(b) Is shown upon a plat, short plat, or large lot division approved pursuant to County regulations; or

(c) Is approved by government action.

The street shall include all land within the boundaries of the road right-of-way whether improved or unimproved. “Road” and “street” shall have the same meaning.

(46) “Subdivision” means the division of land into five (5) or more lots, tracts, parcels, or sites any one of which is under five (5) acres or 1/128th of a section, for the purpose of sale, lease, or transfer of ownership.

(47) “Wet site” means a site for usage by a camper vehicle where sewer and water connections are provided to individual sites.

Chapter 29.05
APPLICATION REQUIREMENTS AND REVIEW PROCESS

Sections:

29.05.100 Preliminary application requirements.

29.05.200 Preliminary application procedure.

29.05.300 Adequacy and distribution of preliminary applications.

29.05.400 Processing time.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.05.100 Preliminary application requirements.

Preliminary applications for land divisions shall consist of a map drawn to scale, together with written data in such form that when the maps and written data are considered together, they shall fully and clearly represent the proposed land division. The following data shall be furnished:

(1) The name of the land division.

(2) A legal description of the boundary of the proposed land division shown by a recorded document or signed purchase agreement.

(3) Notwithstanding the definitions in Chapter 29.03 CCC, the land divider may choose to include within the boundaries of the application all of the land divider’s contiguous land which is separately described by a legal recorded document intended to be considered.

(4) The date of preparation of the maps, an identified north arrow, scale of the map, the total area of the plat, and clear identification of the map as a preliminary drawing.

(5) The names and addresses of all owners, land dividers, and, if known, engineers and surveyors.

(6) The boundaries of all blocks and lots, together with the assigned block and lot numbers, beginning with number one and proceeding in a consecutive sequence. The total number of lots, and the approximate size of each lot in acres or in square feet. If lots are the same sized such lots may be so identified in lieu of specifying the size of each individual lot.

(7) Existing Zoning Code classification.

(8) Existing use of the land.

(9) A vicinity map which clearly relates the division’s location to nearby rivers, creeks and public roads to enable interested persons and agencies to determine the location of the site and obtain a geographical orientation to assist them in their review of the application. Said sketch shall be accompanied by a separate document giving instructions for reaching the site by automobile from a commonly known geographical reference point such as a public road intersection.

(10) A statement that describes the use that is planned for each lot.

(11) For new Group A public water systems, a qualified professional’s report of water availability to serve the land division.

(12) The location, width, names, approximate grades of existing and proposed streets and alleys within and adjacent to the land division. Also the location, width, use or purpose of all existing or proposed easements within or adjacent to the land division.

(13) Site elevation or topographical information which informs the County of the approximate slope or slope variations on the site and showing the direction of surface drainage ways. If the average slope of the site is ten (10) percent or greater or substantial portions of the site are ten (10) percent or more in slope, additional topographical information such as, but not limited to, contour lines shall be provided by a certified professional to assist reviewing agencies to determine topographical conditions of the subject site.

(14) Names of adjacent subdivisions, short subdivisions, or large lot divisions and property owners.

(15) Approximate location of critical areas as defined by Chapter 27.12 CCC, and location of drainage ways.

(16) Boundaries of land use zones, flood zones, shorelines and governmental jurisdictional boundaries adjoining or traversing the site.

(17) Existing structures, sewage disposal and water supply improvements, drainage facilities, electrical transmission utilities and irrigation improvements which are a matter of public record or are apparent during an on-site inspection.

(18) The location of proposed power, sewer and water improvements and easements including irrigation right-of-ways required pursuant to RCW 58.17.310. Proposed or existing water well locations and associated well setback areas shall be shown on the application.

(19) Environmental impact evaluation documents required by the State Environmental Policy Act, Chapter 43.21C RCW.

(20) Description of legal access to a public road if the land division does not front on a public road, including the grade and width of any existing roads.

(21) Other information necessary to evaluate the proposed division’s consistency with the requirements of this title.

(22) A statement signed by the land divider authorizing a named person to act as the land divider’s agent. If the land divider signs said statement, the Administrator will deal exclusively with the designated agent regarding the land division, unless said statement clearly specifies otherwise.

(23) If a lot within a land division is to be utilized for a permanent or temporary use not intended for human habitation and not requiring approval by the Clallam County Environmental Health Division, the applicant shall specifically state such use on the face of the preliminary and final plat. The lot shall be considered limited to that use.

(24) The means of sewage disposal for the land division: If a public or private sewer system is proposed, the location of the facility and approximate location of collection lines or disposal area if applicable shall be shown or described. If community or individual on-site treatment systems are proposed, describe the soil characteristics and soil types of the site as depicted in the SCS Soil Survey of Clallam County. Applications proposing on-site sewage disposal shall not be deemed complete until on-site soil evaluation application forms are submitted to the Department of Community Development with the required fees.

(25) If a land division is to be developed in phases, the preliminary plat shall generally outline such phases. Such identification of phases shall not preclude the applicant from modifying the phases following preliminary land division approval pursuant to the procedures set forth in this title.

(26) Preliminary drainage and erosion control plan if required by adopted County ordinance.

(27) Indicate if the property has been logged within the past six (6) years and if logged, please provide the permit number issued by Washington State Department of Natural Resources.

29.05.200 Preliminary application procedure.

Any person desiring approval of a preliminary land division shall submit an application to the Administrator.

(1) A land divider shall submit four (4) copies of the preliminary application, supplemental information, and an environmental impact checklist pursuant to the requirements of Chapter 27.01 CCC when applicable. The Administrator may require additional copies as determined necessary for those agencies who should review the land division.

(2) Unless otherwise permitted by the land divider, the application shall be processed concurrently with other land use related applications pertinent to the site to the extent that procedural requirements applicable to these actions permit such simultaneous processing.

29.05.300 Adequacy and distribution of preliminary applications.

The Administrator shall process all applications subject to this chapter in accordance with Chapter 26.10 CCC, Consolidated Permit Process Code.

Upon receipt of a complete application, which is then deemed as a vested application, the Administrator shall forward it to the agencies listed below. Upon receipt of the application for review, the agencies shall return written comments to the administrator within ten (10) working days:

(1) The Road Department;

(2) Appropriate divisions within the Department of Community Development;

(3) Any city where the land division is located within an urban growth area;

(4) The State Department of Transportation, if the land division is within 500 feet of a State highway right-of-way or within two (2) miles of the boundary of a State or municipal airport;

(5) Applicable private utilities, public utility districts, or irrigation districts;

(6) Other persons and agencies deemed appropriate by the Administrator.

29.05.400 Processing time.

Timelines for review of a land division application shall be consistent with Chapter 26.10 CCC, Consolidated Permit Process Code.

Chapter 29.07
PUBLIC NOTICE

Sections:

29.07.100 Public notice.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.07.100 Public notice.

Public notice shall comply with Chapter 26.10 CCC, Consolidated Permit Process Code.

Chapter 29.10
CRITERIA FOR APPROVAL OF A LAND DIVISION

Sections:

29.10.100 Criteria for approval.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.10.100 Criteria for approval.

Review and preliminary determination for a land division requires consistency with the following:

(1) The standards of this title;

(2) The Comprehensive Plan, CCC Title 31;

(3) The Zoning Code, CCC Title 33;

(4) The Shoreline Master Program;

(5) The Floodplain Management Code, Chapter 32.01 CCC;

(6) The Environmental Policy Code, Chapter 27.01 CCC;

(7) The Critical Areas Code, Chapter. 27.12 CCC;

(8) The Consolidated Permit Process Code, Chapter 26.10 CCC;

(9) The public health, safety, welfare, use and interest.

Chapter 29.13
SUBDIVISION AND BINDING SITE PLAN PROCESS

Sections:

29.13.100 Application review and analysis.

29.13.200 Hearing examiner action.

29.13.300 Board of Commissioners action on final subdivisions and binding site plans.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.13.100 Application review and analysis.

Upon completion of the application and review requirements for a subdivision as specified in Chapter 29.05 CCC, and required public notification as specified in Chapter 29.07 CCC, any interested person may submit written comment to the Administrator regarding that application. Written comments received by the Administrator shall be forwarded to the Hearing Examiner along with a Staff Report and analysis of the land division, the recommendations of the County Roads Department and other interested departments and agencies, and the findings of the environmental impact evaluation.

29.13.200 Hearing examiner action.

(1) Any person interested in an application for a subdivision or binding site plan may appear at the hearing set for review thereof and comment on the application. After completion of its public hearing, the Hearing Examiner shall grant preliminary approval of the application if the Hearing Examiner finds that it is consistent with CCC 29.10.100.

(2) When the Hearing Examiner determines that additional information is necessary, action on said application shall be continued until such information is available; provided, that the extension shall not exceed thirty (30) days unless the applicant consents to a longer period.

(3) The Hearing Examiner may attach to any decision of approval such reasonable conditions as may be necessary to assure that the development will comply with the criteria for approval and standards established by this title and other applicable codes, and to further the public health, safety and welfare, use and interest.

(4) The Hearing Examiner’s decision shall be based on findings of fact and conclusions of law and shall reference the requirements of adopted County code or State law.

(5) Records of hearings and information before the Hearing Examiner on preliminary subdivisions and binding site plans shall be kept by the Administrator and shall be available for public inspection upon request.

29.13.300 Board of Commissioners action on final subdivisions and binding site plans.

As the legislative authority for Clallam County, the Board of Commissioners shall grant final approval upon finding that the applicant has complied with all requirements and conditions consistent with this chapter. The Administrator shall forward a final subdivision along with a statement on whether or not all requirements have been met, including a recommendation to the Board for its action. The Board shall take action on final subdivisions at its next regularly scheduled meeting. No public notice is required.

Chapter 29.15
PLANNED UNIT DEVELOPMENT AND CLUSTER DEVELOPMENT PROCESS

Sections:

29.15.100 Application review and analysis.

29.15.200 Combined review process.

29.15.300 Hearing examiner action.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.15.100 Application review and analysis.

Upon completion of the application and review requirements for a planned unit development or cluster development, as specified in Chapter 29.05 CCC, and required public notification, as specified in Chapter 29.07 CCC, any interested person may submit written comment to the Administrator regarding that application. Written comments received by the Administrator shall be forwarded to the Hearing Examiner along with a Staff Report and analysis of the planned unit development, the recommendations of the County Roads Department and other interested departments and agencies, and the findings of the environmental impact evaluation.

29.15.200 Combined review process.

An application for a planned unit development or cluster development shall be processed concurrently with the associated land division permit with only one review authority, unless otherwise requested by the applicant.

29.15.300 Hearing examiner action.

(1) Any person interested in an application for a planned unit development or cluster may appear at the hearing set for review thereof and comment on the application. After completion of the public hearing, the Hearing Examiner shall approve the application if the Hearing Examiner finds that it is consistent with CCC 29.10.100 along with Chapter 33.23 CCC.

(2) When the Hearing Examiner determines that additional information is necessary, action on said application shall be continued until such information is available; provided, that the extension shall not exceed thirty (30) days unless the applicant consents to a longer period.

(3) The Hearing Examiner may attach to any recommendation of approval such reasonable conditions as may be necessary to assure that development will comply with the criteria for approval and standards, as established by this title, other applicable codes, and to further the public health, safety and welfare, use and interest.

(4) The Hearing Examiner’s decision shall be based on findings of fact and conclusions of law and shall reference the requirements of adopted County codes or State law.

(5) Records of hearings and information before the Hearing Examiner on the preliminary planned unit development shall be kept by the Administrator and shall be available for public inspection upon request.

Chapter 29.17
SHORT SUBDIVISION AND LARGE LOT DIVISION PROCESS

Sections:

29.17.100 Application review and analysis.

29.17.200 Administrator’s action.

29.17.300 Appeals.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.17.100 Application review and analysis.

Review requirements for a short subdivision or large lot division shall comply with Chapter 26.10 CCC.

29.17.200 Administrator’s action.

The Administrator shall compile the recommendations of the Department of Community Development, the County Roads Department, and other interested departments and agencies, and review the findings of the environmental impact evaluation, if applicable. The Administrator shall take action on all preliminary short subdivisions or large lot divisions, except for those applications which also propose planned unit developments, within forty-five (45) days following the filing of a complete application or such additional period as the land divider may authorize, not to exceed 180 days.

Based on review of the information presented, the Administrator shall determine if the proposed preliminary short division or large lot subdivision is consistent with Chapter 29.10 CCC and shall take one of the following actions:

(1) If the Administrator finds that the preliminary short subdivision or large lot subdivision complies with the criteria for approval as specified in Chapter 29.10 CCC, the Administrator shall approve the preliminary short subdivision or large lot subdivision and attach such necessary conditions to ensure compliance with standards of this title. Recommendations of approval may include reasonable conditions necessary to further the public health, safety and welfare, use and interest.

(2) If the Administrator finds that the preliminary short subdivision or large lot division does not comply with the criteria for approval as specified in Chapter 29.10 CCC, the Administrator shall deny the preliminary short subdivision or large lot division.

(3) The Administrator’s recommendation shall be based on findings of fact and conclusions of law. Said recommendation shall be based upon and shall reference the requirements of adopted County ordinances or State law. The action of the Administrator on a preliminary short subdivision or large lot division is final unless appealed.

29.17.300 Appeals.

Any appeal of the Administrator’s decision shall comply with the appeal process specified in Chapter 26.10 CCC.

Chapter 29.19
PRELIMINARY APPROVAL – AUTHORIZATION AND EXPIRATION

Sections:

29.19.100 Preliminary approval and authorization.

29.19.200 Other development permits.

29.19.300 Expiration limits for all land divisions.

29.19.400 Phased completion.

29.19.500 Further division.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 677, 1999 09/28/99

Ord. No. 714, 2001 10/02/01

29.19.100 Preliminary approval and authorization.

Approval of the preliminary land division shall constitute authorization for the land divider to provide the land division’s facilities and improvements in accordance with standards and procedures established by this title and any conditions imposed by the Board, Hearing Examiner, or Administrator as part of preliminary approval. No portion of the land division or area within a binding site plan shall be occupied prior to final plat approval with the exception of those structures that are legally existing and occupied at the time the preliminary land division application is submitted, except where otherwise authorized by this title.

29.19.200 Other development permits.

Permits for residential, commercial or industrial structures shall not be issued prior to final approval of the land division; except, on vacant property for the allowance of one residential, commercial, or industrial building permit to be issued upon review by the Administrator that the building permit issuance will not conflict with the proposed land division conditions, such as setbacks to proposed property lines and well radius requirements. Said building permit may be issued with the understanding by the applicant that guarantee of final approval of the proposed land division may be jeopardized, and that improvements, including structures, wells, septic systems, etc., may be conditioned to be shown on the final survey for verification of compliance with applicable setbacks.

29.19.300 Expiration limits for all land divisions.

(1) A final plat which meets all of the requirements of this title shall be submitted to the Administrator for processing and approval within five (5) years of the date of preliminary land division approval. The final plat may be presented to the County at any time during the period of preliminary approval. The preliminary approval shall be null and void unless a plat meeting all conditions and requirements for final approval is received during the original five (5) year approval period.

(2) The Board of Commissioners may approve a one-time twelve (12) month extension in time for the filing of a final plat. Requests for such extensions in time must be made no later than ninety (90) days prior to the expiration of the preliminary plat approval. All requests for an extension of time must contain a certification by a professional engineer registered in the State of Washington that improvements totalling at least fifty (50) percent of the cost of all required improvements have been installed. No bond in lieu of improvements shall be allowed for any land division for which an extension of time has been previously approved.

29.19.400 Phased completion.

During the five (5) year preliminary approval period and prior to final expiration for all applications subject to this title, the land divider may divide the land division into two (2) or more phases subject to the approval of the Administrator. The land divider may stage the installation of minimum improvements and the survey of the land division according to the approved phasing scheme. When a land division is accomplished in phases, street standards required for each phase shall be calculated in consideration of the land division’s total number of lots. Said phasing shall provide for the orderly development and/or extension of roads, utilities and other improvements and amenities. The County may require that an appropriate percentage of planned special improvements and amenities are developed with each phase to provide for each phase in the event the total land division is never completed.

29.19.500 Further division.

Recorded short subdivisions or large lot divisions may not be further divided in any manner within a period of five (5) years, except as follows:

(1) If the short plat contains fewer than four (4) parcels, nothing shall prevent the owner who filed the short plat from filing a new application within the five (5) year period to create up to a total of four (4) lots within the original plat boundaries.

(2) Except as provided by subsection (1) of this section, short subdivisions or large lot divisions may be redivided as a subdivision at any time after recording, but are subject to the process and conditions set forth for subdivisions pursuant to this title; provided, that the original plat boundaries are a part of the new application for a subdivision.

Chapter 29.20
FINAL PLAT REQUIREMENTS AND PROCESS

Sections:

29.20.100 Formation of final plats.

29.20.200 Improvement requirements for all land divisions.

29.20.300 Final plat map.

29.20.400 Supplementary information.

29.20.500 Survey requirements.

29.20.600 Monuments standards and requirements.

29.20.700 Final action by administrator.

29.20.800 Final action by Board of Commissioners.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

29.20.100 Formation of final plats.

For the purpose of this section, a final plat shall include all land divisions subject to this title. A final plat may be presented to the Administrator at any time after preliminary approval and prior to expiration. The final plat shall be accompanied by one copy. The final plat shall be approved, disapproved or returned to the applicant within thirty (30) days from the date of submission to the County unless the applicant consents in writing to an extension of such time period.

29.20.200 Improvement requirements for all land divisions.

All land divisions shall comply with the minimum standards and improvement requirements set forth in this title. The land divider shall demonstrate compliance with design standards during preliminary subdivision review and approval. All required improvements shall be installed after preliminary land division approval and prior to final land division approval. Every final plat shall consist of one or more pages, each eighteen (18) inches wide by twenty-four (24) inches, clearly and legibly drawn on polyester base (mylar) film with a minimum thickness of three (3) mil. All drawing and lettering on the final plat shall be in permanent black ink. The only acceptable alternative is photographically processed mylar film copies (“photographically processed” means fixed line silver based photopositive chemical process). The following processes are not acceptable: diazo (ammonia) process mylar, electrostatic mylar, wash off (wet erasable) mylar, sepia paper, pencil on mylar or tracing paper.

The perimeter of the plat shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be 200 feet to one inch or such other appropriate scale approved in writing by the Administrator. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of at least one-half inch. All signatures shall be original signatures written in permanent black ink or an approved equivalent.

29.20.300 Final plat map.

Every final plat shall include an accurate map of the divided land based upon a complete survey pursuant to this title. The map shall include but shall not be limited to:

(1) All section, township, municipal, and County lines lying within or adjacent to the land division.

(2) Description of all corners necessary to determine the exterior boundaries of the land division and to show bearing and distance ties to a minimum of two (2) monumented corners of record which were used for the construction of the survey or land division.

(3) The location of all permanent monuments found and established within the land division.

(4) The boundary of the land division complete with bearings to the nearest one second and lineal dimensions to the nearest one-hundredth of a foot.

(5) The length and bearings of all straight lines; the radii, length of arcs and central angles of all curves.

(6) The location, width, centerline, name and number of all streets within and adjoining the land division.

(7) The location and width, shown with broken lines and descriptions of all easements.

(8) Numbers assigned to all lots and blocks within the land division.

(9) The names of any adjacent subdivision short subdivisions, or large lot divisions with County Auditor file recording information.

(10) The location of critical areas and their associated buffers are required to be shown on the face of the final plat in accordance with Chapter 27.12 CCC or the conditions of preliminary plat approval.

(11) Statements identifying the purpose of all dedicated common areas other than streets.

(12) Dedications of land to the public or to the lot owners shall be clearly indicated on the face of the final plat for drainage ways, road rights-of-way, utility easements, water supply and sewage disposal facilities, recreation and open space areas, fire protection facilities, critical areas and their associated buffers and school sites.

(13) The name of the land division, the number assigned to the file by the Administrator, the scale, a north arrow, and the date of preparation.

(14) A legal description of land contained within the land division which is consistent with the title report.

(15) If common areas or facilities are dedicated to the lot owners, the map must include a statement specifying that lot owners are automatically members of the lot owners’ association upon assumption of lot ownership and that said association shall be responsible for the maintenance and management of the common facilities.

(16) Every plat filed for record must contain a certificate giving a full and correct description of the divided lands, including a statement that the plat has been made with the free consent and in accordance with the desires of the owner(s).

If the land division is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the land division 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 street. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands divided and recorded as part of the plat. For the purpose of this section, any ownership interest shall include both real estate contract vendors and real estate contract vendees.

Every final plat containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on the final plat is in the name of the owners signing the certificate or instrument of dedication.

An offer of dedication may include a waiver of right of direct access to any street from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Any dedication shall be considered for all intents and purposes as a quit claim deed to the said donee(s) or, grantee(s) for his, her or their use for the purpose intended by the donors or grantors as aforesaid. Streets not dedicated to the public must be clearly marked on the face of plat.

(17) A signed statement by the registered land surveyor who surveyed the land division, attesting that it is a true and correct representation of the lands surveyed with the following language: “This map correctly represents a survey conducted by me or under my supervision in conformance with the requirements of CCC Title 29, and the State Survey Recording action, RCW Title 58.”

(18) A statement as follows: “All lots shall be a valid land use notwithstanding a change in zoning laws or other applicable regulations for a period of five years from the date of recording of the final plat.”

(19) A statement as follows: “No portion of this land division may be altered, amended, deleted, added to or changed in any manner except by the land division procedures set forth in CCC Title 29.”

(20) A signature block for the County Engineer and statement of approval as to:

(a) Survey data; including the mathematical closure of all lots, blocks, and boundaries;

(b) A certification that all required road drainage and other improvements addressed in RCW 58.17.160 have been constructed in conformance with plans and specifications approved by the agency of legal jurisdiction.

(21) A signature block for the County Health Officer and statement as follows: “The final plat has met all State and County requirements pertaining to sewage disposal and potable water.”

(22) A signature block for the County Treasurer and statement as follows: “All taxes and any delinquent assessments for which the land within the land division may be liable have been duly paid as required by RCW 58.08.040.”

(23) A signature block for the Administrator and statement as follows: “The final plat is consistent with the preliminary approval, all conditions imposed thereof have been met, and that the land division conforms to all applicable County land use controls.”

(24) Final plats shall have a signature block for each member of the Board of Commissioners, when applicable.

(25) A space for the Auditor to sign the plat for recording purposes.

(26) All land divisions within 600 feet of lands zoned in an agricultural overlay zone (CCC Title 33), a forest zone (Chapter 33.31 CCC), or a designated mineral resource site (Chapter 33.59 CCC) shall contain a notice on the final plat that contains the following language:

This land division is within six hundred (600) feet of property zoned for forestry, agricultural purposes or as a designated mining site. You may be subject to inconveniences or discomforts arising from such operations, INCLUDING BUT NOT LIMITED TO NOISE, TREE REMOVAL, ODORS, INSECTS, FUMES, DUST, SMOKE, THE OPERATION OF MACHINERY OF ANY KIND DURING ANY 24 HOUR PERIOD (INCLUDING AIRCRAFT), THE STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES AND PESTICIDES. Clallam County has determined that the use of real property for forestry, mining or agricultural operations is a high priority and favored use to the County and those inconveniences or discomforts arising from these operations, if such operations are consistent with commonly accepted best management practices and comply with local, State and Federal laws. However, those activities which are not related to normal forestry, mining, or agricultural operations, or which do not follow accepted best management practices, are not protected under these provisions and will be considered to be a nuisance.

29.20.400 Supplementary information.

In addition to the map or maps every final plat shall contain written data including:

(1) A copy of the lot owners’ association by-laws, if applicable.

(2) A title report for the property being divided verifying all persons having an ownership interest in the property and dated not later than thirty (30) days prior to submission of the final plat for the Board or Administrator’s signature.

(3) An affidavit of completion of any required improvements shall be submitted with the final plat.

29.20.500 Survey requirements.

(1) All final plats shall prepare a survey done in full compliance with the Survey Recording Act, Chapters 58.09 and 58.17 RCW, RCW 58.24.040 and Chapter 332-130 WAC.

(2) Property Contiguous to Water. If any portion of the exterior boundary of a land division is coincident with a body of water or other natural feature, the approximate boundary of said feature or body of water shall be defined by adequate bearings and distances to permit the mathematical closure of said boundary.

29.20.600 Monuments standards and requirements.

(1) Permanent control monuments shall be established at:

(a) All controlling corners on the boundaries of the land division;

(b) The intersections of centerlines of roads within the land division;

(c) On the centerlines of roads within the land division at point of curve and point of tangency, or points of intersection, as required by the County Engineer.

(2) Permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all plats.

(3) Permanent control monuments within the streets shall be set after the roads are paved.

(4) Every lot corner shall be marked by a one-half-inch galvanized iron pipe or equivalent monument which shall be driven into the ground.

(5) All monuments must be at least partially composed of a ferrous material.

29.20.700 Final action by administrator.

The Administrator shall ensure that the following are met for all land divisions:

(1) Final land division conforms to all applicable State and County laws.

(2) That a current title insurance report confirms that the ownership interest in the divided land is in the names of the persons whose signatures appear on the plat.

(3) That the final land division is processed and forwarded for signing or returned to the land divider to remedy identified deficiencies.

(4) The Administrator is authorized to grant final approval for all binding site plans, short subdivisions and large lot divisions.

29.20.800 Final action by Board of Commissioners.

The Board shall ensure that the following are met for all land divisions processed pursuant to Chapter 29.13 or 29.15 CCC:

(1) The Board shall, at a regular public meeting or any continued meeting consider only the following criteria:

(a) Whether conditions imposed as part of the preliminary land division approval have been met.

(b) Whether the requirements of State law and this title pertaining to finalization of land divisions have been satisfied by the land divider.

The Board shall thereupon approve or disapprove the proposed final land division. If the Board approves the plat, the Clerk, or his/her designee shall transmit the original to the County Auditor for filing. Recording the plat shall constitute final land division approval.

(2) The Board may deny the final land division only if it determines that any one of the items in subsection (1)(a) or (1)(b) of this section are not met.

(3) Prohibition on Release of Damages. The Board shall not, as a condition to the approval of any plat, require a release from damages to be procured from other property owners.

Chapter 29.30
STANDARDS FOR SUBDIVISIONS, SHORT SUBDIVISIONS,
LARGE LOT DIVISIONS

Sections:

29.30.100 Improvement requirements for all land divisions.

29.30.150 Minimum improvement requirements within urban growth areas.

29.30.200 Minimum access, street standards and improvement requirements outside urban growth areas.

29.30.300 Minimum water supply standards and improvement requirements outside urban growth areas.

29.30.400 Minimum sewage disposal standards and improvement requirements outside urban growth areas.

29.30.500 Irrigation, fire protection, drainage and utility standards and improvement requirements outside urban growth areas.

29.30.600 Lot configuration requirements.

29.30.700 Common facilities ownership and maintenance requirements.

29.30.800 Installation, construction and inspection requirements.

29.30.900 Performance bond in lieu of required improvements.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 714, 2001 10/02/01

29.30.100 Improvement requirements for all land divisions.

All applications shall comply with the minimum standards and improvement requirements set forth in this title. Those lots within a development that are to be utilized for common areas, open space, resource protection, or nonresidential or commercial development, for example, are not subject to these standards. The land divider shall demonstrate compliance with design standards during preliminary review and approval. All required improvements shall be installed after preliminary approval and prior to final approval, except as provided by CCC 29.30.900. The improvement standards set forth by this chapter shall be consistent with the goals and policies set forth by CCC Title 31, Comprehensive Plan, for public services and facilities, which shall be specifically conditioned at the time of preliminary approval.

29.30.150 Minimum improvement requirements within urban growth areas.

Land divisions located within an Urban Growth Area, as designated by CCC Title 31, shall comply with all subdivision improvement requirements set forth by the appropriate municipal jurisdiction. Coordination of compliance with the improvement standards as adopted by the appropriate city shall be made for the applicant by Clallam County and the appropriate city, which may include inspections and concurrence with the appropriate city.

The improvement standards set forth by this chapter shall apply to those proposals located within a designated urban growth area should the applicable city not address such standards; provided, that the improvements are consistent with the goals and policies set forth by CCC Title 31, Clallam County Comprehensive Plan, for public services and facilities within urban growth areas, which shall be specifically conditioned at the time of preliminary approval.

29.30.200 Minimum access, street standards and improvement requirements outside urban growth areas.

(1) Access to a Land Division. A land division shall have legal, nonexclusive vehicular access rights to a public street, and all such access to public streets shall meet the standards outlined below. Private road standards within the land division shall meet the right-of-way requirements as established in subsection (2) of this section.

(a) The minimum County road surface width accessed by the development is sixteen (16) feet, which should apply to most County roads constructed prior to 1996. Information about County road widths are on record with the County Road Department of which most are listed in the Clallam County Comprehensive Plan.

(b) The minimum private road graveled surface width to be accessed by the development is twenty (20) feet: except for land divisions proposing three (3) lots, which shall have a minimum twelve (12) foot wide graveled surface with approved turn-outs located every 750 feet, as measured from the public road. Dimensions for approved turn-outs are a minimum of sixty (60) feet in length, and twelve (12) feet in width. The minimum depth of the road bed shall comply with subsection (2)(b) of this section.

(c) Minimum private road right-of-way width accessed by the development is thirty (30) feet.

(2) Street Right-of-Way, Surface Widths and Surfacing Requirements. A subdivider shall have the option of designating streets within a land division as public or private streets. The following standards apply:

(a) Public Streets. Streets designated as public streets shall be designed and constructed to current or adopted Clallam County road standards. Additionally, right-of-way shall meet County standards and shall be dedicated to the County on the face of the plat. Streets so constructed and dedicated shall be maintained by the County. As-built construction plans stamped by a civil engineer registered in the State of Washington are required.

(b) Private Streets. Private streets shall be designated and shall be maintained as common facilities, pursuant to Chapter 29.30 CCC and shall meet the following standards:

Private Road Standards within Land Divisions

Number of Lots with Legal Access to Private Street	R/W Width	Surface Width	Surface Type
2 – 3	30 feet	12 feet	Gravel
>3	40 feet	20 feet	Gravel

Typical Cross Section

(c) Private Streets, Commercial and Industrial Zones. Private streets shall be designated and shall be maintained as common facilities, pursuant to Chapter 29.30 CCC. Private streets shall be consistent with vicinity street plans adopted by the County, if any. Street improvement standards are based on adopted County standards, if applicable.

(d) Large lot divisions have the option of completing improvements for access (as required in subsections (2)(a) and (2)(b) of this section), power, and phone utilities at the time of final plat approval, or prior to issuance of any development permit within the large lot division. If improvements are chosen to be installed after final plat approval, a note on the final plat and within the lot owners’ association are required stating that no building permit shall be issued by Clallam County until such improvements are completed. In addition, by-laws for a lot owners’ association are required to be prepared and submitted at the time of final approval. Said document shall state the responsibility of the construction of said improvements and shall also comply with Chapter 29.30 CCC.

(3) Right-of-Way Dedication. Whenever public streets exist adjacent to or within a land division which have rights-of-way of less than sixty (60) feet in width, the divider shall provide the additional right-of-way to attain County street standard. For public streets adjacent to a land division the divider shall provide additional right-of-way to obtain one-half of the road right-of-way width standard as measured from the centerline of the subject public street or the section subdivision line at the discretion of the Road Department. When topographical problems require additional right-of-way as determined by the County Road Department, it may be provided by the applicant.

(4) Number of Streets. A minimum of one street shall serve land divisions having twenty-five (25) or fewer lots. A minimum of two (2) streets shall serve land divisions having twenty-six (26) or more lots provided that one access street shall be acceptable if it enters and exits the land division at two (2) separate locations such that public safety and convenience will be maintained.

(5) Dead-End Streets. Streets which dead-end shall terminate with a cul-de-sac which has a minimum right-of-way radius of fifty (50) feet and improved surface width radius of forty-five (45) feet to safely facilitate the reverse movement of vehicular traffic; provided, that a cul-de-sac is not required for a division where the access easement road is not greater than 150 feet in length. A hammerhead-design turnaround may be an acceptable alternative on lots where a cul-de-sac formation is not feasible. Hammerhead-turnaround dimensions are on file with the Administrator.

(6) Curves. Centerline of radii of private street curves shall be not less than eighty-five (85) feet, and may be increased when the Road Department determines that a greater radius is required for the public safety, based upon anticipated speed limits, traffic counts, and super-elevation.

(7) Grades. Street grades shall not exceed twelve (12) percent. All streets shall be crowned to facilitate drainage.

(8) Street Layout. The street layout within all land divisions shall be consistent with vicinity road plans adopted by Clallam County. Owners of adjoining developments are encouraged to design connecting streets in lieu of dead-end roads to enhance public safety and welfare.

(9) Street Intersection Requirements. Streets intersecting with other streets shall have an approach angle of not less than seventy-five (75) degrees and said road must be aligned with streets approaching from the opposite direction. If the street is off-set to a street approaching in the opposite direction, the off-set interval shall not be less than 125 feet. Edge of lane radii at intersections shall be thirty (30) feet.

(10) Street intersection site distance and vertical clearance. Intersections of private streets with County streets shall be located and designed to minimum stopping sight distances consistent with standards of the Washington State Department of Transportation Design Manual. A minimum vertical clearance of fourteen (14) feet should be maintained on each private road for emergency vehicle access.

(11) Half Streets. Half streets are prohibited unless the land divider constructs a road to surface width and type standards outlined in subsection (2) of this section, and an easement is provided from the adjoining property guaranteeing the additional right-of-way width necessary to meet the standards in subsection (2) of this section.

(12) Street Names. All streets shall be named and such names shall not conflict with existing public or private street names. Street names may be provided on the final plat.

(13) Street Name Sign. Street name signs shall be placed at all street intersections within or abutting the land division. Sign type and location shall be as approved by the County Road Department and shall be as required by the Manual of Uniform Traffic Control Devices.

(14) Traffic Control. The streets in a land division shall be marked and signs posted for traffic control in conformance with the Manual of Uniform Traffic Control Devices for streets and highways as determined by the Road Department.

(15) Sidewalks. Sidewalks or other planning features that assure safe walking conditions for students who walk to and from school may be required if the land division is within one mile of a public school.

29.30.300 Minimum water supply standards and improvement requirements outside urban growth areas.

(1) Type of Water Supply and Minimum Requirements.

(a) Individual Wells. Prior to final plat approval, one well shall be drilled within the plat. The demonstration well or surface water source shall provide at least 800 gallons per day as evidenced in a pump test, well driller’s log or water right permit from the Washington State Department of Ecology. The quality of water shall be approved by the Clallam County Environmental Health Division, including location and construction as per well log, site plan and/or site visit, bacteria, and nitrates, as applicable. It shall be shown prior to land division approval that (i) each lot will have sufficient area to satisfy well setback radius requirements of WAC 246-272-20501(2)(b) and at the same time accommodate all improvement requirements of this title; (ii) each well shall tap into a groundwater supply that provides a year-round supply of water that is adequate for domestic requirements and is safe from septic tank drainfield and surface water contaminants as determined by the County Health Officer.

(b) Community Water System. Land divisions which propose any lots one acre or less in size or unable to meet the requirements for individual wells shall be provided with a water supply in accordance with State and County requirements, as follows:

(i) Existing Community Water System. When an existing, private or public community water supply which has been approved by the Washington State Department of Health is available adjacent to or across the street from the land, the developer shall consider utilization of the system to serve the land division. If the system has sufficient capacity to serve such land division and the system has been designed by the owners of the water system with the express intent of providing water to surrounding properties, connection shall be made thereto and its supply used exclusively. A distribution system shall be provided to all lots within the land division prior to final plat approval. A letter of commitment from the purveyor is required at the time of final plat approval.

(ii) New Community Water System. When an existing community water supply system is not available to serve the proposed land division, the applicant shall provide a community water system, as follows:

(A) The land divider shall provide a community water supply facility and a complete water distribution system and may dedicate it to the lot owners’ association or a public agency approved by the appropriate agency for operation and maintenance. The dedication shall include a water supply and distribution system which includes the well, reservoir and treatment system and the land upon which they are located or upon land which the lot owners’ association shall have control and shall grant utility easements for the distribution system. The land divider may retain ownership of the system or dedicate it to a responsible person, either of whom shall operate and maintain the system consistent with State requirements, as required in RCW 70.116.134.

(B) The community water system must also demonstrate compliance with Chapter 246-290 WAC as now or hereafter amended, including monitoring data on record and satisfactory, construction records and plans on file, and not under any compliance or enforcement order. The community water system shall also demonstrate adequate water rights if required from the Washington State Department of Ecology.

(C) Construction of Water Supply System. All water system improvements required in this section shall be designed by a certified professional acceptable to the public agency of jurisdiction and constructed pursuant to plans and specifications approved by the public agencies of jurisdiction. Prior to final plat approval, the designer of the water system, as well as the agency of jurisdiction, shall certify that the water system has been constructed pursuant to approved plans and specifications.

(2) Requirements for Final Plat Approval. Prior to final plat approval, the applicant shall demonstrate to the Department of Community Development that a potable water source is available to serve the land division, as specified above.

29.30.400 Minimum sewage disposal standards and improvement requirements outside urban growth areas.

(1) Type of System Proposed and Minimum Standards.

(a) Individual On-Site Sewage Systems. Individual on-site sewage systems as the means for sewage disposal may be proposed. Each individual system shall be entirely contained on the same lot as the dwelling which it is intended to serve or on other land on which the lot owner possesses an easement interest. If conditions will allow individual on-site sewage consistent with applicable State and County health regulations, the County may allow individual sewage systems to serve the sewage disposal needs of the land division. If conditions are found to be unsuitable for individual on-site sewage systems and to be inconsistent with State and County health regulations, individual on-site sewage systems shall not be allowed.

(b) Community On-Site Sewage Systems. The land divider may propose community on-site sewage disposal systems. If conditions will allow community on-site sewage systems consistent with applicable State and County health regulations, the County shall allow community sewage systems to serve the sewage disposal needs of the land division. If conditions are found to be unsuitable for community on-site sewage systems and to be inconsistent with State and County health regulations, community on-site sewage systems shall not be allowed. The system shall be entirely within the boundaries of the land division or on land controlled by the system ownership.

(c) Public Sewer System Available. When a public sewer system is available to serve the land division, it shall utilize the sewer system to satisfy its sewage disposal requirements.

(2) Requirements for Final Plat Approval.

(a) Individual Systems Proposed. Prior to final approval, it shall be the responsibility of the land divider to obtain approved site registrations for each lot within the development, when required. The required site registrations shall meet State and County health codes, Chapter 246-272 WAC, and Chapter 4, Clallam County Board of Health.

(b) Community Systems Proposed. Prior to final approval the system shall be constructed by the land divider in accordance with engineering plans approved by all public agencies of jurisdiction, including distribution lines to each lot served by the system. The lot owners’ association or other operation and maintenance entity approved by public agencies of jurisdiction shall own and manage the community sewage disposal system consistent with applicable State and County requirements.

(c) Public Sewer Proposed. Prior to final plat approval, a letter from the purveyor shall be provided stating that connection to said system is approved. Installation of distribution lines is required to be provided to each lot served by the system.

29.30.500 Irrigation, fire protection, drainage and utility standards and improvement requirements outside urban growth areas.

(1) Irrigation Water. Those land divisions within an irrigation district organized pursuant to Chapter 87.03 RCW shall provide irrigation water right-of-way to each lot pursuant to RCW 58.17.310. The water rights-of-way shall be shown on the face of the final plat. The right-of-way shall be exclusively available in perpetuity for development, adjudicated use and conveyance of irrigation water to serve lots within the plat and other land owners as specified.

(2) Fire Protection Facilities. Facilities adequate for fire protection purposes shall be provided as specified below:

(a) Where a public water purveyor is able and willing to provide fire flow, and when water mains of such water purveyor are within 250 feet of the exterior boundary of a land division, water mains and fire hydrants, or fire protection systems shall be installed pursuant to plans and specifications of the County Fire Marshal, regardless of the size of lots.

(b) Facilities adequate for fire protection purposes shall be provided to all lots under one acre in size, and within commercial or industrial zoning districts.

(3) Minimum Drainage and Erosion Control Standards and Improvement Requirements.

(a) Drainage and Erosion Control Standards. Drainage and erosion control standards shall be specified by Clallam County Code, if adopted.

(b) Community Drainage and Erosion Control Improvements. Community drainage and erosion control improvements required by an approved drainage and erosion control plan shall be installed by the land divider prior to final approval. Drainage improvements required by the County approved lot specific drainage plan shall be installed by the lot owner at the time the lot is developed and shall be approved by the County prior to issuing occupancy certification for any building on the lot. Said improvements shall be maintained by each respective lot owner.

(c) Maintenance of Common Drainage Improvements. Required common drainage improvements shall be maintained by the land divider, or his designee approved by the County or a lot owners’ association established prior to the final plat. The County shall have the right of entry to maintain drainage easements and facilities only when the lot owners’ association or land divider or his designee is unable to adequately maintain the facilities. The County shall bill the lot owners’ association for the cost of the maintenance or attach liens to all lots located within the land division sufficient to reimburse the County for said maintenance costs.

(4) Minimum Electrical, Telephone and Television Systems Standards and Improvement Requirements.

(a) Every land division shall have electrical services provided to each lot. The land divider shall install common electrical lines underground prior to final approval.

(b) Every land division shall have telephone service provided to each lot. The land divider shall install common telephone lines underground prior to final approval.

(c) Cable television lines may be installed at the option of the land divider. If cable lines are installed, they shall be installed underground.

(d) Easements. Easements for sewers, water mains, electric lines, other utilities or irrigation shall be reserved wherever necessary.

29.30.600 Lot configuration requirements.

(1) Lot Frontage. Each lot shall abut upon a road right-of-way other than an alley and shall have a minimum lot frontage of thirty (30) feet. Double frontage lots that abut public right-of-way shall be accessed only by streets within the land division, with only one approach onto the public road; except for land divisions where two (2) or more roads are required. Land divisions located adjacent to County arterials shall be designed so that access to each lot is provided by a public or private road other than the arterial.

(2) Lot Shape. Lot width and depth shall comply with the minimum standards of this title and the Zoning Code, CCC Title 33.

(3) Zoning. All land divisions shall conform to the Zoning Code, CCC Title 33 in effect at the time the land division is submitted for preliminary approval. If commercial or industrial uses are proposed the land division shall be designed in accordance with special standard requirements for industrial and commercial land divisions pursuant to this title.

(4) Critical Areas. All final plats shall comply with applicable requirements to protect critical areas as specified in Chapter 27.12 CCC.

(5) Water Courses. If a land division is traversed by a water course such as a drainage way, channel or stream not designated as a critical area, a storm water easement or drainage right-of-way conforming substantially with the high water lines of the water course may be required, and with such further width as will be adequate for the purpose. Open lands parallel to major water courses may be required to assure safe conveyance of surface runoff and to minimize disruption of the water course by land development and land use activities.

(6) Waterfront Property. Land divisions contiguous to lakes, streams, or other bodies of water shall be required to take the following precaution to prevent pollution of said bodies of water from septic tank effluent: A setback line from the ordinary high water mark consistent with State health law shall be established, within which no part of a sewage storage or treatment facility shall be permitted.

29.30.700 Common facilities ownership and maintenance requirements.

(1) The responsibility for the maintenance and operation of common facilities shall be determined prior to final approval. Said facilities may be maintained and operated by the land divider, a lot owners’ association, a public agency or a private agency consistent with applicable State requirements.

(2) Common facilities within a land division may be dedicated to an association of lot owners. Common facilities may include, but are not limited to, sewage disposal, water supply, drainage, streets and recreation areas intended to serve primarily the lot owners of the land division. If said common facilities are to be owned and managed by a lot owners’ association, said lot owners’ association shall be established prior to final approval. The association is responsible for operating and maintaining all common facilities which have been dedicated or deeded to it by the land divider. The by-laws of the association shall authorize, at a minimum, the following responsibilities and authorities:

(a) To enforce covenants and conditions required by this title, or in the lot owners’ association.

(b) To levy and collect assessments against all lots to adequately accomplish the association’s responsibilities.

(c) To collect money from unit owners to finance future improvements.

(d) To collect delinquent assessments through the courts, including money to pay for the costs of court action.

(e) To enter into contracts to build, maintain and manage common facilities required by this title.

(f) To allow for the ability for a single lot owner to authorize the collection of assessments and the expenditure of funds for the construction of those improvements required by the large lot subdivision requirements as specified in Chapter 29.30 CCC.

(g) To allow amendments to the by-laws for improvements required by this title require a land division alteration to be submitted, approved and finalized in accordance with this title.

(3) The final plat shall include a statement which requires indefinite existence of the association and automatic membership in the association upon assumption of ownership of a lot within the plat. The association by-laws shall be submitted and approved by the Administrator prior to final approval. The by-laws required for this section shall be separate from any by-laws or private covenants established by the subdivider.

(4) Any private covenants or restrictions proposed by the subdivider shall not be included with any required by-laws set forth by this title.

29.30.800 Installation, construction and inspection requirements.

All required improvements shall be installed by the land divider after the County has granted preliminary approval and prior to final approval in accordance with the following procedures:

(1) For new public roads, work shall not begin until detailed plans, if applicable, have been approved by the agency of jurisdiction.

(2) For new public roads, work shall not begin until the agency of legal jurisdiction has been notified in writing in advance. If work has been discontinued for more than ten (10) days for any reason, it shall not be resumed until the agency of jurisdiction has been notified in writing. Required road and drainage improvements shall be constructed consistent with approved specifications and inspected by the Road Department. (See Typical Cross Section in CCC 29.30.200.) The Road Department may allow changes in typical sections and details if unusual soil or geologic conditions discovered during construction warrant a change. Required community sewer and water systems shall be constructed pursuant to approved designs. Additionally, such improvements shall be inspected and approved by the governmental agency with jurisdiction.

(3) Underground utilities, sanitary sewers, and storm drains installed in the road right-of-way shall be constructed before surfacing of streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed so as to avoid disturbance of street improvements when service connections are made.

(4) A drawing showing required improvements as constructed shall be signed by the designer or installer, retained by the land divider and shall be submitted and filed with the Road Department upon completion of the improvements.

(5) Lot Grading. Grading and filling of lots in a land division having an average slope of ten (10) percent or more shall be in compliance with the most recent edition of the Uniform Building Code adopted by Clallam County, and comply with the Chapter 27.12 CCC, and the Clallam County Drainage Manual, if applicable.

(6) Minimum improvements required by this title shall be installed at the expense of the land divider prior to final approval.

(7) The County Road Department shall inspect and approve all required construction prior to final approval.

29.30.900 Performance bond in lieu of required improvements.

(1) The Board of Commissioners may approve a performance bond or escrow account in lieu of the improvements that are required prior to final plat approval. Escrow accounts may be approved only when remaining required improvements are $5,000 or less, and shall be held and invested by the Clallam County Treasurer until such time as all improvements have been certified as completed and installed. Any interest from such accounts shall accrue to the County general fund. Applications for performance bonds or escrow accounts in lieu of improvements must be received at least 120 days prior to the expiration of preliminary plat approval. Applications for approval of a performance bond or escrow account in lieu of improvements must contain all of the following:

(a) A certification by a professional engineer registered in the State of Washington that improvements totaling at least seventy-five (75) percent of the cost of all required improvements have been installed;

(b) An itemized estimate of the remaining cost of improvements prepared by a professional engineer registered in the State of Washington;

(c) As determined in subsection (1)(b) of this section, a performance bond for four times the cost of the remaining improvements, or an escrow account that shall be a maximum of two times the cost of the remaining improvements;

(d) Evidence that all permits and licenses necessary for the construction and installation of the remaining improvements have been obtained;

(e) Evidence that the applicant has met all other requirements and conditions for final plat approval; and

(f) All applications shall be acted on within forty-five (45) days of being accepted as a complete submittal.

(2) In determining whether to accept a performance bond or escrow account in lieu of improvements, the Board of Commissioners shall consider any specific hardship preventing timely completion of improvements, the degree of risk the County would be assuming, and any other factors the Board deems relevant to the protection of the public interest. The Board of Commissioners may, at its sole discretion, reject the bond or escrow account application if it deems there is a significant risk to the County or its citizens. No performance bond or escrow account in lieu of improvements shall be allowed for any land division for which an extension of time pursuant to CCC 29.19.300 has previously been approved. The Board’s decision on any request for a performance bond or escrow account shall be the final decision of the County.

(3) If the Board of County Commissioners approves of an escrow account in lieu of installation of the improvements, the Zoning Administrator and the applicant shall jointly instruct the County Treasurer in writing as follows:

The Treasurer shall hold the amount of ___________________ ($________) in escrow and shall release the monies:

(a) To the applicant upon the first occurring event:

The Zoning Administrator provides written certification to the Treasurer that the required improvements for which the subject escrow account was created have been timely and fully installed; or

Eighteen (18) months have elapsed since the date of filing of the final plat and no claim has been made against the escrow account by the County for installation of the required improvements.

(b) To the Zoning Administrator upon written certification by the Zoning Administrator that twelve (12) months have elapsed since the filing of the final plat and the required improvements for which the escrow account was created have not been installed by the applicant, in whole or in part. The Zoning Administrator shall provide proof to the Treasurer of any costs associated with the installation of the required improvements by the County or its agents and the Treasurer shall release to the Zoning Administrator an amount not to exceed the County’s actual costs of installation, including any administrative costs or expenses incurred by the Zoning Administrator in having the required improvements completed. Any monies remaining after the disbursement to the Zoning Administrator shall be released to the applicant upon written application therefor.

The escrow instructions shall be signed by the Zoning Administrator and applicant and the applicant shall further provide a mailing address and telephone number.

(4) The commencement of foreclosure of any performance bond or escrow account accepted by the Board of Commissioners shall occur within eighteen (18) months from the filing of the final plat. Required improvements must be constructed and installed by the land developer within twelve (12) months of the filing of the final plat. Failure on the part of the land developer to satisfy the requirements of the bond or escrow account shall result in the County’s foreclosure on the bond or escrow account. Upon foreclosure, the County shall construct or complete the improvements or contract for the construction or completion of improvements.

(5) All final plats approved with a bond in lieu of improvements or escrow account, shall contain a plat note listing the improvements yet to be completed, and stating:

(a) The improvements yet to be completed are the obligation of the land developer. The County has approved a performance bond/escrow account for these improvements, as outlined in Auditor’s File No. ____________, recorded on ____________ _____, ________.

(b) The Administrator shall file a Notice of Completion of Improvements regarding Auditor’s File Number _______________, recorded on ____________ _____, ________, with the County Auditor’s Office within seven (7) days of the County’s determination of completion. A copy of such Notice of Completion shall be provided to the developer for purposes of releasing the bond/escrow account.

(6) Clallam County, the citizens thereof, and the purchasers of the lots in the approved subdivision have no financial liability with regard to the installation of improvements.

Chapter 29.35
STANDARDS FOR RV PARKS AND MOBILE HOME PARKS
(BINDING SITE PLANS)

Sections:

29.35.100 Additional standards for RV parks.

29.35.200 Additional standards for mobile home parks.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

29.35.100 Additional standards for RV parks.

(1) General Requirements. A camper vehicle park shall be adapted to individual site conditions and the plat should use terrain, existing trees, shrubs and rock formations with a minimum of disturbance of the land.

Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants.

(2) Density Requirements. The density shall not exceed twenty-five (25) camper vehicle spaces per acre of gross site area, except that the density may be reduced if any of the following conditions exist:

(a) A septic tank and drainfield sewage disposal system is proposed for use and field inspection of soil conditions, groundwater conditions, relation to surface waters, proximity to groundwater supplies, and soils evaluations indicate that the higher density could result in a public health hazard.

(b) Any other situation where the physical characteristics or locational characteristics of the site would indicate that the higher density could adversely affect the public health, safety and general welfare.

(3) Dimensional Standards.

(a) All camper vehicle sites shall be located at least twenty-five (25) feet from any park boundary line abutting upon a public street or highway.

(b) All camper vehicle sites shall be located at least four (4) feet from any park boundary that does not abut upon a public street or highway.

(c) Camper vehicle sites shall be a minimum of seventeen (17) feet wide.

(4) Required Recreation Area. In all camper vehicle parks, there shall be at least one recreation area other than streets and utility areas which shall be easily accessible from all camper vehicle spaces. The size of such recreation area shall be not less than eight (8) percent of the gross site area or 2,500 square feet, whichever is greater.

(5) Water Supply. Water supply shall comply with State and County health regulations, and Uniform Building Code regulations, as they apply.

(6) Sewage Disposal Requirements.

(a) A restroom facility shall be constructed in compliance with the Uniform Building Code, as it applies, and shall be provided at one or more locations in the camper vehicle park, and shall be located within 500 feet of any camper vehicle site not provided with an individual sewer connection.

(b) Sewage Disposal Systems. Sewage disposal systems shall be in compliance with State and County health regulations, as they apply.

(c) Dump Station. Each camper vehicle park shall be provided with an approved dump station in the ratio of one for every 100 camper vehicle spaces or fractional part thereof.

29.35.200 Additional standards for mobile home parks.

(1) Required Open Space and Recreation Area. In all mobile home parks designed to accommodate twelve (12) or more mobile homes, there shall be at least one area other than streets or areas used for utilities serving the park designated for open space or a recreation area which shall be easily accessible from all mobile home spaces. The combined size of such areas shall be not less than 2,500 square feet or eight (8) percent of the gross site area, whichever is greater.

(2) Other Standard Requirements.

(a) Camping Vehicles. Mobile home parks intending to accommodate camping vehicles shall designate a specific and separate area on the plat for camping vehicles and the County’s standards for camping vehicle parks shall be observed in these areas. However, this provision shall not preclude the temporary occupancy of a mobile home space by a camper vehicle.

(b) Conventional Homes. No construction or placement of conventional homes shall be permitted in any mobile home park, except that this section shall not restrict the enlargement or alteration of a single-family dwelling within the mobile home park at the time of acceptance of a plat, nor shall it restrict the construction of one single-family dwelling for the owner or his agent.

(c) Greenbelts. A greenbelt or sight-obscuring fence may be required by the Hearing Examiner or Board to protect the character of the neighborhood and provide maximum privacy within the mobile home park.

Chapter 29.37
STANDARDS FOR COMMERCIAL AND INDUSTRIAL DEVELOPMENTS

Sections:

29.37.100 Special standards for commercial and industrial land divisions.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

29.37.100 Special standards for commercial and industrial land divisions.

Industrial and commercial land divisions shall be consistent with all of the minimum standards and requirements specified in this title. In addition, a statement shall be provided on the final plat stipulating that the developer of each lot shall provide off-street parking, off-street loading, landscaping and buffers to residential zones in accordance with CCC Title 33.

Chapter 29.40
VARIANCES

Sections:

29.40.100 Variances authorized.

29.40.200 Application.

29.40.300 Public notice.

29.40.400 Criteria for approval.

29.40.500 Appeal of the hearing examiner’s action.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.40.100 Variances authorized.

Variances to the standards prescribed by this title may be authorized by the Hearing Examiner.

29.40.200 Application.

The variance application may be filed at any time prior to expiration of a preliminary approved land division. When a variance application is made prior to the granting of preliminary approval, the time limit for approval of a preliminary land division specified in this title shall be suspended pending conclusive action on the variance. The applicant is responsible for demonstrating that the variance request satisfies all of the criteria set forth in CCC 29.40.500. Variance applications are encouraged to be applied for and processed with the associated land division application.

29.40.300 Public notice.

Public notice for the required hearing before the Hearing Examiner shall be in compliance with Chapter 29.10 CCC.

29.40.400 Criteria for approval.

Before a variance shall be granted, it shall be shown that:

(1) The variance does not constitute a grant of special privilege inconsistent with the limitations upon other, similarly situated property in the County;

(2) Because of special circumstances applicable to the property, including size, shape, drainage, topography, location and surroundings, the strict application of this regulation would deprive the subject property owner of rights and privileges enjoyed by other property owners in the vicinity;

(3) Granting of the variance will not be materially detrimental to the public health, safety, welfare, use or interest, or injurious to property or improvements in the vicinity;

(4) The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant, and

(5) The granting of the variance will not materially compromise the goals and policies of the Comprehensive Plan, or be inconsistent with County land use codes or inconsistent with the spirit or intent of this title.

29.40.500 Appeal of the hearing examiner’s action.

Any decision of the Hearing Examiner on a variance may be appealed within fourteen (14) calendar days to the Board of Commissioners pursuant to Chapter 26.10 CCC.

Chapter 29.43
BOUNDARY LINE ADJUSTMENTS AND LOT COMBINATION

Sections:

29.43.100 Boundary line adjustment application.

29.43.200 Criteria for approval.

29.43.300 Administrator’s action.

29.43.400 Final approval and authorization for property owners.

29.43.500 Lot (or parcel) combination – Applicability.

29.43.600 Application process and criteria for a lot combination.

29.43.700 Final approval for lot combination.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.43.100 Boundary line adjustment application.

Any person desiring approval of a boundary line adjustment shall submit an application to the Administrator. The application shall include the following information:

(1) A legal description of both properties subject to the boundary line adjustment application;

(2) The date of preparation of the maps, an identified north arrow, and the scale of the map;

(3) The total area of each lot before and after the proposed boundary line adjustment;

(4) The location and dimensions of all structures, driveways, sewage disposal systems, wells, and other improvements on both lots subject to the proposed boundary line adjustment;

(5) The names, addresses and telephone numbers of all property owners involved in the proposed boundary line adjustment;

(6) A signed and notarized authorization from all property owners.

29.43.200 Criteria for approval.

All boundary line adjustments shall be consistent with the following standards:

(1) The boundary line adjustment does not create any new lots.

(2) The boundary line adjustment does not create a parcel not meeting all dimension and area requirements of all applicable land use and environmental health regulations, including, but not limited to those found in the Zoning Code, Shoreline Master Program, Floodplain Management Code, and the Critical Areas Code; provided, that no unplatted lot which is greater than five (5) acres in area shall be made less than five (5) acres or 1/128th of a section in area through a boundary line adjustment.

(3) The boundary line adjustment does not increase the nonconformity of any lot or structure which does not currently meet the requirements of any applicable land use or environmental health regulation, including, but not limited to, setbacks to structures from property lines, the area outside a flood hazard area, and the minimum area of parcel.

(4) The adjustment does not realign lot lines that create directional changes in the orientation of lot(s), such as changing front yards into side yards or rear yards which result in nonconforming setbacks.

29.43.300 Administrator’s action.

Based on review of the proposed boundary line adjustment, the Administrator shall determine if the proposed boundary line adjustment is consistent the criteria for approval for a boundary line adjustment set forth in CCC 29.43.600. If the Administrator finds that the proposed boundary line adjustment complies with all of the above requirements, the adjustment shall be approved. If the Administrator finds that the proposed boundary line adjustment does not comply with the above requirements, the adjustment shall be denied. The decision by the Administrator is appealable in accordance with Chapter 26.10 CCC.

29.43.400 Final approval and authorization for property owners.

Approval of the boundary line adjustment shall constitute authorization for the applicant to prepare appropriate documents to transfer the property being adjusted. A boundary line adjustment shall be completed according to one of the following:

(1) For adjustments in which neither lot has ever been surveyed, the owners shall prepare a quit claim deed transferring the property to be adjusted. The deed shall contain a space for the Administrator’s signature, along with the following language: “This conveyance is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6) and CCC Title 29. It shall not create any additional lots, tracts, parcels, or division and the land described herein shall merge or be integrated into abutting property presently owned by the grantee.” No deed prepared pursuant to this section shall be filed with the County Auditor’s Office without the Administrator’s signature.

(2) For adjustments in which one or both lots have at some time been surveyed, the owners shall have prepared the appropriate quit claim deeds for the transfer of ownership and an accurate map of the lots, along with the new property lines, prepared by a licensed surveyor and done in full compliance with the Survey Recording Act, Chapters 58.09 RCW, and RCW 58.17.160(3) and 58.24.040. The deed and map shall contain the following language: “This conveyance (or survey) is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6) and CCC Title 29. It shall not create any additional lots, tracts, parcels, or division.” The map shall contain a signed statement of approval by the Administrator. The map shall contain a note which references the recording information for the quit claim deeds for the actual property transfer.

(3) For adjustments in which both lots are owned by a single individual, the owner shall have prepared an accurate map of the lots, along with the new property lines, prepared by a licensed surveyor and done in full compliance with the Survey Recording Act, Chapter 58.09 RCW, and RCW 58.17.160(3) and 58.24.040. The map shall contain the following language “This survey is for the purpose of accomplishing a boundary line adjustment pursuant to RCW 58.17.040(6) and CCC Title 29. It shall not create any additional lots, tracts, parcels, or division.” The map shall contain a signed statement of approval by the Administrator.

29.43.500 Lot (or parcel) combination – Applicability.

Adjustments may be allowed which result in the combination of lots or parcels into one parcel to be utilized as one buildable parcel; provided, that it does not result in the adjustment of platted property which should be reviewed for compliance with the land division alteration process set forth by this title.

The purpose of a lot combination is to provide an economical way of combining two (2) or more properties into one buildable lot. Lot combinations are legally binding and will reflect in the title history of the lot or parcel, and are similar to zoning lot covenants which are utilized by other jurisdictions. The lot combination does not result in a change of legal description(s).

29.43.600 Application process and criteria for a lot combination.

(1) Applications for a lot combination shall be submitted to the Administrator.

(2) Criteria for approval of a lot combination requires compliance with the following:

(a) The lot combination does not create a parcel which results in the increase of a nonconformity of any lot or structure which does not currently meet the requirements of any applicable land use or environmental health regulation;

(b) The lot combination does not conflict with the land division alteration process set forth by this title.

29.43.700 Final approval for lot combination.

A lot combination form shall be completed, submitted to the Administrator for approval, and recorded with the County Auditor.

Chapter 29.45
ALTERATIONS AND VACATIONS

Sections:

29.45.100 Applicability – Alteration of a subdivision, binding site plan, mobile home park, RV park, short subdivision, or large lot division.

29.45.200 Applicability – Vacation of a subdivision, binding site plan, mobile home park, RV park, short subdivision, or large lot division.

29.45.300 Alteration or vacation of a subdivision or binding site plan.

29.45.400 Alteration or vacation of a short subdivision or large lot division.

29.45.500 Criteria for approval.

29.45.600 Final approval process and requirements of an alteration or vacation.

29.45.700 Improvement standards for alterations.

29.45.800 Outstanding assessments, dedications.

SOURCE: ADOPTED:

Ord. No. 594, 1996 05/21/96

AMENDED SOURCE: ADOPTED:

Ord. No. 631, 1998 02/03/98

29.45.100 Applicability – Alteration of a subdivision, binding site plan, mobile home park, RV park, short subdivision, or large lot division.

For the purpose of this section, an alteration to an existing land division would not include the creation of additional lots, only revisions to lot lines, notes, or easements established on a recorded plat. Any proposal that includes the creation of new lots shall be processed in accordance with the appropriate section of this title, and shall comply with standards and requirements, as they apply.

29.45.200 Applicability – Vacation of a subdivision, binding site plan, mobile home park, RV park, short subdivision, or large lot division.

For the purpose of this section, a vacation to a land division includes the removal of all lot lines established by a plat, or a division of a plat. Those applications proposing only the vacation of public right-of-way dedicated as part of a plat shall be processed in accordance with Chapters 35.79 and 36.87 RCW.

29.45.300 Alteration or vacation of a subdivision or binding site plan.

Applications for alterations or vacations of subdivisions require the decision of the Hearing Examiner.

(1) Application and Process. The application and process requirements for a subdivision alteration or vacation shall be consistent with Chapter 29.05 CCC, as it applies, and Chapter 26.10 CCC, with the following exceptions:

(a) The application must include signatures of a majority of affected parties, being those persons having an ownership interest in the portion of the land division being altered or vacated, except as required in subsection (1)(b) of this section.

(b) For alterations, if the proposal is subject to lot owners’ association by-laws or easements which were conditions of approval of the land division, and the application for alteration would result in a change to these by-laws or easements, the application shall contain an agreement approving such amendments that is signed by all parties subject to the by-laws or easements.

(2) Public Notice and Public Hearing Requirements. Public notice shall be provided on all subdivision altera