Chapter 16.12
LARGE LOT SUBDIVISIONS
Sections:
Article I. Purpose
16.12.010 Purpose.
Article II. Scope
16.12.020 Applicability.
Article III. Procedure
16.12.240 Designation of Administrator.
16.12.250 Application.
16.12.260 Fees.
16.12.270 Time for administrative action.
16.12.290 Posting of markers.
16.12.300 Administrative action.
16.12.310 Final large lot subdivision approval.
16.12.320 Appeals.
16.12.330 Variance.
16.12.340 Penalties and enforcement.
16.12.350 Notice of infraction.
16.12.360 Additional enforcement.
16.12.370 Recording.
16.12.380 Recodified.
Article IV. Large Lot Application, Map, and Supporting Information
16.12.390 Application.
16.12.400 Additional information required for a complete application.
16.12.410 Preliminary large lot subdivision map.
16.12.420 Final large lot subdivision map.
Article V. Design Standards and Guidelines
16.12.430 Road standards.
16.12.440 Road maintenance agreements.
16.12.450 Lots - Arrangement and dimensions.
Article VI. Environmental Health Standards
16.12.470 Sewer availability.
16.12.480 Water supply standards.
Article VII. Assessor Notification
16.12.490 Segregation notification.
Article VIII. Simple Segregations - Alternate Procedure
16.12.500 Definition.
16.12.510 Purpose.
16.12.520 Application and approval.
16.12.530 Limit on further segregation.
Article I. Purpose
16.12.010 Purpose.
The purpose of this chapter is to regulate the division of land into lots less than 20 acres in size, of which no lot is less than five acres in size or one-one hundred twenty-eighth of a section of land in size. [Ord. 1169, §1,V,A, 2000]
Article II. Scope
16.12.020 Applicability.
Every division of contiguous land, for purposes of sale or lease, into two or more lots, all of which are five acres or one-one hundred twenty-eighth of a section of land or larger, and any one of which is smaller than 20 acres or thirty-second of a section, shall proceed in compliance with this chapter. For purposes of applicability, the size of all parcels shall be measured to the centerline of any abutting right-of-way. [Ord. 1179B Ex. A, 2003; Ord. 1169, §1,V,B, 2000]
Article III. Procedure
16.12.240 Designation of Administrator.
The director of the community development department the county shall be designated as administrator, and shall be responsible for interpreting, developing and applying the provisions and requirements of this chapter. [Ord. 1169, §1,V,C, 2000]
16.12.250 Application.
A reproducible copy of the application and preliminary large lot subdivision map as hereinafter defined, proposing the large lot subdivision, shall be submitted to the planning section of the Lewis County department of public services, upon forms furnished by said body which shall affix thereto a file number and the date of receipt. [Ord. 1169, §1,V,D, 2000]
16.12.260 Fees.
The fees for this chapter are set forth in LCC 18.05.080. [Ord. 1169, §1,V,E, 2000; Ord. 1158C, 1999]
16.12.270 Time for administrative action.
When the administrator has received a complete large lot subdivision application (applications proposing on-site sewage disposal shall not be deemed complete until on-site soil evaluation application forms are submitted to the Lewis County environmental services section), the administrator then shall affix a file number and date of receipt to the application and shall forward copies to the environmental services section, the public works division, the appropriate sections within the department of public services - community development division, and any other public agencies which may have an interest in the proposed subdivision. Upon receipt of the application, the appropriate divisions shall, within 20 days, return their written comments to the administrator. The administrator shall approve, deny or return the application to the applicant for modification or correction within 30 days, unless the administrator makes written findings that a specific amount of additional time is needed for processing. If no action is taken by the applicant in response to modifications or corrections required by the administrator within 60 days of notification of such modifications or corrections, the administrator shall make a finding of same, and the administrator may deny the application. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1174A § 2, 2001; Ord. 1169, §1,V,F, 2000]
16.12.290 Posting of markers.
Where identification markers are found necessary by any of the reviewing offices to assist in making its determination, such markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies or departments. Identification may alternatively be made by flag, sign, paint or any other adequate identifying marker. Identification markers shall be clearly understandable by the reviewing agencies. [Ord. 1169, §1,V,G, 2000]
16.12.300 Administrative action.
(1) Upon reviewing an application for preliminary large lot subdivision approval, the planning section shall consider and review the proposed large lot subdivision with regard to:
(a) The public health and safety;
(b) Adequate access, including streets and roads;
(c) Adequate sewage disposal and potable water supply;
(d) Conformance with the general purposes of the Lewis County comprehensive plan, and conformance with all other county regulations and state law;
(e) The physical characteristics of the large lot subdivision site, including drainage, flood, inundation and swamp conditions, pursuant to RCW 58.17.120.
(2) In areas known to have poor drainage patterns, or where site visits reveal it necessary, storm water management and site drainage patterns shall be subject to the approval of the public works division.
(3) Following the review the administrator shall do one of the following:
(a) Approve the preliminary large lot subdivision; or
(b) Approve the preliminary large lot subdivision with conditions; or
(c) Disapprove the large lot subdivision and so advise the subdivider in writing stating the reasons of disapproval and advising of the appeal procedure. [Ord. 1169, §1,V,H, 2000]
16.12.310 Final large lot subdivision approval.
Following approval of the preliminary large lot subdivision, the subdivider shall be notified that he/she may proceed to develop the large lot subdivisions facilities and required improvements with assurance of final large lot subdivision map approval. The approval given to a preliminary large lot subdivision shall expire five years from the date of preliminary large lot subdivision approval. Final large lot subdivisions maps shall be required to meet the requirements of LCC 16.12.420. [Ord. 1169, §1,V,I, 2000]
16.12.320 Appeals.
(1) Hearing Examiner. Any final decision of the administrator in the interpretation and application of this chapter may be appealed to the county hearing examiner pursuant to county procedures and regulations thereto, except as otherwise stated hereunder.
(2) Standards of Review. The hearing examiner may reverse or affirm wholly or in part the decision of the administrator.
(3) Judicial Review. Those aggrieved by the decision of the hearing examiner may appeal such decision to the superior court of Lewis County, Washington, pursuant to county procedures and regulations under Chapter 2.25 LCC, Hearing Examiner. [Ord. 1169, §1,V,J, 2000]
16.12.330 Variance.
(1) The hearings examiner shall hear and decide requests for variances as provided in Chapter 16.02 LCC.
(2) Application for a variance request shall be submitted in conjunction with any large lot subdivision application, and any notice required for such application shall include notice of the request for variance. [Ord. 1169, §1,V,K, 2000]
16.12.340 Penalties and enforcement.
It shall be unlawful for any person, firm, corporation, or association, or agent thereof, to violate any provision of this chapter. Under RCW 58.17.300, any such person or other such party who violates Chapter 58.17 RCW or such provision of this chapter as are required thereunder, with respect to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, shall be subject to the penalties in RCW 58.17.300.
(1) Any offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land prior to large lot subdivision approval is permitted if it is conditioned upon the recording of the large lot subdivision containing the lot, tract or parcel of land under this chapter, the offer or agreement is not subject to RCW 58.17.300 and does not violate any provision of this chapter. All other offers or agreements are prohibited prior to final large lot subdivision map approval. All payments on account of an offer or agreement thereby conditioned shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be deemed permitted until the final large lot subdivision map is properly recorded.
(2) No building permit, on-site sewage permit, nor any other development permit shall be issued by Lewis County for any lot, parcel or tract of land created or divided in violation of this chapter, without the approval of the local health officer, if applicable, and in conjunction with Administrator approval under LCC 16.02.055. [Ord. 1169, §1,V,L, 2000]
16.12.350 Notice of infraction.
A notice of infraction may be issued by the Administrator or designee pursuant to the provisions of LCC 1.20.040. [Ord. 1180 § 23, 2002; Ord. 1169, §1,V,M, 2000]
16.12.360 Additional enforcement.
The office of the Lewis County prosecuting attorney may bring such additional injunctive, declaratory, or other actions under as are necessary to ensure compliance with this chapter, and county and state laws, and the costs of such action shall be taxed by the prosecuting attorney against the person committing the violation. In the enforcement of this chapter and Chapter 58.17 RCW, the prosecuting attorney may accept assurance of discontinuance of any act or practice deemed in violation thereof from any person engaging in, or who has engaged in, such act or practice. A violation of such assurance shall for purposes of prosecution constitute and serve as prima facie proof of violation of this chapter or Chapter 58.17 RCW. Acceptance of such assurance does not relieve a party from compliance with this chapter or state law. With respect to enforcement of Chapter 58.17 RCW and with court actions filed pursuant to this chapter, any such assurance shall be in writing and be filed with and subject to the approval of the superior court. [Ord. 1169, §1,V,N, 2000]
16.12.370 Recording.
At any time within the five years following approval of the preliminary plat, the subdivider may cause the large lot subdivision to be surveyed (if required) and a final large lot subdivision map to be prepared. The applicant shall be required to prepare a final large lot subdivision map in accordance with LCC 16.12.420. Following the submittal of the approved final large lot subdivision map and a filing fee made payable to the Lewis County auditor, the applicant shall record the final large lot subdivision map with the Lewis County auditor and the large lot subdivision map shall become effective. Failure to so file with the county auditor within 60 days after final approval shall automatically cause a lapse of approval, and the same shall not be filed until further approval has been granted by the administrator. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,V,O, 2000]
16.12.380 Revisions to large lot subdivisions.
Any revision to an approved large lot subdivision application shall require an additional fee as set forth in LCC 18.05.080(2), made payable to Lewis County planning section. [Ord. 1169, §1,V,P, 2000]
Article IV. Large Lot Subdivision Application, Map, and Supporting Information
16.12.390 Application.
An application form, provided by the Lewis County planning section, shall be completed, signed and notarized. The application form shall contain the following information:
(1) The name, address, and telephone number of the divider;
(2) The names and addresses of all owners of the property being divided, and any engineers or surveyors who may have worked on the subdivision;
(3) The assessor’s tax number(s) for the parcel(s) and a copy of the assessor’s map showing all tax parcels contained within this application;
(4) Reference to any large lot subdivision which included the same land;
(5) Existing and proposed land uses; if a lot is designated for a use not requiring evaluation by the Lewis County environmental services section, the lot shall be considered limited to that use and normal environmental services section review shall not be deemed necessary for that lot or large lot subdivision approval. Lots not intended for human habitation, or other uses not requiring the sewage disposal, shall specifically state such use on the face of the final plat;
(6) Existing sewage disposal (including permit number and date of approval) and proposed sewage disposal; if a public or private sewer system is proposed, the location of the facility and the approximate location of collection lines or disposal area, if applicable, shall be shown;
(7) Existing and proposed water supply;
(8) A certification by the subdivider showing the entire contiguous land in which there is an interest by reason of ownership by any person, firm or corporation, and all persons with interest of record therein. [Ord. 1169, §1,V,Q, 2000]
16.12.400 Additional information required for a complete application.
A complete application shall also include the following information:
(1) Each lot is to be assigned a lot number, beginning with number one and proceeding in a consecutive sequence;
(2) Documentation of existing easements affecting the large lot subdivision; each proposed lot which does not front on a public road shall be provided with easement(s) for legal access;
(3) Applications proposing on-site sewage disposal shall not be deemed complete until on-site soil evaluation application forms are submitted to the Lewis County environmental services section;
(4) For any public or municipal sewer system, a letter of commitment from an approved sewer purveyor stating the ability to provide service to each of the proposed lots;
(5) For any public or municipal water system, a letter of commitment from an approved water purveyor stating the ability to supply water to each of the proposed lots;
(6) Certification that all adjoining land is owned by others not associated by a land development business relationship with the owner;
(7) Where large lot subdivision maps have been derived from, or make reference to, a segregation survey which has been recorded at the Lewis County auditor’s office, then a copy of said survey shall be required;
(8) A copy of the large lot subdivision map indicating topographical features such as streams, swales and the direction of the natural drainage pattern of the site; contours shall be provided when and as required by the reviewing offices if needed to make their respective determinations;
(9) Copies of any existing or proposed road maintenance agreement, well maintenance agreement, community on-site disposal system maintenance agreement or restrictive covenants which apply to the large lot subdivision. [Ord. 1169, §1,V,R, 2000]
16.12.410 Preliminary large lot subdivision map.
A preliminary large lot subdivision map shall be prepared on a sheet of paper that is of reproducible material, and shall be of the following dimensions: eight and one-half by 14 inches, 11 by 17 inches or 18 by 24 inches. All drawing and lettering on the large lot subdivision map shall be in permanent black ink. Surveys shall not be required for preliminary large lot subdivision maps. All preliminary large lot subdivision maps shall contain the following information:
(1) The date, scale (not more than 200 feet to the inch) and the north arrow;
(2) The name of the subdivider;
(3) Designation of the quarter-quarter section, section, township and range;
(4) The boundary lines of the entire parcel, lots and their dimensions, drawn to scale;
(5) A number assigned to each lot. Lot numbers are to begin with number one and proceed in a consecutive sequence;
(6) The location, width and names of all public and private roads within or adjoining the large lot subdivision;
(7) The connection between any internal road system of the large lot subdivision and the public road to be used for access;
(8) Location and widths of all existing and proposed easements and rights of-way for public services, ingress and egress or utilities within the area contained in the large lot subdivisions;
(9) The location of existing houses, outbuildings or other structures and the approximate location of any septic systems and wells;
(10) The boundaries of any land to be reserved for the common use of the property owners of the large lot subdivision;
(11) Point of proposed access for each lot to the public road, whether each lot shall use a common access or have individual access;
(12) Location (to the extent possible) of all section and section subdivision lines referenced in the legal description of the entire property to be included in the large lot subdivision;
(13) Vicinity sketch of the area in which the large lot subdivision is located may be required. [Ord. 1169, §1,V,S, 2000]
16.12.420 Final large lot subdivision map.
Surveys shall be required for all large lot subdivision maps; provided, that the Administrator may waive this requirement if the cost of surveying, as documented by a licensed surveyor (said documentation shall be reviewed by the Lewis County surveyor), exceeds the value of the land as assessed by the Lewis County assessor’s office; also provided, that the Administrator may waive this requirement if there is sufficient survey data and monumentation, which means that all of the boundaries are included in a previous survey, recorded by a licensed surveyor, unless a boundary is controlled by a physical barrier such as a river, and that at least two corners are monumented. All permanent monuments within the large lot subdivision shall be located and described, and all exterior corners on the boundaries of the large lot subdivision shall be monumented. All markers set shall be marked with the land surveyor’s registration number. All monuments and markers shall be shown on the face of the final large lot subdivision map. The final large lot subdivision map shall be prepared on stable base mylar polyester film or equivalency. Sheet size shall be 18 by 24 inches. All drawings and lettering on the large lot subdivision map shall be clearly and legibly drawn in permanent black ink. A margin line shall be drawn completely around each sheet leaving an entirely blank margin of two inches on the left side and one inch on the remaining sides. If more than one sheet is required, each sheet shall be numbered, indexed and contain the large lot subdivision number. In addition to that information required on the preliminary large lot subdivision map, the final large lot subdivision map shall also include the following information:
(1) Legal description of the land contained within the large lot subdivision.
(2) The large lot subdivision shall be tied to the nearest controlling corner to determine the boundary of the property.
(3) The perimeter of the plat shall be depicted with heavier lines than elsewhere on the plat.
(4) The “as-built” location of physical features both on and outside the land to be subdivided which shall serve the large lot subdivision, such as existing roads, utilities, railroad rights-of-way, fences and wells.
(5) The face of any large lot subdivision map containing a private road shall bear the following language:
WARNING: Lewis County has no responsibility to build, improve, maintain, or otherwise service the private roads contained within or providing access to the property described in this large lot subdivision.
(6) When surveyed and prepared by a surveyor, the large lot subdivision map shall be signed and sealed by a registered land surveyor, and shall contain the following:
This map correctly represents a survey made by me or under my direction in conformance with the Survey Recording Act at the request of _________ On (Month/Day/Year).
Signature of Surveyor:
________________________________________
(Certificate of License Number to follow)
(7) If the large lot subdivision is subject to a dedication, a certificate on the large lot subdivision map or separate written instrument shall be required.
(8) Treasurer’s Certification. No final large lot subdivision map shall be filed with the county auditor until the county treasurer has certified that all delinquent taxes and assessment on the property as of the date of filing have been paid. The subdivider shall provide evidence that all taxes have been paid.
(9) Auditor’s Certificate. All final large lot subdivision maps shall be endorsed by the Lewis County auditor and shall contain the following language:
Filed for record at the request of _______, this _____ day of ________, 20___ and recorded in Volume ___ of Large Lot Subdivisions, on Page ___, Records of Lewis County, Washington.
Lewis County Auditor
_______________________
(10) If a title report is used in the preparation of the large lot subdivision map, a copy shall be provided to the
Administrator, and placed in the large lot subdivision file but shall not be recorded with the auditor. [Ord. 1169, §1,V,T, 2000]
Article V. Design Standards and Guidelines
16.12.430 Road standards.
All private roads shall be required to meet the requirements of the Lewis County private road standards, as adopted or hereafter amended. Lewis County shall have no responsibility to maintain or improve any roads which have not been dedicated to the county. The county has no responsibility to enforce any private road maintenance agreements. [Ord. 1169, §1,V,U, 2000]
16.12.440 Road maintenance agreements.
All private roads serving the large lot subdivision shall require a road maintenance agreement, unless a variance is approved. [Ord. 1169, §1,V,V, 2000]
16.12.450 Lots - Arrangement and dimensions.
The lot arrangement and dimensions shall be such that there will be no foreseeable difficulties for reasons of topography or other conditions in securing permits to build upon all lots or fractional parts in compliance with Chapter 15.15 LCC, Building Setback Regulations, Chapter 17.145 LCC, Supplemental Requirements, and “The Sewage System Rules and Regulations of the Lewis County Board of Health,” In order to provide for adequate access a minimum road frontage of 30 feet shall be required for each lot; provided, that in circumstances where an easement for access to a single lot is not more than 150 feet in length, a minimum road frontage shall be required consistent with County road standards. [Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,V,W, 2000]
Article VI. Environmental Health Standards
16.12.470 Sewer availability.
(1) All lots to be served by septic systems shall require soil evaluation tests in order to assess soil percolation rates and the relative suitability of soil conditions under the current regulation requirements.
(2) Each lot shall contain sufficient square footage to meet minimum health requirements.
(3) General Requirements. Prior to large lot subdivision approval the applicant shall specify the proposed means of sewage disposal for the large lot subdivision. Every large lot subdivision shall have a method of sewage disposal which is reliable, safe, and meets all of the requirements of the state and county health regulations.
(4) Individual On-Site Sewage Systems. The land divider may choose to designate individual on-site sewage systems as the means for sewage disposal in a large lot subdivision unless a public sewer system is available. If the large lot subdivision is to be served by an individual on-site sewage disposal system, each system shall be entirely contained on the same lot as the dwelling to which it is intended to serve or on other land on which the lot owner possesses an easement interest. Prior to large lot subdivision approval, the environmental services section shall determine whether soils on each lot will safely accommodate individual on-site systems if such systems are properly constructed and managed. If conditions are found to be unsuitable for individual on-site sewage systems, or such systems cannot be accomplished consistent with state and county health regulations, individual on-site sewage systems shall not be allowed. When individual on-site sewage systems are to serve a large lot subdivision’s sewage disposal needs, this shall be so stated on the final large lot subdivision map. It shall be the responsibility of each individual lot owner to obtain required on-site sewage disposal systems pursuant to the state and county health regulations.
(5) Community On-Site Sewage Systems. When the Lewis County environmental services section determines that individual disposal systems to serve each lot are unsuitable, and a public sewer system is not available, the land divider may, if feasible, install an on-site community disposal system. The on-site community sewage system need not serve lots which can accommodate individual on-site sewage disposal systems. Prior to large lot subdivision approval the community system shall be constructed by the land applicant in accordance with engineering plans approved by all public agencies of jurisdiction. The large lot subdivision lot owner’s association, or an approved public utility that is qualified to operate and maintain on-site sewage systems, shall manage the community disposal system. Maintenance and operation of the system shall be consistent with all state health and environmental requirements. When an on-site community sewage system is to be utilized to serve the large lot subdivision’s disposal needs, the system shall be entirely within the subdivision or large lot subdivision boundaries or on land controlled by the system ownership.
(6) Public Sewer System. When a public sewer system is available to serve the large lot subdivision, then all lots shall utilize the sewer system to satisfy its sewage disposal requirements in compliance with Lewis County Board of Health Ordinance H-98-326, and as amended, Section 12 (LCC 8.40.070).
(7) Large lot subdivisions 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, treatment or disposal facility shall be established. [Ord. 1169, §1,V,X, 2000]
16.12.480 Water supply standards.
(1) Lots which exceed the minimum land area requirements of “The Sewage System Rules and Regulations of the Lewis County Board of Health” for individual wells and septic systems do not need to be served by an approved public water supply system; provided, that the large lot subdivision meets the following: Prior to the final approval of the large lot subdivision the applicant shall demonstrate to the environmental services section that a potable water source is available to serve all lots. If the environmental health officer is uncertain regarding the ability of the water source to provide long-term safe and adequate water to the subdivision, the applicant shall be required to conduct a water source study completed by a qualified professional.
(a) Prior to large lot subdivision approval, subdivisions proposing individual wells for source water may be required to drill one well per plat. The demonstrated well shall provide at least 400 gallons per day as evidenced in a pump test or well driller’s log. The quality of water shall be approved by the Lewis County environmental services section, including location and construction as per well log, site plan and/or site visit, bacteria, nitrates, and possibly arsenic. If the water source does not meet these standards, such fact shall be a basis to deny the large lot subdivision if no other means of providing water to the large lot subdivision can be accomplished.
(2) Approved Public Water System. An approved public water system shall be provided to each lot with less than the minimum gross land area required by current on-site regulations for individual septic systems and wells. The applicant shall provide a public water supply facility and a complete water distribution system and may dedicate it to a large lot subdivision lot owner’s association, or a public agency if a satellite maintenance agency approved by the Lewis County environmental services section is unavailable. The dedication shall include a water supply and distribution system which includes the well, reservoir and/or treatment system and the land upon which they are located or upon land which the lot owner’s association shall have control and shall grant utility easements for the distribution system. The applicant may retain ownership of the system or dedicate it to a responsible person, either of which shall operate and maintain the system consistent with state requirements if a satellite management system is unavailable.
(3) Subdivision Water Supply System - Commitment. An approved public water system which has been developed and approved to serve a large lot subdivision shall be reserved for the exclusive use of the large lot subdivision; provided, that service connections located outside of the subdivision, in excess of those required to serve the total number of lots within the large lot subdivision, may be authorized by the entity or person owning the system. The public water system must also demonstrate substantial compliance with Chapter 246-290 or 246-291 WAC, as now or hereafter amended, including monitoring data on record, satisfactory construction records and plans on file, and not under any compliance or enforcement order. The public water system shall also demonstrate adequate water rights, if required, from the Washington State Department of Ecology. [Ord. 1169, §1,V,Y, 2000]
Article VII. Assessor Notification
16.12.490 Segregation notification.
When it comes to the attention of the assessor of Lewis County that a division of land that appears to be subject to the requirements of this chapter has been made but not contained within a large lot subdivision map, he shall forthwith notify the planning section of such division. Upon investigation, should the planning section consider the division as an illegal large lot subdivision, the planning section shall notify the Lewis County prosecuting attorney. [Ord. 1169, §1,V,Z, 2000]
Article VIII. Simple Segregations - Alternate Procedure
16.12.500 Definition.
A simple segregation is the creation of up to four tracts, five acres in size or larger, leaving no tract less than five acres in size. [Ord. 1169, §1,V,AA, 2000]
16.12.510 Purpose.
The purpose of this section is to create an alternate process to facilitate the occasional segregation of a simple segregation tract, where the purposes of this section are otherwise met. [Ord. 1169, §1,V,BB, 2000]
16.12.520 Application and approval.
(1) The application shall show a map of the property and provide legal descriptions for each parcel to be segregated, and the remainder parcel, in a form capable of recording.
(2) The application form shall identify that the proposed tract is lawfully zoned for 5-acre tracts and has lawful access to public road. The proposed covenants shall identify that tracts approved under this section have not been reviewed for building permit purposes and may not be suitable for development.
(3) For a determination of suitability for current development, the owner of the tracts to be sold or applicant for a building permit on a lot must show:
(a) The tract has access to water as required by state law.
(b) The tract has a suitable building site outside of critical areas and is consistent with criteria in the critical areas ordinance.
(c) The tract has a conforming septic and reserve area consistent with Health Department requirements, Chapters 8.40 and 8.41 LCC.
(4) Upon written findings that the two items in section (2) above are satisfied, the Administrator shall approve the simple segregation, which shall be recorded. The covenants of approval shall provide all tracts are legal lots of record for purposes of sale, but with no warranty that the lots are buildable under County rules and regulations. If the applicant submits the additional information required in (3) above, the Administrator may include a written finding that the lot is a lawful building lot as of the date of approval and the covenants may provide the lot is a lawful building lot as of the date of approval. [Ord. 1169, §1,V,CC, 2000]
16.12.530 Limit on further segregation.
No lot in a recorded segregation may be further divided within a period of five years from the date of recording without filing for a plat, short subdivision, or large lot subdivision as provided in this chapter. [Ord. 1169, §1,V,DD, 2000]