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Chapter 17.04
GENERAL PROVISIONSSections:
17.04.010 Authority.
17.04.020 Applicability.
17.04.030 Comprehensive plan.
17.04.040 Conformance to title.
17.04.010 Authority.
Pursuant to Chapter 58.17 RCW, the provisions of this title are adopted. (Prior code § 16.04.010)
17.04.020 Applicability.
A. The provisions of this title shall apply to the division of land for the purpose of sale, lease or transfer into two or more lots, parcels or tracts in unincorporated Douglas County.
B. The provisions of this title shall not apply to:
1. Any cemetery or burial plot while used for that purpose;
2. Any division of land by testamentary provisions or the laws of descent;
3. Any division of land that does not dedicate land to public use and for which the smallest lot, parcel or tract created by such division is at least twenty acres or one-thirty-second of a section in size provided that:
a. Conveyance instruments for lots, parcels or tracts shall contain notes that water, road construction and maintenance, and emergency services are not the responsibility of the county;
b. For purposes of computing the size of any lot under this subsection which borders on a public street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the public street or road and the side lot lines of the lot running perpendicular to such centerline; and
c. Persons proposing such divisions shall submit to the county assessor an affidavit declaring that documents have been prepared and have been recorded with the county auditor that establish easements for access and utilities to each lot, tract or parcel proposed to be created;
4. Any division of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title;
5. Any division of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed on the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the director;
6. Any division of land by binding site plan into lots or tracts in a district classified for industrial or commercial use consistent with the binding site plan provisions of this title;
7. Any division of land by a public roadway that is planned, established, financed and constructed by a state entity or the county;
8. Any division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
9. Any division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. TLS 07-03-26B: Ord. TLS 01-04-07B Exh. B (part): Ord. TLS 97-10-71B Exh. E: prior code § 16.04.020)
17.04.030 Comprehensive plan.
The county comprehensive plan or portions thereof shall guide the use of all land within the unincorporated area of the county. The type and intensity of land use as shown on the comprehensive plan shall be used as a guide to determine the character of the land division including lot size and arrangement, and the type and extent of streets and roads, highways, dedications, improvements, services and other utilities and public facilities which shall be provided. (Prior code § 16.04.040)
17.04.040 Conformance to title.
A. No subdivision shall be developed in any area to which this title applies unless all improvements, including those outside such subdivision, deemed necessary by the county are installed to ensure that the development of such subdivision will conform to standards as set forth in this title and as will not endanger life, limb or property.
B. Every installation of any building or improvement within such subdivision shall conform to the applicable standards and policies adopted or established by the county. (Prior code § 16.04.080)