Chapter 14.48
STANDARDS FOR THE DIVISION AND DEVELOPMENT OF LAND WITHIN YAKIMA COUNTY

Sections:

14.48.010    Applicability.

14.48.020    Definitions.

14.48.025    Preapplication Procedures.

14.48.030    Provision of Domestic Water Service.

14.48.040    Provision of Sewer Service.

14.48.045    Provision of Irrigation Distribution Facilities.

14.48.050    Private Access Easements in Plats and Short Plats – When Permitted.

14.48.060    Roads in Plats and Short Plats – Determination of Lots Served.

14.48.070    Roads in Plats and Short Plats – Minimum Approval Standards.

14.48.080    Roads in Plats or Short Plats – Minimum Standards.

14.48.090    Private Roads in Plats and Short Plats – General Requirements.

14.48.100    Drainage Plan Required.

14.48.110    Administration.

14.48.120    Action by the Subdivision Administrator.

14.48.130    Conditional Approval.

14.48.140    Conditional Approval – Effective Duration.

14.48.150    Existing Private Roads – Reduction of Standards – When Permitted.

14.48.160    Appeals.

14.48.170    Variances.

14.48.180    Fees and Charges.

14.48.190    Exhibit A.

14.48.010 Applicability.

The provisions of this chapter shall apply to the approval of short subdivisions and long subdivisions of land located within the unincorporated portion of the county.

(Ord. 11-2009 § 12, 2010: Ord. 9-1985 (part), 1986).

14.48.020 Definitions.

For purposes of this chapter, the following terms shall be defined as follows:

(1)    “Private access easement” means any private easement for the purpose of ingress and egress that is not dedicated to the public and that is owned by the underlying owners of land over which it crosses.

(2)    “Private road” means a road not designed, built or maintained by the county, the Washington State Department of Transportation, or any political subdivision of the state.

(3)    “Public road” means any improved road maintained by a city, the state or the county.

(4)    “Registered engineer” means an individual, licensed by the state to practice civil engineering.

(5)    “Road improvement district (RID)” means a special assessment district established in accordance with RCW Chapter 36.88 for the purpose of improving a road or roads for the benefit of adjacent property owners.

(6)    “Short subdivision” and “subdivision” shall be defined as provided in Sections 14.08.200 and 14.08.220 of this title, respectively. The terms “short subdivision” and “short plat” shall be interchangeable. The terms “subdivision,” “long subdivision,” “long plat” and “plat” shall be interchangeable.

(7)    “Subdivision administrator” means the county planning director, or the director’s designee, also referred to in this chapter as the administrator.

(Ord. 9-1985 (part), 1986).

14.48.025 Preapplication Procedures.

When any person contemplates the short platting of a parcel of land, he or she shall submit a preliminary application with the Preapplication fee to the planning department. Upon conferring with other agencies having an interest in the proposed subdivision, the subdivision administrator shall, within twenty days of receiving the preliminary application, issue a written determination outlining the conditions for submittal of the short plat in accordance with the standards specified in this chapter.

(Ord. 9-1985 (part), 1986).

14.48.030 Provision of Domestic Water Service.

See Chapter 14.52.

(Ord. 7-1995 §4 (part), 1995: Ord. 9-1985 (part), 1986).

14.48.040 Provision of Sewer Service.

On-site sewage disposal systems approved by the county health district are required for all new lots unless municipal or public sewer service is available. All public sewer systems shall be approved by the Washington State Department of Ecology.

(Ord. 9-1985 (part), 1986).

14.48.045 Provision of Irrigation Distribution Facilities.

Irrigation distribution facilities shall be provided as required under RCW 58.17.310 and as implemented by the county policy.

(Ord. 9-1985 (part), 1986).

14.48.050 Private Access Easements in Plats and Short Plats – When Permitted.

Privately owned and maintained access easements serving lots within a plat or short plat may be approved when it is determined that:

(1)    There is no conflict with an existing public road or with the county’s long-range road circulation plan; and

(2)    Public road right-of-way is not required to be dedicated, pursuant to Section 14.48.070 or 14.48.150 of this chapter.

(Ord. 9-1985 (part), 1986).

14.48.060 Roads in Plats and Short Plats – Determination of Lots Served.

(1)    The potential number of lots used for determination of applicable standards shall be based on the potential number of lots that could be created over a ten year period and that could reasonably be served using the minimum lot size of the existing zoning to calculate density. All lots abutting and having access to the road shall be included in the calculation of potential number of lots served.

(2)    The actual number of lots used for determination of applicable standards shall be based on the number of existing lots along the road, as shown on the assessor’s map of the county, and shall include those new lots being created within a proposed plat or short plat. All lots shown having access to the road shall be counted, regardless of size or date of creation, except that lots fronting on a county road and having an approvable approach location onto the county road shall not be counted in the actual number of lots served.

(Ord. 9-1985 (part), 1986).

14.48.070 Roads in Plats and Short Plats – Minimum Approval Standards.

(1)    See Chapter 14.52 for road construction standards and easement widths.

(2)    (Omitted.)

(3)    Where nine or more lots may potentially be served but the actual number served is less than nine, right-of-way shall be dedicated to the public in accordance with Chapter 14.52; provided, that a private road may be constructed and maintained within the right-of-way in accordance with Chapter 14.52 and Sections 14.48.080 and 14.48.090 until such time as the actual number of lots served is nine or more. When dedicated right-of-way is required, the dedicated right-of-way may be included in the lot size calculation for lots larger than one-half acre in size provided that health district standards are met.

(4)    When a proposed short plat abuts an existing partial right-of-way deeded or dedicated for public road purposes, or where the county’s long-range road circulation plan shows the need for a future public road, public road right-of-way shall be dedicated to the public of a width determined by the administrator, but not to exceed that required for plats.

(5)    Where up to eight lots may potentially be served, but the actual number served is four or fewer, a property owner shall, as a condition of plat or short plat approval, sign a covenant (Exhibit A, set out in Section 14.48.190) which binds himself, heirs, successors and assigns in interest to participate in the construction of a private road and to join in a road maintenance association at such time as the actual number of lots served is five or more.

(6)    Where nine or more lots may potentially be served, but the actual number is less than nine, the property owner shall, as a condition of plat or short plat approval, sign a covenant (Exhibit A, set out in Section 14.48.190) which binds himself, heirs, successors and assigns in interest to participate in the formation of a road improvement district (RID) to improve the dedicated right-of-way to minimum county standards as specified in Chapter 14.52, at such time as the actual number of lots served is nine or more. The county engineer may require a road corridor study to determine the most suitable location for the dedicated right-of-way. The cost for such a study shall be borne by the subdivider.

(Ord. 7-1995 §4 (part), 1995: Ord. 9-1985 (part), 1986).

14.48.080 Roads in Plats or Short Plats – Minimum Standards.

Roads serving plats or short plats shall conform to the following minimum standards:

(1)    See Chapter 14.52 for road construction standards.

(2)    The maximum permitted grade for all private roads shall be twelve percent. The twelve-percent grade for graveled roads may, however, be exceeded for short distances.

(3)    When nine or more lots are served, a constructed cul-de-sac with a radius of forty feet, or an equivalent turnaround area, shall be required. The cul-de-sac may be located within a temporary turnaround easement which may be abandoned at the time the road is extended.

(4)    Where an existing public road right-of-way, which is either unimproved or improved to less than the minimum county road standard, provides access to property being platted or short platted, the county engineer may require the public road right-of-way to be improved to a county public road standard (i.e., half road, gravel, hard surface, etc.) which is proportional to the amount of additional traffic the development places on the roadway. Road and drainage plans for these improvements shall be prepared by a registered engineer.

(5)    Where a proposed private road, access easement or dedicated right-of-way intersects with a public road, the location of the proposed intersection shall be reviewed by the county engineer for traffic safety and drainage adequacy.

(Ord. 7-1995 §4 (part), 1995: Ord. 9-1985 (part), 1986).

14.48.090 Private Roads in Plats and Short Plats – General Requirements.

(1)    Any private road which is constructed to a standard less than the minimum county standard for public roads shall be retained permanently as a private road and maintained privately until the road is reconstructed to county public road standards and specifications in effect at that time and accepted by the county.

(2)    Covenants providing for the perpetual maintenance through a road maintenance fund and providing signing of the private road by owners in the development shall be required for any private road serving five or more lots and such covenants shall be reviewed by the county. The covenants shall be recorded by the subdivider with a copy provided to the planning department and shall be referenced on the face of the plat or short plat prior to its recording.

(3)    Private roadway signs with street designations shall be provided by the developer at the intersections of private roads with private roads and at the intersection of a private road serving five or more lots with public roads. Such signs shall meet the specifications shown in Figure 2, below. Names for private roads shall be approved by the county engineer.

FIGURE 2

PRIVATE ROAD SIGN


Notes:

1. Lettering and background shall be reflectorized using “Scotch Lite Engineering Grade” sheeting or equal.

2. Signs shall comply with the manual on uniform traffic control devices.

3. Signs shall be securely mounted seven feet above ground level on a 4" x 4" post.

(4)    The county shall not be responsible for maintaining private roads or the signs within private roads.

(5)    Private roads and signs within private roads are the responsibility of the land owners to construct and maintain in accordance with the requirements of this chapter.

(6)    Private roads and the entire easement or right-of-way width shall be open and unobstructed for use by emergency, public service and utility vehicles.

(7)    The face of any plat or short plat containing a private road, and all subsequent documents transferring ownership of lots within such plat or short plat, shall bear the following language:

Yakima County has no responsibility to build, improve, maintain or otherwise service any private road for this plat/short plat. Any right-of-way dedicated to the public by this plat/short plat shall not be opened as a county road until such time as it is improved to county road standards and accepted as part of the county road system.

(8)    The placement of utilities shall be coordinated as much as possible with the placement of private roads and public rights-of-way.

(9)    Utility easements having a minimum width of eight feet shall serve each interior lot. Utility easements shall be located outside private access easements and dedicated road rights-of-way unless approved otherwise by the county engineer.

(Ord. 9-1985 (part), 1986).

14.48.100 Drainage Plan Required.

(1)    It is the intent of this section to adequately provide for suitable drainage provision in all short or long subdivisions. All long and short subdivisions shall provide for drainage such that their development does not conflict with present drainage patterns, or create a drainage problem within itself or for its neighbors. Most short subdivisions are not anticipated to cause such conflicts, therefore they will be subject to the requirements of this section only when review of the short subdivision by the county engineer reveals, in his opinion, that such conflicts exist or potentially exist. When the county engineer makes such determination, the subdivider shall conform to this section. Long subdivisions shall comply with this section in all cases.

(2)    A drainage plan, where required, shall be prepared by an engineer registered in the state of Washington and submitted to the county department of public works for review and approval for any proposed land development that will increase the quantity of or in any way alter the drainage runoff occurring prior to development.

(3)    Design calculations for peak flow and peak volume storage requirements shall be based on a design storm frequency of ten years, unless it is determined by the county engineer that the development is located in a drainage problem area whereby the design storm may be raised accordingly.

(4)    The plan shall provide for the on-site detention and/or retention of the total water intercepted and collected by the development and the areas (improved or unimproved) lying and draining presently to and through the proposed development, for the design storm, unless other natural or manmade systems are available for use.

(5)    Within the county there exist numerous area subsurface drainage systems known as drainage improvement districts or DID’s. These systems were designed and constructed many years ago specifically for the purpose of lowering the groundwater tables sufficiently to promote agricultural development. It was never the intent of these systems to convey surface drainage. Over the years, the drainage demand on these systems has steadily increased to the point where almost all of the DID’s are experiencing overloaded conditions. Engineers should not consider the use of any of these DID’s in their drainage plans.

(6)    Detention and/or retention of stormwater runoff from any proposed land development shall be accomplished by stormwater holding facilities either open or closed or by introduction, on-site, of stormwater into permeable soils via an infiltration system.

(7)    The drainage plan shall incorporate all calculations for the determination of the required size of the systems. Such calculations shall be based on required criteria hereinafter stated and upon an analysis of estimated runoff from areas contributing runoff to those facilities. For drainage areas contributing two hundred acres or less, the following methods of analysis shall be used. Peak flow analyses shall be done using the rational method. Storage volume quantities shall be computed by the rational stored-rate method. The assumption for the outflow rate used in the stored-rate method will need to be verified by the developer by actual field testing in the case of infiltration systems. Collection systems shall be either gravity pipe systems, open road ditches or open channels, or a combination of the three.

(8)    The overflow of runoff in excess of the design storm quantities must be situated or directed to where it would have overflowed under the conditions existing prior to proposed development. The capacity of the drainage course downstream of the development may be required to be evaluated. The submitted drainage plan shall incorporate, among other data, a topographical map to clearly define:

(a)    The proposed development;

(b)    All areas, improved or unimproved, lying upstream and draining to and across the proposed development; and

(c)    Drainage course, natural or otherwise, to which the proposed development shall drain.

(9)    The plans shall include a plan profile of the systems including cross-sections of all open ditches and channels. Hydraulic and physical data such as grades; bottom elevations of ditches and channels; inverts of pipes at all structures, such as manholes and catchbasins; size and lengths of all pipes; length of ditches and channels; and top elevation of all catchbasin covers shall be called out. This includes the invert elevations of the existing or other proposed storm drainage systems that the subject drainage plan proposes to tie into.

(Ord. 9-1985 (part), 1986).

14.48.110 Administration.

The subdivision administrator is charged with the implementation and administration of this chapter.

(Ord. 9-1985 (part), 1986).

14.48.120 Action by the Subdivision Administrator.

Consistent with the requirements of this chapter and Chapter 14.12 of this title, the subdivision administrator may:

(1)    Approve the short plat; or

(2)    Approve the short plat with the conditions that all public and private improvements required by this chapter are built to specific standards prior to filing of the short plat; or

(3)    Return the short plat to the applicant for correction or modification; or

(4)    Disapprove the short plat; or

(5)    Process plats in accordance with Yakima County Code, Title 14.

(Ord. 9-1985 (part), 1986).

14.48.130 Conditional Approval.

If conditional approval is granted pursuant to Section 14.48.120(2) of this chapter, the subdivider shall complete all roads and other improvements required as a condition of approval prior to filing of the short plat; or, in those cases where a public road is required to be constructed:

(1)    Establish an escrow account in an amount and with surety and conditions acceptable to the director of public works, providing for and securing to the county the funds required for the actual construction, installation and inspection of the roads within a time specified by the subdivision administrator; or

(2)    Post a bond in an amount and with surety and conditions acceptable to the director of public works, providing for and securing to the county the funds required for the actual construction, installation and inspection of all required roads within a time specified by the subdivision administrator and expressed in the bonds.

(3)    Conditionally approved short plats shall become effective when filed with the county auditor by the subdivision administrator.

(Ord. 9-1985 (part), 1986).

14.48.140 Conditional Approval – Effective Duration.

Conditional short plat approvals shall be valid for three years unless extended in accordance with the provisions of Section 14.24.020 of this title. If the conditions attached to the short subdivision approval are not fulfilled within three years or within an approved extension period, the short plat will not be filed with the county auditor and approval of the short plat shall be null and void. During that period all conditions of approval must be fulfilled.

(Ord. 9-1985 (part), 1986).

14.48.150 Existing Private Roads – Reduction of Standards – When Permitted.

(1)    Any condition, standard or determination required by this chapter may be reduced by the administrator or the board of county commissioners for use of or extensions to existing private roads providing all of the following are found:

(a)    The easement or right-of-way for the private road was created, and the private road was actually constructed and in use, before August 1, 1985; and

(b)    Unusual topographic conditions, nature of existing construction, or similar factors make adherence to the width or design standards of this chapter clearly undesirable or impractical; and

(c)    There is no public road access alternative available to serve the additional lots.

(2)    When reduced standards are permitted, conditions which the subdivision administrator or the board of county commissioners may impose include, but are not limited to, the following:

(a)    Dedication of right-of-way for future road purposes for any exterior or interior private roads serving the property;

(b)    Covenants binding owners of the lots to participate in future public and/or private road improvements;

(c)    Formation of a road maintenance association comprised of a majority of the property owners abutting the private road with recorded bylaws and annual assessments;

(d)    Restriction of further subdivision of the lots;

(e)    Any requirement set forth in Sections 14.48.080 and 14.48.090 of this chapter;

(f)    Improvements to existing interior and/or exterior private roads proportional to the amount of additional traffic the development places on the roadway.

(Ord. 9-1985 (part), 1986).

14.48.160 Appeals.

Any determination issued by the administrator may be appealed to the board of county commissioners by filing with the clerk of the board a written notice of appeal stating the specific reasons for the appeal within ten calendar days following the issuance of the decision together with an appeal fee as established in Chapter 3.32. All such appeals so filed shall be heard and a determination made by the board during a public hearing held within twenty calendar days of filing of the notice of appeal of which the appealing party to the determination is mailed written notice at least five days prior thereto and notice of which is published in the official county newspaper not less than two days prior thereto.

(Ord. 1-1990 §11, 1990: Ord. 9-1985 (part), 1986).

14.48.170 Variances.

Any request for a variance from the requirements of this chapter shall be processed by an appeal to the board of county commissioners as specified in Chapter 14.36 of this title.

(Ord. 9-1985 (part), 1986).

14.48.180 Fees and Charges.

The fee schedule for this chapter shall be as established in Chapter 3.32.

(Ord. 1-1990 §12, 1990: Ord. 9-1985 (part), 1986).

14.48.190 Exhibit A.

DECLARATION OF COVENANT REQUIRING FUTURE INTERIOR

ROAD CONSTRUCTION PRIOR TO RESUBDIVISION

DECLARATION OF COVENANT

In consideration of the approval by Yakima County of Short Plat # ___________, Records of Yakima County, Washington; OR/

In consideration of the approval by Yakima County of the Plat of ____________, recorded in Volume _______ of Plats, Page ______, Records of Yakima County, Washington,

The undersigned, their grantees and assignees hereby agree to participate in the construction of a private road to improve the private road easement or dedicated right-of-way as shown on the face of the plat/short plat, and to join in a road maintenance association, as follows:

At such time as the private road easement or dedicated right-of-way is to provide actual access to from five to eight interior or exterior lots, it shall be improved to at least the minimum county standards for private roads. The required improvements shall be made prior to final approval of any plat or short plat creating the additional lots. AND/OR

The undersigned, their grantees and assignees hereby agree to participate in the formation of a County Road Improvement District pursuant to RCW 36.88 or any road improvement project sanctioned by Yakima County, which is designed to improve the interior dedicated right-of-way, as shown on the face of the plat/short plat, as follows:

(a)    At such time as the interior dedicated right-of-way is to provide actual access to nine or more interior or exterior lots, all of which are one acre or larger in size, it shall be improved to at least the minimum Yakima County gravel standard for public roads. The required improvements shall be made prior to final approval of any plat or short plat creating the additional lots.

(b)    At such time as the interior dedicated right-of-way is to provide actual access to nine or more interior or exterior lots, any of which is less than one acre in size, it shall be improved to at least the minimum Yakima County standard for hard surfaced public roads. The required improvements shall be made prior to final approval of any plat or short plat creating the additional lots.

___________________________

Owner

___________________________

Owner

STATE OF WASHINGTON)

COUNTY OF YAKIMA )

On this day personally appeared before me ____________, to me known as the individual(s) described in and who executed the within and foregoing instrument and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein stated.

Given under my hand and official seal this _____ day of _______, 20____.

Notary Public in and for the State of Washington, residing

at ____________________________

(Ord. 9-1985 Exh. A, 1986).