Chapter 16.32 SHORT SUBDIVISION

Whenever land within the unincorporated area of the county is divided into two or more but less than five lots, parcels or tracts for the purpose of sale or lease of any portion of said division, such division shall proceed in compliance with this chapter. (Ord. 119-86 (part))

16.32.020 Definitions.

Whenever the following words or phrases appear in this chapter they shall be given the meaning attributed to them by this section:

“Alley” means a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road.

“Auditor” means the county auditor.

“Binding site plan” means a drawing to a scale specified by the planning director which:

1. Identifies and shows the areas and locations of all streets, roads, existing improvements, utilities, open spaces, and any other matters specified by the zoning ordinances; and

2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the county zoning title.

“Board” means the legislative authority of the county (the board of county commissioners).

“Comprehensive plan” means the currently used comprehensive plan of the county, adopted by the board pursuant to state law.

“Cul-de-sac” means a road closed at one end by a circular area of sufficient size for turning vehicles around.

“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 by the presentment for filing of a short plat showing the dedication thereon and the acceptance by the public shall be evidenced by the approval of such short plat in the manner provided in this chapter.

“Division” of land means the creation of two or more lots, parcels or tracts of land, each with a separate legal description.

“Easement” means a right a person, the general public or governmental agency has to use the land of another for a specific purpose or purposes not inconsistent with the general property rights of the owner.

“Environmental health standards” are those rules and regulations for the provision of adequate and safe water and sewage treatment facilities the county which were adopted by the district board of health, or as amended.

“Farmstead” is that area of agricultural land devoted to but not limited to, dwellings, outbuildings, corrals, gardens and orchards for personal and noncommercial use or as determined by the planning director.

“Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in Chapter 271, Laws of 1969, First Ex. Session, codified as Chapter 58.17 RCW, and in this title adopted thereto.

“Frontage” denotes the property line which abuts the principal means of access to the property.

“Further division” means the creation of additional lots, parcels, tracts of land from one or two lots, parcels or tracts of land created by short subdivision.

“Lease,” for the purpose of this title, is a contract between the owner and lessee giving the right to use land for not more than ten years.

“Lot” is a fractional part of divided lands having fixed boundaries being of sufficient area and dimensions to meet minimum comprehensive planning and zoning requirements for width and area. The term shall include tracts or parcels.

“Person” means, in addition to its ordinarily understood meaning, any business, corporation, joint stock corporation, or entity capable, under the law of the state, of holding title to real property.

“Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of Chapter 58.17 RCW and this title.

“Planning commission” means the county planning commission.

“Redivision” means the alteration of size or physical location of one or more existing lots, parcels or tracts in an approved short subdivision.

“Reserve easement” shall mean a strip of land between a subdivision boundary and a road, commonly a half-road, within an approved subdivision, the control of which strip is deeded to the county as a non-access right-of-way to insure reciprocal development of the roadway when the adjoining property is subdivided.

“Reverse frontage lots” shall mean a lot which has two opposite sides abutting two parallel or approximately parallel streets.

“Road” means an improved and maintained public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, public open space and recreation area, cut and till slopes, and drainage.

“Road—private” is a road intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment.

“Road—public” is a county road or state highway established and adopted by the proper authorities for the use of the general public, and over which every person has a right to pass and used for all purposes of travel or transportation for which it is adopted and developed.

“Short plat” means a document consisting of a map of a short subdivision together with written certificates, dedications and data.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. However, the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine.

“Subdivider” means a person, as defined in this section, who undertakes to create a division of land.

“Title notice” is a written notice attached to the title of a parcel of land by the county with a recording of said notice of the county auditor’s office per a legal description of said parcel for the purpose of notifying the property owner or future property owner of particular circumstances related to said parcel, such as warning statement(s), limitation(s), restriction(s), or other. (Ord. O-01-04 § 1; Ord. 119-86 (part))

16.32.030 Exemptions.

The provisions of this chapter shall not apply to:

A. Any division of land made solely to create a cemetery or burial plot while used for that purpose.

B. Any division of land made by testamentary provision, or the laws of descent, or upon court order.

C. Any division of land not containing a dedication, in which the smallest lot, parcel or tract created as a result of the division exceeds twenty acres in area; provided, that any lot, parcel or tract shall not be further divided for a period of five years in such manner as to yield any lot, parcel or tract less than twenty acres, unless such lot, parcel or tract is recorded as a subdivision or short subdivision consistent with the Adams County Code.

D. Any division of land made solely to create a parcel, lot, or tract for gift, sale, or lease to the county, city, town or other municipal corporation or governmental subdivision of the state.

E. A division of land within the Columbia Basin Project irrigation blocks for a fractional part of a farm unit, whereby transfer of land between two or more parties is necessary to improve or complete the irrigation system. These fractional parts of land will be designated as agricultural segregations by the assessor’s office, recorded in the auditor’s office, and will not be considered as building lots. If any parcel created for this purpose is later offered for sale or lease as a building lot, no building permits will be issued until provisions of the short plat ordinance are met.

F. A division for the purpose of lease, when no residential structures are permitted on the land.

G. All land leases for agricultural purposes.

H. A segregation of building site requested by either the mortgagee or mortgagor at the time of conveyance to mortgagee in lieu of foreclosure or foreclosure of mortgage. This exemption does not waive any requirements for subdivision should division or sale or transfer of the remaining property be desired. (Ord. O-01-04 §§ 2, 3; Ord. 119-86 (part))

16.32.040 Minimum size of lots, parcels and tracts.

The minimum size of lots, parcels and tracts created by short subdivision shall be determined by the county zoning title, comprehensive plan, and WAC 248-96 of the Rules and Regulations of the State Board of Health for On-Site Sewage Disposal Systems, latest revision. Where said ordinance, plans and rules and regulations are in conflict, the more restrictive requirements shall govern. (Ord. 119-86 (part))

16.32.050 Planning director’s duties.

A. The county director of planning, referred to in this chapter as the planning director, is vested with the duty of administering the provisions of this chapter and with authority to approve or disapprove proposed short plats. The planning director may prepare and require the use of such forms as he deems essential to his duties. The planning director shall be responsible for:

1. Coordinating the review of applicable divisions of land under this title;

2. Maintaining a public record of said applications and decisions;

3. Rendering a timely decision for the purpose of this title;

4. Giving notice to landowners whose name appears on the records of the county assessor, situated within three hundred feet of the proposed short plat; and

5. Any conditions of approval and the final recording.

B. Said planning director may establish administrative procedures as he deems essential to fulfill his responsibilities. (Ord. 119-86 (part))

16.32.060 The county engineer.

It shall be the duty of the county engineer or his designated representative:

A. To review a proposed division(s) of land as appropriate and applicable:

1. For adequacy of survey information and legal description,

2. Determine if a survey should be recommended for the proposed division(s),

3. General requirements in respect to surrounding development, topography, and road system configuration,

4. Access and need for public right-of-way,

5. Utility, drainage or road related easements,

6. Drainage and flood protection requirements,

7. Private and public road requirements;

B. To furnish written recommendations and reasons for recommended conditions to the planning director with respect to the above items;

C. To supervise all requirements for engineering, surveying, installation, bonding and inspection of engineer and related improvements. (Ord. 119-86 (part))

16.32.070 Utilities.

Proof that each parcel can be served with adequate water and power and provided with an acceptable method of sewage disposal is required. (Ord. 119-86 (part))

16.32.080 The county health district.

In its legal role as a public health agency for the county, the county health district will provide environmental health concern review services by providing the planning director with written reasons for recommended action. (Ord. 119-86 (part))

16.32.090 The county auditor.

The county auditor shall have the responsibility of filing for record all final short plats, title notice, and restrictive covenants and/or warning comments that are presented by the planning director. (Ord. 119-86 (part))

16.32.100 The county treasurer.

The county treasurer shall have the responsibility of collecting all taxes owed on final short plats prior to filing for record with the county auditor. (Ord. 119-86 (part))

16.32.110 The county building department.

No building permit is to be issued unless the parcel of land has proper subdivision approval or is exempt from subdivision as indicated by an approved exemption. (Ord. 119-86 (part))

16.32.120 Submission of application.

Any person desiring to divide land situated within an unincorporated area of the county into two or more, but less than five lots, parcels, or tracts for the purpose of lease or sale, shall submit an application for short subdivision approval to the planning director, together with an application fee to be deposited with the county treasurer and credited to the current expense fund.

A. All fees and charges associated with this title are to cover reasonable administrative costs only and shall be set in the building and planning department’s master fee schedule and established by resolution by the board of county commissioners.

B. Subdivision fee rates shall be adjusted periodically to reflect changes in administrative costs. Such adjustments shall only become effective upon adoption by the board of county commissioners of a modification to the building and planning master fee schedule; provided, that the master fee schedule may contain a provision for automatic revision of fees no more often than annually to reflect the varying changes in administrative costs. (Ord. O-05-23 § 2; Ord. 119-86 (part))

16.32.130 Application—Content.

Application for approval of short subdivision will contain:

A. A reproducible copy of the short plat of the parcel being divided, and drawn to a scale not smaller than one inch equals one hundred feet. It shall also include:

1. The names of owners of adjacent land and the names of any subdivision,

2. Lines marking the boundaries of proposed lots, parcels or tracts,

3. Access easements for all proposed lots, parcels or tracts where required;

B. The legal description of the said lot, parcel or tract and legal descriptions of all proposed lots, parcels or tracts;

C. The name and address of the owner or owners of the said lots, parcels or tracts to be subdivided;

D. Provisions for acknowledgments by and signature of, owner or owners of said lots, parcel or tract to be subdivided. Provisions for acknowledgment by and signature of subdivider(s) of said lot, parcel or tract if other than the owner(s);

E. Provisions for approval by the following county officials:

1. County engineer,

2. The county assessor,

3. The county health district,

4. Public utility districts or private utilities,

5. Washington State Highway Department (if the subdivision abuts a state highway),

6. Irrigation districts,

7. Appropriate fire protection official,

8. Soil conservation districts,

9. Other appropriate agencies as determined by the planning director;

F. A statement of encumbrances against the land and/or contract of sale with names and addresses of mortgages or sellers. (Ord. 119-86 (part))

16.32.140 Dedications.

A. Where the proposed division of land results in a lot, parcel or tract which the owner intends to dedicate for public use, the purpose of the dedication shall be stated on the short plat and in the legal description of the platted property.

B. Where the purpose of the dedication is other than for public streets, roads, alleys, or highways, and the division of land is otherwise subject to the provisions of this chapter, the short subdivision shall proceed in accordance with this chapter. Dedicated lots, parcels or tracts shall be excluded from the numerical count of lots, parcels or tracts determining subdivision or short subdivision status. (Ord. 119-86 (part))

16.32.150 Procedure—Administrative determination.

The planning director, after conferring with appropriate officials, shall determine within sixty days after submission of the short plat, unless the applicant consents to an extension, whether the short plat should be approved, disapproved, or returned to the applicant for changes, in light of the following criteria and requirements:

A. The proposed lots, parcels or tracts conform to the comprehensive plan and zoning requirements;

B. The proposed lots, parcels or tracts are capable of being served with adequate means of access, fire protection, drainage, water supplies and means of sanitary sewage disposal;

C. The proposed lots, parcels or tracts are subject to flood or inundation hazards or conditions which may not be conducive to the proposed action;

D. The public use and interest will be served by permitting the proposed division of land. (Ord. 119-86 (part))

16.32.160 Easements.

The planning director may require easements to be placed in the proposed short subdivision to insure that the public interest is protected. (Ord. 119-86 (part))

16.32.170 Conditions of approval.

As a condition of approval, the planning director may require the construction of protective or corrective improvements to relieve hazardous or deficient land use as may exist in the proposed short subdivision. The preliminary plat shall be the basis for approval of the general layout of the subdivision. (Ord. 119-86 (part))

16.32.180 Distribution of plats and plans.

The planning director shall affix a file number and date of receipt to the application, and within five days shall distribute copied of the proposed plat to those agencies which should make a review. Upon receipt of the application the agencies shall, within twenty days, return their written comments regarding the proposed subdivision. (Ord. 119-86 (part))

16.32.190 Approval of application.

A. No short subdivision or short plat shall be approved by the planning director involving any land situated in a flood control zone as provided in RCW 86.18 without prior written approval of the State Department of Ecology.

B. If the planning director determines that the requirements of this chapter and the considerations enumerated in Section 16.32.150 have been satisfied, he shall approve the application and shall transmit an approved copy to the assessor.

C. When the planning director has approved an application for short subdivision and plat, he shall return an approved copy of the application and plat to the applicant. The applicant shall file the approved short plat with the auditor prior to the transfer of any lot, parcel or tract of the short subdivision.

D. In no case shall the applicant file or be permitted to file the approved short plat with the auditor more than sixty days following approval of the short subdivision and plat by the planning director. Failure to file such approved plat with the auditor shall invalidate all prior approvals and steps taken with reference to the short plat. (Ord. 119-86 (part))

16.32.200 Appeals.

Any decision by the planning director may be appealed to the planning commission within twenty days after the decision. The notice of appeal shall be filed with the planning director, to be heard by the planning commission at their next regular meeting. Requests to appeal the action of the planning director are limited to:

A. The applicant proposing the subdivision;

B. Any property owner entitled to special notice under RCW 58.17.090; and

C. Any local, state or federal agency aggrieved thereby and which will suffer direct and indirect substantial impacts from the proposed short plat. (Ord. 119-86 (part))

16.32.210 Commission action.

The planning commission at its next regular meeting will hear the appeal and recommend to the board of county commissioners that the short subdivision be approved, approved conditionally, or denied. (Ord. 119-86 (part))

16.32.220 Board action.

Upon receipt of the planning commission recommendation, the board shall set a time at their next regularly scheduled meeting to either accept the planning commission recommendations, or set a date to hold their own hearing. In reviewing an appeal, the board shall consider all matters submitted by the planning director and the planning commission, together with such other evidence as it deems relevant, and shall either affirm or reverse the planning commission’s decision or remand the matter for further investigation by the planning director. (Ord. 119-86 (part))

16.32.230 Filing unapproved plats—Prohibited.

The auditor shall refuse to accept any plat for filing until approval of the plat has been given by the planning director and the appeal time has elapsed. Should a plat or dedication be filed without such approval, the prosecuting attorney may apply for a writ of mandamus in the name of and on behalf of the county, directing the auditor and assessor to remove from their files or records the unapproved plat or dedication or record. (Ord. 119-86 (part))

16.32.240 Enforcement.

No person shall transfer, sell, lease, or offer for transfer, sale or lease any land subject to the requirement of short plat approval until a short plat has been approved and filed. When any person, by transfer, sale or lease or offer of transfer, sale or lease divides or attempts to divide land, the division of which is subject to the provisions of this chapter, without having first secured the planning director’s approval and filed a short plat with the auditor as provided by the terms of this chapter, the prosecuting attorney may commence an action to restrain or enjoin further subdivision or sales, leases or other transfers, or offers of sale, leases or other transfers, and to compel compliance with this chapter. The costs of such action, including a reasonable attorney’s fee, shall be taxed against the person, firm, corporation or agent selling or transferring the property. (Ord. 119-86 (part))

16.32.250 Noncompliance—Recovery of Damages.

No building permit, septic tank permit, or other development permit shall be issued for any lot, parcel or tract of land divided in violation of this chapter. The prohibition contained in this section shall not apply to an innocent purchaser for value, without the actual notice. All purchasers’ or transferees’ property shall comply with the provisions of this chapter and such purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of this chapter including, but not limited to, any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorney’s fees occasioned thereby. Such purchaser or transferee may, as alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fees occasioned thereby. (Ord. 119-86 (part))

16.32.260 Penalties of noncompliance.

Any person, firm, corporation, or association, or any agent of any person, firm, corporation, or association who violates any provisions of this chapter relating to the sale, offer for sale, or lease, or transfer of any lot, parcel or tract of land, shall be guilty of a misdemeanor and each sale, offer for sale, lease, or transfer of each separate lot, tract or parcel of land in violation of any provision of this chapter, shall be deemed a separate and distinct offense. Anyone convicted of a violation of the provisions of this chapter, shall be punished by a fine of not more than three hundred dollars or by imprisonment for a term of not more than twenty days or both such fine and imprisonment. (Ord. 119-86 (part))

16.32.270 Short subdivision redivision procedure.

Once property is subdivided in accordance with the short subdivision regulations of this title, no further division creating in any manner a greater number of lots, tracts, parcels, sites or divisions than contained in the short plat shall be made for a period of five years from the date of recording of a short plat, unless a final plat has been approved and filed for record pursuant to the provisions of the long plat ordinance of the county. (Ord. 119-86 (part))

16.32.280 Variance.

A variance from any of the requirements set forth in this title may be granted by the planning commission, and the short plat may be approved with such variance where it appears that the public use and interest will be served thereby. (Ord. 119-86 (part))

16.32.290 Boundary road.

When land within a proposed short subdivision has a boundary line contiguous with a public road having a right-of-way dedication with less than the normal standards, there shall be dedicated land to a width required and determined by the county engineer. (Ord. 119-86 (part))