Chapter 12.02


12.02.010    Purpose.

12.02.020    Applicability.

12.02.030    Administration and enforcement.

12.02.040    Types of land divisions.

12.02.050    Comprehensive plan.

12.02.060    Concurrency of public infrastructure.

12.02.065    Model homes.

12.02.066    Model home application requirements.

12.02.067    Model home occupancy.

12.02.070    Aliquot parts legal descriptions.

12.02.080    Simultaneous application.

12.02.090    Definitions.

12.02.010 Purpose.

(1) The purpose of this title is to promote public health, safety and general welfare in accordance with standards established by Chapter 58.17 RCW, and to implement the county’s comprehensive plan.

(2) Allow cluster subdivisions to provide an innovative design technique. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.020 Applicability.

(1) Every land division defined under Section 12.02.040 shall proceed in compliance with this code and other laws, ordinances, regulations and plans having an impact on the division of land. These include, but are not limited to, the Chelan County comprehensive plan, shoreline management plan, transportation plan and six-year transportation improvement program, and where applicable the city comprehensive plans and this title, when adopted by the Chelan County commissioners, Chelan County Code, particularly this title and Titles 11, 13, 14, 15, and 16, the International Building and Fire Codes, federal and state laws and local agencies’ requirements.

(2) This title does not apply, within an urban growth area, when the county has adopted a city’s subdivision code; furthermore, where the county has adopted city development standards for the associated urban growth area, Chapters 12.08, Standards, and 12.10, Construction/Improvements, shall not apply.

(3) The provisions of this code shall not apply to the following:

(A) Any division of land not containing a dedication in which the smallest lot created meets or exceeds twenty acres or one-thirty-second of a section;

(B) Any division of land made by testamentary provision or the laws of descent, RCW 58.17.040(3);

(C) An assessor’s plat made in accordance with RCW 58.18.010; and

(D) Any division of land made in accordance with the Condominium Act, Chapter 64.34 RCW.

(4) Boundary line adjustments are exempt from Chapter 58.17 RCW but shall follow the procedures established in this title. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.030 Administration and enforcement.

The community development director, or designee, hereafter referred to as the administrator, is vested with the duty of administering this title within the county. All procedures, enforcement and appeals shall be pursuant to Title 14, Development Permit Procedures and Administration. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.040 Types of land divisions.

(1) The following types of land divisions are governed by this title:

(A) Major subdivisions: the division of land into five or more lots.

(B) Short subdivisions: the division of land into four or fewer lots or nine or fewer lots when within an urban growth area.

(C) Cluster subdivisions (major or short): the subdivision of land which allows for deviation from the lot dimensional standards.

(D) Binding site plans: the division of land for commercial and industrial purposes, and for the implementation of mobile or manufactured homes or travel trailer parks.

(2) Other provisions governed by this title:

(A) Certificate of exemption: divisions of land or legal lots of record that require verification through a formal process, including:

(i) Platted lots of record.

(ii) Over twenty-acre lots (meets or exceeds).

(iii) Division by public road.

(iv) Public use and interest.

(v) Historic division, as of October 17, 2000.

(vi) Reasonable use.

(vii) Innocent purchaser.

(viii) Parcel remnant.

(ix) Improved lots.

(x) Cemeteries and burial plots (RCW 58.17.040(1)).

(xi) Laws of descent (RCW 58.17.040(3)).

(B) Boundary line adjustments: a property line modification made for the purpose of adjusting boundary lines which does not create any additional lots, tracts, parcels, sites, or land division.

(C) Plat alterations: the alteration or modification of any land division, except as provided for final subdivision and minor corrections and boundary line adjustments.

(D) Plat vacations: the vacation of any land division or portion thereof, or any area designated or dedicated for public use. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.050 Comprehensive plan.

The county’s comprehensive plan shall guide the use of all land within the county. Where appropriate, city comprehensive plans, when adopted by the Chelan County commissioners, shall guide land divisions. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.060 Concurrency of public infrastructure.

No land division under this title shall be approved without a written finding that:

(1) After the opportunity for review and comment, all providers of water, sewage disposal, schools, and fire/police protection serving the proposed land division have been given adequate notice to provide comment regarding adequate capacity or arrangements for adequate services for the development, concurrently with the demand for such services and facilities.

(2) No county facilities will be reduced below adopted levels of service as a result of the proposed land division. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.065 Model homes.

Any applicant who has received a preliminary subdivision approval may apply for model home building permits for up to four lots or forty percent of the pending lots, whichever is less. This provision does not apply to short plats. Additionally, model homes do not include the placement of one single-family residence which is permitted subject to the conditions of Section 12.02.066(2) through (8). (Res. 2018-8 (Att. A) (part), 1/30/18).

12.02.066 Model home application requirements.

Building permits shall be submitted at least sixty days prior to the date of preliminary subdivision expiration and shall contain the following:

(1) A signed statement in which the applicant agrees to indemnify and hold harmless the county, its employees, agents, representatives, and elected and appointed officials from any and all claims made against them arising from the construction or occupancy of the model home(s) prior to recording of the final subdivision; and

(2) Title report and documentation signed by the owner demonstrating that the applicant has real or possessory interest in the property on which the model home will be constructed; and

(3) Documentation that retention/detention facilities to serve the model home lots shall be in place or approved by public works; and

(4) Documentation that all road improvements required as a condition of preliminary subdivision approval, which is designed to provide access to the model home lots from an existing public road or public highway, shall be constructed to final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). Lot corners and driveway locations for the model home lots shall be staked by a registered professional land surveyor prior to approval of a driveway permit; and

(5) Documentation of adequate fire protection is available to all lots proposed for construction of a model home; and

(6) Documentation that any mitigation fees required as a condition of preliminary subdivision approval have been paid; and

(7) A site plan showing proposed property lines and proposed building locations meeting all code requirements; and

(8) Lot property corners of all lots proposed to be used for the model home(s) have been set by a licensed, professional land surveyor in accordance with the preliminary plat lot configuration. (Res. 2018-8 (Att. A) (part), 1/30/18).

12.02.067 Model home occupancy.

Model homes shall be used for display and marketing purposes only and shall not be occupied prior to final subdivision approval and recording. Any temporary parking areas, not associated with the dwelling, shall be removed prior to final occupancy permit. (Res. 2018-8 (Att. A) (part), 1/30/18).

12.02.070 Aliquot parts legal descriptions.

Parcels that have historically been described as an aliquot part (no conveyance of metes and bounds description) may calculate the parcel area to the centerline of any existing adjacent county/public right-of-way for the sole purpose of meeting the gross acreage prior to subdivision. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.080 Simultaneous application.

Unless an applicant for subdivision approval requests otherwise, a division of land shall be processed simultaneously with applications for rezones, variances, planned developments, and similar quasi-judicial or administrative actions to the extent that the procedural requirements applicable to these actions permit simultaneous processing. (Res. 2010-68 (Exh. A) (part), 7/13/10).

12.02.090 Definitions.

Words, terms and phrases used in this title are defined in Chapter 14.98 as may be supplemented herein. (Res. 2010-68 (Exh. A) (part), 7/13/10).