Chapter 18F.10
GENERAL PROVISIONS Revised 3/18 Revised 12/18

Sections:

18F.10.010    Purpose.

18F.10.020    Applicability.

18F.10.040    Administration. Revised 3/18

18F.10.050    Application Filing, Review and Final Decision. Revised 3/18

18F.10.060    Exemptions and Exclusions. Revised 3/18 Revised 12/18

18F.10.070    Reconsideration and Appeals.

18F.10.080    Fees.

18F.10.090    Compliance and Revocation.

18F.10.100    Innocent Purchasers.

18F.10.010 Purpose.

The purpose of Title 18F PCC is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established by the State to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other regulatory requirements; to provide for proper ingress and egress; to promote conformance with comprehensive plan policies and development regulations; to adequately provide for housing and commercial needs of the citizens of unincorporated Pierce County; and to require uniform monumenting of land division actions and conveyance by accurate legal description. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.020 Applicability.

Unless otherwise expressly granted an exemption or exception under this Chapter or otherwise provided by law, any division or redivision of land, boundary line adjustment, amendment or alteration to previously granted approvals covered by Title 18F PCC shall require County approval and shall comply with the provisions of Chapter 58.17 RCW and Title 18F PCC. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.040 Administration. Revised 3/18

The primary authority designated to administer Title 18F PCC is the Department of Planning and Public Works. It is recognized that there are various County departments and other agencies with expertise in certain fields. Departments or agencies with review responsibility shall forward their respective recommendation(s) to the Director or Examiner as appropriate. All approvals, disapprovals, modifications, and recommendations shall be in writing, signed and dated. (Ord. 2017-12s § 2 (part), 2017; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.050 Application Filing, Review and Final Decision. Revised 3/18

A.    Application Requirements.

1.    Preliminary Review. The provisions for conducting a preliminary review of any application filed pursuant to Title 18F PCC are set forth in Chapter 18.40 PCC, Application Filing.

2.    Application Filing.

a.    Applications filed pursuant to Title 18F PCC shall be reviewed for completeness in accordance with Department Submittal Standards Checklists and pursuant to Chapter 18.40 PCC, Application Filing.

b.    All drawings submitted with an application for a land division action shall be prepared in accordance with Chapter 18F.20 PCC, Plat and Survey Preparation.

c.    After application filing, the applicant may be required to submit conceptual drawings of the plan, profiles and specifications for the streets, drainage, utilities and other proposed improvements to be constructed in conjunction with the proposed land division action.

3.    Vesting. The provisions established in Chapter 18.160 PCC, Vesting, shall govern vesting of all applications filed pursuant to Title 18F PCC.

B.    Public Notice. Public notice provisions pursuant to this Title are outlined in Chapter 18.80 PCC, Notice.

C.    Review.

1.    Circulation. The Planning and Public Works (Planning) Department shall route an application to each County department or state agency that has review responsibility.

2.    Initial Review. All reviewing departments shall conduct an initial review of any application filed pursuant to this Title in accordance with the provisions outlined in Chapter 18.60 PCC, Review Process.

3.    Review Responsibility. The following list includes examples of jurisdictional areas for various County departments and divisions typically involved in the review and administration of this regulation:

a.    Planning and Public Works: Planning Department verifies compliance with the Pierce County Comprehensive Plan, applicable community plans and Development Regulations such as, but not limited to, zoning, critical areas, natural resource lands, shoreline management, design review and potential environmental impacts; Development Engineering reviews for drainage, erosion control, site development, flood, survey, landslide and erosion hazard, lot dimensions and road standards; Cartography reviews road names and addresses; Public Works reviews for traffic; Sewer Utility Services reviews for sanitary sewer service;

b.    Fire Prevention Bureau reviews for emergency vehicle access and fire flow;

c.    Tacoma-Pierce County Health Department reviews for waste water disposal and potable water; and

d.    Assessor-Treasurer's Office reviews for tax segregation, depiction of record description, improvements, property ownership.

4.    Review Criteria. The following regulations and policies shall be used during the review process including, but not limited to:

a.    Pierce County development regulations and construction and infrastructure regulations;

b.    Pierce County Comprehensive Plan and applicable community plans;

c.    Applicable state statutes; and

d.    All applicable notes on related previously recorded County documents.

5.    Compliance with Environmental Regulations. Any application filed pursuant to Title 18F PCC shall comply with provisions as set forth in Chapter 43.21C RCW, the State Environmental Policy Act (SEPA); Chapter 197-11 WAC, SEPA Rules; and Title 18D PCC, Development Regulations – Environmental.

6.    Each department or division shall have the authority to require that conditions, standards, and requirements are noted or depicted on the face of the plat.

D.    Approval. Approval shall be granted by either the Director or Examiner as indicated in each Chapter and Section of Title 18F PCC. Approvals shall be in writing and attached to the official file.

E.    Denial. Noncompliance with any review criteria may be considered grounds for denial of the application.

F.    Burden of Proof. The applicant has the burden of proving that the application meets all of the requirements of state law and Title 18F PCC.

G.    Time Period for Final Decision. The provisions for issuing a notice of final decision on any application filed pursuant to Title 18F PCC are set forth in Chapter 18.100 PCC, Time Period for Final Decision.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2007-6 § 4 (part), 2007; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.060 Exemptions and Exclusions. Revised 3/18 Revised 12/18

A.    Exemptions. The following land division actions are exempt from the provisions of this Title:

1.    Cemeteries and other burial plots while used for that purpose.

2.    Divisions of land into lots or tracts each of which is 100 acres or larger.

3.    Divisions of land within the boundaries of:

a.    An approved Planned Unit Development, Planned Development District, Master Planned Community into lots or tracts each of which is 1/128th of a section of land, or larger, or 5 acres or larger where both the new parcel and the remainder are consistent with development approvals and site plan. Divisions creating lots for further subdivision or for purposes of financing, shall be restricted to one lot with each Record of Survey; or

b.    A preliminary plat into lots or tracts each of which is 1/32 of a section of land, or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land; provided that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line.

4.    Divisions of land outside the boundaries of an approved Planned Unit Development, Planned Development District, Master Planned Community, or preliminary plat into lots or tracts, each of which is 1/32 of a section of land or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land; and which are submitted after November 1, 2005; provided:

a.    The division meets the density or lot size zoning requirements for the area involved; provided that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

b.    A survey of the division conducted by a licensed land surveyor is filed with the Pierce County Auditor. The survey shall be recorded and shall include the following notes:

"Future development, including but not limited to, clearing and grading, new structures and installation of infrastructure are subject to Pierce County Development Regulations."

"The Critical Area Affidavit for this division does not eliminate the necessity for critical area review at the time of development permit application."

"Division of any lot or tract that is 1/16 of a section (40 acres) or less shall be subject to a short subdivision, large lot division or formal subdivision process as set forth in Title 18F PCC and may require that infrastructure, including roads, be improved to comply with Title 17A PCC, Site Development and Stormwater Drainage."

c.    Each lot or tract adjoins or has legal access to a public road right-of-way private road easement;

d.    The property owner submits a critical area affidavit disclosing the presence or absence of critical areas to ensure that each lot or tract other than a non-building tract contains at least two contiguous acres (referred to as a buildable area) located outside of any regulated critical area and associated setback or buffer and that access to the buildable area is located outside of said setbacks or buffers.

5.    A proposed division of land made by testamentary provisions or the laws of descent shall be submitted to Planning and Public Works for review and approval. No building permit shall be issued on a lot created through this process unless the lot meets the requirements of PCC 18A.05.090 B. Testamentary divisions shall also be subject to the following:

a.    Applications for testamentary divisions shall contain a legal description of all proposed lots.

b.    Each lot must adjoin or have legal access to a public road right-of-way or private road easement.

c.    A note shall be recorded on the title of each lot that puts future purchasers on notice of whether or not the lot was created pursuant to applicable lot size requirements for construction of a single-family dwelling.

6.    Divisions of land which were legally created prior to August 13, 1974.

7.    Divisions of land for use solely for the installation of electric power, natural gas, telephone, water supply, sewer service, petroleum pipelines, or County utility facilities of a similar or related nature; provided, however, that any remaining lot that is nonconforming with regard to density and size shall be at least of adequate size to accommodate required zoning setbacks and able to meet minimum onsite sewage disposal requirements in the event that sewer lines are not available within 300 feet.

8.    Divisions of land for the sole purpose of enabling the County or a municipal corporation to surplus or acquire land for port purposes, boat moorage or launching sites, or for park, open space, critical area, conservation, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot that is nonconforming with regard to density or size shall be at least of adequate size to accommodate required zoning setbacks and able to meet minimum onsite sewage disposal requirements in the event sewer lines are not available within 300 feet.

9.    Division of land by roads or rights-of-way.

a.    The County recognizes that a parcel has been divided into separate, legal lots by a State or Federal road or highway; a County road that has been adopted as part of the County road system; or a County road right-of-way that has been acquired or accepted by Pierce County but is an unopened County road.

b.    In the case of a County road that has been adopted as part of the County road system or an unopened County road right-of-way, the division line between the lots created shall be the centerline of the right-of-way. Where a County road or an unopened County road right-of-way is located on the margin or edge of a parcel, such right-of-way shall not divide the parcel.

10.    In the case of an established railroad right-of-way, the County shall recognize that a parcel has been divided into separate, legal lots as set forth in subsection (a) and (b) above.

11.    Division of County owned surplus property. Real property owned by Pierce County, that is not needed for transportation purposes and that it is in the public interest to sell, may be divided to facilitate the transfer of ownership from the County to an adjacent property owner or another public entity.

12.    Division of land by a binding site plan for sale or lease of industrially zoned property, provided:

a.    The division meets the density or lot size zoning requirements for the area involved; provided that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

b.    A survey of the binding site plan division conducted by a licensed land surveyor is filed with the Pierce County Auditor. The survey shall be recorded and shall include the following notes:

"Future development, including but not limited to, clearing and grading, new structures and installation of infrastructure are subject to Pierce County Development Regulations."

"The Critical Area Affidavit for this division does not eliminate the necessity for critical area review at the time of development permit application."

c.    Each lot or tract adjoins or has legal access to an existing public road right-of- way or private road easement; and

d.    The property owner submits a critical area affidavit disclosing the presence or absence of critical areas to ensure that each lot or tract other than a non-building tract contains sufficient buildable area located outside of any regulated critical area and associated setback or buffer and that access to the buildable area is located outside of said setbacks or buffers.

B.    Exclusions. The following actions shall not be considered a land division action and are excluded from the provisions of Title 18F PCC:

1.    Assessor-Treasurer's Office segregations and combinations for tax purposes only;

2.    Utility easements; and

3.    Boundary line disputes pursuant to RCW 58.04.007.

(Ord. 2017-89s § 4 (part), 2018; Ord. 2017-12s § 2 (part), 2017; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013; Ord. 2011-92 § 1 (part), 2011; Ord. 2009-18s3 § 5 (part), 2009; Ord. 2006-46 § 2, 2006; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.070 Reconsideration and Appeals.

A.    Hearing Examiner. Procedures for appeal and reconsideration or appeal of a Hearing Examiner decision issued pursuant to this Title are set forth in Chapter 1.22 PCC.

B.    Director. Procedures for appeal of an Administrative Officials decision issued pursuant to this Title are set forth in Chapter 1.22 PCC.

(Ord. 2005-11s2 § 1 (part), 2005)

18F.10.080 Fees.

Fees for applications and/or review of reports or studies filed pursuant to Title 18F PCC are set forth in Chapter 2.05 PCC. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7 (part), 2013;

Ord. 2005-11s2 § 1 (part), 2005)

18F.10.090 Compliance and Revocation.

The regulations for compliance and revocation with the provisions of Title 18F PCC are set forth in Chapter 18.140 PCC, Compliance. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 7

(part), 2013; Ord. 2005-11s2 § 1 (part), 2005)

18F.10.100 Innocent Purchasers.

A.    Pierce County shall not issue a building permit or other development permit on any lot or parcel that was divided in violation of Pierce County Subdivision and Platting Regulations, except when all of the following apply:

1.    The illegal division did not take place prior to January 1, 1995;

2.    The property owner provides evidence that the purchase of the illegal division of land occurred without notification or knowledge by such property owner;

3.    The property owner provides evidence that the property in question complies with all provisions of the current Pierce County Development Regulations including, but not limited to, density, lot size, and Critical Area regulations;

4.    The property owner shall submit an application for the legal division of the subject property that complies with all provisions of the Pierce County Development Regulations; and

5.    The Director finds that the public interest will not be adversely affected by issuing a building or development permit while the application to divide the land is being processed.

B.    As an alternative to conforming to these standards, any purchaser may rescind the sale or transfer of such land that was divided in violation of this Chapter pursuant to the provisions in RCW 58.17.210.

C.    For a lot or parcel divided in violation of the Pierce County Subdivision and Platting regulations, prior to January 1, 1995, refer to PCC 18F.50.040 C.

(Ord. 2007-6 § 4 (part), 2007; Ord. 2005-11s2 § 1 (part), 2005)