Chapter 18F.50
SHORT SUBDIVISIONS AND LARGE LOT DIVISIONS Revised 12/18

Sections:

18F.50.010    Purpose.

18F.50.020    Applicability.

18F.50.030    Limitations on Further Division.

18F.50.040    Preliminary Short Subdivision and Preliminary Large Lot Division Requirements. Revised 12/18

18F.50.050    Final Short Subdivisions and Final Large Lot Division Requirements. Revised 12/18

18F.50.060    Alterations to a Final Short Subdivision or Final Large Lot Division.

18F.50.010 Purpose.

The purpose of this Chapter is to outline the provisions for short subdivision and large lot division application filing, review, final recording, and alteration. (Ord. 2005-11s2 § 1 (part), 2005)

18F.50.020 Applicability.

The provisions of this Chapter apply to divisions of land defined in this Title as short subdivisions or large lot divisions. (Ord. 2005-11s2 § 1 (part), 2005)

18F.50.030 Limitations on Further Division.

A.    Limitations on Further Divisions.

1.    Further divisions of recorded short subdivisions or large lot divisions within a period of five years from the date the short plat or large lot was recorded with the County Auditor shall require the approval of a preliminary and final plat subject to the provisions contained in Chapter 18F.40 PCC, except as follows:

a.    Recorded short plats containing less than nine lots may be further platted to create up to a total of nine lots within the original short plat boundaries through the alteration process and only by the owner who filed the original short plat.

2.    The time limitation restriction for further divisions shall be stated on the face of the recorded short plat/large lot division as follows: "Applications for further subdivision, in any manner, of an existing short plat subdivision or large lot division shall not be accepted for a period of five years from the date said approved short plat/large lot is recorded with the Auditor without the filing of a final plat on the land which is proposed to be further divided."

(Ord. 2007-85s § 4 (part), 2007; Ord. 2007-6 § 4 (part), 2007; Ord. 2005-11s2 § 1 (part), 2005)

18F.50.040 Preliminary Short Subdivision and Preliminary Large Lot Division Requirements. Revised 12/18

A.    Time Limitations. Applications for preliminary short subdivisions, preliminary large lot divisions, and alterations of short subdivisions and large lot divisions shall be processed pursuant to the criteria in Title 18 PCC, General Provisions.

B.    General Requirements.

1.    All contiguous parcel(s) under unified control, except adjacent platted or short platted lots or lots exceeding 20 acres in size, shall be included within one application.

2.    Unbuildable tracts shall not be calculated in the number of lots established through a short subdivision.

3.    Unbuildable tracts created through a short subdivision or large lot division shall be owned in undivided interests by the owners of each numbered lot.

4.    Short subdivisions and large lot divisions shall be reviewed to determine compliance with standards for roads, storm drainage, water supply, existing sanitary sewage disposal, access or easement for vehicles, utilities and fire protection, survey requirements, critical areas, zoning and design requirements, previous land decisions, accuracy of legal description, ownership, lot dimensions and improvements on the lots.

5.    All necessary critical area and design review applications and studies must be submitted for review and approval prior to the approval of the preliminary short subdivision or preliminary large lot division application.

6.    The applicant is responsible to make application for final short subdivision or final large lot division prior to the expiration of the preliminary approval.

C.    Innocent Purchasers Prior to January 1, 1995. 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 took 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 applicable provisions of the current Pierce County Development Regulations provided, the Director, may consider a lot that does not conform to density or lot area requirements so long as the lot is at least of adequate size to accommodate required zoning setbacks, critical area requirements and able to meet minimum onsite sewage disposal requirements in the event that sewer lines are not available;

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.

D.    Required Written Findings and Determinations. The Director shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision/large lot division and dedication. A proposed preliminary short subdivision/large lot division shall not be approved unless the Director makes written findings that:

1.    Appropriate provisions are made for the public health, safety and general welfare, for open spaces, drainage ways, stormwater runoff, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and

2.    The public use and interest will be served by such short subdivision/large lot division.

E.    Approval. The Director has the authority to approve or deny any proposed preliminary short subdivision/large lot division and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, other applicable County codes, state laws and the criteria contained in this Title.

(Ord. 2018-68s § 5 (part), 2018; Ord. 2005-11s2 § 1 (part), 2005)

18F.50.050 Final Short Subdivisions and Final Large Lot Division Requirements. Revised 12/18

A.    Time Limitations.

1.    Applications for final short subdivisions and final large lot divisions shall be processed pursuant to the criteria in Title 18 PCC.

2.    A proposed final short subdivision or final large lot division shall be submitted to the Planning Department within three years of the effective date of preliminary short subdivision/large lot division approval. The Department shall review the proposed final short subdivision/large lot division for compliance with the conditions of preliminary approval as set forth in PCC 18F.50.050 D.

3.    The approval of a preliminary short subdivision or preliminary large lot division shall be deemed null and void if the proposed final short plat/large lot is not submitted within the time limitations specified herein.

B.    Tract Ownership. Tracts created through a short subdivision/large lot division process shall be owned in undivided interests by the owners of each numbered lot, and shall be an appurtenance to each numbered lot, unless the Director makes specific conditions for alternative ownership as a condition of approval.

C.    Maintenance of Infrastructure and Amenities. Applicants will provide documentation to Pierce County setting forth a homeowners association or entity responsible for maintaining the infrastructure and amenities including, but not limited to, parks, private roads, stormwater, and open space.

D.    Required Written Findings and Determinations. The Director's written decision on the final short plat or final large lot division shall include findings and conclusions, based on the record, to support the decision. A proposed final short plat or final large lot shall not be approved unless the Director makes written findings that:

1.    All conditions of preliminary approval have been met;

2.    The final short plat/large lot meets all standards established by state law and this Title relating to final short plats/large lots;

3.    The proposed final short plat/large lot bears the certificates and statements of approval required by this Title and state law;

4.    A title report, no later than 30 days old, has been furnished confirming title of the land in the name of the owner(s) whose signature(s) appear on the plat certificate; and

5.    The required facilities and improvements have been completed or required bond or financial guarantees have been provided as set forth in PCC 18F.30.040 C.

E.    Approval. The Director may approve, or approve with conditions, the proposed final short plat/large lot if the criteria contained in this Section have been met.

(Ord. 2017-89s § 4 (part), 2018; Ord. 2013-48 § 3, 2013; Ord. 2011-18 § 5, 2011; Ord. 2005-11s2 § 1 (part), 2005)

18F.50.060 Alterations to a Short Subdivision or Large Lot Division.

Short subdivision or large lot division alterations typically apply to those elements which are common to the entire plat such as, but not limited to trails, roads, buffers, open space, drainage easements, park and recreation sites, etc. Additional lots cannot be added except pursuant to RCW 58.17.060 and PCC 18F.50.030.

A.    General Requirements. An alteration to a portion of a recorded short plat/large lot division replaces and supersedes the portion of the original short plat/large lot division that is contained in the alteration.

B.    Required Written Findings and Determinations. The Director shall inquire into the public use and interest proposed to be served by the establishment of the short subdivision/large lot division alteration, if any. A proposed short subdivision/large lot division alteration shall not be approved unless the Director makes written findings that:

1.    The alteration conforms to the requirements of Chapter 58.17 RCW and the provisions of this Title;

2.    The items to be altered do not conflict with the goals and policies of the Comprehensive Plan and applicable community plan, applicable County codes and state laws; and

3.    The public use and interest will be served as a result of the proposed alteration.

C.    Approval. The Director has the authority to approve or deny any proposed short subdivision/large lot alteration and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, other applicable County codes, state laws, and the criteria contained in this Section. Approvals shall include a note that states: "This altered short plat or large lot division supersedes Lot(s) _________ of Short Plat No. ____ or Large Lot Division No. _____" and a brief written narrative explaining what is being altered and the reason for such alteration.

(Ord. 2005-11s2 § 1 (part), 2005)