Chapter 19.34
DIVISIONS OF LAND

Sections:

19.34.010    Legislative Intent.

19.34.012    Applicability.

19.34.020    Boundary Line Adjustments.

19.34.035    Cluster Developments.

19.34.040    Short Subdivisions.

19.34.050    Subdivisions.

19.34.060    Requirements for Site Improvements, Reservations and Design.

19.34.070    Final Subdivisions and Short Subdivisions.

19.34.080    Binding Site Plans.

19.34.081    Campgrounds and Recreational Vehicle Parks.

19.34.082    Manufactured or Mobile Home Parks.

19.34.090    Utility Services Tracts.

19.34.010 Legislative Intent.

It is the intent of this Chapter to implement those purposes set forth in RCW 58.17.010, by:

(1)    Regulating the division of land within the unincorporated areas of the County;

(2)    Promoting the public health, safety and general welfare;

(3)    Promoting safe and convenient travel by the public on roads, streets and highways;

(4)    Facilitating adequate provision for water, sewerage, drainage, parks and recreation areas, sites for schools and school grounds, and other public requirements;

(5)    Providing for proper ingress and egress;

(6)    Insuring the general tax-paying public is not burdened with those development costs that are more appropriately the responsibility of the original developer;

(7)    Preventing overcrowding of land by providing adequate open spaces;

(8)    Requiring uniform monumentation of land subdivisions and conveyance by accurate legal description;

(9)    Furthering the goals, policies and objectives of:

(a)    The Growth Management Act;

(b)    The Shoreline Management Act;

(c)    The Yakima County Comprehensive Plan, the Yakima Urban Area Comprehensive Plan, subarea plans and all related elements; and

(d)    Adopted Comprehensive Flood Hazard Management Plans.

(10)    Establishing criteria pursuant to the requirements of Chapter 58.17 RCW;

(11)    Promoting public safety by reviewing divisions for compliance with the National Flood Insurance Program by implementing YCC Titles 13, 16A, 16C, 16D and this Title;

(12)    Recognizing that small lots, clustered lots and parcels reconfigured from existing parcels as authorized by Yakima County pursuant to applications submitted after May 20, 1997 renders the resulting parcel(s) undersized rather than nonconforming in status.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.012 Applicability.

(1)    Jurisdiction. All boundary line adjustments and divisions of land within the unincorporated territory of Yakima County, Washington, shall be made in full compliance with this Title, other relevant requirements of Yakima County Code and RCW Chapter 58.17, as it now exists or is amended.

(2)    Non-Reviewed Actions under RCW 58.17.040. RCW 58.17.040 authorizes the divisions identified in this Subsection without review under this Chapter, and subject to review under all other applicable County land use regulations:

(a)    Cemeteries and burial plots while used for that purpose.

(b)    Division of land into lots or tracts not containing a dedication, in which the smallest lot created by the division is 40 acres in area, or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land, or greater area where the zoning district specifies a greater minimum; provided, that to compute the size of any lot under this Subsection the lot size shall be expanded to include that area which would be bounded by the centerline of the adjacent public street or road right-of-way.

(c)    Divisions of land made by testamentary provisions, or the laws of descent;

(d)    Divisions for lease when no residential structures other than mobile homes, manufactured homes, park models or travel trailers may be placed upon the land when the Reviewing Official has approved a binding site plan for the use of the land under Section 19.34.082.

(e)    Divisions of land created under RCW Chapter 64.32 or Chapter 64.34 (the Horizontal Property Regimes Act and Condominium Act).

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.020 Boundary Line Adjustments.

(1)    Purpose and Applicability. The purpose of this chapter is to allow for adjustment to boundary lines of existing lots where no new lot is created pursuant to the definition of Boundary Line Adjustment under Section 19.01.070, except those created under 19.34.090. This chapter applies to all boundary line adjustment (BLA) applications.

(2)    Application Submittal Requirements. A boundary line adjustment application submitted must conform to all of the requirements of Sections 19.30.060, 19.30.070 and 19.30.071.

(3)    Review Procedures. Boundary line adjustments are Type 1 project permits that are subject to review by the Administrative Official under Type 1 review requirements of Subsection 19.30.030(1).

(4)    Concurrent Subdivision Applications. When there is a concurrent subdivision application associated with the boundary line adjustment, the finalization of the boundary line adjustment must be completed prior to the associated final subdivision.

(5)    Review Criteria. The Reviewing Official’s review of boundary line adjustments (BLA) shall use the following criteria for approval:

(a)    All lots involved in the BLA application shall be contiguous and legally created as described in Subsection 19.01.070;

(b)    Will not create additional lots, tracts, parcels, or divisions;

(c)    Vacated rights-of-way or utility sites or easements parcels must remain in their configuration or be consolidated with adjoining lots;

(d)    Will not render a conforming structure or lot as substandard with respect to minimum setbacks, width and area, nor increase the nonconforming aspects of an existing nonconforming structure;

(e)    Will not compromise or render impractical any existing easement, designated building area, building envelope or easement reservation so it is unable to serve its intended purpose, unless acceptable provisions are made to replace or fully compensate for said purposes;

(f)    Will not alter boundaries to create intervening in-fee ownership separating the property;

(g)    Ensure accessory dwelling units as set forth in 19.18.020(1) remain with the primary use of the property;

(h)    Is consistent with applicable development restrictions and the requirements of this title, including but not limited to the general development standards of Chapter 19.10 and any conditions deriving from prior subdivision or short subdivision actions;

(i)    Will not cause boundary lines to cross a UGA boundary, jurisdictional boundaries, split zoned lots, cross on-site sewage disposal systems, prevent adequate access to water supplies, or obstruct fire lanes;

(j)    Will correct split zoned or designated lots with two or more zoning designations;

(k)    Will not detrimentally affect access, access design, or other public safety and welfare concerns. The evaluation of detrimental effects may include review by the health district, the County Engineer, or any other agency or department with expertise;

(l)    Will not create new access which is unsafe or detrimental to the existing road system because of sight distance, grade, road geometry, or other safety concerns as set forth in Chapter 19.23 and as determined by the County Engineer;

(m)    A BLA involving more than four lots must comply with the provisions set forth in Chapter 19.25;

(n)    The proposed BLA will not cause any lot that conforms with lot area or lot width requirements to become substandard;

(o)    The proposed BLA may adjust the size and dimension of undersized or nonconforming lots; provided, that the adjustment does not increase the divisibility of any of the final lots. Additionally, proposals for BLA changes in the AG and FW zoning district must be shown to benefit existing long-term commercial resource use;

(p)    Proposals for a BLA within the AG zoning district resulting in one vacant 1 to 3 acre lot and 1 remainder lot will require the recording of a declarative covenant to be placed on the large remaining lot immediately upon any future BLA or subdivision creating a 1 to 3 acre residential lot. The declarative covenant will indicate the large remaining lot cannot be further subdivided for 15 years while designated Agriculture by the Yakima County Comprehensive Plan.

(6)    Decision. The Administrative Official’s written decision to approve, approve with conditions, or deny the boundary line adjustment shall constitute a final determination on the project permit application as provided by YCC 16B.03.030(1)(a), based on the record and the criteria of Subsection (5) above. A final conditions compliance check is required within one year of the decision.

(7)    Recording. To finalize an approved boundary line adjustment for recording with the County Auditor all of the following must be met:

(a)    Record of Survey. A record of survey shall be submitted as a condition of approval of the adjustment application in compliance with Chapter 58.09 RCW and YCC 19.30.071. The document shall be titled “Record of Survey” and shall contain the full and detailed proposed legal descriptions.

(b)    Payment of Taxes Prior to Recording. In accordance with RCW 84.56.345, the applicant shall present a certificate of payment from the Yakima County Treasurer that all required taxes and all other assessments are paid prior to recording.

(c)    Owners’ Signatures Required. All owners within the boundary line adjustment application shall sign the final recording document in the presence of a notary public.

Applications by Single Ownership. If applicable, boundary line adjustments within single ownership shall be conveyed through declaration of reconfiguration, declaration of easement or other conveyance recognized by the State of Washington.

(d)    Disclaimer. Approval of a boundary line adjustment does not represent or warrant that any lot so altered by an approved boundary line adjustment is suitable for development. All boundary line adjustments filed with the auditor shall contain the following on the recorded survey:

Disclaimer: Approval of this Boundary Line Adjustment does not guarantee a buildable site within said parcel(s). Such determination depends on approvals of water, septic, bulk and dimensional setbacks, and critical area/shoreline requirements.

(e)    Other Recorded Documents. The deeds or other appropriate conveyances recognized by the State of Washington shall be filed for record concurrently with all other required documents, including any applicable disclosures.

(8)    Expiration by Time Limitation and Reinstatement. Failure to record and complete all conditions within one year of the Administrative Official’s approval means the boundary line adjustment application is expired. An extension request must be submitted for review and approval prior to the expiration date of the original decision as per YCC Subsection 16B.07.050(2).

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.035 Cluster Developments.

(1)    Purpose. The purpose of this section is to provide regulations and standards for lot clustering in urban and rural areas. It does this by boundary line adjustment or subdivision for developing residential property, whereby landowners and developers are given incentives to cluster lots on the most buildable and least environmentally sensitive portions of sites, while retaining a substantial portion of each site, including most resource lands and environmentally sensitive areas, in open space tracts. In order to take advantage of these incentives, landowners and developers are required to meet specific requirements called forth in this Title.

(2)    Applicability. Cluster development may be permitted by boundary line adjustment under Subsection 19.34.020 or division of land under Sections 19.34.040 and 19.34.050. Cluster development is allowed in the following areas and situations:

(a)    In the AG and FW districts, provided that the number of buildable lots, defined in Section 19.01.070, may not be increased through the cluster development provisions of this Section in these districts;

(b)    Ten or more total acres in areas of the Rural-10/5 district that meet the criteria of Subsection 19.11.030(3);

(c)    Four or more total acres in the RT district;

(d)    Five or more total acres in the SR, R-1 and R-2 districts where a community on-site sewage disposal system or regional sewer system is also provided for the new lots.

(e)    Outside Urban Growth Areas where a public water system, defined in Section 19.01.070, is provided;

(f)    Within Urban Growth Areas where both a public water system and a community on-site sewage disposal or regional sewer system are provided; and

(g)    Cluster development is not allowed in the MIN, R/ELDP-40, RS, HTC, R-3, B-1, B-2, SCC, LCC, GC, M-1 and M-2 zoning districts;

(3)    Development Standards. Cluster developments of existing lots or creating additional lots shall be conditioned appropriately to meet the development standards of this Title.

(a)    Maximum Density. Cluster developments involving new lots in rural and Urban Growth Areas are allowed to the applicable minimum lot size requirements of Chapters 19.11 through 19.13. A density bonus of 115% of the gross area of the site may be used when clustering new lots.

(b)    Cluster Lots.

(i)    Clusters within or Adjacent to Rural and Resource Lands. To the maximum extent possible, site design shall use the following methods to separate residential development from existing and potential agricultural, forest, and mineral resource uses on adjacent land and the remainder lot:

(A)    Use of physical features to separate the cluster lots from farm, mining or forest operations. Examples of such physical features are rock outcrops, ravines or deep draws, irrigation canals, and critical areas;

(B)    In the AG zone only:

1.    Location of the cluster development on predominantly nonagricultural soils and in non-irrigable areas of the property if evidence is provided documenting that the proposed cluster location reduces adverse impacts to agriculture.

2.    A covenant shall be recorded in a form acceptable to the Administrative Official that documents that any lot allowed to be greater than three acres in size shall be considered a small lot and is not capable of being further subdivided or residentially developed while zoned AG.

(ii)    Cluster Development in All Areas.

(A)    Clustering of 2 to 4 lots shall be subject to road standards in Chapter 19.23.

(B)    Clustering of more than 4 lots shall be subject to the development standards of this Title as they pertain to common access, internal roadways and sewer and water systems,

(C)    Cluster developments that create new lots with critical areas present or within shoreline jurisdiction must adhere to the requirements of the critical areas ordinances and shoreline master program and this Title.

(D)    When creating a cluster development of existing platted lots that require the relocation of easements, the plat alteration or vacation process set forth in this Chapter must be used.

(c)    Remainder Parcel.

(i)    Development on Remainder Parcel and Density. The maximum density allowed within the project application site shall be calculated when cluster development is proposed described as follows:

(A)    Density Bonus. The remainder parcel will be designated for use only as open space. The creation of cluster lots shall equal the maximum allowed density, with the remainder open space parcel as the bonus lot as shown in Figure 19.34.035-1. A restrictive covenant or plat note shall be recorded in a form acceptable to the Administrative Official that states:

Lot [insert lot or parcel number] shall remain in open space until such time as the comprehensive plan designation is changed to allow increased development density.

Figure 19.34.035-1 Bonus Cluster Development

Subject site total area = 20 acre parcel

Min. Density = 1 lot per 5 acres

20 acres/5 acres per lot = 4 lots total density plus open space bonus lot.

(B)    Standard Cluster. When the remainder parcel is designated for development with a permitted use, it must exceed the open space size requirements set forth in Table 19.34.035-1 to provide an adequate buildable area as defined under Section 19.01.070(2), which will be noted on the final plat or recorded drawing. The area of the remainder lot outside of the buildable area shall be maintained as open space as shown in Figure 19.34.035-2. This buildable area must be located outside of any critical areas and any associated buffers.

Figure 19.34.035-2 Standard Cluster Development

Subject site total area = 20 acre parcel

Min. Density = 1 lot per 5 acres

20 acres/5 acres per lot = 4 lots total density

(ii)    Lot Size and Density Calculations within the R10/5 and RT Zoning Districts. The lot size and density calculations shall be based on the size of the lot as it existed on May 21, 1997. All lots of any subsequent division of land shall be included in the calculation.

(iii)    Declarative Covenant or Plat Note.

(A)    A plat note shall be recorded in a form acceptable to the Administrative Official that documents that the cluster lots resulting from a boundary line adjustment or by division of land under this Title are not subject to special setbacks for especially sensitive land uses from remainder parcels and other property zoned for commercial agriculture, forestry or surface mining uses, described in Section 19.18.205.

(B)    The declarative covenant or plat note of Subsection (3)(c)(iii)(A) above shall document the unavailability of further divisions beyond the density to which the lot, in its configuration as it existed on May 21, 1997 within the R10/5 and RT Zoning Districts, is entitled, until the remainder lot is served with both regional sewer and area-wide water system, and, if applicable, included within an Urban Growth Area or if a comprehensive plan designation changes the allowable density.

(C)    Notice of Resource Activities. Where otherwise undevelopable cluster remainder parcels are designated for commercial timber or agricultural activities the following notice shall be recorded as a plat note to serve as notification to each parcel within the cluster:

The property is adjacent to commercial agricultural or forest lands on which a variety of commercial activities may occur that are not compatible with residential development. Potential impacts or inconvenience may include, but are not limited to: Noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) during any 24 hour period, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides.

(d)    Lot Requirements. New lots subject to this Section shall comply with the applicable lot size standards for clustered lots in the following Table 19.34.035-1.

Table 19.34.035-1 Lot Requirements – Cluster Development 

Zoning District

Site Density

Lot Type

Minimum Lot Area

Maximum Lot Area

AG

FW

Maintain existing density

Cluster Lot

1.0 acre(1)

3.0 acres unless the Reviewing Official grants a larger lot size in accordance with Section 19.11.010(3)(d).

Remainder Parcel

Determined by area of cluster lot(s)

None

Rural-10/5

Maximum of one unit per 5.0 acres

Cluster Lot

1.0 acre(1)

3.0 acres

Remainder Parcel

Determined by area of cluster lot(s)

None

RT

Maximum of one unit per 2.0 acres

Cluster Lot

0.33 acre(1),(2) if served by community sewer system

3.0 acres or less as determined by area of remainder parcel

1.0 acre if not served by community sewer system

Remainder Parcel

3.0 acres or half the total project site, whichever is greater

None

SR

R-1

4.0 to 7.0 units per acre within the developed portion

Cluster Lot

7,000 sq. ft.(2)

Determined by area of remainder parcel

Remainder Parcel

Minimum Necessary for SMA(3)

None

R-2

7.0 to 11.0 units per acre within the developed portion

Cluster Lot

8,000 sq. ft.(2)

Determined by area of remainder parcel

Remainder Parcel

Minimum Necessary for SMA(3)

None

Notes:

(1)    Unless a greater area is required by YCC Title 13 for fire separation.

(2)    Unless a larger size is required by the Yakima Health District or Washington Departments of Health or Ecology. Cluster lots may use right-of-way to meet the minimum lot size as permitted by Subsection 19.10.030(3)(a).

(3)    Remainder parcels designated for residential development must accommodate a building area in addition to the minimum area necessary for an approved Satellite Management Agency (SMA) to operate the community water and sewer system. See Subsection (3)(c)(iii)(B) above.

(4)    Review Criteria for Cluster Developments.

(a)    In reviewing a proposal for cluster development through boundary line adjustment, the Reviewing Official shall determine whether:

(i)    The site plan satisfies the requirements of Section 19.30.070 and this Section; and

(ii)    The proposal meets the development standards of Subsection (3) above.

(b)    The Reviewing Official may apply such special conditions or stipulations to approving a cluster development as required to maintain compatibility with neighboring uses and to promote the objectives and purposes of the Comprehensive Plan and this Title.

(c)    If the Reviewing Official finds that the requirements of this Section are satisfied, they shall approve the cluster development, subject to any special conditions or stipulations under this Section, any necessary reduction to special setbacks provided by Section 19.18.205, and any necessary enlargement to lot size under Section 19.11.010(3)(d).

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.040 Short Subdivisions.

(1)    Administration. The Administrative Official shall administer and interpret the short subdivision provisions of this Chapter.

(2)    Pre-application Review for a Preliminary Short Subdivision. Whenever a short subdivision requires use of a substandard adjacent road for access or use of an interior road that will serve more than four units or lots, a preliminary short subdivision shall require a pre-application conference under YCC Section 16B.04.010 unless waived in writing as permitted by that section. An applicant for pre-application review of a preliminary short subdivision shall submit a completed pre-application review form, and the information in YCC Section 16B.04.010.

(3)    Preliminary Short Subdivision Application.

(a)    Application. An applicant for a preliminary short subdivision shall submit the requisite fee, a completed application review form and the information in Section 19.30.060.

(b)    Process. Review of the application shall be conducted as a Type 2 process under Chapter 19.30 and YCC Title 16B.

(4)    Decision Criteria and Review.

(a)    The Administrative Official shall approve a preliminary short plat if the applicant has demonstrated the application complies with the approval criteria in Subsection 19.34.050(5)(a) or that the application can meet those criteria by complying with conditions of approval.

(b)    Preliminary short subdivision approval shall be considered the basis upon which the applicant may proceed with development of the short subdivision and preparation of the final short plat subject to all conditions of the preliminary short subdivision approval.

(5)    Amendments to Preliminary Short Subdivisions.

(a)    Applications to amend a preliminary short subdivision approval shall be processed through Type 2 review subject to additional notice and fees provided that the short subdivision application has not expired. The Administrative Official may amend conditions of the preliminary short subdivision approval as necessary to address the proposed amendment request; however, this process is not intended to remove conditions of approval more appropriately addressed through the appeal process.

(b)    Minor changes or correction of errors not involving an increase in the number of lots or the change of conditions may be made by the applicant or County through the Type 1 review process.

(6)    Expiration of Preliminary Short Subdivision Approval. Approval of a preliminary short subdivision shall expire after five years. Extension of preliminary short subdivision approvals are determined under YCC Subsection 16B.07.050(2).

(7)    Final Short Subdivision Application. An applicant for review of a final short subdivision shall submit the requisite fee, a completed application review form and copies of the information as required by Section 19.34.070. Review of a final short subdivision shall be conducted as a Type 1 process specified in Section 19.34.070.

(8)    Recorded Short Plat Alteration or Vacation. Once a short plat has been recorded with the County Auditor it can be altered or vacated in whole or part in a manner not involving the re-subdivision into more than four lots from the original short subdivision outside an Urban Growth Area, or more than nine within Urban Growth Areas. When increasing the number of lots from the original approval, the Type 2 short subdivision application process will be required as outlined in YCC Title 19. When a proposed alteration or vacation involves a public dedication, the alteration or vacation shall be processed under Chapter 58.17 RCW. If the proposed alteration or vacation does not involve a public dedication, the altered or vacated short subdivision shall be processed under the following provisions:

(a)    The altered or vacated short subdivision must comply with the procedures and requirements of this Chapter. A new plat will be required with a survey of any new lot lines created by the altered or vacated short subdivision. The title block of the recorded plat map shall state “Amended Short Plat.”

(b)    The altered or vacated short subdivision shall show all of the land on the original short plat and shall bear the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject short subdivision or portion to be altered within the original short subdivision as described in RCW 58.17.212 and 58.17.215 as shown by a current (i.e., within 60 days) title certificate.

(c)    Minor changes or correction of errors not involving a change in lot lines or conditions may be made by the surveyor through the Type 1 review process by recording an affidavit with the County Auditor referencing the short plat by number and the correction.

(d)    When reducing the number of lots from the original approval and the proposed change does not affect any of the recorded plat requirements from the original approval, such as but not limited to easements, plat notes, access and/or utility locations, the boundary line adjustment process may be used as outlined in this Chapter.

(9)    Further Divisions of Land in Short Subdivisions. Once property is subdivided under the short subdivision regulations of this Title no further division creating more than nine lots, tracts, parcels, sites or divisions in the Urban Growth Area, or more than four lots, tracts, parcels, sites or divisions outside the Urban Growth Area, shall be made for a period of five years from recording of the short plat, unless a final plat has been approved and filed for recording under the subdivision and final plat provisions of Sections 19.34.050 and 19.34.070. In the case of a proposed re-division of land within a short subdivision or a subdivision, either the short subdivision or subdivision provisions of this Title and RCW 58.17 shall be complied with dependent upon the number of divisions proposed within the “land” as defined by Section 19.01.070 of this Title and/or the period of time that has elapsed since recording a prior short plat.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.050 Subdivisions.

(1)    Pre-application Conference. The applicant shall submit a pre-application conference form and site plan of the proposed development showing the proposed layout of streets, lots, and other features in relation to existing conditions. The Planning Division shall schedule a subdivision pre-application conference as provided in Section 19.30.040 and YCC Section 16B.04.010 and provide notice of the scheduled meeting to all federal, state and local agencies and public/private utility providers having a direct influence upon or who can provide general information on the proposed subdivision.

(2)    Submission. The applicant shall submit an application for preliminary subdivision to the Yakima County Planning Division, consisting of:

(a)    An application fee as specified in YCC Chapter 20.01;

(b)    The preliminary plat; and

(c)    Supplementary material as specified in Sections 19.30.060, 19.30.070, 19.30.072 and Subsection 19.34.050(1) shall be submitted to the Planning Division.

(3)    Public Notice of a Proposed Subdivision and Hearing. When a complete preliminary subdivision has been submitted to the Planning Division, the Administrative Official shall establish the date and time for a public hearing before the Hearing Examiner. The notice of public hearing and notice of application shall be as provided in YCC Chapter 16B.05 and RCW 58.17.090.

(4)    Review Requirements. Review of the application shall be conducted as a Type 4 process under Chapter 19.30 and YCC Title 16B.

(a)    Copies of the preliminary subdivision application, supplementary material, environmental documents and notice of public hearing shall be forwarded by the Planning Division to the agencies identified in RCW 58.17.080, RCW 58.17.150 and YCC Subsection 16B.05.030(3)(a) for their respective recommendations, if any.

(b)    The Yakima Health District may require the applicant to provide information necessary to determine the feasibility of the contemplated sewage disposal and water supply for the proposed subdivision.

(c)    Any recommendations of the aforesaid public agencies shall be submitted to the Planning Division prior to the close of the record under Subsection 19.34.050(5).

(5)    Decision Criteria – Public Hearings – Written Findings.

(a)    Decision Criteria. The Reviewing Official shall approve a preliminary subdivision if the applicant has demonstrated the application complies with the following approval criteria or that the application can meet these criteria by complying with conditions of approval:

(i)    The preliminary subdivision is in the public interest.

(ii)    Public and Private Facilities. The following facilities are adequate to serve the proposed subdivision before or concurrent with development of the preliminary subdivision:

(A)    Public and private streets and roads;

(B)    Open spaces, parks and recreation;

(C)    Drainage;

(D)    Access to mass transit where there is or will be such transit;

(E)    Potable water supplies;

(F)    Sanitary waste collection and treatment;

(G)    Schools and educational services (if residential);

(H)    Pedestrian facilities, particularly for students who walk to and from school;

(I)    Fire prevention services; and

(J)    Irrigation water supplies

(iii)    Compliance with Standards. The application will conform to all adopted County and State rules and regulations as set forth in Section 19.01.020.

(iv)    Phasing. If a phasing plan is proposed, the applicant must demonstrate that:

(A)    The phasing plan includes all land within the preliminary subdivision. A master preliminary plat shall be required with the initial phase approval that shows the future plat phases on the same document to establish and delineate the general development parameters for future phases;

(B)    Each phase is an independent planning unit with safe and convenient circulation and with facilities and utilities coordinated with requirements established for the entire subdivision;

(C)    Prior to recording the final plat for each phase, all required improvements for that phase will be built, bonded or escrowed;

(D)    Each phase is consistent with an overall site and drainage plan under YCC Chapter 12.10 approved for the entire development prior to the recording of the final plat of the first phase; and

(E)    The sequencing of phasing may occur in any order provided that all conditions of each phase are met consistent with the approved phasing plan.

(v)    Grading. Where the slope between the highest and lowest points on the site exceeds five percent, a final grading plan for the full development, consistent with the drainage plan, depicting the final grade shall be shown for the entire plat with topographic contours at intervals of not more than five feet.

(vi)    Flood, Inundation or Swamp Conditions. A proposed subdivision may be denied because of flood, inundation or swamp conditions under RCW 58.17.120. Construction of protective improvements may be required as a condition of approval and such improvements shall be noted in the final subdivision or in the Hearing Examiner’s recommendation.

(A)    New lots established for building purposes partially in the 100-year floodplain shall have at least a 5,000 square-foot building envelope outside the floodplain; (16C)

(B)    New lots established for building purposes that are entirely within the 100-year floodplain shall meet the subdivision standards set forth in YCC Titles 16A, 16C and 16D; and

(C)    New lots established for water-dependent land uses, as defined by YCC Section 16D.06.12, shall meet the requirements of YCC Subsection 16D.03.27(3) of the Shoreline Master Program.

(b)    Open Record Public Hearing Review.

(i)    The Hearing Examiner shall consider:

(A)    Agency reports, public testimony and all other relevant facts and consider the decision criteria of Subsection (5)(a) above;

(B)    Whether the proposed subdivision and dedication makes appropriate provisions for public health, safety and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

(C)    Whether the public interest will be served by the subdivision and dedication.

(ii)    If the Hearing Examiner finds that the proposed subdivision meets the decision criteria in Subsection (5)(a) above, then the Hearing Examiner shall recommend approval of the preliminary subdivision to the Board of County Commissioners (BOCC). A recommendation for approval may state conditions for such approval.

(iii)    If the Hearing Examiner finds that the proposed subdivision does not meet one or more decision criteria in Subsection (5)(a) above, the Hearing Examiner shall recommend disapproval of the preliminary subdivision.

(iv)    The recommendation of approval or disapproval shall be made under YCC Section 16B.08.050. The recommendation of approval or disapproval shall be based upon the factors specified in this Section and RCW 58.17.110 and every such recommendation shall be in writing and shall include findings of fact and conclusions to support the recommendation.

(v)    Recommended conditions to be fulfilled after approval of the preliminary subdivision shall be written on the face of the plat or incorporated in the Hearing Examiner’s written recommendation.

(vi)    Upon receipt of the recommendation of the Hearing Examiner, the Planning Division shall transmit a copy of the recommendation to the County Engineer, the Health District, the subdivider and the subdivider’s surveyor.

(c)    Closed Record Hearing Review.

(i)    The Board of County Commissioners, upon receipt of the Hearing Examiner’s recommendation on any preliminary subdivision shall, at a public meeting, set the date for a closed record hearing to consider the matter under the procedures and standards of YCC Chapter 16B.09.

(ii)    A record of the closed record public hearing shall be kept by the Board of County Commissioners and shall be open to public inspection.

(6)    Decision – Notifications. A copy of the resolution, with findings and conclusions, indicating the action of the Board of County Commissioners shall be sent to the Planning Division, the County Engineer, the County Assessor, the Health District, the subdivider and the subdivider’s surveyor.

(7)    Approval – Limitations.

(a)    Approval of a preliminary subdivision shall not constitute approval of the final plat for recording. Rather, it shall be a guide to preparing the final plat which shall be submitted for approval of the required officials within five years of preliminary subdivision approval, or as such time period is modified by RCW 58.17.140.

(b)    An approved subdivision expires five years after the effective date of the preliminary subdivision approval (or as such time period is modified by RCW 58.17.140) unless a fully complete application for a final subdivision has been submitted. Extensions may be approved under Subsection (10) below.

(8)    Final Decision and Appeal. The decision of the Board of County Commissioners on any subdivision application is final and conclusive unless appealed to the Superior Court under the Land Use Petition Act, Chapter 36.70C RCW.

(9)    Preliminary Subdivision Amendment. Following preliminary subdivision approval and before submission of a final plat, the applicant may request an amendment to the approved or conditionally approved preliminary subdivision. This Subsection provides for different procedures depending on whether the amendment is major or minor, but these procedures do not apply to incidental changes to the approved preliminary subdivision and any conditions or recommendations imposed by the Reviewing Official. An application for an amendment to a preliminary subdivision shall be considered either a minor or major amendment under the following criteria. The applicant must meet all of the criteria in Subsection (a) below.

(a)    Criteria – Minor Amendments.

(i)    A change to a condition of approval does not modify the intent of the original condition;

(ii)    The perimeter boundaries of the original site are not extended;

(iii)    The proposal does not increase the overall residential density of a site;

(iv)    The proposal does not change or modify housing types;

(v)    The proposal does not reduce the designated open space;

(vi)    The proposal does not increase the overall impervious surface on the site by over five percent and the applicant complies with any additional stormwater requirements under YCC Chapter 12.10, including:

(A)    Stormwater treatment requirements for increases of impervious surface area of more than five thousand square feet; and

(B)    Stormwater flow control requirements for increases of impervious surface of more than ten thousand square feet.

(vii)    Any request to divide the project into phases or to modify approved phases complies with the phasing plan criteria of Subsection (5)(a)(iv) above and will not have a material effect on conditions of subdivision approval or cause a delay in construction of planned amenities (community buildings, footpaths, etc.) approved with the original preliminary subdivision;

(viii)    Any conditions or expansions approved through minor amendments that cumulatively exceed the requirements in this Section shall be reviewed as a major amendment; and

(ix)    The extent of the minor modifications does not result in potentially significant adverse impacts that were not addressed during environmental review of the preliminary subdivision.

(b)    Filing – Minor Amendments. The following procedures shall be required for all minor amendments:

(i)    Application Type. Requests for minor amendments shall be a Type 1 process on forms provided by the Administrative Official.

(ii)    Routing. Minor amendment applications may be routed to any County division and to any agency with jurisdiction at the Administrative Official’s discretion.

(iii)    Approval. The Administrative Official may approve an application for a minor amendment, approve with additional conditions, or require modification of the proposal to comply with specified requirements or determine that the application shall be processed as a major amendment.

(iv)    Denial. The Administrative Official shall deny an application for minor amendment if the proposal does not meet or cannot be conditioned to meet Subsection (a) above. It may be possible to process the preliminary subdivision amendment under Subsection (c) below.

(v)    Appeal. The Administrative Official’s decision may be appealed as provided in YCC Chapter 16B.03.

(c)    Major Amendments – Criteria.

(i)    Amendments exceeding the provisions of Subsection (a) above shall be considered a major amendment and shall follow the same procedure required for a new application and fee.

(ii)    Major amendments shall be subject to the most current County codes including density requirements.

(iii)    Any public hearing on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The Reviewing Official shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary subdivision approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Reviewing Official, the applicant may either withdraw the proposed major amendment or may appeal the determination as provided under law.

(10)    Time Extensions. A written request may be filed with the Administrative Official for extension of the time for finalization of a preliminary subdivision. The request for extension must be submitted in writing to the Administrative Official at least 30 days prior to the expiration of the preliminary subdivision approval under Subsection (7) above. The Administrative Official shall circulate the time extension request to affected agencies for comments. Extension requests shall be processed as a Type 1 application as specified under YCC Chapter 16B.03. The expiration date of the preliminary subdivision shall be on hold until the Administrative Official issues a decision on the application and any subsequent appeals are resolved.

(a)    Approval Criteria. The Administrative Official may approve the request after making findings that the final subdivision extension will not be contrary to the public health, safety or general welfare, and provided that one or more of the following circumstances is found to apply:

(i)    Some portion of the existing preliminary subdivision has been finalized since the project was approved and the remaining lots would form a unified development consistent with the original approval and the phasing criteria of Subsection (5)(a)(iv) above.

(ii)    The preliminary subdivision remains generally consistent with the original subdivision that was approved.

(iii)    When preliminary subdivision approval was granted, development of the proposal was conditioned upon the extension of public facilities, which are not yet available. This circumstance shall not apply to extensions which the project sponsor would normally fund.

(iv)    Court records or judgments submitted demonstrate legal proceedings directly related to completing the plat have prevented the applicant from finalizing the preliminary subdivision within the original approval period.

(b)    Submittal Requirements and Timeline. The request for the time extension shall be accompanied by the approved preliminary subdivision showing the location and size of any development or work already completed on the project, with a timeline that identifies when each of the conditions of the decision has or will be completed and details circumstances that prohibited the commencement or completion, or both, of the authorized subdivision.

(c)    Extension Limitations and Additional Conditions. The Administrative Official may only grant one time extension, up to a period of five additional years from the original expiration date. RCW 58.17.140(4) authorizes the grant of extension to include additional or altered conditions and requirements recommended by affected agencies or found applicable by the Administrative Official if issues presented are substantially mitigated by revisions to the original approval or if changes in adjacent development or studies merit updates to required conditions.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.060 Requirements for Site Improvements, Reservations and Design.

(1)    Completion of Improvements – Performance Assurance. Before the “division of land” as defined in Section 19.01.070 is approved by the Reviewing Official, the applicants shall complete all required site improvements, reservations, and designs as identified in the decision to the satisfaction of the Reviewing Official and the County Engineer. All site improvements, as required by this Title and specified in the terms of preliminary division of land approval shall be dedicated free and clear of all encumbrances on the dedicated property and public and private improvements. In lieu of these improvements, Yakima County may accept a bond or other security under Section 19.30.130, as provided by RCW 58.17.130.

(2)    Construction of Improvements. Where improvements are required, plans for such improvements shall be submitted to the County Engineer, who shall review them for conformance with conditions of preliminary subdivision approval and other adopted county standards as of preliminary division of land approval. Approval shall be given by the signature of the County Engineer on the improvement plans. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW). The licensed engineer shall certify same by seal and signature. All construction plans shall comply with this Title and in addition to the above certification shall contain the following:

(a)    Subdivision name;

(b)    Name, mailing address, and telephone number of engineer preparing the plan; and

(c)    Date (month and year).

(3)    Monumentation. Permanent control monuments shall be set at all lot corners, block corners, angle points, points of curves in streets and centerlines of new right-of-way, points of intersection and under the requirements of Chapter 58.09 RCW, and at intermediate points as the County Engineer requires.

(4)    Provision of Irrigation Distribution Facilities. Irrigation distribution facilities shall be provided as required under RCW 58.17.310 and as implemented by right-of-way preservation for irrigation system maintenance in Comprehensive Plan policy.

(5)    On-Site Sewage Systems.

(a)    Verification. The applicant shall provide written verification from the Yakima Health District to the Planning Division that the proposed lots are adequate to accommodate an on-site sewage system and reserve area outside of any water supply protection zone under WAC 246-272A-0320 when an individual, on-site sewage system is proposed:

(i)    On lots under two acres in size; or

(ii)    On lots under 2.5 acres in size located on Type 1 soils as identified by WAC Chapter 246-272A.

(b)    Notice. Where the Yakima Health District waives the requirement to provide written verification that the lots can accommodate an on-site sewage system, but one or more resultant parcel is under 2.5 acres, the following notice shall be recorded on the final plat or document:

Notice to Public: The Yakima Health District has waived the requirement to provide written verification that lots herein can accommodate an on-site sewage system.

(c)    Improvements Required. As a condition of approval the Reviewing Official may require sewer improvements as set forth under Subsection 19.25.045(1) for development within Urban Growth Areas.

(6)    Public Water Systems. Where a public water system is required for divisions of land, water service lines and fire hydrants must be installed from a mainline to each lot within easements prior to final plat or short plat approval. Water service lines may be excluded only if all of the following conditions apply:

(a)    Each lot has direct access to water from the mainline without the service line having to be installed on or across a separate lot from the lot to be served;

(b)    Service lines would not need to cross roads or other utilities;

(c)    Water service to other lots would not need to be interrupted to install the service lines in the future; and

(d)    Where required, a covenant shall be recorded establishing a well control zone (sanitary control area) of sufficient diameter as determined by the Yakima Health District and/or the Washington State Department of Health.

(7)    Recreation Areas. Pursuant to RCW 58.17.110 and related statutes, the County shall require subdivision five acres or larger within Urban Growth Areas and all plats three acres or larger in Rural Settlements to designate a portion of land area exclusive of streets as a recreation area. Recreation areas may include: private or public parks, pocket parks or mini-parks, playgrounds, trails and pathways.

(a)    Standards and Review.

(i)    Designation. The nature of the area shall be clearly indicated on the plat, “Reserved for Recreation Purposes.”

(ii)    Size, Topography and Location.

(A)    The recreation area shall be of useable size, dimension, topography, and have adequate road access for the proposed recreational use;

(B)    The recreation area shall be maintained in a singular contiguous tract, parcel or lot;

(C)    When recreation areas are required for single-family and multi-family residential uses, the Reviewing Official shall determine the number of acres to be reserved based on the ratio of 1 acre/per 100 dwelling units, which equals 435.6 sq. ft. per dwelling unit; and

(D)    Where the proposed recreation area is less than the percentage in Subsection (C) above, payment in lieu of recreation area under Subsection (b) below shall apply.

(iii)    Recommendation. The Reviewing Official may refer such proposed recreation area to the local government official or department in charge of parks and recreation for recommendation.

(iv)    Dedication. The developer shall dedicate all such recreation areas to the homeowners’ association, or other responsible entity as a condition of final subdivision approval. Any acquisition of the land required for public parks or recreational areas, other than streets and alleys, shall be obtained by deed from the developer as a condition of final approval of the subdivision.

(v)    Maintenance Agreements for Private Recreation Areas. Covenants shall provide perpetual maintenance of recreation areas dedicated to or operated by parties other than a local government. The covenants shall establish a fund for recreation area maintenance and require the owners in the development to pay annually into such fund. Covenants shall be approved by the County.

(b)    Alternative to Dedication or Payment in Low-Density Neighborhoods. As an alternative to providing a recreation area under Subsection (7)(a) above within the SR and R-1 districts the applicant may choose to limit the entire development to a minimum lot size of 7,000 square feet or larger and a maximum lot coverage of 45%. A statement shall appear on the face of the plat that acknowledges these limitations and that the maximum lot coverage may not be adjusted to exceed 45%.

(8)    Drainage Facilities. Where drainage facilities are required, approval of design, construction and drainage easements is required under YCC Chapter 12.10.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.070 Final Subdivisions and Short Subdivisions.

(1)    Applicability. This Section applies to applications for finalizing both divisions of land following a formal preliminary approval. Any use of the term “subdivision or plat” in this Section shall include “short subdivision or short plat.” Any reference to the Board of County Commissioners would not normally apply to short subdivisions, which are approved administratively, unless appealed.

(2)    Requirements. The final subdivision shall:

(a)    Conform substantially to the preliminary subdivision;

(b)    Incorporate any conditions or recommendations imposed by the Reviewing Official;

(c)    Include the following information, either on the face of the plat, if practicable, or, if not, on a separate attached statement. Any required signatures shall be in permanent black ink on the original document to be filed;

(i)    A complete survey of the section or sections necessary to establish the corners of the quarter section or the corners of the quarter sections in which the plat is located or as much as may be necessary to properly orient the plat within such section or sections meeting State of Washington surveying practices as they exist in the Survey Recording Act at the time the field surveying work is completed. A lot closure report for each lot within the proposed subdivision must be submitted with a copy of the final plat;

(ii)    Subdivision name (if any);

(iii)    Legend, title, scale, north arrow and date;

(iv)    Planning Division file number, located near the upper right-hand margin or within it;

(v)    Tract boundary lines, property lines of residential lots and other sites, with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of all curves;

(vi)    Name and right-of-way lines of streets, easements and other rights-of-way;

(vii)    Location, dimensions and purpose of any easements;

(viii)    Number to identify each lot or site and block;

(ix)    Purpose for which sites, other than residential lots, are dedicated or reserved;

(x)    Location and description of monuments existing or set;

(xi)    Reference to recorded plats of adjoining platted land by recorded name, and Auditor’s file number;

(xii)    A certificate on the face of the plat signed by a registered land surveyor certifying the plat is a true and accurate representation of the lands surveyed;

(xiii)    A certificate signed and acknowledged by all parties with any record title interest in the land subdivided, consenting to the preparation and recording of the plat; and

(xiv)    If a lot is approved and will be served by an individual well for potable water supply and the well is not required to be installed prior to the recording of the final plat a statement shall appear on the face of the plat indicating the responsibility of future owners to provide the intended source of potable water, consistent with the type of water system intended in the approval and in compliance with all laws governing its installation and operation.

(d)    Subdivisions within Irrigation Districts. Comply with the following provisions if the subdivision lies wholly or in part in an irrigation district:

(i)    A statement shall appear on the face of the plat evidencing the subdivision lies within the boundaries of an irrigation district and that irrigation water rights-of-way may be imposed by said irrigation district under RCW 58.17.310.

(ii)    Plats within irrigation districts or portions of irrigation districts shall contain irrigation easements no less than ten feet in width, nor more than 25 feet in width, unless otherwise approved by the irrigation district to indicate:

(A)    Adequate provision has been made to serve with irrigation water all lots which are entitled to irrigation water under operating rules and regulations of the district, and

(B)    Adequate provision has been made to transmit irrigation water through the plat to serve adjacent land that is entitled to irrigation water from the official forty-acre delivery point serving said land.

(iii)    Plats wholly or in part within the boundaries of the Naches–Selah, Sunnyside Valley, Roza, or Yakima–Tieton Irrigation District, shall in addition to Subsection 19.34.070(2)(d)(i) contain the following acknowledgement:

The property described hereon is wholly or in part within the boundaries of the __________________________ Irrigation District. The irrigation easements and rights-of-way on this plat as required by Yakima County Code Title 19 (either currently existing irrigation easements or rights-of-way or newly created ones) are adequate to serve all lots located within this plat which are otherwise entitled to irrigation water under the operating rules and regulations of the district. The irrigation easements and rights-of-way are adequate to transmit irrigation water under the operating rules and regulations of the district. Lots _________________, in whole or in part, are not entitled to irrigation water under the operating rules and regulations of the district.

(iv)    If one or more irrigation district within the subdivision serves as its own treasurer, a certificate of the authorized officer of the irrigation district is required evidencing that all special property assessments of such district on the property being divided are paid through a specific date. Such date shall be no more than thirty days from the date of submission of a subdivision to the Yakima County Planning Division for processing.

(e)    Subdivisions within Floodplains. Comply with the following provisions if wholly or in part within an identified special flood hazard area:

(i)    Delineate any 100-year floodplains and floodways on the face of the plat, or if the entire property is within the 100-year floodplain, contain a statement of that fact;

(ii)    Identify on each lot partly within a special flood hazard area the minimum building area of 5,000 square feet outside of the 100-year floodplain, except public utility tracts, and public highway tracts; and

(iii)    Include the following statement(s) on the face of the plat:

Portions of this divisions of land lie within the one-hundred-year floodplain of (appropriate watercourse name) as defined by the Federal Emergency Management Agency (FEMA) as part of the National Flood Insurance Program (NFIP) as per Flood Insurance Rate Map panel (number, date). Special flood hazard development standards will apply to that area of the lot lying within the 100-year floodplain subject to the NFIP as implemented by YCC Title 13 and YCC Chapters 16A.05 and 16C.05, Critical Areas and/or 16D.05, Shoreline Master Program. This information is subject to change. Specific floodplain information may be obtained from the Yakima County Public Services Department.

(f)    Subdivisions within Shoreline Jurisdiction. Include the following statement on the face of the plat, if wholly or in part within the jurisdictional boundary of the Yakima County Regional Shoreline Master Program:

The lots, or portions thereof, within this divisions of land are subject to the Yakima County Regional Shoreline Master Program (YCC Title 16D). Special development standards may apply and permits may be required for certain types of development. Shorelines management information may be obtained from the Yakima County Planning Division.

(g)    Stormwater. Include a statement on the face of the plat that the owners and their grantees and assignees in interest agree to retain surface water generated by the (___-year, 24-hour) storm event (defined by the Reviewing Official) within the divisions of land. Any drainageways must not be altered or impeded; provided, this provision will not apply to divisions of land that have received written approval of a stormwater site plan to discharge surface water to a publicly owned or authorized storm water system.

(h)    Individual Driveway Grades. Include the following statement on the face of the plat for properties with ground slopes exceeding ten percent, as depicted on the final grading plan:

The maximum grades for individual driveways that are 50 feet in length or less shall be 12%. The maximum grades for driveways 51 feet or greater shall be as identified for fire apparatus access roads in YCC Title 13. The grade shall be measured from the edge of road right-of-way or private access easement at the center of the driveway to the garage slab. If there is no garage then it shall be measured to the grade of the building as defined in the residential code of YCC Title 13.

(i)    Addressing. Include the following statement on the face of the plat:

Yakima County has in place an urban and rural addressing system per YCC Chapter 13.26. Determination of street names and address numbers for developed residential and commercial lots within this plat are at the discretion of the Yakima County Public Services Department upon issuance of an eligible building permit.

(j)    Dedications. Include dedication by owner of streets, rights-of-way, easements and any sites for private or public use.

(k)    Acknowledgement of Subdivider. Include an acknowledgment by the person filing the plat before the Auditor of the County. A certificate of said acknowledgment shall be enclosed or annexed to such plat and recorded therewith.

(l)    Payment of Taxes. Accompany a certificate of payment from the County Treasurer stating all taxes and delinquent assessments for which the property may be liable as of the date of certification by the Treasurer have been fully paid, satisfied or discharged.

(m)    Approvals, Certificates, Affidavits, Covenants, Disclaimers and Endorsements. Include the following information, if practicable, or, if not, on a separate attached statement. Any required signatures shall be in permanent black ink on the original document to be filed.

(i)    Approvals by Administrative Official for short subdivision, and upon receipt of a final plat for a subdivision meeting the requirements of YCC 19.34.070, the Administrative Official shall review the final plat and shall approve the final plat if determined that the final plat conforms to the conditions of preliminary plat approval and applicable state laws and meets the requirements of YCC Title 19 as they existed when the preliminary plat was approved by the Board of County Commissioners;

(ii)    Acknowledgement from the Yakima Health District, or other agency furnishing sewage disposal and/or supplying water, as to the adequacy of the proposed means of sewage disposal and water supply;

(iii)    Statement of approval and certification by the County Engineer:

(A)    As to the survey data, layout of streets, alleys and other rights-of-way, design of bridges, sewage or water systems, and other structures; and

(B)    Certification that the subdivider has either:

1.    Completed improvements under these regulations and with the action of the Board of County Commissioners giving approval of the preliminary subdivision, or

2.    Submitted a bond or certified check in sufficient amount to assure completion of all required improvements at a future specified date;

(iv)    Such other certificates, affidavits, covenants, disclaimers or endorsements as may be required by the Reviewing Official in the enforcement of these regulations.

(3)    Drawings. The final plat shall be produced at a scale of at least one inch equals 100 feet, unless the Administrative Official requests or authorizes a smaller scale, to make a map eighteen inches wide by 24 inches long. The final plat shall be drawn with ink on 3-mil Mylar® film, equivalent material, paper or other form acceptable to the County Auditor. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision.

(4)    Submission. The original Mylar®, (or equivalent material, paper or other form acceptable to the County Auditor) and five copies of the final plat, and one copy of other exhibits required for approval as specified in Subsection (2) above shall be submitted to the Administrative Official and shall be accompanied by the final plat processing fee as specified in YCC Title 20. The applicant must submit all of the required documentation when the Mylar® is submitted. The final plat shall be submitted prior to the expiration of time specified in the preliminary subdivision approval.

(5)    Approval.

(a)    The Administrative Official, County Engineer and Yakima Health District shall review the final plat for conformance to conditions imposed on the approved preliminary subdivision. Approval of the planning agency shall be indicated by the signature of the Administrative Official on the original tracing.

(b)    The final plat shall be submitted to the office of the County Engineer for final checking and inspection before ultimate approval is given. Office checking will be charged for at the prevailing wage rate for county engineers. A field check may be made of the boundaries of the plat. Approval of the County Engineer shall be indicated by the signature of the County Engineer on the original tracing.

(6)    Time Limit for Review. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(7)    Final Plat Alteration/Vacation. Once a plat has been filed with the Auditor, it shall remain as the official plat covering the land. If a person proposes to alter or vacate the plat in whole or in part, the procedures in Chapter 58.17 RCW shall be followed, except short plat alterations and vacations that do not involve a public dedication shall be processed under Subsection 19.34.040(9).

(Ord. 6-2018 § 2(G)(i)(4) (Exh. 6(4)), 2018; Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.080 Binding Site Plans.

(1)    Purpose. The purpose of this section is to provide procedures for divisions of land by use of a binding site plan as an alternative to the subdivision process in commercial and industrial developments and in mobile or manufactured home parks, campgrounds and recreational vehicle parks.

(2)    Applicability. The provisions of this Section are limited to two types of divisions:

(a)    Divisions as provided in RCW 58.17.040(4) for the purpose of sale, lease or transfer of property zoned Small Convenience Center (SCC), Large Convenience Center (LCC), General Commercial (GC), Highway/Tourist Commercial (HTC), Light Industrial (M-1), and Heavy Industrial (M-2) under Subtitle 19.1; and

(b)    Divisions of property for lease as provided for in RCW 58.17.040(5), when no residential structure other than mobile or manufactured homes or travel trailers are permitted to be placed upon the land when the County has approved a binding site plan for the use of the land under Sections 19.18.130 and 19.18.280.

(3)    Commercially and Industrially Zoned Property.

(a)    General Binding Site Plan.

(i)    Pre-application Conference. To insure agency requirements are properly addressed, upon receipt of a request, the Planning Division shall schedule a pre-application conference and circulate a copy of the plan to all affected agencies with the time and date of the meeting.

(ii)    Application. An applicant for review of the binding site plan shall submit the requisite fee, a completed application review form provided for that purpose by the Administrative Official, and the information listed in Section 19.30.060.

(iii)    Review. Review of the application shall be conducted as a Type 2 process under Chapter 19.30 and YCC Title 16B.

(iv)    Administrative Decision. The Administrative Official shall review the binding site plan for compliance with this Chapter and all other land use regulations in effect at the time of submission of a fully completed binding site plan application.

(A)    Installation of Public Facilities. The conditions for approval of the project shall include installation of all public infrastructure prior to recording the general binding site plan. Public facilities required prior to recording the general binding site plan shall, at a minimum, include the following items that form a coherent and unified development:

1.    Stormwater infrastructure;

2.    Looped utilities and fire suppression systems;

3.    A public road network with more than one connection to exterior roads; and

4.    Non-motorized transportation infrastructure.

(B)    Approvals. The applicant shall obtain written approvals by the applicable sewer and water providers, fire districts, County Engineer and Public Services Director for the various forms of public facilities required shall be obtained prior to recording the general binding site plan.

(C)    Phasing. Any request for developing the proposal in phases shall comply with the phasing plan requirements for preliminary plats under Subsection 19.34.050(5)(a)(iv). A master general binding site plan shall be required with the initial phase approval that shows the future binding site plan phases on the same document to establish and delineate the general development parameters for future phases.

(D)    Approval. If all requirements for approval are met, the Administrative Official shall provide written findings of facts supporting the approval of the preliminary binding site plan, and set forth all conditions for general binding site plan approval.

(v)    Preliminary Approval – Limitations. The approval of a preliminary binding site plan by the Administrative Official authorizes the applicant to prepare the general binding site plan and develop the required improvements and facilities under conditions of approval. No sale, lease or transfer of any lot proposed by the site plan shall occur until a general binding site plan is approved and recorded with the Yakima County Auditor. The general binding site plan shall be submitted within five years of the date of preliminary approval.

(vi)    General Binding Site Plan Approval and Recording. When all conditions of preliminary binding site plan approval are met, including construction, dedication and acceptance of all public facilities, or providing a bond under Section 19.30.130 in lieu of actual construction of any required public improvements, the developer shall submit the general binding site plan, with the fee in YCC Title 20, to the Planning Division for processing and recording. Any roads, structures, sewers, and water systems required for general binding site plan approval shall be designed and certified by or under the supervision of a registered engineer prior to the acceptance of such improvements. Once all the following requirements are met, the Planning Division shall file the general binding site plan with the County Auditor. The general binding site plan must include:

(A)    A complete record of survey of the entire property and the initial lots to be created, if any, including the legal description;

(B)    The acknowledged signatures of all parties having an ownership interest in the property;

(C)    The signature of the County Engineer, the Administrative Official, and the County Treasurer;

(D)    Auditor’s certificate;

(E)    Written documentation that all requirements for preliminary binding site plan approval are met, including the completion of all required infrastructure/improvements;

(F)    An accompanying recommendation for approval or disapproval from the Yakima Health District or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply; and

(G)    A note on the face of the binding site plan identifying the maximum density for the project area within the zoning district.

(b)    Administrative Approval of Individual Lots. The creation of individual lots, other than lots established by the recorded general binding site plan, may be administratively approved through Type 1 review. Once a completed binding site plan division application is submitted with the fee in YCC Title 20, it will be reviewed by the Planning Division and all other divisions of the Public Services Department, and any other agency with jurisdiction, for compliance with this Chapter. An application shall not be accepted or approved unless:

(i)    Required site improvements conform to the decision approving the general binding site plan;

(ii)    Evidence that all infrastructures to serve the proposed lot(s) has been constructed to the standard outlined in the decision for the general binding site plan;

(iii)    All improvements required for finalization of specific individual commercial or industrial lots were constructed and accepted prior to the time of application for the individual lots;

(iv)    A registered land surveyor surveys the proposed lot(s) created and the legal description for the lot is prepared by the surveyor under the Survey Recording Act (RCW Chapter 58.09);

(v)    All parties having an ownership interest in the lot(s) to be created under the current proposal sign the Type 1 application and the survey;

(vi)    The survey containing the information listed above is recorded with the County Auditor’s office following approval of the division application and prior to the sale, lease or transfer of any lot, with survey being titled “Amended Final Binding Site Plan.”

(c)    The lot(s) to be created meets the requirements set forth in the recorded general binding site plan;

(d)    The lot(s) meets the minimum lot size in the zoning district.

(4)    Vacation or Alteration of a Recorded Binding Site Plan. The vacation or alteration of a recorded binding site plan must follow the procedures in Subsections 19.34.070(3) through (5) above. This Subsection does not apply to the creation of lots under Subsection (3)(b) above. Lots already created within the general binding site plan may be merged or adjusted with adjacent lots under Section 19.34.020, but may not involve boundary line adjustments outside the perimeter of the general binding site plan. If the entire binding site plan is proposed for vacation, the owners of any existing developed lots in the binding site plan must sign a binding site plan vacation application or meet development standards through application for a subdivision or short subdivision.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.081 Campgrounds and Recreational Vehicle Parks.

(1)    Pre-application Conference. Any person desiring to develop, expand, alter or modify a campground or recreational vehicle park shall request and attend a pre-application review conference with the Planning Division prior to submitting a campground or recreational vehicle park preliminary site plan application. Pre-application conference shall follow the requirements in YCC Title 16B.

(2)    Application. An applicant for a campground or recreational vehicle park authorized under Section 19.18.130 shall submit the requisite fee, a completed application review form provided for that purpose by the Administrative Official, and the information listed in Section 19.30.060. The site plan shall be drawn to an engineering scale acceptable to the Reviewing Official and shall comply with Subsections 19.30.070(1) and (2) and Subsection 19.30.074(1)(d).

(3)    Review. Review of the application shall be conducted in conjunction with the Type 2 or 3 review of an Administrative or Conditional Use, as indicated in allowed zoning districts, under Chapters 19.11, 19.12, 19.13, 19.18, 19.30 and YCC Title 16B. Notice of a proposed campground or recreational vehicle park shall be given as specified in YCC Chapter 16B.05. Appeals are permitted as provided in YCC Chapter 16B.09.

(4)    Criteria for Decisions. In reviewing and deciding on applications for preliminary site plan approval for a campground or recreational vehicle park, the Reviewing Official’s decision to approve, approve with conditions, or deny an application shall be based on consideration of, the extent to which the proposed campground or recreational vehicle park is:

(a)    Compatible with other existing uses within the general area;

(b)    Consistent with goals, objectives, policies, and recommendations of Yakima County Comprehensive Plan(s) and if applicable, the Regional Shoreline Master program;

(c)    In conformance with the uses allowed in the zoning classification within which the property is located;

(d)    In compliance with and meets all requirements and standards of this Chapter and Section 19.18.130; and

(e)    Consistent with land use requirements listed in YCC Title 13 Appendix G601 Recreational Vehicles, provided that recreational vehicle length of stay shall be limited to a period not to exceed 30 days, except for the camping vehicle occupied by the campground hosts.

(5)    Duration of Preliminary Site Plan Approval.

(a)    Preliminary site plan approval of a campground or recreational vehicle park, including all development phases, shall be effective for five years from the date of approval.

(b)    If a final binding site plan is not approved and recorded within this five-year time period, preliminary site plan approval shall expire; however, as provided in YCC Section 16B.07.050, if the applicant completes and files all plans and specifications and substantially meets all conditions required as part of the preliminary approval, and further if the applicant requests an extension at least thirty days prior to the expiration date, the Administrative Official may grant one extension of preliminary application approval of a duration up to two years, during which all construction shall be completed or guaranteed.

(c)    Failure to complete construction of required improvements or provide satisfactory assurance of completion in the manner provided in Subsection 19.30.130(5) within the two-year time extension period shall cause expiration of preliminary site plan approval, and it shall be necessary to resubmit an application for preliminary approval if the project is to continue. Any resubmitted application shall be subject to the regulations and fees in effect at the time of resubmission.

(6)    Site Development.

(a)    Following preliminary site plan approval, the applicant shall proceed with completion of engineering plans and specifications for roads, water, sewage disposal, drainage and stormwater treatment, power, cable, and other utility services.

(b)    Following approval of the engineering plans and specifications, construction of the campground or recreational vehicle park may commence in conformance with the approved plans and specifications. Any deviation from the approved plans shall be subject to a modification to the approved use and written approval from the Reviewing Official.

(c)    Following installation and construction of the required improvements, as-built plans for the water system, sewage disposal system, road construction, storm drainage, and other improvements shall be prepared and certified by a registered engineer. Two copies of the certified as-built plans shall be submitted with the final binding site plan.

(7)    Final Binding Site Plan.

(a)    Final binding site plan approval is an administrative process. The final binding site plan and three copies shall be prepared on 18 inch by 24 inch Mylar® sheets, or other media acceptable to the County Auditor. The final binding site plan shall contain:

(i)    A drawing at a scale of one inch equals 100 feet or other approved scale showing the location of all roads, camping spaces, pads, required parking spaces, external setbacks, natural and human-made drainage ways, ponds, detention and stormwater treatment areas, wetlands, easements for water and sewage disposal lines, septic tank location(s), and gray water disposal sites, fire hydrants and reservoirs, solid waste disposal site(s), fire pits, location and dimensions of any office, restrooms, showers, cabins, and other permanent buildings and other structures, and location of all survey monuments. An inset may be used to show a typical camping space and illustrate setbacks and space improvements in lieu of showing individual setbacks and improvements for each camping space;

(ii)    The number and location of each camping space shall be shown on the site plan as light dashed lines;

(iii)    Signature and date blocks for each of the following:

(A)    Owner(s) of record of the subject property;

(B)    Notary public, attesting to the authenticity of the owner’s signature,

(C)    Surveyor’s signature(s) and seal;

(D)    Planning Director, Yakima Health District, County Engineer, County Treasurer or Deputy, and County Auditor or Recording Deputy, or authorized designees; and

(E)    Chairperson of the Board of Yakima County Commissioners, only if the site plan includes land or improvements dedicated to Yakima County;

(iv)    Written description of the surveyed boundaries of the campground or recreational vehicle park property;

(v)    Other information as required by the Reviewing Official;

(vi)    The Treasurer shall sign to certify the taxes for the subject property are paid through the current year; and

(vii)    The Reviewing Official shall signify final binding site plan approval by signing the final binding site plan Mylar®. An incomplete final binding site plan shall be corrected before final approval and recording.

(b)    One copy of the approved final binding site plan shall be recorded and filed in the Auditor’s records. A campground or recreational vehicle park shall not be legal and approved until the approved final binding site plan has been recorded and filed with the County Auditor.

(c)    The operator of a campground or recreational vehicle park shall establish rules and regulations for the management of the establishment and its guests and employees, and each guest or employee staying or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in the park or campground. The submission of campground or recreational vehicle park management rules shall be required when an applicant files for final binding site plan approval.

(8)    Compliance. An owner of a campground or recreational vehicle park and the manager are jointly responsible to operate a campground in compliance with this Chapter, and each is also responsible for guest compliance.

(9)    Annual Operational Permit and Inspection Required. All recreational vehicle parks and campgrounds in unincorporated Yakima County are required, prior to the renewal or issuance of the annual operational permit, to have an inspection by Yakima County to ensure compliance with the approved binding site plan approved under this Chapter and the applicable building, fire safety and health regulations established under Yakima County Code Title 13.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.082 Manufactured or Mobile Home Parks.

(1)    Application. An applicant for a manufactured/mobile home park shall submit the requisite fee, a completed application review form provided for that purpose by the Administrative Official, and the information listed in Section 19.30.060.

(2)    Review and Notice. Review of the application shall be conducted in conjunction with the Type 2 or 3 review of an Administrative or Conditional Use, as indicated in allowed zoning districts, under Chapters 19.11, 19.12, 19.13, and 19.30, Section 19.18.280, and YCC Title 16B. Notice of a proposed mobile or manufactured home park shall be given as specified in YCC Chapter 16B.05. Appeals are permitted as provided in YCC Chapter 16B.09.

(3)    Standards. All standards of Section 19.18.280 shall apply to expansion of existing manufactured/mobile home parks. The standards shall not apply to existing areas of a park not being expanded. The Reviewing Official may, at his or her discretion, reduce one or more standards of Section 19.18.280 for newly expanded areas of a park if expansion plans also include proportional improvements to the existing park area.

(4)    Approval. Subject to findings of the proposal’s conformance with the Comprehensive Plan and the requirements of this Title, the Reviewing Official may grant preliminary approval of the project, enabling the applicant to meet State and County requirements for final binding site plan approval.

(a)    A final binding site plan drawn by a licensed surveyor or engineer for the project shall be submitted verifying all required improvements have been completed or a surety bond has been posted in a form and amount acceptable to Yakima County for their completion. The final binding site plan shall be legibly drawn, printed or reproduced at a scale appropriate to show the necessary detail, which in no event shall be less than one inch to 100 feet, and containing at least:

(i)    Delineation of all spaces and dimensions, square footage and unit setbacks for each space.

(ii)    Designation of the areas and locations of all easements, streets, roads, location of off-street parking for each unit, other parking areas, improvements, signage, utilities, building envelopes within each space, and required open spaces and permanent irrigation system to maintain open space/recreational areas that would normally require irrigation.

(iii)    The location of all solid waste containers and screening of containers, all facilities, utilities, improvements and amenities such as pathways, sidewalks, and recreational facilities.

(iv)    An accurate legal description of the property.

(v)    The parcel number, north arrow, and scale of the map.

(vi)    Signature line for the reviewing official.

(vii)    All property lines, their lengths and bearings.

(viii)    The notarized signature of the property owner(s).

(ix)    A statement signed by the local health officer that the plan meets the rules, regulations and standards of the Washington State Department of Health.

(x)    Inscriptions or supplemental documents setting forth the limitations and conditions of the use of the land, or of approval, prescribed by the Reviewing Official.

(xi)    The following statement: “The spaces contained in this park shall be for the purpose of lease of manufactured or mobile home sites only. The sale of lots without prior compliance with procedures governing the subdivision of land shall constitute a violation of state and/or local laws.”

(xii)    Designation of the details of a sitescreening buffer strip along property perimeters, under Subsections 19.18.280(3)(j) and 19.21.030(2).

(xiii)    If a portion of the existing mobile or manufactured home park is located in a special flood hazard area, the final binding site plan shall delineate the flood hazard areas required by the subdivision standards under YCC Title 13. New or expanded mobile or manufactured home parks are not permitted under YCC Titles 16A, 16C, and 16D.

(b)    The final binding site plan shall be submitted to the Reviewing Official to be reviewed. Once approved, it shall be filed with the County Auditor within 14 days.

(c)    Building permits for the manufactured or mobile homes shall not be granted until after the final binding site plan has been filed with the County Auditor.

(d)    Development in conformity with the approved final binding site plan is binding. Deviation from any condition upon which approval was granted, or from any condition shown on the approved final binding site plan, shall constitute a violation of this Title punishable and enforceable in the manner provided for in YCC Section 16B.11.050.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 7-2013 § 1 (Exh. A) (part), 2015).

19.34.090 Utility Services Tracts.

The following divisions shall be processed by boundary line adjustment under Section 19.34.020.

(1)    Bisected Parcels. Properties bisected by opened public rights-of-way, primary irrigation district canal or major sub-lateral or opened railroad rights-of-ways may be divided along the existing right-of-way without meeting minimum lot size, dimension or density standards of the zoning district.

(2)    Public Highway and Utility Services Tracts. Tracts that are to be dedicated for future public use such as a public highways or public utility services, such as community water supply, may be created without meeting minimum zoning district’s size, dimension or density standards. Such tracts shall not be created for future sale or lease.

(3)    Personal Wireless Communication Tracts. Establishment of tracts for the purpose of leasing land for facilities providing “personal wireless services” may be created without meeting minimum zoning district’s size, dimension or density standards. A notice shall be placed on the face of the survey map stating:

This personal wireless communication tract is created solely for purposes of wireless communication facilities. Any subsequent conveyance of this property for purposes other than the approved use shall comply with the provisions of this Title.

(Ord. 6-2017 § 2(C) (Exh. 1) (part), 2017: Ord. 8-2015 § 2 (Exh. 4) (part), 2015; Ord. 7-2013 § 1 (Exh. A) (part), 2015).