Chapter 21.01
GENERAL PROVISIONS

Sections:

21.01.010 Title.

21.01.020 Purpose.

21.01.030 Authority.

21.01.040 Applicability.

21.01.050 Interpretation, conflict and severability.

21.01.060 Enforcement and penalties.

21.01.070 Fees.

21.01.080 Administrative responsibilities.

21.01.090 Preapplication review.

21.01.100 Application.

21.01.110 Complete application.

21.01.120 Time frames.

21.01.130 Underground utilities.

21.01.140 Regulatory authority for development standards.

21.01.150 Boundary discrepancies.

21.01.160 City urban growth areas.

21.01.170 Hearing examiner consultation with technical advisory committee.

21.01.010 Title.

This title shall be known and may be cited as the Whatcom County land division regulations. (Ord. 2000-056 § 1).

21.01.020 Purpose.

The purpose of this title is:

(1) To promote the public health, safety, and general welfare, and to protect the environment.

(2) To provide for proper application of Chapter 58.17 RCW.

(3) To facilitate efficient and cost-effective land division and to ensure orderly growth and development consistent with the Whatcom County Comprehensive Plan and the Whatcom County Code.

(4) To establish an orderly transition from existing land uses to urban development patterns in designated urban growth areas. (Ord. 2000-056 § 1).

21.01.030 Authority.

This title is authorized pursuant to the authority delegated to Whatcom County under Chapter 58.17 RCW, Plats – Subdivisions – Dedications. (Ord. 2000-056 § 1).

21.01.040 Applicability.

This title shall apply to all land divisions including boundary line adjustments, short subdivisions, long subdivisions, binding site plans, exemptions and dedications hereafter established in the unincorporated area of Whatcom County.

The following rules shall govern questions of precise applicability of these regulations to land divisions:

(1) All contiguous parcels of land in the same ownership shall be included within the boundaries of any proposed long or short subdivision of any of the properties. For the purpose of this section, the lots so situated shall be considered as one parcel; provided, that any of the contiguous parcels that are within a recorded long or short plat that was filed with the county auditor at least five years prior to the new land division shall not be required to be included if the lot or lots are in conformance with the applicable zoning standards.

(2) Parcels of land legally divided prior to the effective date of the ordinance codified in this title (as originally adopted February 3, 1972) shall be considered in accordance with land division laws and resolutions applicable at the time of plat recording per RCW 58.17.170 or other division.

(3) Parcels of land divided in accordance with any plan for a future subdivision, or in accordance with or by reference to any recorded, unrecorded or vacated plat, shall be construed as comprising parts of a subdivision.

(4) Portions intended for sale or lease shall be considered and counted as lots. (Ord. 2000-056 § 1).

21.01.050 Interpretation, conflict and severability.

(1) In their interpretation and application, the provisions of this title shall be held to be the minimum requirements.

(2) In the event of any discrepancies between the requirements established herein and those contained in any other applicable regulation, code or program, the regulations which are more protective of the public health, safety and welfare shall apply.

(3) The provisions of this title are severable. If a section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this title. (Ord. 2000-056 § 1).

21.01.060 Enforcement and penalties.

Enforcement and penalties shall be applied pursuant to Chapter 21.11 WCC. (Ord. 2000-056 § 1).

21.01.070 Fees.

All application, exemption, appeal, or other fees associated with this title shall be as set forth in the Whatcom County Unified Fee Schedule. (Ord. 2000-056 § 1).

21.01.080 Administrative responsibilities.

The director of the planning and development services department (hereinafter referred to as “director”) is designated as the responsible official for administering the provisions of these land division regulations. The Whatcom County land use division shall act as a coordinating agent to ensure that the regulatory process is expeditious and shall recognize input provided by other officials, departments and divisions having appropriate expertise including, but not limited to, the Whatcom County SEPA official for environmental analysis; Whatcom County engineering for survey, monumentation, engineering design, road, stormwater management, drainage and utility improvements, and the form of plats and binding site plans; the Whatcom County fire marshal for fire-related issues; the Whatcom County health and human services department for water supply and waste disposal; and the Whatcom County planning division for Comprehensive Plan review and general site design. (Ord. 2000-056 § 1).

21.01.090 Preapplication review.

For the purpose of expediting applications and reducing land division and site plan design and development costs, the applicant may request a preapplication conference in accordance with the requirements of WCC 2.33.030. Whatcom County planning and development services staff shall invite the appropriate city to the preapplication meeting if the proposed land division is located within that city’s urban growth area. Additionally, for proposed land divisions within a city’s urban growth area, county staff should recommend that the applicant contact the city prior to the preapplication meeting or, if a preapplication meeting is not held, prior to submittal of the land division application. (Ord. 2000-056 § 1).

21.01.100 Application.

(1) The applicant is encouraged to seek assistance from the administrative official as to which approvals are required. The following applications may be filed:

(a) Exempt land division;

(b) Boundary line (lot line) adjustment;

(c) Short subdivision;

(d) Preliminary long subdivision;

(e) Final long subdivision;

(f) Subdivision vacations and alterations;

(g) Preliminary binding site plan;

(h) General binding site plan;

(i) Specific binding site plan.

(2) For the purpose of expediting applications, the applicant may request consolidated permit review in accordance with the requirements of WCC 2.33.100. (Ord. 2000-056 § 1).

21.01.110 Complete application.

All applications for subdivisions, binding site plans, short subdivisions, boundary line adjustments and other land divisions shall be reviewed for completeness in accordance with WCC 2.33.050. (Ord. 2000-056 § 1).

21.01.120 Time frames.

Applications shall be processed within the time frames stipulated in Chapter 2.33 WCC. (Ord. 2000-056 § 1).

21.01.130 Underground utilities.

All on-site utilities that serve individual lots within a short subdivision, long subdivision or binding site plan shall be placed underground, unless the supplier of the service provides written documentation that underground installation is impractical or the county requests above-ground utilities because of environmental constraints. (Ord. 2000-056 § 1).

21.01.140 Regulatory authority for development standards.

Administrative and technical requirements for implementing these regulations shall be contained in Chapter 4 of the Whatcom County Development Standards. (Ord. 2000-056 § 1).

21.01.150 Boundary discrepancies.

(1) If, in accordance with state law, the land surveyor of record identifies a boundary discrepancy in a proposed short subdivision, preliminary long subdivision, or preliminary binding site plan, then the following shall occur:

(a) The applicant shall mail notice that describes the nature and extent of the boundary discrepancy to all affected property owners within 10 days of submitting the application. A copy of the notice shall be submitted to the Whatcom County division of engineering.

(b) The Whatcom County technical review committee shall, within 10 days of the determination of completeness, determine whether the discrepancy affects any of the following factors:

(i) Gross density; or

(ii) Minimum lot size; or

(iii) Access, drainage or other easements; or

(iv) Reasonable use of the property.

(2) If the Whatcom County technical review committee determines that a boundary discrepancy affects any of the factors listed in subsection (1)(b) of this section, then prior to approval of the land division application, the applicant shall:

(a) Acquire a boundary line agreement in accordance with WCC 21.03.060(1) with the owner of the property that is disputed; or

(b) Obtain a judicial decree, order or judgement rendered by a court of competent jurisdiction resolving the boundary discrepancy.

(3) As an alternative to acquiring a boundary line agreement or judicial decree as set forth in subsection (2) of this section, the applicant may choose to redesign the proposed land division in a manner which does not utilize nor depend upon the area subject to the boundary discrepancy. The boundary discrepancy shall be noted on the face of the final long plat or short plat in accordance with RCW 58.17.255 or on the face of the binding site plan.

(4) The administrative determination that a boundary discrepancy does or does not affect any of the factors listed in subsection (1)(b) of this section may be appealed to the hearing examiner by any party to the determination. The appeal will run concurrently with processing the land division application unless the applicant puts the application on hold. (Ord. 2000-056 § 1).

21.01.160 City urban growth areas.

City development standards shall be addressed, in accordance with adopted interlocal agreements, for land divisions located within a city’s urban growth area. (Ord. 2000-056 § 1).

21.01.170 Hearing examiner consultation with technical advisory committee.

The hearing examiner may choose to consult with the technical advisory committee concerning technical matters relating to land division applications. (Ord. 2000-056 § 1).