Chapter 21.04 SHORT SUBDIVISIONS

Chapter 21.04
SHORT SUBDIVISIONS

Sections:

21.04.010 Purpose.

21.04.020 Requirement to obtain short subdivision approval.

21.04.030 Short subdivision procedure.

21.04.040 Restriction of further division.

21.04.050 Development requirements.

21.04.060 Roads.

21.04.070 Public dedications.

21.04.080 Easements.

21.04.090 Water supply.

21.04.100 Sewage disposal.

21.04.110 Fire protection.

21.04.120 Short subdivision vacation and alteration.

21.04.130 Land survey.

21.04.140 Security.

21.04.150 Requirements for a fully completed application for short subdivisions.

21.04.160 Final review and submittal.

21.04.170 Disclosures and notes.

21.04.180 Agricultural short plat.

21.04.010 Purpose.

The purpose of a short plat is to provide an abbreviated platting procedure. The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of short subdivisions. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.020 Requirement to obtain short subdivision approval.

All divisions of land into four or fewer parcels shall require short subdivision approval from Whatcom County unless:

(1) The division is specifically classified as an exemption or boundary line adjustment under Chapter 21.03 WCC; or

(2) The division has received long subdivision approval as required under WCC 21.03.020(4)(g) or 21.04.040; or

(3) The division has received binding site plan approval under Chapters 21.07 and 21.08 WCC. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.030 Short subdivision procedure.

Approval of a short subdivision is normally a two-step process that involves notice of preliminary approval and final approval. Notice of preliminary approval includes initial review of the application to determine if the short plat is acceptable in concept, identification of relevant issues, formulation of appropriate conditions that must be satisfied prior to final approval, and issuance of written findings. Notice of preliminary approval does not authorize selling lots or offering lots for sale. Final approval includes resolution of all issues, satisfaction of the conditions outlined in the notice of preliminary approval, preparation of a survey, construction of required improvements (or posting securities for these improvements), and filing an original drawing with the county auditor. Lots may be sold or offered for sale only after the original drawing is filed for record with the county auditor. The notice of preliminary approval and final approval processes may be combined into a single process if all the information required by WCC 21.04.150 and 21.04.160 is submitted simultaneously.

(1) Notice of Preliminary Approval.

(a) Any applicant requesting approval of a proposed short subdivision as defined in this title shall submit to the planning and development services department copies of the items required in WCC 21.04.150, together with a complete application form and the prescribed fee.

(b) Within 10 working days of receiving a properly prepared and complete application, the county shall schedule and notify the applicant, appropriate county staff, and the appropriate city, if the proposed land division is located within that city’s urban growth area, of the time and place of the technical review committee meeting at which the application will be considered. The county shall also distribute application materials to appropriate county and city staff within 10 working days of receiving a complete application. The technical review committee shall meet in public session, hold an informal hearing, consider the proposed short subdivision and make a recommendation to the director. The director may waive the requirement for the technical review committee meeting if all issues can adequately be addressed without such a meeting.

(c) Whenever a short subdivision is located adjacent to the right-of-way of a state highway or will depend on access from a state highway, the administrative official shall give written notice of the application to the Washington State Department of Transportation within 10 working days of receiving a properly prepared and complete application. This written notice shall include a legal description of the short subdivision and a location map.

(d) The administrative official shall notify and provide copies of project plans to any and all private or public utility organizations whose facilities are within or adjacent from the area presented in the application within 10 working days of receiving a properly prepared and complete application. Such utility organizations shall have 14 calendar days to respond. If there is no response within 14 calendar days, the administrator and technical review committee may conclude their review of the application without such comments.

(e) An applicant may place a short subdivision application, which has not yet received a notice of preliminary approval, on hold for a cumulative maximum of two years. After the two years, the county shall continue processing the application and either approve or deny the application. This two-year period shall not include time the applicant is performing studies required by the county when the study is provided within the time frame agreed to by the county and the applicant.

(f) The director shall, within 30 calendar days of the date of submittal of a complete application, issue a notice of preliminary approval, issue a notice of requirements to continue processing, or deny the application.

(g) Preliminary approval of a short subdivision shall be accompanied by written findings by the county that:

(i) Appropriate provisions have been made for the public health, safety, and general welfare and for such drainage ways, stormwater management, streets or roads, potable water supplies, sanitary wastes, and sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school, and the public use and interest will be served by the platting of such short subdivision and dedication; and

(ii) The short subdivision is in conformity with applicable land division, zoning, critical areas, shoreline management, and other land use regulations.

(2) Final Approval.

(a) The applicant shall submit the original drawing signed by the owner(s) within five years of receiving the notice of preliminary approval. The director may grant a one-year extension upon the request of the applicant, if the applicant agrees to comply with Whatcom County Development Standards in effect at the time of the extension request. If the applicant fails to submit the original drawing within these time frames, the county shall proceed to deny final approval of the short subdivision.

(b) The applicant shall submit a current title report, issued no more than 60 calendar days prior to the director signing the original drawing of the short plat. The owner of record and the surveyor of record shall sign the original drawing of the short plat prior to filing it for record with the county auditor. The original drawing shall include a statement that the short subdivision has been made with the free consent of and in accordance with the desire of the land owner(s).

(c) When all requirements of the notice of preliminary approval, applicable laws, applicable regulations, and applicable development standards are satisfied and an original drawing for recording has been submitted, the director shall sign the original drawing of the short plat within 20 working days. If right-of-way is dedicated, the county engineer shall also sign the original drawing, accepting the dedication. The surveyor of record shall then immediately file said original drawing with the county auditor, at which point it shall be deemed “approved.” (Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056 § 1).

21.04.040 Restriction of further division.

Land in short subdivisions may not be further divided in any manner within a period of five years except through the long subdivision process which requires the filing of a final plat or through binding site plan process which requires the filing of a general and specific binding site plan. However, if the short subdivision contains fewer than four parcels, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short subdivision boundaries. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.050 Development requirements.

(1) All short subdivisions shall comply with the applicable standards, requirements and procedures of the Whatcom County Development Standards and local, state, and federal laws and regulations. The county, to the extent practicable, will require new land divisions located within city urban growth areas to conform to city development standards, in accordance with adopted interlocal agreements.

(2) Improvements are required to be installed and completed by the subdivider prior to final short plat approval, unless security is provided under WCC 21.04.140. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.060 Roads.

Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served.

(1) Dedications for the realignment and widening of the rights-of-way, in accordance with county standards, shall take place whenever a short subdivision abuts a county road. Frontage roads or parallel access roads may be required to eliminate direct access to arterial and collector roads.

(2) Frontage improvements to the public roadway(s) adjacent to the subject property shall be completed to the current functional classification prior to recording the short plat, unless security is provided under WCC 21.04.140.

(3) Roads and access easements that serve a short plat shall be constructed in compliance with the Whatcom County Development Standards. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.070 Public dedications.

The dedication of public road rights-of-way and/or easements within the short subdivision may be required to the extent that such dedication is suitable to and reasonable for the needs anticipated by full development of the short subdivision. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.080 Easements.

(1) Easements shall be provided where applicable for development related facilities.

(2) All easements shown on short plats shall include:

(a) The beneficiary of the easement;

(b) The purpose of the easement; and

(3) The owner may specify the burdening of the easement. Examples of burdening may include the average daily trips for ingress and egress easements, the equivalent single-family units for water, sewer, and on-site sewage disposal systems and the maximum peak flow rate expressed in accepted units for drainage easements. The owners of the subservient estates are not entitled to rely upon the county to enforce the limitations of the easements so granted, and no cause of action shall lie against the county for errors or omissions occurring in connection with the administration of, or issuance of, permits for development of properties that burden the easements referred to herein. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.090 Water supply.

(1) Water from a public water system(s) shall be provided to serve each lot in a short plat, except as specified in subsection (2) of this section.

(2) For a residential short subdivision, private water supplies may be utilized under the following circumstances:

(a) All lots served by the private water supplies are five acres or larger, unless smaller because of clustering. If the lots are smaller because of clustering, the gross density of the short subdivision shall not exceed one dwelling per five acres; and

(b) The withdrawal is not from a defined portion of an aquifer of known regional ground water contamination that exceeds state standards and that has been identified by the director of the health department and confirmed by the board of health; and

(d) If the short subdivision is within the designated water service area of a public water purveyor that is shown on the Coordinated Water System Plan map or within one-half mile of an existing water purveyor’s water lines:

(i) The water cannot be provided to the applicant within 120 calendar days of submitting a written request and applicable fees to the purveyor unless specified otherwise by the hearing examiner or county council; or

(ii) The purveyor states in writing that it is unable or unwilling to provide the service; or

(iii) The purveyor and applicant are unable to achieve an agreement on the schedule and terms of provision of service within 120 calendar days.

(3) If a public water supply is required, all the requirements of Chapter 246-290 WAC, Group A Public Water Systems, or Chapter 246-291 WAC, Group B Public Water Systems, must be met prior to final plat approval. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.100 Sewage disposal.

(1) Within urban growth areas, public sewer shall be required in short subdivisions unless the on-site sewage disposal requirements of WCC 24.05.220, Developments, subdivisions, and minimum land area requirements, can be met.

(2) Outside of urban growth area and small town Comprehensive Plan designations, short subdivisions shall not be approved that require extension or expansion of public sewer except when:

(a) Public sewer is necessary to protect the public health, safety or environment; and

(b) Public sewer is financially supportable at rural densities and does not permit urban development.

(3) On-site sewage disposal systems shall meet the requirements of WCC 24.05.220, Developments, subdivisions, and minimum land area requirements.

(4) All portions of a community on-site sewage system that are held in common ownership shall be constructed and approved prior to final short plat approval. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.110 Fire protection.

Short subdivisions shall incorporate adequate capability for fire protection in accordance with sound engineering practices and locally adopted codes and development standards and shall be approved by the county fire marshal. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.120 Short subdivision vacation and alteration.

Applications to vacate or alter short plats that have been filed with the county auditor shall be processed as follows:

(1) Affidavit of Minor Correction of Survey. A professional land surveyor may file an “affidavit of minor correction of survey” pursuant to WAC 332-130-050 to correct minor survey, spelling, mathematical or drafting errors or omitted signatures. The surveyor shall file the “affidavit of minor correction of survey” with the county auditor and provide one copy to the division of engineering and one copy to planning and development services.

(2) Boundary Line Adjustments. Boundary line adjustments are processed under WCC 21.03.060 and are not subject to the provisions of this section, except for such adjustments that alter the boundaries of a reserve tract in the short plat.

(3) Minor Alterations. The director shall approve, deny or issue a notice of requirements to continue processing a minor alteration within 21 calendar days of submittal of a complete application.

(a) In order to qualify as a minor alteration, the proposal must:

(i) Modify the text, maps or other information shown on the short plat that was filed for record with the county auditor;

(ii) Maintain the density, uses and basic design of the approved short plat;

(iii) Not adversely impact public health, public safety, shorelines or critical areas; and

(iv) Not eliminate a public dedication or reduce the width or length of a public dedication.

(b) The application shall include a written description of the alteration, the reasons for the alteration, and a map drawn to scale showing the alteration.

(c) The county shall distribute application materials to appropriate county and city staff within five working days of receiving a complete application.

(d) The technical review committee shall meet in public session to consider the proposed minor alteration and make a recommendation to the director. The director may waive the requirement for the technical review committee meeting if all issues can adequately be addressed without such a meeting.

(e) The director shall approve the alteration if the alteration:

(i) Does not conflict with the public interest; and

(ii) Complies with zoning, land division regulations and development regulations applicable to the alteration that are in effect at the time the application for the alteration was submitted; and

(iii) Complies with development standards applicable to the alteration that are in effect at the time the application for the alteration was submitted.

(f) An “affidavit of minor short plat alteration” containing the signatures of all parties having an ownership interest in the short plat or the portion of the short plat being altered shall be filed for record with the county auditor. If the minor alteration involves survey data, the surveyor who signed the original short plat shall file the alteration with the county auditor. The applicant shall provide one copy of the recorded affidavit to the division of engineering and one copy to planning and development services.

(g) Minor alterations do not require a new original drawing.

(4) Major Alterations. The director shall approve, deny or issue a notice of requirements to continue processing a major alteration that does not eliminate or reduce the width or length of a public dedication within 30 calendar days of submittal of a complete application.

(a) Major alterations are modifications to text, maps or other information shown on the short plat that:

(i) May adversely impact public health, public safety, shorelines or critical areas;

(ii) Change the density, modify the uses, or alter the basic design of the short plat;

(iii) Create an additional lot(s) to a maximum of four within the short plat pursuant to WCC 21.04.040;

(iv) Add eligibility for an accessory dwelling unit(s) within the short plat;

(v) Modify reserve tract boundaries;

(vi) Modify reserve tract or cluster notes; or

(vii) Modify or extinguish an easement shown on the face of the short plat.

(b) The application shall include a written description of the alteration, the reasons for the alteration, and a map showing the alteration. The map shall be prepared in accordance with the requirements of WCC 21.04.150(2), unless waived by the director.

(c) The county shall distribute application materials to appropriate county and city staff within 10 working days of receiving a complete application.

(d) The technical review committee shall meet in public session to consider the proposed major alteration and make a recommendation to the director. The director may waive the requirement for the technical review committee meeting if all issues can adequately be addressed without such a meeting.

(e) The director shall approve the alteration if the alteration:

(i) Does not conflict with the public interest; and

(ii) Complies with zoning, land division regulations and development regulations applicable to the alteration that are in effect at the time the application for the alteration was submitted; and

(iii) Complies with development standards applicable to the alteration that are in effect at the time the application for the alteration was submitted.

(f) Major alterations require a new original drawing. The original drawing shall be prepared in accordance with the requirements of WCC 21.04.160, unless waived by the director, and filed for record with the county auditor.

(5) Vacations – Not Involving Public Dedications. The director shall approve, deny or issue a notice of requirements to continue processing a vacation of a short plat that does not eliminate or reduce the width or length of a public dedication within 30 calendar days of submittal of a complete application.

(a) The application shall include a written description of the vacation, the reasons for the vacation, and a map showing the vacation.

(b) The director shall approve the vacation if he finds that it does not conflict with the public interest.

(c) An order of vacation containing the signatures of all parties having an ownership interest in the short plat or the portion of the short plat being vacated shall be filed for record with the county auditor. The order shall state that the vacation is with the free consent and in accordance with the desires of the owners.

(d) Title to the vacated property shall vest with the rightful owner(s) as shown in the county records.

(6) Vacations – Involving Public Dedications. The vacation and alteration of a short subdivision shall be processed in accordance with RCW 58.17.212 and 58.17.215 respectively when the alteration or vacation eliminates or reduces the width or length of a public dedication. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.130 Land survey.

The subdivider shall submit a short plat prepared and certified by a professional land surveyor in accordance with WCC 21.09.010. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.140 Security.

As an alternate to complete installation of required improvements, the subdivider may elect to post securities, with the approval of the appropriate county authority, as set forth in the Whatcom County Development Standards guaranteeing completion of the work. No occupancy permit, final inspection, or use of the lot(s) created by a short subdivision shall be issued or allowed until all necessary infrastructure improvements as specified by this title have been met. (Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.150 Requirements for a fully completed application for short subdivisions.

Requirements for a fully completed application must be provided in order to vest an application.

(1) Written and Other Data and Fees.

• Name, address and phone number of owner(s), applicant, and contact person.

• Intended uses.

• List of variances and waivers requested.

• General written proposal of water supply and sewage disposal method.

• Preliminary drainage proposal.

• Preliminary traffic analysis.

• Assessor’s parcel number (of the parent parcel).

• Fees as specified in the Unified Fee Schedule.

(2) Map Data.

• Name of owner(s).

• Name of proposed land division.

• General layout of proposed land division.

• Common language description of the general location of the land division.

• Approximate locations of existing roads, utilities, and infrastructure.

• Vicinity map.

• Six copies of proposed short plat map with a common engineering scale with north arrow and sheet numbers (on each sheet containing a map).

• Section, township, range and municipal and county lines in the vicinity.

• General boundaries of the site with general dimensions shown.

• General direction and degree of slope.

• Legal description of the land.

• Means of proposed water service and sewage disposal.

• Means of proposed access (including proposed improvements to on-site and off-site roadways).

• Other proposed on-site and off-site utilities and facilities.

• Location of existing roads, rights-of-way, buildings, parking, and drainage on-site or contiguous to the site.

• Where appropriate, location of natural features, including bodies of water, natural drainage areas, critical areas, and buffers.

• Location of existing facilities, sanitation and water facilities, easements (where appropriate).

• Existing and proposed street names.

• Names or numbers of any adjacent divisions.

• Sequential numbers or letters to all lots within the short subdivision.

(Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.160 Final review and submittal.

Final review and submittal items are not required to vest an application.

(1) Review Submittal.

• Six copies of the original drawing of acceptable sizes (18′′ x 24′′).

• Name of short subdivision.

• Legal description of the land.

• Common engineering scale, north arrow, and sheet numbers.

• Date of original and significant revisions.

• The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field.

• The location, width, centerline, and name of all roads within and adjoining the land division.

• Final survey of boundary of the land division with complete bearings and lineal dimensions.

• The location of all monuments or other evidence used as ties to establish the land division’s boundaries.

• The location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the land division.

• The length and bearing of all straight lines, the radii, arcs and semi-tangents of all curves.

• The location and width of all easements, shown with broken lines, and a description of the purpose of the easement (including beneficiary).

• Existing and proposed road names.

• The location of all permanent wells and associated protective zones, municipal boundaries, section lines, township lines, and meander lines.

• A reference to any covenants or restrictions (two copies for county review).

• Signature block for persons with ownership interest (declaration) and dedication block, if appropriate.

• Land surveyor’s certificate.

• County engineer certificate (if a rights-of-way dedication is made).

• Director of planning and development services’ certificate.

• County auditor’s certificate.

• Title report.

• Letter from the health and human services department approving water supply and sewage disposal method.

• Lot closures.

• A separate map scaled at 1′′ = 400′ for the assignment of addresses.

(2) Final Submittal.

• Original drawing (in reproducible format) with executed signature block of persons with ownership interest.

• Title report update or copy of title report issued no more than 60 calendar days prior to the director signing the original drawing.

• Addresses as assigned by the county.

The above sections can be combined into one submittal if the applicant so chooses.

(Ord. 2004-031 § 1; Ord. 2000-056 § 1).

21.04.170 Disclosures and notes.

The following disclosures and notes, if applicable, shall be recorded in the county auditor’s office and a statement identifying the subject and the auditor’s file number for each such instrument shall be on the final short plat map under surveyor’s notes prior to final approval by the county:

• Right to farm, right to practice forestry, mineral resource disclosures.

• Critical area notes.

• Boundary discrepancies.

• Protective covenants, conditions and restrictions.

• Drainage maintenance agreement block.

• Road maintenance agreement block (private roads only).

• Latecomers’ agreements.

• Significant pipeline in vicinity disclosure when the subject property is within 660 feet of a pipeline shown on Map 12, Chapter 5 of the Whatcom County Comprehensive Plan.

(Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056 § 1).

21.04.180 Agricultural short plat.

The provisions of WCC 20.40.252(1) provide for the segregation of a farmstead parcel with an existing residence(s) off of a remainder parcel used for farming in the agriculture zone. The remainder parcel is restricted to agricultural use only. Because no further residential development can occur on the remainder parcel and an existing residential structure is already on the farmstead parcel, many of the standard short plat requirements are unnecessary. Therefore, a shortened review process has been established.

Agricultural short plats that qualify under WCC 20.40.252(1) shall be subject to the following:

(1) Agricultural short plats shall be processed pursuant to all the requirements of this chapter except that the short plat will not be reviewed for compliance with:

(a) WCC 21.04.060 (Roads);

(b) WCC 21.04.090 (Water supply), when the remainder parcel will not require potable water;

(d) WCC 21.04.130 (Land survey);

(e) WCC 21.01.150 (Boundary discrepancies);

(f) Chapter 16.16 WCC (Critical Areas); and

(g) Shoreline master program.

(2) Any subsequent development must comply with all applicable codes.

(3) Survey Requirements – Partial.

(a) A survey, prepared by a professional land survey in accordance with WCC 21.09.010 and 21.09.020, which provides the location of at least two corners of the farmstead parcel shall be submitted. A survey is not required for the remainder parcel that cannot have further residential development. (Ord. 2004-031 § 1).