Chapter 21.05
PRELIMINARY LONG SUBDIVISIONS

Sections:

21.05.010    Purpose.

21.05.020    Requirement to obtain long subdivision approval.

21.05.030    Subdivision procedure.

21.05.040    Development requirements.

21.05.050    Roads.

21.05.060    Public and community sites.

21.05.070    Easements.

21.05.080    Water supply.

21.05.090    Sewage disposal.

21.05.100    Fire protection.

21.05.110    Modifications to approved preliminary long plats.

21.05.120    Requirements for a fully completed application for preliminary long subdivisions.

21.05.130    Additional information for preliminary long subdivisions.

21.05.010 Purpose.

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

21.05.020 Requirement to obtain long subdivision approval.

All divisions of land into five or more parcels shall require long 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 binding site plan approval under Chapters 21.07 and 21.08 WCC. (Ord. 2000-056 § 1).

21.05.030 Subdivision procedure.

(1) Preliminary Approval of Subdivision Plans.

(a) The applicant seeking preliminary subdivision approval shall submit to the administrative official copies of the materials stipulated in WCC 21.05.120.

(b) Upon receipt of a complete application and the payment of fees, the department of planning and development services shall:

(i) Provide notification in accordance with WCC 2.33.060;

(ii) Notify those agencies required by RCW 58.17.080;

(iii) Notify and provide copies of project plans to a city when the subdivision is within that city’s urban growth area, agencies potentially having jurisdiction relevant to the application, and public or private utility organizations if within 660 feet (one-eighth mile) to the area submitted in the application. Such cities, agencies, and utility organizations shall be given 15 calendar days to respond. If they do not respond within 15 days, the administrator, SEPA official and technical review committee may conclude their review of the application without such comments.

(c) Upon review of the application the county shall schedule and immediately notify the applicant 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.

(d) Before the technical review committee meeting, the county shall review the application and prepare preliminary recommendations for:

(i) Staff recommendation and proposed county conditions of approval for the project if applicable;

(ii) Any additional data required to complete the review of the application; and

(iii) Appropriate time extensions required allowing the applicant to provide additional information.

(e) At the technical review committee meeting, members of the technical review committee shall present and discuss the county’s preliminary findings with the applicant. These findings shall include county recommendations and proposed county conditions of approval.

The technical review committee shall also provide the applicant with a written request detailing (i) any additional data or information required, (ii) why such data is required, and (iii) proposed time extensions to allow the applicant to revise the application or collect additional data.

Should the applicant object to either the substance or timing of requirements for additional information, the applicant may appeal these requests to the Whatcom County hearing examiner. This appeal must be made within 14 calendar days of the technical review committee meeting or all information requests shall be binding.

(f) Within 14 calendar days after the technical review committee meeting (or within 14 calendar days of receiving requested information from the applicant), the technical review committee shall prepare a final staff report (including all recommendations and all proposed conditions of approval) and submit it in written form to both the applicant and the Whatcom County hearing examiner.

(g) The hearing examiner shall schedule and hold an open record hearing, review the application and make a decision or recommendation, as appropriate, in accordance with the provisions of Chapter 20.92 WCC.

(h) Approval of a preliminary long subdivision shall be accompanied by written findings of fact and conclusions that:

(i) Appropriate provisions have been made for the public health, safety, and general welfare and for such open spaces, drainage ways, stormwater management, streets or roads, pedestrian and bicycle paths, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and 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 the public use and interest will be served by the platting of such subdivision and dedication; and

(ii) The proposal is in conformity with the Whatcom County Comprehensive Plan, applicable land division, zoning, critical areas, shoreline management, other land use regulations, and Chapter 58.17 RCW.

(2) Within 30 calendar days of preliminary long subdivision approval, the applicant shall submit four copies of a revised preliminary plat depicting modifications to the layout of lots, roads, open space, or any other geometrical changes to the plat that were required by conditions of approval of the preliminary plat. The hearing examiner shall review the revised preliminary plat and, if it complies with the terms of preliminary plat approval, the hearing examiner, property owner and surveyor shall sign the four copies of the revised preliminary plat. Once signed, one copy of the revised preliminary plat shall be given to the applicant, one copy shall be retained in the file of the hearing examiner, one copy shall be retained in the file of planning and development services, and one copy shall be retained in the file of the division of engineering.

(3) Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing. All subdivision proposals accompanied by a major project permit or planned unit development application will be processed in a procedure consistent with and subordinate to the major project permit or planned unit development requirements.

(4) An applicant may place a preliminary long subdivision application, which has not yet been approved, 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.

(5) Expiration and Time Extensions for Preliminary Plats.

(a) Approval of a preliminary subdivision shall become invalid unless a final plat is submitted in proper form for final plat approval within five years of the date of preliminary subdivision approval. This expiration date may be extended as follows:

(i) An applicant files a written request with the Whatcom County council prior to expiration of the five-year expiration period.

(ii) The Whatcom County council shall have authority to grant three one-year extensions subsequent to the original preliminary plat approval. Each one-year extension may be granted if after taking into consideration technical, economic and other matters beyond the control of the applicant the council finds that there is reasonable justification for the granting of an extension. In granting each one-year extension the council may take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. The council may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, or development standards, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. Requests for extension shall be made in writing to the Whatcom County council prior to expiration of preliminary long subdivision approval.

(b) As an alternative to being subject to the expiration and time extension rules in subsection (5)(a) of this section, an applicant may seek approval of a phasing plan at the time of preliminary subdivision approval. A preliminary subdivision that has been approved with a phasing plan shall expire 10 years from the date of preliminary approval unless Whatcom County establishes a different expiration period at the time of preliminary approval. Each phase submitted after five years from the date of preliminary approval shall comply with the Whatcom County Development Standards in effect as of the date construction plans are submitted for each phase. (Ord. 2004-031 § 1; Ord. 2002-017 § 1; Ord. 2000-056 § 1).

21.05.040 Development requirements.

(1) All 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 subdivision approval, unless security is provided under WCC 21.06.040.

(3) Improvements and other requirements shall be provided to the extent that each phased subdivision will be adequately served by all roads, utilities, drainage facilities, easements and other amenities necessary to its existence in the event that subsequent phases are not completed. (Ord. 2000-056 § 1).

21.05.050 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 adjacent rights-of-way, in accordance with county standards, shall take place whenever a 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 final plat, unless security is provided under WCC 21.06.040.

(3) Minor and local access roads should discourage through traffic.

(4) All subdivisions and phased subdivisions shall abut and be accessed by a constructed and maintained public road or a private road as allowed under the Whatcom County Development Standards. The number of access points shall create efficient on- and off-site circulation patterns and facilitate emergency response. A traffic analysis may be required by the county engineer in order to analyze present and future traffic circulation patterns to determine the appropriate location and number of access points to the site and to ascertain the appropriate classification and character of the proposed roads.

(5) Where reasonably necessary to join with existing roads or needed for future circulation, road rights-of-way and/or easements shall be extended to the outside boundaries of the subdivision.

(6) Public road rights-of-way and/or easements shall be extended to the boundaries of subdivisions that abut public lands and public bodies of water, if requested by the administrator of said public lands. Such access roads need not be provided at an interval more frequent than one-half mile.

(7) Private roads may be permitted in a subdivision when in compliance with the Whatcom County Development Standards. (Ord. 2000-056 § 1).

21.05.060 Public and community sites.

The dedication of sites for schools, parks, and other public or community purposes may be required to the extent that such dedication is suitable to and reasonable for the needs anticipated by full development of the subdivision. Dedicated school sites must meet the requirements of Chapter 246-366 WAC. (Ord. 2000-056 § 1).

21.05.070 Easements.

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

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

(a) The beneficiary of the easement;

(b) The purpose of the easement; and

(c) A clear depiction of the easement (including dimensions) on the face of the long plat.

(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. 2000-056 § 1).

21.05.080 Water supply.

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

(2) For a residential subdivision with six or fewer residences, 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 subdivision shall not exceed one dwelling per five acres and the number of clustered lots shall not exceed four; 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

(c) The water source is ground water and not surface water; and

(d) If the 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) The applicant shall demonstrate that adequate water right(s) exist to serve the subdivision, except when water withdrawal is exempt from obtaining a water right permit under RCW 90.44.050.

(4) If a group B public water system is created to serve the subdivision, the number of wells shall be limited to the minimum needed to serve the water needs of the subdivision as determined by the health department.

(5) 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).

21.05.090 Sewage disposal.

(1) Within urban growth areas, public sewer shall be required in 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, 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 plat approval. (Ord. 2000-056 § 1).

21.05.100 Fire protection.

Long 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. 2000-056 § 1).

21.05.110 Modifications to approved preliminary long plats.

(1) The technical review committee may approve minor changes to a preliminary long plat. In order to qualify as a minor change, the proposal must not adversely impact neighbors or the environment, and the density, uses and basic design of the approved preliminary long plat must be maintained.

(2) The hearing examiner or county council, whichever approved the original preliminary long plat, may approve major changes to the plat. Major changes are those that, in the opinion of the technical review committee, would adversely impact neighbors or the environment, alter the density, alter the uses, or alter the basic design of the preliminary long plat. The SEPA official shall review major changes and determine whether the original SEPA determination is still valid or a new determination required. The hearing examiner or county council shall hold a public hearing prior to issuing the decision. The appropriate city shall be notified of the request and given the opportunity to comment on major changes, if the land division is located within that city’s urban growth area. (Ord. 2000-056 § 1).

21.05.120 Requirements for a fully completed application for preliminary long subdivisions.

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

(1) Written and Other Data and Fees.

•    Seven copies of written data.

•    Completed application form.

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

•    The names, addresses and telephone numbers of the involved engineers, surveyors, and consultants.

•    Intended uses.

•    List of variances and waivers requested.

•    Names and addresses of all persons, firms, and corporations holding legal interests in the land, such as easements, of which the applicant has knowledge.

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

•    List of names and addresses of owners of property within 300′ of site’s boundaries (based on the latest assessor’s equalized tax roll), together with corresponding parcel numbers and assessor’s parcel map.

•    Proposed covenants, conditions, and restrictions (CC&Rs).

•    SEPA checklist.

•    Preliminary stormwater proposal, preliminary traffic analysis, utility, critical area study, and soils reports, as specified in the applicable development standards. All reports shall be certified by qualified professionals experienced in the applicable field of science.

•    Brief statement covering the number of lots, proposed uses of lots, method of water supply and sewage disposal, approximate road length, total acreage, percentage of total acreage used for roads, lots, open space and other uses, and average lot size and number of lots per gross acre.

•    Fees as specified in the Unified Fee Schedule.

(2) Map Data.

•    Acceptable map size is 24′′ x 24′′ to 24′′ x 36′′.

•    Seven map copies of map proposal.

•    Date of revisions, if any.

•    Name of owner.

•    Name, address, and telephone number of the surveyor or consultant preparing the map proposal.

•    Name of proposed land division.

•    Names or numbers of any adjacent divisions.

•    General layout of proposed land division.

•    Approximate locations of existing utilities, infrastructure, roads, drainage and rights-of-way within 300′ of the boundary of the proposed land division.

•    Vicinity map at a scale not less than 1′′ = 2000′.

•    Common engineering scale (1′′ = 100′ or larger), sheet numbers, and north arrow.

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

•    Location of monuments and fences located by any boundary survey and the date of the survey.

•    General boundaries of the site with general dimensions shown, perimeter boundary marked with a bold line.

•    Legal description of the land being subdivided.

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

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

•    The location and widths of all proposed roads, rights-of-way, and easements.

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

•    Location of buildings, and parking on-site or contiguous to the site.

•    General location of existing and proposed facilities, sanitation, and water facilities, easements (where appropriate), landscaping, common areas, and phasing boundaries.

•    General plans of proposed water distribution systems, sewage disposal systems, and drainage systems. The plans shall include system location and sizes, sources of water supply, location and size of storage reservoirs, location of drainage outlet, and other major features and shall be certified by a professional engineer.

•    Layout of proposed alleys, walkways, bicycle paths, and parcels to be dedicated or reserved for school, park, playground, well site or other use.

•    Sequential numbers to all lots within subdivision and identify proposed phases.

•    Base flood elevation, where applicable.

(Ord. 2000-056 § 1).

21.05.130 Additional information for preliminary long subdivisions.

Additional information is not required for vesting, but is required prior to county processing of the application.

•    Title report.

•    Written verification, as applicable, from agencies attesting to the availability of:

¸    Water supply.

¸    Sewage disposal.

¸    Fire protection service.

¸    Public school system.

•    Code compliance checklist for WCC Title 20 and this title, on a form provided by the county, including:

¸    Project area.

¸    Area in lots, square feet, and percentage of total.

¸    Zoning designation and zone density.

¸    Number of lots.

¸    Average lot size, area, and maximum lot size.

¸    Area of streets, area in right-of-way, and percentage of total.

¸    Area of parks, open space, and percentage of total.

¸    Area of impervious surface proposed.

¸    Soil types and classifications.

¸    Utility service types and name of provider.

¸    School and fire district.

•    Boundary survey, prepared and certified by a professional land surveyor.

•    Additional reports, as required, prepared by qualified professionals may include the following:

¸    Traffic study.

¸    Stormwater design report.

¸    Soils and/or geological report.

¸    Wetlands delineation and/or report.

¸    Soil testing results for pesticides for subdivisions on land historically used for raising row crops.

•    Topographic map of sufficient contour interval, acceptable to the county engineer or director of planning and development services, or his/her designee, to show the topography of the land to be subdivided.

(Ord. 2000-056 § 1).