Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Applicability.

16.04.015    Purpose.

16.04.020    Exemptions.

16.04.030    Definitions.

16.04.040    Administration.

16.04.060    Lot numbering and house address system.

16.04.010 Applicability.

Every subdivision of land within the unincorporated area of the county shall proceed in compliance with this title. This title shall be known as the “Adams County subdivision regulations.” (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 1)

16.04.015 Purpose.

The purpose of this title is to regulate the division of land within unincorporated Adams County and to implement the goals and policies of the Adams County comprehensive plan. This title is also to further the purpose of promoting the health, safety, convenience, comfort, prosperity, and general welfare of the present and future inhabitants of Adams County, and to:

A.    Prevent the overcrowding of land.

B.    Lessen congestion and promote safe and convenient travel by the public on roads and highways.

C.    Promote the effective use of land.

D.    Facilitate adequate provision for water, sewerage, drainage, parks and recreational areas, and other public requirements.

E.    Require uniform monumenting of land divisions and conveyance by accurate legal descriptions.

F.    Comply with the provisions established in RCW Chapter 58.17.

G.    Provide predictability so that landowners can make appropriate and reasonable use of their land. (Ord. O-01-24 § 1 (Exh. A))

16.04.020 Exemptions.

The provisions of this title shall not apply to:

A.    Any division of land made solely to create a cemetery or burial plot while used for that purpose.

B.    Any division of land made by testamentary provision, or the laws of descent, or upon court order.

C.    Any division of land not containing a dedication, in which the smallest lot, parcel or tract created as a result of the division exceeds twenty acres in area; provided, that any lot, parcel or tract shall not be further divided for a period of five years in such manner as to yield any lot, parcel or tract less than twenty acres, unless such lot, parcel or tract is recorded as a plat or short plat consistent with the Adams County Code.

D.    Any division of land made solely to create a parcel, lot, or tract for gift, sale, or lease to a county, city, town or other municipal corporation or governmental subdivision of the state.

E.    A division of land within the Columbia Basin Project irrigation blocks for a fractional part of a farm unit, whereby transfer of land between two or more parties is necessary to improve or complete the irrigation system. These fractional parts of land will be designated as agricultural segregations by the assessor’s office, recorded in the auditor’s office, and will not be considered as building lots. If any parcel created for this purpose is later offered for sale or lease as a building lot, no building permits will be issued until provisions of the short plat ordinance are met.

F.    A division for the purpose of lease, when no residential structures are permitted on the land.

G.    All land leases for agricultural purposes.

H.    A segregation of a building site requested by either the mortgagee or mortgagor at the time of conveyance to the mortgagee in lieu of foreclosure or foreclosure of mortgage. This exemption does not waive any requirements for subdivision should division or sale or transfer of the remaining property be desired.

I.    The segregation of land for tax identification and classification purposes where neither parcel may be developed, sold or conveyed separately from the other.

J.    Any division of land meeting an exemption criterion in RCW 58.17.040. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 2)

16.04.030 Definitions.

Whenever the following words and phrases appear in this title they shall be given the meaning attributed to them by this section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. The word “shall” is always mandatory, and the word “may” indicates a use of discretion in making a decision.

“Alley” is a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public or private road.

“Binding site plan” means a drawing to a scale specified by the county building and planning director which:

1.    Identifies and shows the areas and locations of all streets, roads, existing improvements, utilities, open spaces, and any other matters specified by the zoning ordinances; and

2.    Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the county zoning title.

“Block” is a group of lots, tracts or parcels within well defined and fixed boundaries.

“Board” is the legislative authority of the county (the board of county commissioners).

“Boundary line adjustment” means the relocation of the boundaries between two or more lots, which relocation does not result in the creation of any additional lot or lots.

“Comprehensive plan” is the current comprehensive plan of the county, adopted by the board pursuant to state law.

“Cul-de-sac” is a road closed at one end by a circular area of sufficient size for turning vehicles around.

“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, acceptance by the public shall be evidenced by the approval of such plat for filing in a manner provided in this chapter.

“Developer” means any person, firm, or corporation that prepares property for development, including, but not limited to, the subdivision of land or property boundary adjustments, installation of infrastructure, and/or other site work required on a site in order for the property to be “build ready.” This definition includes parties that handle all aspects of the site development, including the building of structures on the site.

“Division” of land means the creation of two or more lots, parcels or tracts of land, each with a separate legal description.

“Easement” means a right a person, the general public, or governmental agency has to use the land of another for a specific purpose or purposes and on or over which the owner will not erect any permanent improvements which serve to interfere with the free exercise of that right.

“Environmental health standards” are those rules and regulations for the provision of adequate and safe water and sewage treatment facilities which were adopted by the board of health, or as amended.

“Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the Adams County auditor and containing all elements and requirements set forth in RCW Chapter 58.17 and in this title adopted pursuant thereto.

“Frontage” denotes the property line which abuts the principal means of access to the property.

“Further division” means the creation of additional lots, parcels, tracts of land from one or two lots, parcels or tracts of land created by a subdivision.

“Lease,” for the purpose of this title, is a contract between the owner and lessee giving the right to use land for not more than ten years.

“Lot” is a fractional part of subdivided lands having fixed boundaries intended for development, sale, or lease. The term shall also include tracts or parcels, including those for shared uses or easements that do not meet minimum zoning requirements.

“Lot of record” is a lot which is part of a subdivision, the map of which has been recorded in the office of the Adams County auditor or created through other legally acceptable means, or a parcel of land, the deed to which has been recorded in the office of the Adams County auditor prior to the date of the creation of this title.

“Person” means, in addition to its ordinarily understood meaning, any business, corporation, joint stock corporation, or entity capable, under the law of the state, of holding title to real property.

“Planning commission” means the Adams County planning commission.

“Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, roads and alleys or other divisions and dedications.

“Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of RCW Chapter 58.17 and this title.

“Redivision” means the alteration of size or physical location of one or more existing lots, parcels or tracts in an approved subdivision.

“Reserved land” is land that is reserved for future public uses and/or acquisition by a public agency, and shall be left undeveloped other than for the intended public use for a stated period.

“Road” is an improved and maintained public or private right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes and drainage.

“Road—private” is a road intended for the use of one or more private individuals and developed and maintained by those private individuals who benefit from its establishment.

“Road—public” is a county road or state highway established and developed by the proper authorities for the use of the general public, and over which every person has a right to pass and used for all purposes of travel or transportation for which it is established and developed.

“Short plat” means a document consisting of a map of a short subdivision together with written certificates, dedications and data.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.

“Subdivider” is a person, as defined in this section, who undertakes to create a subdivision.

“Subdivision” is the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all redivisions of land.

“Title notice” is a written notice attached to the title of a parcel of land by the county with a recording of said notice of the county auditor’s office per a legal description of said parcel for the purpose of notifying the property owner or future property owner of particular circumstances related to said parcel, such as warning statement(s), limitation(s), restriction(s), or other. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 3)

16.04.040 Administration.

The county building and planning director is vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the county, and may prepare and require the use of such forms as are essential to their administration. (Ord. O-01-24 § 1 (Exh. A); Ord. 77-3 § 4)

16.04.060 Lot numbering and house address system.

A lot numbering system and a house address system shall be required for short subdivisions and subdivisions and must be clearly shown on the short plat or final plat at time of approval. The county shall, through the building and planning department, provide such numbering system. (Ord. O-01-24 § 1 (Exh. A); Ord. O-4-93 § 2)