Chapter 16.32
SHORT PLATS
Sections:
16.32.040 Minimum size of lots, parcels and tracts.
16.32.120 Submission of application.
16.32.130 Application—Content.
16.32.150 Procedure—Administrative review and determination.
16.32.190 Approval of preliminary short plat application.
16.32.197 Review and approval of final short plat application.
16.32.210 Appeal—Recommendation.
16.32.220 Board action on appeal.
16.32.230 Filing unapproved plats—Prohibited.
16.32.250 Noncompliance—Recovery of damages.
16.32.260 Penalties of noncompliance.
16.32.270 Short plat redivision procedure.
16.32.010 Applicability.
Whenever land within the unincorporated area of the county is divided into four or fewer parcels or tracts for the purpose of sale or lease of any portion of said division, such division shall proceed in compliance with this chapter. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.020 Definitions.
This chapter shall use the definitions set forth in Section 16.04.030, or those found elsewhere in the County Code as needed. (Ord. O-01-24 § 1 (Exh. A); Ord. O-01-04 § 1; Ord. 119-86 (part))
16.32.040 Minimum size of lots, parcels and tracts.
The minimum size of lots, parcels and tracts created by short plats shall be determined by the county zoning title, comprehensive plan, and the requirements of the Adams County environmental health department for on-site sewage disposal systems. Where the ordinance, plans and rules and regulations are in conflict, the more restrictive requirements shall govern. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.120 Submission of application.
A. Any person desiring to divide land situated within an unincorporated area of the county into four or fewer parcels or tracts for the purpose of lease or sale, shall submit an application for short plat approval to the county building and planning director, together with an application fee to be deposited with the county treasurer and credited to the current expense fund.
B. All fees and charges associated with this title are to cover reasonable administrative costs only and shall be set in the building and planning master fee schedule and established by resolution by the board.
C. Subdivision fee rates shall be adjusted periodically to reflect changes in administrative costs. Such adjustments shall only become effective upon adoption by the board of a modification to the building and planning master fee schedule; provided, that the master fee schedule may contain a provision for automatic revision of fees no more often than annually to reflect the varying changes in administrative costs. (Ord. O-01-24 § 1 (Exh. A); Ord. O-05-23 § 2; Ord. 119-86 (part))
16.32.130 Application—Content.
Application for approval of short plat will contain:
A. A reproducible copy of the short plat of the parcel being divided, and drawn to a scale not smaller than one inch equals one hundred feet. It shall also include:
1. The names of owners of adjacent land and the names of any subdivision;
2. Lines marking the boundaries of proposed lots, parcels or tracts;
3. Access easements for all proposed lots, parcels or tracts where required;
B. The legal description of the lot, parcel or tract and legal descriptions of all proposed lots, parcels or tracts;
C. The name and address of the owner or owners of the lots, parcels or tracts to be subdivided;
D. Provisions for acknowledgments by and signature of, owner or owners of the lots, parcel or tract to be subdivided. Provisions for acknowledgment by and signature of subdivider(s) of the lot, parcel or tract if other than the owner(s);
E. A certificate of ownership (title report current within thirty days as provided by a licensed title company). The title company certification will confirm that the title of the lands described and shown in the short subdivision are in the name of the owner(s) signing the short plat;
F. Provisions for approval by the following departments and agencies:
1. County engineer;
2. County assessor;
3. County board of health;
4. Public utility districts or private utilities;
5. Washington State Department of Transportation (if the subdivision abuts a state highway);
6. Irrigation districts;
7. Appropriate fire protection official;
8. Soil conservation districts;
9. Other appropriate agencies as determined by the county building and planning director;
G. A statement of encumbrances against the land and/or contract of sale with names and addresses of mortgages or sellers. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.140 Dedications.
A. Where the proposed division of land results in a lot, parcel or tract which the owner intends to dedicate for public use, the purpose of the dedication shall be stated on the short plat and in the legal description of the platted property.
B. Where the purpose of the dedication is other than for public streets, roads, alleys, or highways, and the division of land is otherwise subject to the provisions of this chapter, the short subdivision shall proceed in accordance with this chapter. Dedicated lots, parcels or tracts shall be excluded from the numerical count of lots, parcels or tracts determining subdivision or short subdivision status. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.150 Procedure—Administrative review and determination.
A. The county building and planning director shall affix a file number and date of receipt to the application and shall distribute copies of the proposed plat to the county engineer and other departments and utility providers, as applicable, which may include the board of health, the appropriate fire official, the irrigation district, and the bureau of reclamation, with a request for review. Upon receipt of the application the agencies shall, within two weeks, return their written comments regarding the proposed subdivision.
B. The county building and planning director or designee shall verify the following:
1. The proposed full subdivision conforms to:
a. The Adams County comprehensive plan.
b. All applicable zoning and development standards.
c. All applicable critical areas regulations.
d. Any other applicable codes, ordinances, standards, policies or plans adopted by the county.
2. Whether adequate provisions have been made for utilities and other public services necessary to serve the needs of the proposed short plat including open spaces, drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers (where required), parks, playgrounds, schools, sidewalks, trails and other planning features that assure safe walking conditions for students who walk to and from school, and sites for public schools and grounds.
3. Whether identified environmental impacts of the proposed short plat, together with any practical means mitigating adverse impacts, have been considered so that the proposal will not have an unacceptable adverse effect upon the quality of the environment.
4. Whether approval of the short plat will serve the public use and interest.
5. Where applicable, the short plat meets the provisions for cluster developments as detailed in Section 17.76.180.
6. Where applicable, the short plat meets the provisions for family farm support divisions as detailed in Section 17.76.170.
C. The county engineer or designee shall verify the following:
1. The adequacy of survey information and legal description.
2. General requirements in respect to surrounding development, topography, and road system configuration.
3. Access and need for public right-of-way.
4. Utility, drainage or road related easements.
5. Drainage and flood protection requirements.
6. Private and public road requirements.
D. In the event corrections to any application materials are required, staff shall provide comments to the applicant in a timely manner. The applicant shall have ninety days to respond to staff comments, and may request one extension of ninety days. If after ninety days, the applicant has not responded with a resubmittal or a request for an extension, the application shall lapse. The applicant must reapply in order to continue processing.
E. The county building and planning director shall consider all relevant findings and evidence, including the comments received, to determine whether the short plat be preliminarily approved with conditions, returned to the applicant for modifications or denied. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.190 Approval of preliminary short plat application.
A. Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with standards established by this title and any conditions imposed by the county building and planning director.
B. Short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of submission of the complete application, unless the applicant consents to an extension of the time period.
C. In the notice of decision letter, the county building and planning director shall make written findings of the criteria established in Section 16.32.150(A) and (B), and include conditions of preliminary approval, such as but not limited to:
1. Improvements necessary for the public health, safety and general welfare and for open spaces, drainage ways, roads, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, and other public needs;
2. Modifications to the proposed preliminary plat to contribute to the overall orderly development and land use patterns in the area;
3. Modifications to the proposed preliminary plat or improvements necessary to serve the public use and interest. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.195 Final review.
A. Filing Period. Complete application for a final short plat shall be submitted to the county for approval within two years of the date of preliminary short plat approval.
B. The applicant is responsible for ensuring compliance with the requirements needed to obtain final short plat approval. Further, the applicant is responsible for obtaining agency signatures required in subsection (C)(3) of this section.
C. Contents.
1. Every final short plat shall include an accurate map of the subdivided land, based upon a complete survey thereof, which map shall include:
a. All section, township, municipal and county lines lying within or adjacent to the subdivision;
b. The location of all monuments or other evidence used as ties to establish the subdivision’s boundaries;
c. The location of all permanent control monuments found and established within the subdivision;
d. The boundary of the subdivision with complete bearings and lineal dimensions;
e. The length and bearings of all straight lines; the radii, arcs and semi-tangents of all curves;
f. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;
g. The location, width, center line, and name or number of all streets within and adjoining the subdivision;
h. The location and width, shown with broken lines, and description of all easements;
i. Numbers assigned to all lots and blocks within the subdivision;
j. Names of owners of land adjacent to the subdivision, and the names of any adjacent subdivisions.
2. In addition to the map or maps, every final plat shall contain written data including:
a. The legal description of land contained within the short subdivision;
b. A certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the short subdivision in substantially the following language:
“I _____________, registered as a land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of _____, 20__, through _____, 20__; that the distances, courses and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date, have been set and lot corners staked on the ground as depicted on the plat.”
3. The signature block of the following, as applicable, shall be included on the short plat:
a. County building and planning director.
b. County engineer.
c. County auditor.
d. The appropriate utility district.
e. The appropriate irrigation district (where applicable).
f. United States Bureau of Reclamation (where applicable).
g. County treasurer.
4. A statement of approval as to the design and/or construction of sanitary sewage disposal systems and public water supply systems installed in the subdivision signed by the county health officer; provided, however, that no such statement shall be deemed a guarantee of acceptability of individual septic tank systems contemplated for use within the subdivision.
5. A certificate bearing the typed or printed names of all persons having an interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of the said land and reciting a dedication by them of all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision.
6. A certificate signed by the county treasurer that all taxes one year in advance on all unimproved property in each proposed subdivision and delinquent assessments for which the land within the subdivision may be liable have been duly paid, satisfied or discharged. (Ord. O-01-24 § 1 (Exh. A))
16.32.197 Review and approval of final short plat application.
A. In a final review of the short plat, the county building and planning director shall determine that the final short plat meets all standards established by state law, this chapter relating to short plats and the conditions of approval of the approved short plat decision, and signed by all legal owner(s), the treasurer, and the applicable utilities (including irrigation).
B. When the county building and planning director has approved an application for final short plat, he or she shall sign the short plat and will obtain the signatures of the county engineer, then return the short plat to the applicant. The applicant shall file the approved short plat with the county auditor prior to the transfer of any lot, parcel or tract of the short subdivision. After recording, the applicant must transmit one paper copy and one digital copy to the county building and planning director and one paper copy shall be transmitted to the county assessor.
C. In no case shall the applicant file or be permitted to file the approved short plat with the county auditor more than sixty days following approval of the short subdivision and plat by the county building and planning director. Failure to file such approved plat with the auditor shall invalidate all prior approvals and steps taken with reference to the short plat. (Ord. O-01-24 § 1 (Exh. A))
16.32.200 Appeals.
Any decision by the county building and planning director may be appealed to the planning commission within twenty days after the decision. The notice of appeal shall be filed with the county building and planning director along with the applicable fee per the Adams County building and planning master fee schedule. When an appeal is received, a public hearing with the planning commission will be scheduled. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.210 Appeal—Recommendation.
The planning commission will hear the appeal in an open record public hearing and forward a recommendation to the board. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.220 Board action on appeal.
Upon receipt of the planning commission recommendation of an appeal, the board shall set a time at their next regularly scheduled meeting to take action, or set a date to hold a closed record hearing. In reviewing an appeal, the board shall consider all matters submitted by the county building and planning director and the planning commission, together with such other evidence as it deems relevant, and shall either take action or remand the matter for further investigation by the county building and planning director. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.230 Filing unapproved plats—Prohibited.
The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the county building and planning director and the appeal time has elapsed. Should a plat or dedication be filed without such approval, the prosecuting attorney may apply for a writ of mandamus in the name of and on behalf of the county, directing the county auditor and county assessor to remove from their files or records the unapproved plat or dedication or record. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.240 Enforcement.
No person shall transfer, sell, lease, or offer for transfer, sale or lease any land subject to the requirement of short plat approval until a short plat has been approved and filed. When any person, by transfer, sale or lease or offer of transfer, sale or lease divides or attempts to divide land, the division of which is subject to the provisions of this chapter, without having first secured the county building and planning director’s approval and filed a short plat with the county auditor as provided by the terms of this chapter, the prosecuting attorney may commence an action to restrain or enjoin further subdivision or sales, leases or other transfers, or offers of sale, leases or other transfers, and to compel compliance with this chapter. The costs of such action, including a reasonable attorney’s fee, shall be taxed against the person, firm, corporation or agent selling or transferring the property. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.250 Noncompliance—Recovery of damages.
No building permit, septic tank permit, or other development permit shall be issued for any lot, parcel or tract of land divided in violation of this chapter. The prohibition contained in this section shall not apply to an innocent purchaser for value, without the actual notice. All purchasers’ or transferees’ property shall comply with the provisions of this chapter and such purchaser or transferee may recover his or her damages from any person, firm, corporation or agent selling or transferring land in violation of this chapter including, but not limited to, any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorney’s fees occasioned thereby. Such purchaser or transferee may, as alternative to conforming his or her property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fees occasioned thereby. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.260 Penalties of noncompliance.
Any person, firm, corporation, or association, or any agent of any person, firm, corporation, or association who violates any provisions of this chapter relating to the sale, offer for sale, or lease, or transfer of any lot, parcel or tract of land, shall be guilty of a misdemeanor and each sale, offer for sale, lease, or transfer of each separate lot, tract or parcel of land in violation of any provision of this chapter, shall be deemed a separate and distinct offense. Anyone convicted of a violation of the provisions of this chapter shall be punished by a fine of not more than three hundred dollars or by imprisonment for a term of not more than twenty days or both such fine and imprisonment. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.270 Short plat redivision procedure.
Once property is subdivided in accordance with the short plat regulations of this title, no further division creating in any manner a greater number of lots, tracts, parcels, sites or divisions than contained in the short plat shall be made for a period of five years from the date of recording of a short plat, unless a final long plat has been approved and filed for record pursuant to the provisions of Chapter 16.08. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.280 Variance.
A variance from any of the requirements set forth in this title may be granted by the planning commission, and the short plat may be approved with such variance where it appears that the public use and interest will be served thereby. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))
16.32.290 Boundary road.
When land within a proposed short subdivision has a boundary line contiguous with a public road having a right-of-way dedication with less than the normal standards, there shall be dedicated land to a width required and determined by the county engineer. (Ord. O-01-24 § 1 (Exh. A); Ord. 119-86 (part))