Chapter 12.04
APPLICATION PROCESSING AND REVIEW
Sections:
12.04.020 Suitability for land division.
12.04.030 Preliminary land divisions criteria.
12.04.040 Preliminary agency comments.
12.04.060 Modifications/amendments.
12.04.005 Introduction.
The division or modification of land boundaries requires a review of infrastructure, land conditions and Chelan County Code requirements. Often technical or professional support, in the form of survey, soils analysis, or geological report, is necessary to finalize a land division or modification. Pre-applications meetings are encouraged, and in some cases required, if there are questions about the proposal or the site. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.010 Processing.
(1) All land divisions shall be processed consistent with all Chelan County Code and state law Chapter 58.17 RCW (as amended), according to Title 14, Development Permit Procedures and Administration. Quasi-judicial review, Section 14.10.040, shall be applied to all major subdivisions and major cluster subdivisions. Full administrative review, Section 14.10.030, shall be applied to short subdivisions, short cluster subdivisions and binding site plans. Limited administrative review, Section 14.10.020, shall be applied to certificate of exemptions and boundary line adjustments.
(2) Pre-application meetings shall be required prior to submitting major subdivision or major cluster subdivision applications. Applicants submitting other types of land divisions may request a pre-application meeting. Complete Chelan County pre-application forms and associated fees shall be submitted to the community development department prior to scheduling meetings.
(3) Applicants shall submit land division application(s) on Chelan County forms. Appropriate fees shall be submitted with the application materials.
(4) All land divisions shall meet all local and state law. Applications will be reviewed for compatibility with the Chelan County comprehensive plan and based on the criteria set forth in this title and Titles 11, 13, and 15, and the shoreline master program. Where applicable, city documents and codes shall apply, when adopted by the Chelan County commissioners.
(5) When the appropriate administrator, or designee, finds that the final land division or modification is in substantial conformity to the preliminary approval he or she shall implement the final approval and recording procedures set forth within this title and/or authorize the applicant to develop the subdivision facilities and improvements in accordance with the plans and specifications as approved and/or conditioned. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.020 Suitability for land division.
The following suitability review applies to land divisions defined under Section 12.02.040(1):
(1) Each proposed land division shall be reviewed to ensure that:
(A) Access is not from a primitive road. Two-lot short plats are exempt from this requirement. Additionally, land division may occur when a road is improved from a primitive road status to an appropriate adopted road standard per Title 15;
(B) U.S. Forest Service or other agency roads are appropriate for land division with an agreement from the agency;
(C) If access is gained by easements, the applicant shall provide documentation of easement;
(D) Proposals shall meet the requirements of this title and Titles 13 and 15;
(E) Appropriate water, sewer and other utility provider(s) can approve potable water, sewer system, and other facilities necessary for each lot created by the division of land except where the open space tract, agricultural tract, conservation easements, or other non-buildable tracts are exempt from this requirement when noted on the plat that this “tract(s) may not be suitable for development”;
(F) Identified hazards and limitations to development have been considered in the design of roads and lot layouts to assure roads and building sites are not located in critical areas or on geologically unstable soils, considering the stress and loads to which the soil may be subjected;
(G) Safe route to school procedures, as established by the county, have been met; and
(H) Environmental protection measures can be met or adequately mitigated.
(2) Major subdivisions shall meet the above review criteria and be reviewed to ensure that:
(A) Adequate stormwater facilities shall be provided, as adopted by Chelan County; and
(B) Road dedication and development can meet the adopted standards of Title 15.
(3) Lack of compliance with the suitability for land division or the criteria set forth in this title shall be grounds for denial of a proposed land division, or for the issuance of conditions necessary to more fully satisfy the criteria. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.030 Preliminary land divisions criteria.
The following shall apply to all preliminary land divisions, including plat alterations, plat vacations and binding site plans:
(1) A complete application including environmental checklist (when required) and all appropriate materials have been received in conformance with this and other development titles.
(2) As a basis for approval or approval with conditions of a preliminary land division, the appropriate provisions have been made for the purpose, criteria and standards set forth in this title. If the appropriate provisions, per this title, cannot be made, the administrator or hearing examiner, as appropriate, shall deny the application.
(3) Appropriate provisions have been made for the public health, safety, and general welfare, including open spaces, drainage ways, roads or streets, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools, and school grounds.
(4) No adopted level of service standard for public facilities and services will fall below the standards as set forth in the applicable comprehensive plan as a result of the proposed land division being approved.
(5) The layout of buildable lots, and their size and dimensions, take into account topography and other constraints on the site. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.040 Preliminary agency comments.
Agencies with jurisdiction as referenced in Section 14.08.050 shall be requested to provide comment, within the legal timeframe of fourteen calendar days, on at least the following items. Failure to provide comment will imply consent with the proposed development.
(1) County engineer shall submit a report on:
(A) The improvements required under the provisions of this title and those found in Title 15, Development Standards;
(B) Any easements and/or standard plan required;
(C) The effect of the proposed division of land and any proposed grading in connection therewith on drainage in the general area and the adequacy of the methods of handling drainage and stormwater runoff proposed by the applicant (applicability of Title 13 to the proposed project).
(2) The Chelan-Douglas health district officer shall submit a report on:
(A) The adequacy of the water supply for domestic purposes;
(B) The adequacy of the proposed sewage disposal system; and
(C) Any other matters related to the proposed division of land which may affect the public health.
(3) Chelan County fire marshal or designee shall submit a report on:
(A) The adequacy of access for emergency vehicles, as required by Title 15;
(B) The location of nearest fire hydrants;
(C) The adequacy of the proposed water supply and pressure to supply fire flows; and
(D) Other matters affecting fire safety and fire protection including any temporary fire protection measures needed during the development of the subdivision.
(4) The irrigation district within which the proposal is located shall submit a report on:
(A) Any needed irrigation rights-of-way for parcels within the development;
(B) For lands classified as irrigable, any required distribution as required by RCW 58.17.310; and
(C) Any need for irrigation crossings, infrastructure or other information affecting the land division.
(5) The school district within which the proposal is located shall submit a report on:
(A) The effect the proposal will have on the school system; and
(B) The ability of the school system to accommodate the anticipated additional students.
(6) The applicable city shall submit a report on:
(A) Availability or adequacy of potable water;
(B) Method of sewer disposal system;
(C) Improvements required under city codes adopted by the county;
(D) The effects of the proposed division of land on other public improvements under the jurisdiction of the city; and
(E) Comprehensive plan consistency.
(7) If the property is adjacent to the Washington State Department of Transportation right-of-way, WSDOT shall submit a report on the following, pursuant to RCW 58.17.155:
(A) State highway classification;
(B) Access availability and any required access connection permits;
(C) Identification of transportation impacts and needs for mitigation, when appropriate; and
(D) Ability to provide assistance with traffic impact analysis scoping.
(8) Other purveyors, as necessary, shall provide appropriate comment on effects related to the proposed land division. (Res. 2014-38 (Atts. A, B) (part), 4/15/14; Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.050 Phasing plans.
The purpose of phasing is to provide flexibility for development. Phasing can be done in any sequence; provided, that all necessary infrastructure is in place to support the corresponding development. Any division of land, excluding short subdivisions, may be developed in phases or increments. A master phasing plan shall be submitted with the preliminary land division, which may be approved, provided:
(1) The phasing plan includes all land identified within the legal notice;
(2) The sequence of phased development is identified by a map;
(3) Each phase has reasonable public or private infrastructure to support the proposed use of the land, such as the number of dwelling units contained in that phase;
(4) Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision; and
(5) The administrator approves the necessary documents so that all public improvement requirements are assured for that phase and required environmental review has been completed. (Res. 2010-68 (Exh. A) (part), 7/13/10).
12.04.060 Modifications/amendments.
(1) Minor modification to the preliminary plan may be approved administratively. Modifications shall be consistent with the following requirements:
(A) The modifications shall be limited to shifting of the location of phase boundaries, building envelopes, proposed streets, internal access placement, driveways, utility easements, interior lot lines, common open space, or other similar items.
(B) The modifications shall not:
(i) Enlarge the exterior boundaries of the approved plan.
(ii) Change the approved uses.
(iii) Change general location or amount of land devoted to a specific land use.
(iv) Increase the residential density or commercial or industrial intensity.
(2) Major modification includes any modification not defined as minor and shall be reviewed as an amended or new application. (Res. 2010-68 (Exh. A) (part), 7/13/10).