Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.040 Conformance to title.
17.04.045 Applications—Generally.
17.04.050 Conformity with other codes, plans and policies.
17.04.060 Application processing.
17.04.070 Limitations on short subdivisions.
17.04.100 Administrative rules.
17.04.110 Limitations due to flood.
17.04.120 Performance assurance.
17.04.010 Authority.
Pursuant to Chapter 58.17 RCW, the provisions of this title are adopted. (Ord. TLS 17-12-44C Exh. A (part): prior code § 16.04.010)
17.04.020 Applicability.
A. The provisions of this title shall apply to the division of land for the purpose of sale, lease or transfer into two or more lots, parcels or tracts in unincorporated Douglas County.
B. The provisions of this title shall not apply to:
1. Any cemetery or burial plot while used for that purpose;
2. Any division of land by testamentary provisions or the laws of descent;
3. Any division of land that does not dedicate land to public use and for which the smallest lot, parcel or tract created by such division is at least twenty acres or one-thirty-second of a section in size; provided, that:
a. Conveyance instruments for lots, parcels or tracts shall contain notes that water, road construction and maintenance, and emergency services are not the responsibility of the county;
b. For purposes of computing the size of any lot under this subsection which borders on a public street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the public street or road and the side lot lines of the lot running perpendicular to such centerline; and
c. Persons proposing such divisions shall submit to the county assessor an affidavit declaring that documents have been prepared and have been recorded with the county auditor that establish easements for access and utilities to each lot, tract or parcel proposed to be created;
4. Any division of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title;
5. Any division of land for the purpose of lease when no residential structures other than manufactured homes or recreational vehicles are permitted to be placed on the land and for which a binding site plan for the use of the land as a manufactured home park or recreational vehicle park has been approved by the director;
6. Any division of land by binding site plan into lots or tracts in a district classified for industrial or commercial use consistent with the binding site plan provisions of this title;
7. Any division of land by a public roadway that is planned, established, financed and constructed by a state entity or the county;
8. Any division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures;
9. Any division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. “New customers” are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. TLS 17-12-44C Exh. A (part): Ord. TLS 07-03-26B: Ord. TLS 01-04-07B Exh. B (part): Ord. TLS 97-10-71B Exh. E: prior code § 16.04.020)
17.04.030 Comprehensive plan.
The county comprehensive plan or portions thereof shall guide the use of all land within the unincorporated area of the county. The type and intensity of land use as shown on the comprehensive plan shall be used as a guide to determine the character of the land division including lot size and arrangement, and the type and extent of streets and roads, highways, dedications, improvements, services and other utilities and public facilities which shall be provided. (Ord. TLS 17-12-44C Exh. A (part): prior code § 16.04.040)
17.04.040 Conformance to title.
A. No subdivision shall be developed in any area to which this title applies unless all improvements, including those outside of that subdivision, are installed to ensure that the development of that subdivision will conform to standards as set forth in this title and will not endanger life, limb or property.
B. Every installation of any building or improvement within a subdivision shall conform to the applicable standards and policies adopted or established by the county. (Ord. TLS 17-12-44C Exh. A (part): prior code § 16.04.080)
17.04.045 Applications—Generally.
A. Applications for approvals subject to the provisions of this title shall be submitted to the department on forms prescribed by the director.
B. Applications for approvals subject to the provisions of this title shall contain the information required by this title and DCC Title 14, Development Permit Procedures and Administration. (Ord. TLS 17-12-44C Exh. A (part))
17.04.050 Conformity with other codes, plans and policies.
Applications shall be approved, approved with conditions or denied based on a determination that the application complies with the following adopted rules, regulations, plans and policies, including, but not limited to:
A. Chapter 43.21C RCW, State Environmental Policy Act;
B. Chapter 58.09 RCW, Surveys—Recording;
C. Chapter 58.17 RCW, Plats—Subdivisions—Dedications;
D. Chapter 36.70A RCW, Growth Management;
E. Chapter 36.70B RCW, Local Project Review;
F. DCC Title 12, Roads and Bridges;
G. DCC Title 14, Development Permit Procedures and Administration;
H. DCC Title 15, Buildings and Construction;
I. DCC Title 17, Subdivisions;
J. DCC Title 18, Zoning;
K. DCC Title 19, Environment;
L. DCC Title 20, Development Standards;
M. Douglas County Regional Shoreline Master Program;
N. Chelan-Douglas Health District rules and regulations;
O. Rules and regulations of utility and infrastructure providers; and
P. Applicable comprehensive plan. (Ord. TLS 17-12-44C Exh. A (part))
17.04.060 Application processing.
All applications subject to the provisions of this title shall be processed as provided in this title and DCC Title 14, Development Permit Procedures and Administration. (Ord. TLS 17-12-44C Exh. A (part))
17.04.070 Limitations on short subdivisions.
A. A maximum of nine lots, tracts, or parcels may be created by a single application inside an urban growth area boundary. A maximum of four lots, tracts, parcels, sites, or divisions may be created by a single application outside of an urban growth area boundary.
B. An application for further segregation may not be submitted within five years after recording, except through the filing of a subdivision application or unless the short plat contains fewer than nine lots inside an urban growth area boundary or fewer than four lots outside of an urban growth area boundary, in which case the owner who filed the original short plat to be amended may submit an alteration application to create a cumulative total of up to nine lots inside an urban growth area boundary or up to four lots outside of an urban growth area boundary within the original short plat boundary. (Ord. TLS 17-12-44C Exh. A (part))
17.04.080 Director’s duties.
The director is vested with the duty of administering the provisions of this title. The director may prepare and require the use of such forms as deemed essential. The director or his/her designee is delegated the authority in accordance with RCW 58.18.100 to approve final plats conforming to DCC Chapter 17.14. (Ord. TLS 17-12-44C Exh. A (part))
17.04.090 Interpretation.
In their interpretation and application, the provisions of this title shall be held to be minimum requirements, adopted for the promotion of the public health, safety, and general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, the most restrictive or that imposing the higher standards shall govern.
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 words “shall” and “must” are always mandatory, and the word “may” indicates a use of discretion in making a decision. (Ord. TLS 17-12-44C Exh. A (part))
17.04.100 Administrative rules.
The director, county engineer and county surveyor may issue administrative interpretations to implement the provisions of this title. (Ord. TLS 17-12-44C Exh. A (part))
17.04.110 Limitations due to flood.
A. The county may approve, approve with conditions, or deny a preliminary subdivision, preliminary short subdivision, or preliminary binding site plan, because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.
B. Where base flood elevation data have not been provided or are not available from another authoritative source, they shall be generated by the applicant for a subdivision, short subdivision, binding site plan or other proposed development as required by DCC Section 15.48.050(A)(4).
C. No final plat, final short plat, or final binding site plan shall be approved by the county covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Department of Ecology of the state of Washington in accordance with RCW 58.17.120. (Ord. TLS 17-12-44C Exh. A (part))
17.04.120 Performance assurance.
Notwithstanding any other provision of this title, the director and county engineer are authorized to enter into agreements with applicants issued permits or approvals under the provisions of this title consistent with the provisions of DCC Chapter 14.90, Performance Assurance and Guarantee. (Ord. TLS 17-12-44C Exh. A (part))
17.04.130 Definitions.
Words, terms and phrases used in this title are defined in DCC Chapter 14.98, Definitions, as supplemented herein. (Ord. TLS 17-12-44C Exh. A (part))
17.04.140 Fees.
A. Application and review fees shall be established by separate resolution of the board.
B. Recording fees shall be paid to the county auditor prior to recording and in an amount as set forth in RCW 36.18.010. (Ord. TLS 17-12-44C Exh. A (part))
17.04.150 Severability.
If any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. TLS 17-12-44C Exh. A (part))