Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.050 Applicability and exemptions.
16.04.060 Conformity with other codes.
16.04.080 General requirements.
16.04.100 Expiration of preliminary approval.
16.04.110 Recording requirements.
16.04.160 Prohibition on development.
16.04.170 Poulsbo Urban Transition Area.
16.04.180 List of qualified consultants.
16.04.010 Title.
The ordinance codified in this title may be cited as either “Kitsap County Land Division and Development Ordinance” or “Title 16, Kitsap County Code.”
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.020 Purpose.
This title governs the division and redivision of land into lots, tracts, parcels, sites or other divisions for the purpose of sale, lease or other transfer by utilizing one of the following processes: subdivision, short subdivision, large lot subdivision, binding site plan and condominium. The purpose of this title is to regulate the segregation of land and to promote the public health, safety and general welfare in accordance with standards established by the state and county to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, open space areas, sidewalks, nonmotorized trails, sites for schools and school grounds and other public facilities and services; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed land segregations which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the county; and to require uniform monumenting of land segregations and conveyancing by accurate legal description. The intent of this title is to carry out the goals and policies of the Kitsap County Comprehensive Plan, the Countywide Planning Policies and the laws of the state of Washington relating to land division.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.030 Authority.
These regulations are adopted pursuant to the authority of the State Constitution, Article 11, Section 11; Chapters 36.70, 36.70A and 58.17 RCW.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.035 Definitions.
Words and phrases appearing in this title shall be given the meaning attributed to them by Chapter 21.02. 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. Terms, phrases and words used in the masculine gender include the feminine and the feminine the masculine. Where terms, phrases and words are not defined, they shall have their ordinary accepted meanings within the context in which they are used and the most current version of Merriam-Webster’s Collegiate Dictionary shall be considered as providing ordinary accepted meanings.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.040 Interpretation.
This title shall be liberally interpreted and construed to secure the public health, safety and welfare and the rule of strict construction shall have no application.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.050 Applicability and exemptions.
The provisions of Chapters 16.40, Subdivisions; 16.48, Short Subdivisions; and 16.52, Large Lot Subdivisions, shall apply to all divisions and redivisions of land for the purposes of sale, lease or other transfer of ownership except:
A. A division of land for cemeteries and other burial plots while used for that purpose;
B. A division of land into lots or tracts, as follows: one-thirty-second of a section or larger, or twenty acres or larger if the land is not capable of description as an aliquot part of a section. Lots within a rural zoning designation may include, for the purposes of area calculation, the portion of county right-of-way fronting the lot; said portion of county right-of-way shall be bounded by the right-of-way centerline, the front property line and the side lot lines of the lot running perpendicular to such centerline;
C. A division of land made by testamentary provision, or the laws of descent. Development of such divisions of land is subject to the zoning regulations set forth at Title 17;
D. A division of land into lots, or tracts classified for industrial or commercial use when the county has approved a binding site plan for the use of the land in accordance with this title;
E. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is permitted to be placed upon the land when the county has approved a binding site plan for the use of the land in accordance with local regulations;
F. A division of land into lots or tracts if: (1) Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (2) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest; (3) the county has approved the binding site plan for all such land; (4) such approved binding site plan is recorded with the county auditor; and (5) the binding site plan contains thereon the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of the units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.
The binding site plan may depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A binding site plan shall be deemed to have been approved if the binding site plan was approved by the county pursuant to Chapter 16.56;
G. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, that does not create any additional lot, tract, parcel, site or division, nor result in any lot, tract, parcel, site or division that contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
H. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. For the purposes of this subsection “personal wireless services” means any federally licensed personal wireless service; and “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; and
I. A division of land into lots 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-owner 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 other regulations set forth in the Kitsap County Code. 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. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.060 Conformity with other codes.
All citations in this title to Kitsap County Code, state law or other jurisdictional regulations shall be construed to mean as now or hereafter amended, unless otherwise specifically stated.
Land segregation applications may be approved, approved with conditions or denied in accordance with the provisions of this title and all other ordinances and laws now existing or hereafter amended. Such ordinances and laws include, but are not limited to, the following:
A. Title 6, Business Licenses and Regulations;
B. Title 9, Health, Welfare and Sanitation;
C. Title 11, Roads, Highways and Bridges;
D. Title 12, Storm Water Drainage;
E. Title 13, Water and Sewers;
F. Title 14, Buildings and Construction;
G. Title 15, Flood Hazard Areas;
H. Title 17, Zoning;
I. Title 18, Environment;
J. Title 19, Critical Areas Ordinance;
K. Title 20, Transportation;
L. Title 21, Land Use and Development Procedures;
M. Title 22, Shoreline Management Master Program;
N. Kitsap Countywide Planning Policies;
O. Kitsap County Comprehensive Plan and Sub-Area Plans;
P. Kitsap County Buildable Lands Report;
Q. Kitsap County Greenways, Bicycle and Mosquito Fleet Trail Plan;
R. Kitsap County Parks, Recreation and Open Space Plan;
S. Kitsap County Comprehensive Solid Waste Plan;
T. Kitsap County Comprehensive Water and Sewerage Plans;
U. Kitsap County board of health regulations;
V. Chapter 36.70A RCW, Growth Management Act (GMA);
W. Chapter 36.70B RCW, Local Project Review;
X. Chapter 43.21 RCW, State Environmental Policy Act (SEPA); and
Y. Chapter 58.17 RCW, Plats – Subdivisions – Dedications.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.070 Fees.
Upon submittal of any application pursuant to this title, the applicant shall pay a fee pursuant to Kitsap County Development Permit Fee Schedule authorized by Title 21.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.080 General requirements.
For all types of land segregations, appropriate provisions shall be made for the public health, safety and general welfare, including but not limited to: open spaces, drainage ways, streets or roads, alleys, other public ways, nonmotorized access, road and pedestrian connectivity, parking, transit stops, fire protection facilities, potable water supplies, sanitary sewage wastes, solid wastes, landscaping, parks and recreation, playgrounds, sites for schools and school grounds, sidewalks or other planning features that assure safe walking conditions for students who only walk to and from school. The public use and interest will be served by the proposed land segregation. The following general requirements shall be met for all land segregations proposed under this title. In addition, all specific requirements relevant to each individual type of land segregation are found in their respective chapters of this title.
A. The proposed land segregation shall comply with the applicable provisions of the Kitsap County Comprehensive Plan and Kitsap County Code.
B. Adequacy of Access. Each lot within a land segregation shall have approved access to a street conforming to county road or access standards, unless an alternative standard has been approved by the director. To assure safe and adequate access, the director:
1. Shall require a developer to dedicate, establish, or deed right-of-way to the county for road purposes as a condition of approval of a land segregation, when to do so is reasonably necessary as a direct result of a proposed land segregation, for improvement, use or maintenance of the road system serving the development;
2. Shall determine if road connectivity between the land segregation and adjacent properties is required. In cases where the dedication, establishment, or deeding of additional right-of-way cannot be reasonably required as a direct result of the proposed development but such right-of-way is necessary for future expansion of the public road system, the director shall require reservation of the area needed for right-of-way for future conveyance to the county. Building setbacks and all other zoning code requirements will be established with respect to the reservation line rather than the deeded, established, or dedicated right-of-way line. The area reserved for right-of-way may be donated to the county or will be purchased by the county through a county road project;
3. Shall be satisfied that the applicant has demonstrated sufficient access rights for the entire access route, where access to the segregation is gained via private easements;
4. Shall require that newly established easements for access purposes not be contiguous to an existing access easement, unless there is no other feasible access point as determined by the director;
5. Shall require that off-site improvements be made to public or private streets, if needed to provide adequate access from the land segregation to a road acceptable to the director;
6. May approve private streets, and may require that adequate provision is made for access to the private street to accommodate future segregations, where the county finds the following:
a. Vacant or underutilized land abuts the proposed land segregation or development; and
b. The location of said access easement is reasonable based upon the design needs for future streets; and
c. The establishment of said easement will further the extension of the street system within the urban growth area; and
d. The extension of the street system is reasonably foreseeable; and
e. The establishment of said easement furthers the goals and policies of the Comprehensive Plan;
7. May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways, in accordance with the county road standards.
C. Safe Walking Conditions.
The applicant shall be required to provide information regarding pedestrian needs generated by the proposed land segregation. Where deemed necessary by the department, safe walkways shall be required.
1. School Children. In cases where a school is located within one mile of a land segregation and/or where it is likely the children will walk to school, safe walkways shall be required along roads interior to the land segregation and along existing roads fronting the site.
2. Pedestrian Safety. Any land segregation within a UGA shall provide sidewalks along existing public roads fronting the subject property(ies). Residential segregations creating more than four lots in UGAs shall provide sidewalks internal to the segregation.
3. When sidewalks are required, they shall be constructed to comply with all applicable standards, including but not limited to county road standards and shall apply the federal American with Disabilities Act (ADA) standards for sidewalk ramps at all intersections, pedestrian crossings and transit stops.
4. When reasonably necessary for public convenience, pedestrian ways may be required to connect to cul-de-sacs or to pass through unusually long or oddly shaped blocks.
D. Lot Configuration. The side lines of lots, as far as practicable, should run at right angles to the street upon which the lots face.
E. Homeowners’ Associations. Land segregations of five or more lots within a UGA that propose roads and/or storm water facilities to be privately maintained shall form a homeowners’ association, registered with the state of Washington. Conditions, covenants and restrictions (CCR) document shall address, at a minimum, ownership of and maintenance responsibilities for any private roads and any private storm water facilities. In rural zones where private roads and/or storm water facilities are proposed, road and storm facility maintenance agreements may suffice.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.090 Appeals.
The approval or denial of a preliminary decision may be appealed pursuant to the process outlined in Title 21. Such appeal shall automatically stay any deadlines required by this title.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.100 Expiration of preliminary approval.
A. Short Subdivisions and Large Lot Subdivisions. Unless otherwise provided by state statute, preliminary approval shall automatically expire five years from the date of the notice of decision, unless a complete final short subdivision or large lot subdivision application is submitted to the department prior to that date.
B. Subdivisions. Unless otherwise provided by state statute, preliminary approval shall automatically expire five years from the date of the notice of decision, unless a complete final subdivision application is submitted to the department prior to that date.
C. An extension to preliminary approval may be granted, as set forth in Section 21.04.270(B).
D. It is the responsibility of the applicant to remain aware of expiration dates. Failure to file within the stated time, and any approved extension, will void the preliminary approval and a new application will be required.
(Ord. 617 (2022) § 6, 2022; Ord. 587 (2020) § 9(1) (Att. 1) (part), 2020: Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.110 Recording requirements.
A. In order to effect the segregation of land, the final plat or binding site plan shall be recorded with the county auditor within one year of the date of final approval. Any associated documents, including but not limited to covenants, conditions and restrictions (CCRs), road maintenance agreements (RMAs) and easement documents, shall be recorded concurrently with and be cross-referenced on the face of the final plat or binding site plan. Recordings shall be at the expense of the applicant. A paper copy of the final plat or binding site plan shall be provided by the department to the county assessor.
B. Any final plat or binding site plan presented for recording shall contain on its face the approvals required, as set forth in their respective chapters within this title.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.120 Phased development.
A. Phased development may be proposed in conjunction with a preliminary subdivision application or with a site development activity permit (SDAP) associated with said preliminary subdivision application. When phased development is proposed, a phasing plan shall be submitted with the preliminary subdivision application or the SDAP application that clearly sets forth the density proposed for each phase, and identifies each amenity, including infrastructure, traffic mitigation, parks, open space, etc., proposed for each phase.
B. Review of the phasing plan shall occur as follows:
1. When phasing is proposed with the preliminary subdivision application, conditions regarding the phasing schedule, installation of required amenities and bonding requirements shall be included in the staff report to the hearing examiner.
2. When phasing is proposed with the SDAP, conditions regarding the phasing schedule, installation of required amenities and bonding requirements shall be included in the SDAP administrative decision.
3. If phasing is proposed after the administrative decision on the SDAP, the applicant is required to meet with department staff to ensure that both the applicant and department staff have a clear understanding of the details of the proposed phasing. Fees shall be assessed at the hourly rates set forth at Title 21. A phasing plan shall be submitted as an addendum to the SDAP and department staff shall provide to the applicant written documentation regarding the phasing schedule, installation of required amenities and bonding requirements.
C. The first phase submitted for final plat approval must be submitted prior to the expiration of the preliminary plat, and each subsequent phase shall be submitted within three years of the date of final approval of the previous phase. No subsequent phase may be submitted until the preceding phase is finally approved or bonding is increased to two hundred percent of the cost to complete the preceding phase.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.130 Dedications.
A. The dedication of land for appropriate provision of services may be required.
1. The dedication of land to a public body may be required where necessary for the appropriate provision of services, as a condition of land segregation approval.
2. Public Street Rights-of-Way, Greenways, Bicycle Lane, and Mosquito Fleet Trail. All development must be consistent with the Greenways, Bicycle Lane and Mosquito Fleet Trail Plan (Mosquito Fleet Trail Plan), as adopted, and Chapter 16.24. The dedication or deeding of land to the county for a public right-of-way, or a portion thereof for vehicular, bicycle lane or multipurpose trail purposes, shall be required within or along the boundaries of all land segregations where the county finds all of the following:
a. Such dedication or deeding is reasonably necessary as a result of the impact created by the proposed development; and
b. Such dedication or deeding mitigates the impact; and
c. One or more of the following circumstances are met:
i. A county plan indicates the necessity of a new or additional right-of-way or portion thereof for street, bicycle lane or multipurpose trail purposes;
ii. The dedication or deeding is necessary to extend or to complete an existing or future neighborhood street, bicycle lane or multipurpose trail pattern;
iii. The dedication or deeding is necessary to comply with county road and Mosquito Fleet Trail Plan standards and all Kitsap County transportation plans; or
iv. The dedication or deeding is necessary to provide a public transportation system that supports future development of abutting property consistent with the Kitsap County Comprehensive Plan, Kitsap County Zoning Code and adopted Kitsap County transportation plans.
B. Indication of Dedication to Be Shown. All dedications of land shall be clearly and precisely indicated on the face of the plat.
C. Conveyance to Other Entities. If the public interest will be served thereby, land may be conveyed to a homeowners’ association or nonprofit corporation in lieu of dedicating the land to a public body, provided all of the following are met:
1. All governing documents, e.g., articles of incorporation and bylaws, are supplied to the county at or prior to submitting a final plat;
2. Evidence of the conveyance or a binding commitment to convey is supplied to the county prior to submitting a final plat;
3. The governing documents provide that membership in the organization shall be appurtenant to ownership of land in the segregation; that the entity is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the entity, and that such assessments shall be a lien upon the land.
The county may impose such other conditions as it deems appropriate to assure that property and improvements owned by the organization will be adequately constructed and maintained.
D. Other Public Agency Acquisition.
1. Notification of Public Intention to Acquire. Any public agency with power to acquire land by condemnation or otherwise for public uses may, at any time prior to final plat approval, notify the county and the subdivider of its intent to acquire some or all of the land in a proposed segregation for public uses.
2. Request to Reserve for Delayed Public Acquisition. In the event that the land is not dedicated for said uses, the public agency may request that the county require the reservation of such land for a stated period, not to exceed one year following the county’s approval of the final plat, during which the agency may acquire the land.
3. Reservation for Delayed Public Acquisition. If the county finds that the public health, safety or general welfare will be served by such reservation, the county may require, as a condition precedent to approval of the final plat, that the land or appropriate portion thereof be designated on the plat as reserved land. Further, the county may require that the reserved land not be developed for uses other than the contemplated public use for the period requested by the public agency or for a shorter period, as the county deems sufficient. A public agency may accelerate the expiration date of a reservation period by filing written notice of its intention to abandon its right to acquire the reserved land with the county auditor.
4. Reserved Land to Show on Plat. The subdivider may indicate on the plat that if the reserved land is not acquired for public use it shall be divided and, if the subdivider does so, the plat shall show the configuration and dimensions of proposed lots, blocks, roads, easements and like features in the reserved area.
5. No Development Permits to Be Issued for Improvements on Reserved Land. No building permit, on-site sewage system permit or other development permit shall be accepted or issued for improvements on reserved land during the period of reservation except as expressly authorized by the county at the time of final plat approval.
6. Development on Reserved Land if Not Acquired. If the public agency has not acquired or commenced proceedings to acquire reserved land within the period set by the county, the subdivider or the subdivider’s successors may proceed to develop land lying within the reserved area in conformity with the plat.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.140 Surveys.
A. The survey of every proposed segregation, and the preparation of preliminary and final plats thereof, shall be made by or under the supervision of a land surveyor registered in the state of Washington who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying as set forth in the laws of the state.
B. The exterior boundary of the land segregation shall be referenced to section corners and monuments. Complete subdivision of the section or sections, or as much thereof as necessary to properly orient the segregation, shall be delineated on the final plat. Corners of adjoining segregations or portions thereof shall be identified and ties shown.
C. Permanent control monuments shall be established at:
1. All controlling corners on the boundaries of the segregation;
2. The intersections of centerlines of roads within the segregation;
3. The beginnings and ends of curves on road centerlines; alternatively, control monuments for road centerline curves may be established at points of intersection of tangents if placement falls within the paved area.
Permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all plats. Permanent control monuments shall be set in two-inch pipe, twenty-four inches long, filled with concrete, or shall be constructed of an equivalent approved by the county.
D. Permanent control monuments within the streets shall be set after the roads are paved. In the event a final plat is approved before roads are paved, the surety deposited to secure paving shall be sufficient to pay the costs of setting such monuments.
E. Every lot corner shall be monumented by a three-quarter-inch galvanized iron pipe or equivalent approved by the county, driven into the ground and marked or tagged with the certificate number of the surveyor setting said monument.
F. If any land in a segregation is contiguous to a meandered body of water, the meander line shall be reestablished and shown on the plat. Tidelands platted shall clearly show courses and lengths of side lot lines extending into the tidelands. If the thread of a stream lies within a segregation and/or forms the boundary of the subject property or proposed lots, such thread shall be defined by bearings and distances as it exists at the time of the survey.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.150 Violations.
A. Any person, firm, corporation, or association, or any agent of any person, firm, corporation, or association, who violates any provisions of this title relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, is guilty of a misdemeanor. Each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense.
B. Except as provided in subsection (D) of this section, if any parcel of land is divided into two or more lots, tracts, or parcels of land and any person, firm or corporation or any agent thereof sells or transfers, or offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat of such land segregation filed for record, such action is unlawful and a public nuisance. The prosecuting attorney shall commence an action to restrain and enjoin further land segregations or sales, or transfers, or offers of sale or transfer and compel compliance with this title. The costs of such action shall be taxed against the person, firm, corporation or agent selling or transferring the property.
C. In addition to or as an alternative to any other penalty provided in this title or by law, any violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. Infractions shall be processed in accordance with the provisions of the Civil Enforcement Ordinance (Chapter 2.116).
D. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary approval is expressly conditioned on the recording of the final plat containing the lot or parcel under this title, the offer or agreement is not subject to this section. All payments on account of an offer or agreement conditioned as provided in this subsection shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the final plat is recorded.
E. The provisions in this section are cumulative and not intended to limit enforcement remedies available to the county. In addition to the provisions in this section, the county may take any and all enforcement actions available to it under law.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.160 Prohibition on development.
Development of any lot, tract or parcel of land divided in violation of state law or this title is prohibited. No building permit, on-site sewage system permit or other development permit shall be issued for any such lot, tract or parcel, except in the following circumstances:
A. Public Interest Determination Exception. The authority authorized to issue such permit makes the following specific findings:
1. The health officer has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel are adequate;
2. The director has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interfere with or impair existing or planned public roads and drainage facilities in the vicinity;
3. The director has certified that the proposed development conforms to the Comprehensive Plan and all zoning regulations;
4. The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property.
B. Innocent Purchaser Exception.
1. A development permit may be issued for a lot divided in violation of state law or this title if the applicant can sufficiently prove the following:
a. The applicant purchased the lot, tract or parcel for value; and
b. The applicant did not know, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot, tract or parcel had been part of a larger lot, tract or parcel divided in violation of state law or this title.
2. All contiguous lots created in violation of this title that are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot and shall be combined through a boundary line adjustment.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.170 Poulsbo Urban Transition Area.
Any development within the Poulsbo Urban Transition Area (PUTA), shall comply with the provisions of Chapter 16.68.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.04.180 List of qualified consultants.
As a resource to applicants, the department will maintain a list of arborists, habitat biologists, hydrogeologists, geological engineers, geologists, land surveyors, and wetlands scientists who, at the time of listing, are licensed in the state of Washington and meet the minimum qualifications of Kitsap County Code to prepare certain documents required by this title. The list will contain those consultants who have responded to Kitsap County’s call to be listed. Kitsap County makes no representation or guarantee as to the quality of services performed by those listed, and reserves the right to discontinue the list at any time.
(Ord. 617 (2022) § 32, 2022)