Chapter 16.12 LARGE LOT SUBDIVISIONS

The purpose of this chapter is to regulate the division of land into lots less than 20 acres in size, of which no lot is less than five acres in size or one-one hundred twenty-eighth of a section of land in size. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,A, 2000]

Article II. Scope

16.12.020 Applicability.

Every division of contiguous land, for purposes of sale or lease, into two or more lots, all of which are five acres or one-one hundred twenty-eighth of a section of land or larger, and any one of which is smaller than 20 acres or one-thirty-second of a section, shall proceed in compliance with this chapter. For purposes of applicability, the size of all parcels shall be measured to the centerline of any abutting right-of-way. [Ord. 1269 §5, 2016; Ord. 1179B Ex. A, 2003; Ord. 1169, §1,V,B, 2000]

Article III. Procedure

16.12.240 Designation of administrator.

The director of the community development department of the county shall be designated as administrator, and shall be responsible for interpreting, developing and applying the provisions and requirements of this chapter. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,C, 2000]

16.12.250 Application.

A large lot subdivision shall be processed as a Type I application. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,D, 2000]

16.12.290 Posting of markers.

Where identification markers are found necessary by any of the reviewing offices to assist in making its determination, such markers shall be placed upon the land and maintained thereon during the period extending from the time of application to the time of final action for the purpose of permitting field checks by the applicable agencies or departments. Identification may alternatively be made by flag, sign, paint or any other adequate identifying marker. Identification markers shall be clearly understandable by the reviewing agencies. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,G, 2000]

16.12.300 Administrative action.

(1) Upon reviewing an application for preliminary large lot subdivision approval, the planning section shall consider and review the proposed large lot subdivision with regard to:

(a) The public health and safety;

(b) Adequate access, including streets and roads;

(d) Conformance with the general purposes of the Lewis County comprehensive plan, and conformance with all other county regulations and state law;

(e) The physical characteristics of the large lot subdivision site, including drainage, flood, inundation and swamp conditions, pursuant to RCW 58.17.120.

(2) In areas known to have poor drainage patterns, or where site visits reveal it necessary, stormwater management and site drainage patterns shall be subject to the approval of the public works division.

(3) Following the review the administrator shall do one of the following:

(a) Approve the preliminary large lot subdivision; or

(b) Approve the preliminary large lot subdivision with conditions; or

(c) Disapprove the large lot subdivision and so advise the subdivider in writing stating the reasons of disapproval and advising of the appeal procedure. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,H, 2000]

16.12.310 Final large lot subdivision approval.

Following approval of the preliminary large lot subdivision, the subdivider shall be notified that he/she may proceed to develop or bond the large lot subdivision’s facilities and required improvements. A final large lot subdivision in conformance with the approved large lot subdivision must be submitted within the time period established in LCC 17.05.140. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,I, 2000]

16.12.340 Penalties and enforcement.

It shall be unlawful for any person, firm, corporation, or association, or agent thereof, to violate any provision of this chapter. Under RCW 58.17.300, any such person or other such party who violates Chapter 58.17 RCW or such provisions of this chapter as are required thereunder, with respect to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, shall be subject to the penalties in RCW 58.17.300.

(1) Any offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land prior to large lot subdivision approval is permitted if it is conditioned upon the recording of the large lot subdivision containing the lot, tract or parcel of land under this chapter, the offer or agreement is not subject to RCW 58.17.300 and does not violate any provision of this chapter. All other offers or agreements are prohibited prior to final large lot subdivision map approval. All payments on account of an offer or agreement thereby conditioned shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be deemed permitted until the final large lot subdivision map is properly recorded.

(2) No building permit, on-site sewage permit, nor any other development permit shall be issued by Lewis County for any lot, parcel or tract of land created or divided in violation of this chapter, without the approval of the local health officer, if applicable, and in conjunction with administrator approval under LCC 16.02.055. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,L, 2000]

16.12.350 Notice of infraction.

A notice of infraction may be issued by the administrator or designee pursuant to the provisions of LCC 1.20.040. [Ord. 1269 §5, 2016; Ord. 1180 § 23, 2002; Ord. 1169, §1,V,M, 2000]

16.12.360 Additional enforcement.

The office of the Lewis County prosecuting attorney may bring such additional injunctive, declaratory, or other actions as are necessary to ensure compliance with this chapter, and county and state laws, and the costs of such action shall be taxed by the prosecuting attorney against the person committing the violation. In the enforcement of this chapter and Chapter 58.17 RCW, the prosecuting attorney may accept assurance of discontinuance of any act or practice deemed in violation thereof from any person engaging in, or who has engaged in, such act or practice. A violation of such assurance shall for purposes of prosecution constitute and serve as prima facie proof of violation of this chapter or Chapter 58.17 RCW. Acceptance of such assurance does not relieve a party from compliance with this chapter or state law. With respect to enforcement of Chapter 58.17 RCW and with court actions filed pursuant to this chapter, any such assurance shall be in writing and be filed with and subject to the approval of the superior court. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,N, 2000]

16.12.370 Recording.

At any time within the five years following approval of the preliminary plat, the subdivider may cause the large lot subdivision to be surveyed (if required) and a final large lot subdivision map to be prepared. The applicant shall be required to prepare a final large lot subdivision map in accordance with LCC 16.12.420. Following the submittal of the approved final large lot subdivision map and a filing fee made payable to the Lewis County auditor, the applicant shall record the final large lot subdivision map with the Lewis County auditor and the large lot subdivision map shall become effective. Failure to so file with the county auditor within 60 days after final approval shall automatically cause a lapse of approval, and the same shall not be filed until further approval has been granted by the administrator. [Ord. 1269 §5, 2016; Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,V,O, 2000]

Article IV. Large Lot Subdivision Application, Map, and Supporting Information

16.12.420 Final large lot subdivision map.

Surveys shall be required for all large lot subdivision maps. Map standards shall be substantially the same as the requirements for short plats in LCC 16.10.420; provided, that LCC 16.10.420(6) shall not apply. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,T, 2000]

Article V. Design Standards and Guidelines

16.12.430 Road standards.

All private roads shall be required to meet the requirements of the Lewis County private road standards, as adopted or hereafter amended. Lewis County shall have no responsibility to maintain or improve any roads which have not been dedicated to the county. The county has no responsibility to enforce any private road maintenance agreements. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,U, 2000]

16.12.440 Road maintenance agreements.

All private roads serving the large lot subdivision shall require a road maintenance agreement, unless a variance is approved. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,V, 2000]

16.12.450 Lots - Arrangement and dimensions.

The lot arrangement and dimensions shall be such that there will be no foreseeable difficulties for reasons of topography or other conditions in securing permits to build upon all lots or fractional parts in compliance with Chapter 15.15 LCC, Building Setback Regulations, Chapter 17.145 LCC, Supplemental Requirements, and “The Sewage System Rules and Regulations of the Lewis County Board of Health.” In order to provide for adequate access a minimum road frontage of 30 feet shall be required for each lot; provided, that in circumstances where an easement for access to a single lot is not more than 150 feet in length, a minimum road frontage shall be required consistent with county road standards. [Ord. 1269 §5, 2016; Ord. 1179 §3 (Exh. B), 2002; Ord. 1169, §1,V,W, 2000]

Article VI. Environmental Health Standards

16.12.470 Sewer availability.

(1) All lots to be served by septic systems shall require soil evaluation tests in order to assess soil percolation rates and the relative suitability of soil conditions under the current regulation requirements.

(2) Each lot shall contain sufficient square footage to meet minimum health requirements.

(3) General Requirements. Prior to large lot subdivision approval the applicant shall specify the proposed means of sewage disposal for the large lot subdivision. Every large lot subdivision shall have a method of sewage disposal which is reliable, safe, and meets all of the requirements of the state and county health regulations.

(4) Individual On-Site Sewage Systems. The land divider may choose to designate individual on-site sewage systems as the means for sewage disposal in a large lot subdivision unless a public sewer system is available. If the large lot subdivision is to be served by an individual on-site sewage disposal system, each system shall be entirely contained on the same lot as the dwelling which it is intended to serve or on other land on which the lot owner possesses an easement interest. Prior to large lot subdivision approval, the environmental services section shall determine whether soils on each lot will safely accommodate individual on-site systems if such systems are properly constructed and managed. If conditions are found to be unsuitable for individual on-site sewage systems, or such systems cannot be accomplished consistent with state and county health regulations, individual on-site sewage systems shall not be allowed. When individual on-site sewage systems are to serve a large lot subdivision’s sewage disposal needs, this shall be so stated on the final large lot subdivision map. It shall be the responsibility of each individual lot owner to obtain required on-site sewage disposal systems pursuant to the state and county health regulations.

(5) Community On-Site Sewage Systems. When the Lewis County environmental services section determines that individual disposal systems to serve each lot are unsuitable, and a public sewer system is not available, the land divider may, if feasible, install an on-site community disposal system. The on-site community sewage system need not serve lots which can accommodate individual on-site sewage disposal systems. Prior to large lot subdivision approval the community system shall be constructed by the land applicant in accordance with engineering plans approved by all public agencies of jurisdiction. The large lot subdivision lot owner’s association, or an approved public utility that is qualified to operate and maintain on-site sewage systems, shall manage the community disposal system. Maintenance and operation of the system shall be consistent with all state health and environmental requirements. When an on-site community sewage system is to be utilized to serve the large lot subdivision’s disposal needs, the system shall be entirely within the subdivision or large lot subdivision boundaries or on land controlled by the system ownership.

(6) Public Sewer System. When a public sewer system is available to serve the large lot subdivision, then all lots shall utilize the sewer system to satisfy its sewage disposal requirements in compliance with Lewis County Board of Health Ordinance H-98-326, and as amended, Section 12 (LCC 8.40.070).

(7) Large lot subdivisions contiguous to lakes, streams, or other bodies of water shall be required to take the following precaution to prevent pollution of said bodies of water from septic tank effluent: A setback line from the ordinary high water mark consistent with state health law shall be established, within which no part of a sewage storage, treatment or disposal facility shall be established. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,X, 2000]

16.12.480 Water supply standards.

(1) Lots which exceed the minimum land area requirements of “The Sewage System Rules and Regulations of the Lewis County Board of Health” for individual wells and septic systems do not need to be served by an approved public water supply system; provided, that the large lot subdivision meets the following: Prior to the final approval of the large lot subdivision the applicant shall demonstrate to the environmental services section that a potable water source is available to serve all lots. If the environmental health officer is uncertain regarding the ability of the water source to provide long-term safe and adequate water to the subdivision, the applicant shall be required to conduct a water source study completed by a qualified professional.

(a) Prior to large lot subdivision approval, subdivisions proposing individual wells for source water may be required to drill one well per plat. The demonstrated well shall provide at least 400 gallons per day as evidenced in a pump test or well driller’s log. The quality of water shall be approved by the Lewis County environmental services section, including location and construction as per well log, site plan and/or site visit, bacteria, nitrates, and possibly arsenic. If the water source does not meet these standards, such fact shall be a basis to deny the large lot subdivision if no other means of providing water to the large lot subdivision can be accomplished.

(2) Approved Public Water System. An approved public water system shall be provided to each lot with less than the minimum gross land area required by current on-site regulations for individual septic systems and wells. The applicant shall provide a public water supply facility and a complete water distribution system and may dedicate it to a large lot subdivision lot owner’s association, or a public agency if a satellite maintenance agency approved by the Lewis County environmental services section is unavailable. The dedication shall include a water supply and distribution system which includes the well, reservoir and/or treatment system and the land upon which they are located or upon land which the lot owner’s association shall have control and shall grant utility easements for the distribution system. The applicant may retain ownership of the system or dedicate it to a responsible person, either of which shall operate and maintain the system consistent with state requirements if a satellite management system is unavailable.

(3) Subdivision Water Supply System - Commitment. An approved public water system which has been developed and approved to serve a large lot subdivision shall be reserved for the exclusive use of the large lot subdivision; provided, that service connections located outside of the subdivision, in excess of those required to serve the total number of lots within the large lot subdivision, may be authorized by the entity or person owning the system. The public water system must also demonstrate substantial compliance with Chapter 246-290 or 246-291 WAC, as now or hereafter amended, including monitoring data on record, satisfactory construction records and plans on file, and not under any compliance or enforcement order. The public water system shall also demonstrate adequate water rights, if required, from the Washington State Department of Ecology. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,Y, 2000]

Article VII. Assessor Notification

16.12.490 Segregation notification.

When it comes to the attention of the assessor of Lewis County that a division of land that appears to be subject to the requirements of this chapter has been made but not contained within a large lot subdivision map, he shall forthwith notify the planning section of such division. Upon investigation, should the planning section consider the division as an illegal large lot subdivision, the planning section shall notify the Lewis County prosecuting attorney. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,Z, 2000]

Article VIII. Simple Segregations - Alternate Procedure

16.12.500 Definition.

A simple segregation is the creation of up to four tracts, five acres in size or larger, leaving no tract less than five acres in size. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,AA, 2000]

16.12.510 Purpose.

The purpose of this section is to create an alternate process to facilitate the occasional segregation of a simple segregation tract, where the purposes of this section are otherwise met. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,BB, 2000]

16.12.520 Application and approval.

(1) Simple segregations shall be processed as a Type I application.

(2) The applicant shall show that the proposed tract is lawfully zoned for five-acre tracts and has lawful access to public road.

(3) To show suitability of the land for current development, the owner of the tracts to be sold or the applicant for a building permit on a lot must show:

(a) The tract has access to water as required by state law.

(b) The tract has a suitable building site outside of critical areas and is consistent with criteria in the critical areas ordinance.

(c) The tract has a conforming septic and reserve area consistent with Health Department requirements, Chapters 8.40 and 8.41 LCC.

(4) Upon written findings that the two items in subsection (2) of this section are satisfied, the administrator shall approve the simple segregation, which shall be recorded. The conditions of approval shall provide all tracts are legal lots of record for purposes of sale, but with no warranty that the lots are buildable under county rules and regulations. If the applicant submits the additional information required in subsection (3) of this section, the administrator may include a written finding and conditions that the lot is a lawful building lot as of the date of approval. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,CC, 2000]

16.12.530 Limit on further segregation.

No lot in a recorded segregation may be further divided within a period of five years from the date of recording without filing for a plat, short subdivision, or large lot subdivision as provided in this chapter. [Ord. 1269 §5, 2016; Ord. 1169, §1,V,DD, 2000]