Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Compliance with regulations.
16.04.055 SEPA and critical areas coordination.
16.04.060 Notice and appeal periods.
16.04.080 Boundary line adjustment.
16.04.085 Public purpose segregation.
16.04.010 Short title.
The ordinance codified in Chapters 16.04 through 16.40 OCC shall be known and cited as the Okanogan County subdivision code. (Ord. 95-7 § 1, 1995).
16.04.020 Compliance with regulations.
No division of land shall hereafter be made within the unincorporated territory of Okanogan County, Washington, except in full compliance with the provisions of this title and Chapter 58.17 RCW as it now exists or is hereafter amended. (Ord. 95-7 § 1, 1995).
16.04.030 Repealer.
Platting Ordinance No. 70-2, Short Plat Ordinance No. 74-3 and No. 85-5 are hereby repealed. (Ord. 95-7 § 1, 1995).
16.04.040 Purpose.
The provisions of this title are adopted to:
A. Comply with the requirements of Chapter 58.17 RCW;
B. Promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land;
C. Provide uniform standards and regulations for the division of land;
D. Lessen congestion in the streets and highways;
E. Promote effective use of land consistent with environmentally sensitive development practices;
F. Promote safe and convenient travel by the public on streets and highways;
G. Provide for adequate light and air;
H. Facilitate adequate provision for water, storm drainage sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements;
I. Provide for proper ingress and egress;
J. Provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies;
K. Adequately provide for the housing needs of the citizens of Okanogan County;
L. Implement State Environmental Policy Act Chapters 43.21C RCW and 197-11 WAC;
M. Require uniform monumentation of land subdivisions and conveyancing by accurate legal description;
N. Promote subdivision actions in accordance with the Okanogan County comprehensive plan; and
O. Promote the uniform and consistent addressing of parcels of land county-wide (E911). (Ord. 95-7 § 1, 1995).
16.04.050 Scope.
In their interpretation and application, the provisions of this title shall be held to be standard requirements, adopted for the general protection of the public health, safety and/or general welfare. All subdivision approval actions pursuant to this title shall conform to Okanogan County’s lawfully adopted plans, rules, regulations, and ordinances in effect at the time of application, including but not limited to the Okanogan County comprehensive plan, zoning ordinance, health code, shoreline master program, SEPA ordinance, and other such controls or land use regulations as may be subsequently adopted. (Ord. 95-7 § 1, 1995).
16.04.055 SEPA and critical areas coordination.
In addition to review for compliance under this chapter, all subdivisions, short subdivisions, binding site plans, and other types of land division proposed within Okanogan County also shall be reviewed for compliance with the provisions of the Washington State Environmental Policy Act Chapter 43.31C RCW, Chapter 197-11 WAC, the Okanogan County SEPA Ordinance No. 95-5 and Okanogan County Growth Management Critical Areas Regulations Ordinance 94-2, as hereinafter amended. Compliance with SEPA may necessitate preparation of an environmental impact statement and may require mitigation of specific adverse impacts of the proposed subdivision action consistent with the requirements of WAC 197-11-660 and Washington case law. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.04.060 Notice and appeal periods.
In the instance of a notice or appeal period established under the authority of this title, the termination of such period which happens to fall on a holiday or weekend shall be extended to the close of business of the next working day. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.04.065 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, the remainder of this title shall not be affected. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 95-7 § 1, 1995).
16.04.070 Exemptions.
Pursuant to RCW 58.17.040, the provisions of this title shall not apply to:
A. Cemeteries and other burial plots, while used for that purpose;
B. Exempt segregations of four or fewer parcels; provided, that the parent parcel was not created by a prior exempt segregation within the previous five-year period. (The large lot segregation process (OCC 16.10.020 and 16.10.030, exclusive of OCC 16.10.010), short plats, or subdivisions may be used to further segregate parcels at any time.) Divisions of land in accordance with the applicable zoning density or lot size requirements for the area into four or fewer lots or tracts not containing a dedication and none of which is less than 20 acres in area or one thirty-second of a section if the land is capable of description as a fraction of a section of land provided:
1. That for the purpose of computing the size of any lot under this item which borders on a private street or county road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline (state highways are not included);
2. That an exempt segregation application form be filled out and submitted to the office of planning and development;
3. Exempt segregations which are physically or functionally related, together creating five or more parcels, must comply with the provisions of Chapter 16.10 OCC, Large Lot Segregations;
C. Any division made by testamentary provisions or the laws of descent;
D. Binding site plans;
E. An alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient lot area and dimension to meet density and lot size requirements of the applicable zoning for the area and which is submitted for review together with all forms and required drawings and is approved in accordance with OCC 16.04.080; and
F. Divisions of land into lots or tracts if the improvements constructed or to be constructed thereon will 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; and Okanogan County has approved a binding site plan for all such land. (Ord. 2012-2 § 2 (Exh. A), 2012; Ord. 2007-6 § 2, 2007; Ord. 95-7 § 1, 1995).
16.04.080 Boundary line adjustment.
The Okanogan County office of planning and development director is administrator of this title. The administrator or the administrator’s designee may approve boundary adjustments under the following circumstances:
A. No new lots are created (e.g., if you start with two parcels you must end with two parcels);
B. The character of the parcels are not substantially altered (e.g., if a lot has access to a body of water, a boundary line adjustment may not be performed if the lot loses its access to the water);
C. The new parcel configurations contain sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site and septic system. A boundary line adjustment between existing nonconforming lots shall not result in lots of greater nonconformity with the exception of lot area (lot area reduction shall be the minimum necessary to accomplish the objective of boundary line adjustment); and
D. The new parcel configuration does not result in loss of access to a public or private road. Access may be provided by easement noted on parcel deeds.
An application form available from the Okanogan County office of planning and development shall be completed including the following information:
1. A legal description of the parcels involving the boundary line adjustment;
2. A legal description and appropriate drawing of sufficient accuracy and legibility to be recorded indicating the proposed new parcel boundaries;
3. A signature of all fee owners or authorized agents having authority to sign for properties involved in the boundary line adjustment;
4. The signature and stamp of a professional land surveyor, unless alternative method is approved by administrator; and
5. Conveying document.
The boundary line adjustment will not take effect until recorded with Okanogan County auditor’s office. The Okanogan County office of planning and development shall be responsible for recording of the boundary line adjustment.
E. The boundary line adjustment process cannot be used in conjunction with large lot segregations in order to adjust parcels to less than 20 acres, or one thirty-second of a section of land, as referenced in OCC 16.10.010. (Ord. 2007-6 § 2, 2007; Ord. 95-7 § 1, 1995).
16.04.085 Public purpose segregation.
The administrator may approve government or public purpose segregations as defined under OCC 16.08.135 under the following circumstances:
A. An application form available from the Okanogan County office of planning and development shall be completed including the following information:
1. A legal description of the entire property;
2. A legal description of the property to be separated and deeded; and
3. A statement of the specific public purpose;
4. Signature of all owners or their agents having authority to deed the property involved in the application and the body or agency to receive the property;
5. Sufficient information to determine whether the public purpose parcel and the remainder meets the standards of OCC 16.08.030, Buildable lot.
B. The segregation shall include a provision in the instrument of transfer that: “The subject property was created for (list purpose) under 16.04.085 of the Okanogan County Subdivision Code.”
If the parcel segregated does not meet the criteria for a “buildable lot” the following additional language shall be included on the instrument of transfer: “As long as the property is a public purpose parcel, building permits may be obtained consistent with the public purpose use for which the segregation was made; provided, that no structures for human habitation shall be erected. In the event that the parcel is no longer used for public purposes or passes out of the hands of the public entity, all zoning, subdivision, density requirements and other land use requirements must be met before any building permit can be obtained.” (Ord. 95-7 § 1, 1995).
16.04.090 Access.
Although strongly recommended, the county does not require that each new parcel that is created have legal, physical access to a county road or state highway. If a legal, physical access is not achieved through an easement, either public or private, then an indemnification form is required to be completed by the seller and buyer of any piece of land, and recorded in the auditor’s office. Such form shall state that there may not be legal or dedicated access to the parcel in question and that both parties hold the county harmless in case of any subsequent access problems (sample forms are available at the county). (Ord. 95-7 § 1,1995).