Chapter 21.06
FINAL LONG SUBDIVISIONS*
Sections:
21.06.015 Director authorized.
21.06.020 Final approval of subdivisions.
21.06.030 Subdivision vacation and alteration.
21.06.070 Disclosures and notes.
*Prior legislative history: Ord. 2009-007 repealed Ch. 21.06. Ords. 2000-056, 2002-017 and 2004-031 were formerly codified in the chapter.
21.06.010 Purpose.
The purpose of this chapter is to establish or reference the procedure and requirements for the application, review and approval of final long subdivisions. The procedure is intended to provide orderly and expeditious processing of such applications. (Ord. 2018-032 § 1 (Exh. E); Ord. 2009-007 § 1).
21.06.015 Director authorized.
The planing and development services director (director) is authorized to act on behalf of the legislative authority or county council in the signing of final subdivision plats pursuant to the requirements set forth in this chapter. (Ord. 2018-032 § 1 (Exh. E); Ord. 2009-007 § 1).
21.06.020 Final approval of subdivisions.
(1) An applicant requesting final approval of a subdivision shall submit to the subdivision administrator copies of the materials specified in the department’s administrative manual.
(2) The applicant shall submit a current title report issued no more than 60 days prior to the director signing the final plat original drawing. The owner of record and the surveyor of record shall sign the final plat original drawing prior to filing it for record with the county auditor. In addition, the applicant shall submit one paper copy to the county assessor.
(3) Each final plat submitted to the director for approval shall be accompanied by a recommendation for approval or disapproval from the subdivision administrator as to compliance with the terms of preliminary plat approval. Prior to making his or her recommendation, the subdivision administrator should consult with the appropriate city, if the proposed land division is located within that city’s urban growth area.
(4) Final plats shall contain a statement of approval from the following:
(a) The county engineer as to the layout of streets, alleys, and other rights-of-way, and the design of bridges, sanitary sewer and water systems, drainage and surface water management facilities, and other physical improvements required by the conditions of preliminary plat approval;
(b) The county treasurer stating that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged;
(c) The county health and human services department as to the adequacy of potable water supply and sewage disposal; and
(d) The director stating that the final plat conforms to all terms of the preliminary subdivision approval, meets the requirements of Chapter 58.17 RCW and other applicable state laws, and meets the requirements of this title that were in effect at the time of vesting of the preliminary plat application.
(5) Final plats shall be approved, disapproved, or returned to the applicant for modification or correction within 30 calendar days of submittal to the planning and development services department.
(6) The Whatcom County auditor shall not accept a final plat for filing until it has been accepted by the approving authorities as indicated on the instrument by the appropriate signature. The signature of the approving authorities shall not be affixed until the developer has posted the guarantees as stipulated in the appropriate standards.
(7) After approval by the director, the original drawing of the subdivision shall immediately be filed by the professional land surveyor of record with the county auditor. (Ord. 2018-032 § 1 (Exh. E); Ord. 2009-007 § 1).
21.06.030 Subdivision vacation and alteration.
(1) The vacation and alteration of subdivisions shall be in accordance with RCW 58.17.212 and 58.17.215, respectively.
(2) Alteration of subdivisions shall meet the following requirements:
(a) The alteration shall result in a lot(s) that qualifies as a valid land use pursuant to Whatcom County Code, including but not limited to lot area, lot width, building setbacks, critical areas protection or shorelines protection;
(b) The alteration shall not cause boundary lines to cross zoning or UGA boundaries, cross on-site sewage disposal systems or their reserve areas, prevent suitable area for on-site sewage disposal systems, prevent adequate access to water supplies, or not meet fire protection standards;
(c) The alteration will not detrimentally affect access, access design, sight distance, grade, road geometry or other public safety and welfare concerns. The alteration shall be reviewed by the department of health, public works, and any other agency or department with expertise;
(d) Complies with zoning, land division regulations and development regulations applicable to the alteration that are in effect at the time the application for the alteration was submitted; and
(e) Complies with development standards applicable to the alteration that are in effect at the time the application for the alteration was submitted.
(3) Vacation of subdivisions shall meet the following requirements:
(a) The application shall include a written description of the vacation, the reasons for the vacation, and a map showing the vacation.
(b) The vacation shall be approved if the vacation does not conflict with the public interest.
(c) An order of vacation containing the signatures of all parties having an ownership interest in the plat or the portion of the plat being vacated shall be filed for record with the county auditor. The order shall state that the vacation is with the free consent and in accordance with the desires of the owners.
(d) Title to the vacated property shall vest with the rightful owner(s) as shown in the county records.
(e) Vacations – Involving Public Dedications. The vacation and alteration of a subdivision shall be processed in accordance with RCW 58.17.212 and 58.17.215, respectively, when the alteration or vacation eliminates or reduces the width or length of a public dedication.
(4) A new original drawing shall be submitted for approved alterations or vacations. The original drawing shall be prepared in accordance with the requirements of the department’s administrative manual and filed for record with the county auditor. (Ord. 2018-032 § 1 (Exh. E); Ord. 2009-007 § 1).
21.06.040 Security.
As an alternate to complete installation of required improvements, the applicant may propose to post securities consistent with WCC 22.05.134 (Security mechanisms). No occupancy permit, final inspection, or use of the lot(s) created by a subdivision shall be issued or allowed until all necessary infrastructure improvements as specified by this title have been met. (Ord. 2023-018 § 1 (Exh. A); Ord. 2018-032 § 1 (Exh. E); Ord. 2009-007 § 1).
21.06.050 Reserved.
Repealed by Ord. 2018-032. (Ord. 2009-007 § 1).
21.06.060 Reserved.
Repealed by Ord. 2018-032. (Ord. 2009-007 § 1).
21.06.070 Disclosures and notes.
The following disclosures and notes, if applicable, shall be recorded in the county auditor’s office and a statement identifying the subject and the auditor’s file number for each such instrument shall be on the final plat map under surveyor’s notes prior to final approval by the county:
(1) Right to farm, right to practice forestry, or mineral resource disclosures.
(2) Critical area notes and protective easements as required.
(3) Boundary discrepancies.
(4) Drainage maintenance agreement block.
(5) Road maintenance agreement block (private roads only).
(6) Significant pipeline in vicinity disclosure when the subject property is within 500 feet of a pipeline shown on Map 5-2, Chapter 5 of the Whatcom County Comprehensive Plan. (Ord. 2018-032 § 1 (Exh. E); Ord. 2016-035 § 1 (Exh. A), 2016; Ord. 2009-007 § 1).