This chapter of the Jefferson County Unified Development Code is adopted under the authority of Chapter 58.17 RCW.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
The purpose of this chapter is to regulate the division of land lying within Jefferson County, and to promote the public health, safety, and general welfare in accordance with the standards established by the state of Washington and Jefferson County, and to:
(1)
Prevent the overcrowding of land;
(2)
Lessen congestion and promote safe and convenient travel by the public on sidewalks, pathways, streets and highways;
(3)
Promote the efficient use of land;
(4)
Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools, parks, recreational areas, fire protection and other capital requirements;
(5)
Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate legal description;
(6)
Facilitate the expeditious processing of development applications through the adoption of clear, predictable and uniformly applied land division regulations; and
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1)
This chapter applies to the division of land into four parcels for short subdivisions and of five or more parcels for long subdivisions. This chapter further applies to boundary line adjustments and binding site plan review and regulation.
(2)
Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions set forth in this chapter.
(3)
The process for resubdivision, alteration and vacation of any existing subdivision is identical to the process for initial subdivision. All such subdivision applications shall conform with the applicable sections in this chapter governing the subdivision of property into lots, tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria set forth in RCW 58.17.212, as now adopted or hereafter amended.
(4)
Where this chapter imposes greater restrictions or higher standards upon the development of land than other provisions of this code, laws, ordinances or restrictive covenants, the provisions of this chapter shall prevail.
(Ord. 8-06 § 1; Ord. 11-23 § 8 (Att. A); Ord. 9-24 § 3 (App. A (Exh. 2)))
This chapter does not apply to the following:
(1)
Divisions of land into lots, tracts or parcels each one of which is one-sixteenth of a section of land or larger, or 40 acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of a lot that borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the street or road and the side lot lines of the lot running perpendicular to such center line; and provided further, that within the commercial forest district (i.e., CF-80), each lot, tract or parcel shall be at least 80 acres in size;
(2)
Cemeteries and burial plots while used for that purpose;
(3)
Divisions of land made by testamentary provisions or the laws of descent; provided, that this exemption shall not be construed to permit inter vivos transfers, and provided further, that any structure or use on the property must comply with all other applicable county regulations; and
(4)
Divisions of land relating to the acquisition of a fee simple interest in land by public agencies, including, but not limited to, divisions made for road or public right-of-way conveyance or widening purposes. This exemption shall not be construed to include acquisitions of easements.
(Ord. 8-06 § 1; Ord. 9-24 § 3 (App. A (Exh. 2)))
(1)
Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any person, firm, corporation or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to compliance with this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter is deemed a separate and distinct offense. If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of a short plat or long plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited in an escrow account and no disbursements to sellers are permitted until the final plat is recorded. This prohibition of property transfers prior to compliance with this chapter shall apply equally to transfers prior to completion of short subdivisions, long subdivisions and binding site plans.
(2)
JCC Title 19 Applicable. In addition to the penalties provided in this section, all violations of any provision of this chapter or any incorporated standards, or conditions of any permit issued hereunder, are subject to the provisions of JCC Title 19. The administrator is authorized to enforce the provisions of this chapter in accordance with JCC Title 19.
(3)
Other Enforcement Action. In the event an applicant for a short subdivision, long subdivision, or binding site plan fails and refuses to install required improvements in the time required by any preliminary or final approval, the county may withhold further building or other development permits, make demand against any bonds, collect monies deposited in escrow to secure installation of improvements, initiate a local improvement district, or take such other action as may be necessary to cause the improvements to be made.
(Ord. 8-06 § 1; Ord. 9-20 § 2 (Appx. B); Ord. 9-24 § 3 (App. A (Exh. 2)))