This chapter shall be called the "Cowlitz County Large Lot Subdivision Code."
(Ord. 98-007 § 1, 1-20-1998)
The purposes of this chapter are as follows:
A.
To promote and protect the public health, safety and general welfare;
B.
To promote orderly growth patterns and development of large rural acreage tracts;
C.
To provide adequate firefighting equipment access to homes on large rural lots;
D.
To promote orderly development and establishment of roadways and easements to provide for adequate and safe traffic circulation and movement in large lot developments as well as plan for future development and roadway needs;
E.
To ensure that on-site sewage disposal systems are adequate to support complete build out of all lots in the subdivision;
F.
To provide for public utilities;
G.
To maintain and perpetuate environmental quality;
H.
To provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards, local plans and policies;
I.
To require uniform placement of monuments demarcating land division and conveying by accurate legal description.
(Ord. 98-007 § 2, 1-20-1998)
For purposes of this chapter the following definitions shall apply:
means the Auditor of Cowlitz County, Washington.
means the Board of Commissioners of Cowlitz County.
means a change in the location of lot lines which does not result in an increase in the number of lots.
means a coordinated plan for the physical development of the county, designating among other things, elements and programs to encourage the appropriate use of the land to lessen congestion throughout the county in the interest of public health, safety and welfare and promote efficiency and economy. For the purposes of this chapter, the Comprehensive Plan is the text and map as adopted by the Board and thereafter amended.
means Cowlitz County, Washington.
means any day the County Administration Building is open for business, unless otherwise specified.
means the deliberate allocation of land by the owner for any general and public uses, reserving to himself no other rights than such as one compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing.
means the Department of Building and Planning, Cowlitz County.
means the Director of the Cowlitz County Department of Building and Planning or designee.
means the Cowlitz County Fire/Life Safety Coordinator or his/her designee.
means the Hearings Examiner of Cowlitz County, Washington.
means every division or redivision of land into two or more lots, each of which is equal to or larger than five acres in size and any one is less than 10 acres in size.
means the map, sketch or other representation filed with the Department showing the ultimate development pattern of a parcel of property that is to be developed in successive stages or phases. The plan need not be fully engineered but shall be of sufficient detail to illustrate the property's inherent features and probable development pattern. The master plan will be used as a guide in each successive stage of development until its completion.
means the method of subdividing property in stages. This method of subdividing enables the developer to gain approval for an entire project that will be built in stages or phases.
means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks and streets or other divisions or dedications.
means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, lots, blocks and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
For purposes of this chapter, "subdivision" means large lot subdivision.
means a large lot short subdivision, involving 24 acres or less of land, where each lot has frontage on a public county road and no additional access road or easement is required to serve any of the lots in the subdivision.
means a person authorized to practice the profession of land surveying under the provisions of Chapter 18.43 RCW (Engineers and Land Surveyors Registration), as now or hereafter amended.
(Ord. 98-007 § 3, 1-20-1998)
The regulations contained in this chapter shall apply to every division of land into two or more lots, tracts, parcels, sites or divisions for sale, lease or transfer of ownership, whether immediate or future, where each lot is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, and any lot is less than 10 acres in size, unless exempted by CCC § 18.38.050. For the purpose of computing the area of any lot under this item which borders on a road, the lot size shall be expanded to include the area which is bounded by the centerline of the road and the side lines of the lot extended along the same bearing as the closest section of the applicable side lot line to the road right-of-way centerline.
(Ord. 98-007 § 4, 1-20-1998)
The provisions of this chapter shall not apply to the following:
A.
Cemeteries and other burial plots, while used for that purpose;
B.
Divisions made by testamentary provisions or the laws of descent;
D.
Boundary line adjustments;
E.
Divisions of land for sale or lease to an agency or division of government vested with the power of eminent domain;
F.
All divisions of land into lots, tracts or parcels prior to the effective date of this chapter, as evidenced by public record through the payment of excise tax, recording of the deed, contract of sale or a recorded survey in the Auditor's office or a tax segregation in the Assessor's office;
H.
Divisions of land into lots or tracts each of which is one sixty-fourth of a section of land, or larger, or 10 acres or larger if the land is not capable of description as a fraction of a section of land; provided the division is in conformance with the minimum lot size designated by the Cowlitz County Land Use Ordinance (Chapter 18.10 CCC) or in the unzoned areas of Cowlitz County, the Cowlitz County Comprehensive Plan;
I.
Land leased for bona fide timber or agricultural activities, provided a building or development permit is not required.
(Ord. 98-007 § 5, 1-20-1998)
All applications for large lot subdivision approval under this chapter shall be made to the Cowlitz County Department of Building and Planning. It shall be the duty of the Director to process any application pursuant to this chapter, and to administer the provisions of this chapter. The Director shall approve and require the use of any forms deemed desirable to implement the provisions of this chapter. The Director shall maintain records for all large lot subdivision decisions. Such records shall be made available for public review upon request.
(Ord. 98-007 § 6, 1-20-1998)
Prior to the filing of a large lot subdivision application, the subdivider is encouraged to discuss the preliminary plat application process, large lot subdivision requirements and the proposal with the Department staff. At this time, all pertinent information that may be on file relating to the proposal shall be made available. The consultation should take place prior to a survey or detailed work by an engineer or surveyor. There is no fee for pre-application consultation and administrative assistance. However, this service shall not, and is not intended to, include field inspection or extensive correspondence. The subdivider is responsible for discussing a proposed subdivision with departments and agencies with jurisdiction (see CCC § 18.38.100) on a preliminary basis to establish any special requirements or consideration affecting the proposal.
(Ord. 98-007 § 7, 1-20-1998)
Any person proposing to create a large lot subdivision shall submit an application to the Department on such forms as may be required by the Director together with all applicable fees. A complete application shall contain the following information:
A.
A master application containing the name, address and telephone number of the applicant and all persons with an ownership interest in the property;
B.
Notarized statement consenting to the proposed subdivision signed by all persons owning, or having an ownership interest in the land being subdivided;
C.
A copy of the current deed, a legal description of the property including section, township and range, parcel and tax lot numbers, total acreage (if not contained in the current deed), and a current assessor's map, including the scale of the property and surrounding parcels within 500 feet;
D.
A vicinity map;
E.
A copy of the approved forest practices application, if the property has been logged within the past six years.
(Ord. 98-007 § 8, 1-20-1998)
For any proposed large lot subdivision not qualifying for expedited review as defined in this chapter, a complete application shall include, in addition to the requirements of CCC § 18.38.080, the following supplemental information:
A.
Fifteen copies of a preliminary plat map prepared at an appropriate scale and in detail sufficient to indicate the essential characteristics of the subdivision including the plat name, north arrow, date prepared, the dimensions, size and design of lots, the location, right-of-way and pavement or travel way widths of roads, ownership of roads, the location of any existing and proposed reservations and easements, the provision of improvements and utility services, existing well locations on or within 100 feet of the property, existing septic tank drainfield locations on or within 100 feet of the property, the existing or proposed drainage, the conformity of the subdivision to surrounding lands and streets and any other information necessary to enable the Director to review the proposed large lot subdivision;
B.
Current land uses of all properties located within 500 feet of the boundaries of the subject property;
C.
An indication of the history of previous subdivisions of the property;
D.
A signed and completed environmental checklist;
E.
Name of the surveyor who will be preparing the final large lot subdivision plat;
F.
If the large lot subdivision is proposed to be developed in phases, a master plan for the entire parcel shall be required. The plan shall be sufficient to show the road pattern and general arrangement so that each phase will be coordinated with the entire tract when fully developed;
G.
Large lot subdivisions containing four or fewer lots do not require topographic information. On all other preliminary plats, topographic contours at no less than five-foot intervals shall be required for all areas involving public and private roads to ensure road gradients meet applicable road standards. The Director will consult available information, including United States Geological Survey (USGS) quadrangle maps and maps of soil types to determine the approximate slopes of the land proposed for subdivision. If available information indicates slopes of 30 percent or more exist on certain portions of the property to be subdivided, the Director shall require topographic contours be provided;
H.
The ingress and egress from existing or proposed private or public roads;
I.
The proposed name(s) of any private road(s);
J.
A supplemental statement indicating that the applicant shall permit free access to the land being divided to all public agencies considering the large lot subdivision for a period of time extending from the time of application to the time of final action. The public agencies shall make a good faith effort to notify the applicants when a site inspection will be made.
The Director may waive one or more of the requirements for information required by this section, including topography, when in his/her opinion submittal of such information is unnecessary to furnish a basis for review of the application given the specific characteristics of the property proposed for subdivision.
(Ord. 98-007 § 9, 1-20-1998)
A.
Subdivisions qualifying for expedited review, as defined by this chapter, shall be exempt from compliance with this section. For all other proposed subdivisions, when the Director determines that the application contains sufficient elements and data to furnish a basis for review, copies of the application shall, within 10 days, be distributed to the following:
1.
County Engineer;
2.
Health Officer;
3.
County Fire Marshal;
4.
Local Fire District;
5.
Cowlitz Public Utility District;
6.
School District;
7.
County Sheriff;
8.
Geographic Information Systems Department;
9.
Any city, town or special district that is to provide utility services;
10.
Washington State Department of Transportation when proposed plat is within two miles of a state or municipal airport;
11.
Any other federal, state or local agency which may have an interest in the proposal as determined by the Director.
B.
1.
All findings and recommendations shall be returned to the Director within 15 days of receipt. If the findings and recommendations are not so returned, then the Director may make such findings as he/she deems just.
2.
The Director shall coordinate and assemble the reviews of the various departments and agencies and shall prepare a report summarizing the factors involved. The Director shall grant preliminary approval, preliminary approval with conditions, or deny the proposed large lot subdivision. Any denial of an application by the Director shall be based on a determination that the proposed application is inconsistent with the purposes of this chapter and/or the application fails to meet the standards and requirements of CCC § 18.38.110 and § 18.38.120. Any determination shall be rendered in writing and include findings in support of the decision and conditions for preliminary plat approval. Findings shall include:
a.
Whether appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets or roads, alleys or other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school.
b.
Whether the public interest will be served by the subdivision and dedication (if applicable).
3.
The Director's determination shall be issued within 30 days of closing of the agency review period unless the applicant consents to an extension of time; provided, the application has complied with the State Environmental Policy Act.
4.
Preliminary plat approval shall be valid for a period of five years, during which time an application for final plat meeting all the requirements of approval and this chapter may be made. Large lot divisions for which preliminary approval has expired will require a new application to be filed, if reconsideration is desired.
(Ord. 16-040 § 4, 3-15-2016; Ord. 16-041 § 2, 3-15-2016)
All large lot subdivisions shall meet the following standards and requirements:
A.
Road and driveway approaches from the lots on to a public road shall be provided in a manner approved by the Public Works Department.
B.
The addresses of all new lots shall be shown on the final plat.
C.
The applicant shall demonstrate each lot is suitable for a septic tank or approved alternate sanitary waste disposal system that meets state health regulations prior to submitting the final large lot subdivision plat for approval and recording.
D.
Surveys shall be required for all large lot subdivisions. The final plat shall be signed and stamped by a licensed surveyor in accordance with Chapter 58.09 RCW (Survey Recording Act) and Chapter 332-130 WAC (Minimum Standards for Land Boundary Surveys and Geodetic Control Surveys and Guidelines for the Preparation of Land Descriptions).
E.
The dimensions of all new lots shall be adequate to accommodate a well and the required on-site wastewater disposal system. If any portion of the required drainfield area and/or reserve drainfield area is not located entirely upon such lot, protection easements shall be required for those portions located off-site.
F.
The minimum size of any lot within the proposed large lot subdivision shall be in conformance with the Cowlitz County Land Use Ordinance. In the unzoned areas of Cowlitz County, the minimum lot size shall be the recommended density set forth in and as designated by the County Comprehensive Plan.
(Ord. 98-007 § 11, 1-20-1998; Ord. 15-039 § 7, 3-24-2015)
All large lot subdivisions not qualifying for expedited review, as defined by this chapter, shall meet the following standards and requirements:
A.
All private roads must be constructed prior to final large lot subdivision approval. If the subdivision is constructed in phases, all private roads necessary to serve that phase shall be constructed prior to final approval.
B.
Plans and specifications for all private roads located within the large lot subdivision shall be submitted to the Cowlitz County Fire Marshal for review and approval. Such roads shall be in conformance with the fire apparatus access road standards (Part III, Article 9, of the 1994 Uniform Fire Code, or as otherwise adopted by Cowlitz County).
C.
Final large lot subdivision approval shall not be granted for any plat served by a private road located within a large lot subdivision prior to final inspection and approval of the private road by the County Fire Marshal.
D.
The applicant shall execute and record a road maintenance agreement to covenant all lots within the large lot subdivision served by private roads, prior to submitting a final large lot subdivision plat for approval and recording. The face of the final large lot subdivision plat shall reference the road maintenance agreement covenants. Each road maintenance agreement shall contain the following provisions:
1.
Surveyed centerline description of the private road easement or access tract, including all bearings, distances and curve data;
2.
The approved name(s) of the private road(s);
3.
Any owner or subsequent purchaser of lots within the large lot subdivision shall equitably bear the financial cost and responsibility of maintenance of the private road(s) and signs contained therein.
E.
The applicant shall provide for the installation of the primary electric backbone system as required to make electric service available to all lots within the large lot subdivision. Facility extensions required for individual service connections to the backbone system shall be the responsibility of the individual lot owners.
(Ord. 98-007 § 12, 1-20-1998)
Final approval is required for all large lot subdivisions. Applicants for final large lot subdivision approval shall submit two copies of the final large lot subdivision plat for approval drawn in black ink on mylar or paper sheets, measuring 18 inches by 24 inches, together with any supplementary documents and applicable fees required under this chapter. The face of the final large lot subdivision plat shall include the following:
A.
Scale, north arrow, point of beginning and basis of bearing;
B.
The bearings and distances of the boundary lines of the tract to be subdivided, and of each lot contained therein, drawn to scale;
C.
Lot number, address and area of each lot;
D.
Location, name, right-of-way width and pavement or access way width of all roads, including roads providing access to the subdivision, and the purpose and width of any easements; private roads shall be labeled as "nonexclusive private road and utility easements";
E.
Locations of all approved septic system drainfield areas and the following language:
RESTRICTION: No wells are permitted within 100 feet of septic drainfield and reserve areas. No construction, grading, filling, placement of buildings, driveways or parking areas shall be permitted within the drainfield and drainfield replacement areas, except as provided in Chapter 246-272 WAC (On-Site Sewage Systems). Locations of septic drainfield areas shown on this plat can be moved with proper authorization from the Cowlitz County Health Department. |
F.
If the subdivision is in a high or extreme fire hazard area, as identified by the Washington State Department of Natural Resources, the following language shall be shown on the final plat:
Additional fire safety measures may be required for structures built within this plat. Contact the county fire marshal for additional information or requirements. |
G.
If the subdivision is not within a fire protection district, the following language shall be shown on the final plat:
This subdivision is located outside the response area of any fire protection district, therefore emergency response for fire or medical assistance may be delayed or not available. |
H.
Signature block for the Director as follows:
Examined and Approved this ____ day of ____________, ____. |
______________________________ Cowlitz Co. Building and Planning Director |
I.
Signature block for the County Assessor as follows:
Examined and Approved this ____ day of ____________, ____. |
______________________________ Cowlitz County Assessor |
J.
Signature block for the County Treasurer as follows:
I hereby certify that all taxes on the land described hereon have been fully paid to and including the year of ________. |
______________________________ Cowlitz County Treasurer |
K.
If required by the Director, the face of the final large lot subdivision plat shall contain the following language:
Cowlitz County has no responsibility to build, improve, maintain or otherwise service the private roads contained within this plat. |
The developer of this property has not been required to demonstrate a potable water source for this subdivision. Pursuant to RCW 19.27.097, each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. |
The approval of this large lot subdivision does not guarantee the issuance of any other permits. |
L.
The final plat shall be signed and stamped by a registered land surveyor, and contain the following:
SURVEYOR'S CERTIFICATE: This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of ______________ in ___________, ____. |
(Signed and sealed) _________________ |
M.
Auditor's Certificate, as follows:
AUDITOR'S CERTIFICATE: Filed for record this ___ day of _________, ____, at ___, in book ____, of ____, at page ___, at the request of ___________________. |
Signed____________________ County Auditor |
____________________ Deputy County Auditor |
N.
Signatures, which are certified by a notary public, of all individuals having an interest in the property as identified on the title report.
(Ord. 16-113 § 3, 9-20-2016)
Each final plat shall be accompanied by a title report, issued within 30 days of recording, confirming that the title of the lands as described and shown on the final plat is in the name of the owners signing the consent statement. Large lot subdivisions not qualifying for expedited review, as defined by this chapter, shall be accompanied by the following:
A.
Road maintenance agreement or declaration of covenants, conditions and restrictions which include road maintenance provisions to be recorded subsequent to or with the final plat;
B.
Letter of acceptance from the Cowlitz County Public Utility District Number 1 for all required utility extensions.
The Director shall act on completed applications for final plat approval within not more than 30 days.
(Ord. 98-007 § 14, 1-20-1998)
A.
No person shall sell, lease or transfer any parcel of real property subject to the requirements of this chapter without full compliance with its terms. All development permits for the improvement of any lot subject to the requirements of this chapter shall be withheld until the provisions of the chapter are met. The Director may revoke county development permits on parcels divided and transferred or leased in violation of this chapter.
B.
Each purchaser and transferee may rescind the sale and recover their damages from any individual, firm, corporation or agent selling or transferring real property in violation of this chapter, as well as the cost of investigations, suit and reasonable attorneys' fees occasioned thereby.
C.
An application for building permit, septic tank permit, or other development permit for any land divided in violation of state law or this chapter shall not be granted without prior approval of the Director as an exception for innocent purchaser for value, as provided in this chapter.
(Ord. 98-007 § 15, 1-20-1998; Ord. 16-114 § 4, 9-20-2016)
A.
A request for exception for innocent purchaser for value shall be filed with a notarized affidavit attesting to and demonstrating the following:
1.
The applicant purchased the lot, tract, or parcel for market value, not reflecting the illegal division; and
2.
The applicant did not know, and could not have known by the exercise of care, which a reasonable purchaser would have used in purchasing land, that the lot, tract or parcel had been part of a larger lot, tract or parcel divided in violation of the state law or this chapter.
B.
An exception for innocent purchaser shall be granted to an individual person or entity only once. If more than one lot, tract or parcel is involved in the request, the review shall be discretionary as provided in subsection D of this section.
C.
Mandatory Approval. The Director shall determine that parcels meeting the following criteria are lots of record:
1.
Zoning/Comprehensive Plan. The parcel meets the minimum dimensional requirements currently in effect, including lot size, dimensions, etc.
2.
Platting.
a.
Improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present or completed; or
b.
The property owner completes conditions of approval such as, but not limited to, road, sidewalk, stormwater improvements, etc., which the Director determines would otherwise have been imposed if the parcel had been established through platting under current standards. Permits and fees may be required for subject improvements.
3.
Public Interest. Public health, safety and welfare will not be adversely affected by the granting of an exception for innocent purchaser. This may include certification that the proposed means of sewage disposal and water supply to the property is adequate, and/or that there is adequate access.
D.
Discretionary Approval. The Director may, but is not obligated to, determine that parcels meeting the following are lots of record:
1.
Zoning/Comprehensive Plan. The parcel lacks sufficient area or dimension to meet current requirements, such as lot size, dimensions, frontage, etc.
2.
Compatibility. The parcel size is generally consistent with surrounding lots of record within 1,000 feet, or appropriate mitigation can be provided to offset impacts to neighborhood character.
3.
Platting.
a.
Improvements or conditions of approval which would have been imposed if the parcel had been established through platting are already present or completed; or
b.
The property owner completes conditions of approval such as, but not limited to, road, sidewalk, stormwater improvements, etc., which the Director determines would otherwise have been imposed if the parcel had been established through platting under current standards. Permits and fees may be required subject improvements.
4.
Public Interest. Public health, safety and welfare will not be adversely affected by the granting of an exception for innocent purchaser. This may include certification that the proposed means of sewage disposal and water supply to the property is adequate, and/or that there is adequate access.
E.
All substandard contiguous lots created in violation of this chapter which are under the same ownership at the time of application for an exception for innocent purchaser shall be recognized only as a single lot. If an exception for innocent purchaser is granted, a new legal description shall be recorded reflecting the newly combined lot.
(Ord. 16-114 § 5, 9-20-2016)
A.
The Hearings Examiner or the Board of County Commissioners, at the discretion of the appellant, may review any interpretation of the provisions of this chapter made by the Director and any related order, requirement, decision or determination thereto made by him/her in the administration of the specific provisions in this chapter.
B.
Any such appeal shall be filed in writing with the Department along with the appropriate fee established from time to time by resolution of the Board of County Commissioners, within 20 calendar days of the issuance of the decision. The appeal shall specify the reasons therefor. The Director shall provide the Hearings Examiner or the Board of County Commissioners, as the case may be, with findings and documentation relating to the decision being appealed. The Hearings Examiner or the Board of County Commissioners, as the case may be, following a de novo hearing, may affirm, modify or reverse the interpretation of the provisions of this chapter and any related order, requirement, decision or determination made by the Director.
C.
Notice of the time, date and place of the hearing shall be sent to the appellant and the permittee by first class mail prior to the public hearing. Legal notice of the hearing shall be published in a newspaper of general circulation and the subject property shall be posted with such notice not less than 10 calendar days prior to the public hearing.
D.
Appeals of the Hearings Examiner decision or the Board of County Commissioners decision, as the case may be, shall be to a court of competent jurisdiction pursuant to the Land Use Petition Act, Chapter 347, Washington Laws, 1995.
(Ord. 98-007 § 16, 1-20-1998)
The fees for processing applications, appeals and for other administrative actions under this chapter shall be from time to time established by resolution by the Board.
(Ord. 98-007 § 17, 1-20-1998)
It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provision of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for the violation does not relieve a person from the duty to comply with this chapter.
(Ord. 98-007 § 18, 1-20-1998)
If any section, subsection, sentence, clause, phrase or any portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Board declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
(Ord. 98-007 § 19, 1-20-1998)
A.
The Auditor shall refuse to accept for filing any large lot final plat prepared pursuant to this chapter which does not bear the Director's certificate of approval.
B.
Should a large lot plat be filed without such a certificate, the prosecuting attorney shall be authorized to apply for a writ-of-mandate on behalf of the Director, directing the Auditor to remove the unapproved plat from the Auditor's files. Any unapproved final plat that is filed shall be void and of no legal force nor effect.
(Ord. 98-007 § 20, 1-20-1998)
This chapter shall become effective on April 20, 1998.
(Ord. 98-007 § 21, 1-20-1998)