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HomeMy WebLinkAbout04 0526 92 ORDINANCE NO. 04-0526-92 JEFFERSON COUNTY SUBDIVISION ORDINANCE REPEALING AND REPLACING ORDINANCE NO. 1-75 JEFFERSON COUNTY BOARD OF COMMISSIONERS Larry Dennison, Chairman B.G. Brown, Commissioner Richard Wojt, Commissioner JEFFERSON COUNTY PLANNING COMMISSION Fred Grove, Chairman Thomas Berg, Member Robert Greenway, Member Penny Herrick, Member John IIIman, Member Gene Seton, Member Richard Shipman, Member Samuel Swanson, Member Janet Welch, Member JEFFERSON COUNTY PLANNING DEPARTMENT Craig Ward, Director James Holland, Senior Planner Jerry Smith, Associate Planner Jim Pearson, Associate Planner Keturah Brown, Assistant Planner Eric Toews, Assistant Planner David Young, Assistant Planner Michelle Grewell, Planning Technician JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS Gary A. Rowe, Director Carter Breskin, Planning and Programs Manager Robert Nesbitt, County Engineer Bruce Laurie, Civil Construction Coordinator Scott Kilmer, Planning Engineer TABLE OF CONTENTS SECTION I PURPOSES 1.10 Findings 1.20 Purposes 1.30 Enactment 1.40 Title 1.50 Short Title SECTION 2 DEFINITIONS 2.10 General 2.20 Tense and Number 2,30 Interpretation 2.40 Ordinance Administration 2.50 Definitions SECTION 3 SCOPE 3.10 3.20 3.30 3.40 Coverage Compliance with Comprehensive Plan Applicability Exemptions SECTION 4 ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY 4.10 4.20 4,30 4.40 4.5O 4.60 Health Department Department of Public Works Planning Department Planning Commission Hearing Examiner Board of County Commissioners SECTION 5 SHORT SUBDIVISIONS 5.10 Applicability 5.20 Administration 5.201 5.202 5.203 5.204 5,205 5.206 5.207 5.208 5.209 Preapplication Consultation Application Fees Public Notice Timetable Variance Requests Summary Approval Expiration Renewal Procedure PAGE 1 1 2 2 2 3 3 3 3 3 3 10 10 10 10 11 12 12 12 13 13 13 14 15 15 15 15 16 17 17 17 18 18 18 19 5.30 5.210 5.211 5.212 Design 5.301 5.302 5.303 5.304 5.305 5.306 5.307 5.308 Appeals Final Short Plat Resubdivision Lots Easements Transit/School Bus Stops Sidewalks Open Space Land State Environmental Policy Act Review Significant Natural Features Roads 5.401 Required Improvements 5.401 Roads 5.402 Off-Site Traffic Impacts 5.403 Bridges 5.404 Signs 5.405 Drainage 5.406 Water Supply 5.407 Sewage Disposal 5.408 Fire Protection 5.409 Electric and Telephone Service 5.410 Surveys 5.50 Inspections 5.60 Surety SECTION 6 LONG SUBDiViSiONS 6.10 Applicability 6.20 Administration 6.30 6.201 6.202 6.203 6.204 6.205 6.206 6.207 6.208 6.209 6.210 6.211 6.212 6.213 6.214 Design 6.301 6.302 6.303 Preapplication Consultation Application Fees Timetable Preliminary Review and Approval Process Public Notice Health, Public Works, and Planning Department Recommendations Public Hearing Hearing Examiner Recommendations Board of County Commissioners Action Construction Phase Expiration Renewal Procedure Final Long Plat Lots Blocks Easements 19 20 21 21 21 21 22 22 22 23 23 23 24 24 25 25 25 26 26 27 27 27 27 28 28 30 30 30 30 31 32 32 32 33 35 35 35 35 36 36 37 37 38 38 38 38 6.304 6.305 6.306 6.307 6.308 6.309 Schools and Schoolgrounds Transit/School Bus Stops Sidewalks Open Space Land State Environmental Policy Act Review Roads 6.40 Required Improvements 6.401 Roads 6.402 Off-Site Traffic Impacts 6.403 Bridges 6.404 Signs 6.405 Drainage 6,406 Water Supply 6,407 Sewage Disposal 6.408 Fire Protection 6.409 Electric and Telephone Service 6.410 Surveys 6.50 Inspections 6.60 Surety SECTION 7 LARGE LOT SUBDIVISIONS 7,10 Applicability 7,20 Administration 7.30 Design 7,301 Lots 7.302 Easements 7.303 Schools and Schoolgrounds 7.304 Transit/School Bus Stops 7.305 Sidewalks 7.306 Open Space Land 7,307 State Environmental Policy Act Review 7,308 Significant Natural Features 7,309 Roads 7.40 Required Improvements 7.401 Roads 7.402 Off-Site Traffic Impacts 7.403 Bridges 7,404 Signs 7.405 Drainage 7.406 Water Supply 7.407 Sewage Disposal 7.408 Fire Protection 7,409 Electric and Telephone Service 7.410 Surveys 7.50 Inspections 7.60 Surety 39 39 39 39 40 4O 42 42 42 43 43 43 43 44 44 45 45 45 46 47 47 47 47 47 48 48 48 49 49 49 5O 5O 51 51 52 52 52 52 53 53 54 54 54 55 55 III SECTION 8 MOBILE HOME PARK DIVISIONS 8.10 Applicability 8.20 Administration 8.30 Design 8.301 Lots 8.302 Blocks 8.303 Easements 8.304 Schools and Schoolgrounds 8.305 Transit/School Bus Stops 8.306 Sidewalks 8.307 Screening and Buffering 8.309 Open Space Land 8.310 State Environmental Policy Act Review 8.311 Significant Natural Features 8.312 Roads 8.40 Required Improvements 8.401 Roads 8.402 Off-Site Traffic Impacts 8.403 Bridges 8.404 Signs 8.405 Drainage 8.406 Water Supply 8.407 Sewage Disposal/Sanitation 8.408 Fire Protection 8.409 Electric and Telephone Service 8.410 Surveys 8.50 Inspections 8.60 Surety SECTION 9 RECREATIONAL VEHICLE PARK DIVISIONS 9.10 Applicability 9.20 Administration 9.30 Design 9.301 9.302 9.303 9.304 9.305 9.306 9.307 9.40 General Density Screening and Buffering Common Facilities, Recreation Areas, and Open Spaces State Environmental Policy Act Review Significant Natural Features Access and Circulation Required Improvements 9.401 Roads 9.402 Off-Site Traffic Impacts 9.403 Bridges 9.404 Signs 9.405 Drainage 9.406 Water Supply 56 56 56 56 56 57 57 57 58 58 58 58 58 58 58 6O 6O 6O 6O 6O 6O 61 61 61 61 61 62 62 63 63 63 63 63 64 64 64 64 65 65 66 66 66 66 66 66 66 iv 9.50 9.60 9.407 Sewage Disposal and Service Buildings 9.408 Solid Waste 9.409 Fire Protection 9.410 Electric Utilities 9.411 Surveys Inspections Surety SECTION 10 COMMERCIAL/INDUSTRIAL PARK DIVISIONS 10.10 Applicability 10.20 Administration 10.30 Design 10.301 10.302 10.303 10.304 10.305 10.306 10.307 10.308 10.309 10.40 10.50 10.60 General Lots Transit/School Bus Stops Sidewalks Screening and Buffering Open Space Land State Environmental Policy Act Review Significant Natural Features Roads Required Improvements Inspections Surety SECTION 11 CONDOMINIUM DIVISIONS 11.10 Applicability 11.20 Administration 11.30 Design 11.301 11,302 11.303 11.304 11.305 11.306 11.307 11.308 11.309 11.40 Required 11,401 11.402 11.403 11.404 11.405 11.406 11.407 11.408 General Schools and Schoolgrounds Transit/School Bus Stops Sidewalks Screening and Buffering Open Space Land State Environmental Policy Act Review Significant Natural Features Roads Improvements Roads Off-Site Traffic Impacts Bridges Signs Drainage Water Supply Sewage Disposal Fire Protection 67 67 67 67 68 68 68 69 69 69 69 69 70 70 70 70 70 70 70 71 71 71 71 72 72 72 73 73 73 73 73 73 73 73 74 74 74 74 74 74 74 75 75 75 75 V 11.409 Electric and Telephone Service 11.410 Surveys 11.50 Inspections 11.60 Surety SECTION 12 VARIANCES 12.10 12.20 12.30 12.40 12.50 Application Notice of Hearing Findings Conditions Administrative Variances SECTION 13 VACATIONS 13.10 Applicability 13.20 Application 13.201 Generally 13.202 Fees 13.303 Timetable 13.30 Public Hearing Process 13.301 Notice of Hearing 13.302 Health, Public Works, and and Planning Department Recommendations 13.303 Public Hearing 13.304 Hearing Examiner Decisions 13.40 Dedications 13.50 Vesting of Title SECTION 14 ALTERATIONS 14.10 14.20 14.30 14.40 Applicability Application 14.201 Generally 14.202 Fees 14.203 Timetable Public Hearing Process 14.301 Notice of Alteration Application 14.302 Health, Public Works, and Planning Department Recommendations 14.303 Public Hearing 14,304 Hearing Examiner Recommendations Board of County Commissioners Action SECTION 15 LEGAL PROVISIONS 15.10 Violations 15.20 Remedies 15.30 Severability 75 75 76 76 77 77 77 77 78 78 79 79 79 79 80 80 81 81 81 81 82 82 82 83 83 83 83 84 84 85 85 86 86 86 86 88 88 89 89 vi 15.40 15.50 15.60 Repealer Effective Date Adoption APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G SHORT PLAT APPLICATION CHECKLIST FINAL SHORT PLAT CHECKLIST PRELIMINARY LONG PLAT CHECKLIST FINAL LONG PLAT CHECKLIST LARGE LOT DIVISION PRIVATE ROADWAY DESIGN STANDARDS OPEN SPACE STANDARDS DOCUMENTS RELATING TO THE DESIGN, CONSTRUCTION AND PLACEMENT OF: ROADS, BRIDGES, DRAINAGE WAYS, AND SIGNS 89 89 90 xix vii 506 SECTION 1 PURPOSE Subsections: 1.10 Findings 1.20 Purposes 1.30 Enactment 1.40 Title 1.50 Short Title 1.10 Findings: The Jefferson County Board of County Commissioners finds that: Promotion of public health, safety, and general welfare requires the division of land to proceed in accordance with standards to prevent overcrowding of lands and provide adequate light and air; to lessen congestion in streets and highways; to provide proper ingress and egress; to facilitate adequate provision for water supply, sewage disposal, drainage, access, recreation areas, open space, parks, fire protection, schools, and other public requirements; and to require uniform monumentation and conveyancing of accurate legal descriptions. Proper application of the regulations established by the Washington Subdivision Act, (hereinafter referred to as "RCW 58.17"), as amended, requires that specific standards and administrative arrangements relating to the division of land in the unincorporated areas be provided by counties. Furtherance of the purpose and objectives of the Jefferson County Comprehensive Plan established pursuant to RCW 36.70 is in the public interest and requires enactment of this ordinance as an official control relating to the division of land. 1.20 ., Purposes: The purposes of this ordinance are: To promote public health, safety, and general welfare; To provide for the proper application of FICW 58.17, as amended; To further the purposes and objectives of the Jefferson County Comprehensive Plan; To provide the public with assurance that certain necessary facilities will be provided in new short and long subdivisions, large lot subdivisions, commercial\industrial park divisions, mobile home park divisions, recreational vehicle park divisions, and condominium developments in an amount and size appropriate for their proposed use; 5. To insure that new lots, tracts, parcels and sites are able to be used for the purpose which the buyer intends; and 6. To insure the general taxpaying public is not in the future required to incur development costs which are the responsibility of the original developer. 7. To minimize the adverse environmental impacts of new subdivision development, thereby protecting the quality of life of the citizens of Jefferson County. 8. To promote the conservation of the natural heritage and resources of Jefferson County. 1.30 Enactment: The Jefferson County Board of County Commissioners does hereby ordain and enact into law the following sections: 1.40 Title: This ordinance shall be known and may be cited as the Jefferson County Subdivision Ordinance with Supplementary Provisions for Large Lot Subdivisions, Mobile Home Park Divisions, Recreational Vehicle Park Divisions, Commercial\Industrial Park Divisions, and Condominium Divisions. 1.50 Short Title: This ordinance may refer to itself internally as "these regulations" or "this ordinance." 2 '.VOL SECTION 2 DEFINITIONS Subsections: 2.10 General 2.20 Tense and Number 2.30 Interpretation 2.40 Ordinance Administration 2.50 Definitions 2.10 General: For the purpose of this ordinance certain words and terms shall be interpreted or defined as follows: 2.20 Tense and Number: When not inconsistent with the context, words used in the present tense shall include the future, the singular shall include the plural, and the plural the singular. 2.30 Interpretation: The word "shall" is mandatory. The word "should" indicates that which is recommended but not required. The word "may" is permissive. 2.40 Ordinance Administration: The Director of the Jefferson County Planning and Building Department is hereby designated at the subdivision administrator. The subdivision administrator shall be empowered to construe or interpret vague or incomplete terms within this ordinance, consistent with the overall intent and purposes of the ordinance. Furthermore, the subdivision administrator shall have the power to prescribe specific administrative rules and procedures related to the implementation of these regulations, subject to review and recommendation by the Jefferson County Planning Commission, and confirmation by the Jefferson County Board of Commissioners. 2.50 Definitions: ADJACENT PROPERTY OWNERS: The owners of real property, as shown by the records of the County Assessor, located within three hundred feet (300') of any portion of the boundary of the property proposed for division. If the owner of the real property which is proposed for division owns another parcel or parcels of real property which lie 3 ,, IS .509 adjacent to the real property proposed for division, adjacent property owners shall mean owners of real property located within three hundred feet (300') of any portion of the boundaries of such adjacently located parcels of real property. ALTERATION: Any change made to a final plat map or binding site plan requiring reconfiguration of existing lot, block or tract boundaries, location of roads, or other public dedications, except as exempted by FlOW 58.17.040(6), as amended. (See Section 13, infra, for alteration procedure). BINDING SITE PLAN: A detailed scale drawing of a proposed mobile home park, recreational vehicle park, commercial\industrial park, or condominium division prepared by a licensed surveyor, landscape architect, architect, or civil engineer registered by the State of Washington, which, in addition to the requirements of RCW 58.17.020(7), as amended: (a) shows all existing and proposed conditions of the lots including topography, vegetation, drainage, floodplains, marshes and waterways, open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting, screening devices, and any other information relevant to the site; and (b) establishes and references all certifications, dedications, and notifications of conditions prerequisite to development and final site plan approval. BLOCK: A group of lots, tracts, parcels or sites located within well defined and fixed boundaries (usually roads). BUFFER: A separation designed to absorb conflicts between differing land uses, or to protect environmentally sensitive areas or significant natural features. Generally, buffers shall be left in a natural state, or, if necessary, supplemented by plants. CATEGORICAL EXEMPTIONS: Development actions, enumerated in Washington Administrative Oode (hereinafter referred to as "WAC") chapter 197-11-800, which have been legislatively determined not to have significant adverse environmental impacts, and therefore do not require environmental review or documentation for potential impacts. CLUSTER DESIGN: A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for common open space. COMMERCIAL\INDUSTRIAL PARK DIVISIONS: The division of land into two (2) or more lots, tracts, parcels or sites, for the purpose of sale, lease, or transfer of ownership, where the lots, tracts, parcels or sites are intended for the development of commercial and\or industrial uses. Any parcel to be retained by the owner shall be deemed a parcel for sale or lease. NOTE: Commercial\industrial park divisions must be accomplished through the binding site plan process delineated in Section 10 of this ordinance. (See Section 3, Subsection 3.30, infra, for exemptions). COMMUNITY SITES AND FACILITIES: Including, but not limited to, parks, open space, private roads, recreation facilities, water, and sanitary facilities. COMPLETED APPLICATION: An application accompanied by specified fees, 4 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. submitted on forms supplied by the Planning Department which contains information sufficient for the Planning Department to determine whether the proposed development complies with the provisions of this ordinance. CONDOMINIUM: A building, or group of buildings, in which units are owned individually, and the underlying real property, the structure, common, areas, and facilities, are owned by all the owners on a proportional, undivided basis. Condominiums must be developed in conformance with FlCW 64.32, The Horizontal Regimes Act; and RCW 64.34, The Washington Condominium Act. NOTE: Condominium divisions must be accomplished through the binding site plan process delineated in Section 11 of this ordinance. CONTIGUOUS LAND: Land adjoining and touching other land having the same owner, regardless of whether portions of the parcels have separate tax lot numbers, were purchased at different times, lie in different sections or government lots, or are separated from each other by private roads or private road easements. CUL-DE-SACS.' An area for vehicle turnaround, usually circular, located at the closed end of a dead-end road. EASEMENT: A right conveyed by a property owner to a specific person or the public, to use the owner's property for a specified purpose. (See 2.50.32, PROTECTIVE EASEMENT, and 2.50.50, WELL EASEMENT, infra). ENVIRONMENTALLY SENSITIVE AREAS: Those areas established by the Jefferson County SEPA Implementing Ordinance, No 7-84. (See also SEPA, FICW 43.21C; and WAC chapters 197-11-748 and 197-11-908 for more detailed information). FINAL PLAT: The final drawing, in map form, of a short or long subdivision prepared for final approval and filing with the County Auditor, which contains all elements and requirements set forth in this ordinance, and RCW 58.17, as amended. HALF WIDTH ROAD: A strip of land intended for vehicular circulation and access to abutting properties, which is one half (1/2) of the specified width for access roads, and is located along the perimeter of a division of property. LARGE LOT SUBDIVISION: The division of land into two (2) or more lots, tracts, parcels or sites, for the purpose of sale, lease, or transfer of ownership, when the smallest lot, tract, parcel or site is five (5) acres or greater. Where appropriate to the context, the term may also relate to the land so divided. Any parcel retained by the owner shall be deemed a parcel for sale or lease. (See Section 3, Subsection 3.30, infra, for exemptions). LOCAL FIRE DISTRICT: One of the districts into which the County is divided for the purpose of providing fire protection and emergency services. LONG PLAT: The map representation of a long subdivision. LONG SUBDIVISION: The division or redivision of land into five (5) or more lots, tracts, parcels or sites, for the purpose of sale, lease, or transfer of ownership, when any one (1) lot, tract, parcel or site is less than five (5) acres. Where appropriate to the context, the term may also refer to the land so divided. Any parcel to be retained by the owner shall be deemed a parcel for sale or lease. NOTE: Long subdivisions must be platted in accordance with Section 6 of this ordinance. (See Section 3, Subsection 3.30, infra, for exemptions). 22. LOT: A fractional portion of a division of land having fixed boundaries, and of sufficient area and dimension to meet the requirements of the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, the lot size standards and requirements of the local Health Department and the Washington State Department of Health as provided for on-site sewage disposal systems, and this ordinance. The term shall include tracts or parcels. 23. MOBILE HOME: A dwelling unit, construction of which is regulated by RCW 43.22, as amended. 24. MOBILE HOME PARK DIVISION: The division of land into two (2) or more lots, tracts, parcels or sites for the purpose of lease, when no residential structure other than mobile homes, as regulated by RCW 43.22, as amended, are to be placed upon the land. Any parcel retained by the owner shall be deemed a parcel for lease. NOTE: Mobile home park divisions must be accomplished through the binding site plan process delineated in Section 8 of this ordinance. (See Section 3, Subsection 3.30, ~nlra, for exemptions). 25. OPEN SPACE LAND: A parcel or area of land within or related to a development, dedicated for public or private use, which is designed and intended to satisfy one (1) or more of the following functions: (a) to meet the passive and active recreational needs of the residents of the development, or the public if so dedicated; (b) as a perimeter buffer, to separate conflicting land uses; (c) to protect environmentally sensitive areas, or as a buffer to screen and protect environmentally sensitive areas; (d) to serve as wildlife connective corridors; or (e) to serve as locations for schools or community sites and facilities. Open space land may include complementary structures and improvements as are necessary and appropriate. All open space land dedications shall conform with the Open Space Standards in Appendix G of this ordinance. (See the Jefferson County Parks Comprehensive Plan, Resolution 87-90, for more detailed information regarding open space land). 26. POTABLE WATER: Water which meets Washington State Department of Health and County Health Department standards for human consumption. 27. PRELIMINARY PLAT: A neat and approximate drawing of a proposed short or long subdivision, showing the layout of roads, alleys, lots, blocks, restrictive covenants, and similar elements which should furnish a basis for approval or disapproval of the short or long subdivision, in accordance with this ordinance. (See Appendices A and B, ~nlra, for more detailed information). 28. PRIVATE DEDICATION: The deliberate appropriation of land by its owner for any special uses, reserving to oneself no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been devoted. The intention to 6 dedicate shall be evidenced by presentation by the owner of a final plat or binding site plan for filing showing the dedication thereon. 29. PROTECTIVE EASEMENT: An easement for the purpose of precluding future or additional development of the land. Protective easements are generally used to preserve tidelands, shorelands, marshes, streamways, or other land uses. 30. PUBLIC DEDICATION: The deliberate appropriation of land by its owner for any public uses, reserving to oneself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The owner's intention to dedicate shall be evidenced by presentation of a statutory warranty deed describing the property to be dedicated filed with the County Auditor. Acceptance by the public shall be evidenced by the approval of the plats or binding site plans for recording referencing the dedication thereon. 31. RECREATIONAL VEHICLE: A unit designed as a temporary living quarter for recreational, camping, or travel use, having either its own motive power or being mounted on or drawn by another vehicle. 32. RECREATIONAL VEHICLE PARK DIVISIONS: The division of land into two (2) or more lots, tracts, parcels or sites for the purpose of lease, when no living quarters other than recreational vehicles are to be placed upon the land. Any parcel retained by the owner shall be deemed a parcel for lease. NOTE: Recreational vehicle park divisions must be accomplished through the binding site plan process delineated in Section 9 of this ordinance. (See Section 3, Subsection 3.30, ~nlra, for exemptions). 33. RECREATIONAL VEHICLE SITE: A space of land on which a recreational vehicle is entitled to park or locate for the purpose of overnight occupancy. 34. REQUIRED IMPROVEMENTS: Including, but not limited to: roads, drainage, bridges, signs, water supply, sewage disposal, fire protection, electrical and telephone utilities, parl<s, open space, and community facilities. 35. ROAD: Generally, a strip of land which provides vehicular circulation or other means of access to abutting properties, and which may also include provisions for public utilities, pedestrian wall<ways, bridges, pathways for bikes or horses, open space, cut and fill slopes, and drainage, and generally designated as follows: Alley: A minor road used primarily for vehicular services to the back or side of properties abutting on another road. Local Access Road: A road primarily for providing access to adjacent land. Collector Road: A thoroughfare which primarily carries traffic from local access roads to arterial roads, including the principal entrance and circulation routes within subdivisions. Arterial Road: A road primarily for through traffic carrying heavy loads and large volumes of traffic, usually on a continuous route. 7 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. (For existing roads, see the road classifications contained in the Jefferson County Development Code, No. 3-89, Section 2, Subsection 62.) ROAD IMPROVEMENT DISTRICT: A quasi-public entity, sponsored by the County, for the special purpose of constructing or improving a particular road or network of roads. (See RCW 36.88, as amended, for more detailed information). ROAD MAINTENANCE AGREEMENT: An affirmative obligation undertaken by an applicant or members of a lot owners association, to ensure that private roadways within a property division will be kept in a state of good repair by the lot owners or applicant. SANITARY DUMPING STATION: A facility for removing or disposing of wastes from recreational vehicle holding tanks. SCREENING: A method of visually or acoustically shielding or obscuring one form of land use from another by fencing, walls, berms, vegetation, or any combination thereof. SERVICE BUILDING: A structure containing toilet, wash basin, and similar facilities used by recreational vehicles within designated parks. SEWAGE DISPOSAL SYSTEM: Manufactured devices for the collection, treatment and disposal of organic waste water generated by residential, industrial and commercial establishments. (Sewage disposal systems may consist of engineered or conventional on-site septic systems, or community sewer systems). SHORT PLAT: The map representation of a short subdivision. SHORT SUBDIVISION: The division or redivision of land into four (4) or fewer lots, tracts, parcels or sites, for the purpose of sale, lease or transfer of ownership, when any one (1) lot, tract, parcel or site is less than five (5) acres. Where appropriate to the context, the term may also relate to the land so divided. Any parcel to be retained by the owner shall be deemed a parcel for sale or lease. NOTE: Short subdivisions must be platted in accordance with Section 5 of this ordinance. (See Section 3, Subsection 3.30, infra, for exemptions). SIDEWALK: A paved, surfaced or graded area, paralleling and separated from the street, used as a pedestrian walkway. SUBDIVISION: The division of any land for the purpose of sale or lease. TRAIL: An independently aligned, naturally surfaced pedestrian walkway generally serving recreational activities. (See the Jefferson County Parks Comprehensive Plan for greater detail). TRANSI'IASCHOOL BUS STOP: A turnout at the side of a roadway designed to allow buses to pick up and discharge passengers. VACATION: The removal of lot(s), block(s), tract(s) or any public dedication other than roads from the face of a recorded final plat map or binding site plan. (See Section 12, infra, for vacation procedure). VARIANCE: A modification of the strict terms of this ordinance where modification will not be contrary to the public interest, and where 8 owing to conditions peculiar to the property and not the result of the action of the applicant, the literal enforcement of the regulations would result in unnecessary and undue hardship. 50. WATER DISTRIBUTION SYSTEM: The well, facilities and piping used to deliver water intended for human consumption. 51. WELL EASEMENT: An easement for the purpose of protecting wells from potential sources of contamination, including, but not limited to: cesspools, sewers, privies, septic tanks, drainfields, manure piles, garbage of any kind or description, barns, chicken houses, rabbit hutches, pigpens, or other enclosures or structures for the keeping or maintenance of fowls or animals, or storage of liquid or dry chemicals, herbicides, or insecticides. 52. The word "Auditor" means the Jefferson County Auditor. 53. The word "Board" means the Jefferson County Board of County Commissioners. 54. The word "County" shall mean Jefferson County. 55. The words "Department of Public Works" mean the Jefferson County Department of Public Works. 56. The words "Director of Public Works" mean the Director of the Jefferson County Department of Public Works. 57. The words "Health Department" or "local Health Department" mean the Jefferson County Health Department. 58. The words "Hearing Examiner" or "Examiner" mean the Jefferson County Hearing Examiner. 59. The words "Planning Department" mean the Jefferson County Planning Department. 60. The words "Planning Director" mean the Director of the Jefferson County Planning Department. 61. The words "Prosecutor" or "County Prosecutor" mean the Jefferson County Prosecuting Attorney. 62. The word "State" shall mean the State of Washington. 63. The word "Treasurer" shall mean the Jefferson County Treasurer. 9 SECTION 3 SCOPE Subsections: 3.10 3.20 3.30 3.40 Coverage Compliance with Comprehensive Plan Applicability Exemptions 3.10 Coverage: This ordinance shall apply to all long subdivisions, short subdivisions, large lot subdivisions, commercial\industrial park divisions, mobile home park divisions, recreational vehicle park divisions, and condominium divisions hereafter in the unincorporated areas of Jefferson County; and every long subdivision, short subdivision, large lot subdivision, commercial\industrial park division, mobile home park division, recreational vehicle park division, and condominium divisions in the unincorporated area shall proceed in compliance herewith. 3.20 Compliance with Comprehensive Plan: All development subject to this ordinance shall be in compliance with the Jefferson County Comprehensive Plan, as amended. 3.30 Applicability: The following rules shall govern questions of the precise applicability of these regulations: 3. 4. 5. Parcels in the same ownership having contiguous boundaries shall be considered a single parcel for the purposes of this ordinance and may not be further divided through the short subdivision process. NOTE: the sale of an existing distinct parcel which is a portion of a larger contiguous ownership, shall not be considered a subdivision for the purposes of this ordinance. Parcels in common ownership separated by a public right-of-way should not be considered a single parcel. Land divided incidental to separation of common interest of communal ownership as in a partnership or marriage shall be considered a subdivision. The partial fulfillment of a real estate contract and subsequent deed release of a portion of property shall not be considered a subdivision. When proposed divisions of property would create lots of different sizes, the development standards contained in these regulations that would apply to the smallest lot within the division shall apply to all the lots created. 10 3.40 Exemptions: The following are exempt from the provisions of this ordinance: Cemeteries and other burial plots while used for that purpose. Division made by testamentary provision, or the laws of descent. Divisions for the purpose of creating membership camping clubs, the same which shall proceed in compliance with Jefferson Oount¥ Camper 01ub Ordinance, No. 1-73, as amended. A division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division which contains insufficient area and dimension to meet the County's minimum requirements for width and area for a building site. 11 SECTION 4 ADMINISTRATIVE AUTHORITY AND RESPONSIBILITY Subsections: 4.10 4.20 4.30 4.40 4.50 4.60 Health Department Department of Public Works Planning Department Planning Commission Hearing Examiner Board of County Commissioners 4.10 Health Department: The Health Department shall review all proposed long subdivisions, short subdivisions, commercial\industrial park divisions, large lot subdivisions, mobile home park divisions, recreational vehicle park divisions, and condominium divisions to determine the adequacy of the proposed sewage disposal and water supply systems. The Health Department shall forward comments and recommendations relative to proposed recreational vehicle park divisions to the Planning Commission; the Health Department shall forward comments and recommendations relative to all proposed long subdivisions, large lot subdivisions, commercial\industrial park divisions, and mobile home park divisions consisting of fifteen (15) or more lots, tracts, parcels, or sites, and condominium divisions containing fifteen (15) or more dwelling units, to the Hearing Examiner as hereinafter provided by this ordinance. 4.20 Department of Public Works: The Department of Public Works shall review all proposed long subdivisions, short subdivisions, commercial\industrial park divisions, large lot subdivisions, mobile home park divisions, recreational vehicle park divisions, and condominium divisions as regards roads, drainage systems and signing. The Department of Public Works shall forward comments and recommendations relative to proposed recreational vehicle park divisions to the Planning Commission; the Department of Public Works shall forward comments and recommendations relative to all proposed long subdivisions, large lot subdivisions, commercial\industrial park divisions, and mobile home park divisions, consisting of fifteen (15) or more lots, tracts, parcels, or sites, and condominium divisions containing fifteen (15) or more dwelling units, to the Hearing Examiner as hereinafter provided by this ordinance. The Department of Public Works shall administer all requirements for the design of the final plats or binding site plans, the engineering, installation, bonding and inspection of required improvements, and for surveying, monumentation and legal descriptions. 12 4.30 Planning Department: The Planning Department shall have overall administrative and design responsibilities regarding proposed long subdivisions, short subdivisions, large lot subdivisions, commercial\industrial park divisions, mobile home park divisions, recreational vehicle park divisions, and condominium divisions. The Planning Department shall review proposals for conformance with the Jefferson County Comprehensive Plan and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance. The Planning Department shall forward comments and recommendations relative to proposed recreational vehicle park divisions to the Planning Commission; the Department shall forward comments and recommendations relative to all proposed long subdivisions, large lot subdivisions, commercial\industrial park divisions, and mobile home park divisions, consisting of fifteen (15) or more lots, tracts, parcels, or sites, and condominium divisions containing fifteen (15) or more dwelling units, to the Hearing Examiner as hereinafter provided by this ordinance. If the Planning Department determines that Hearing Examiner review for proposed long subdivisions, large lot subdivisions, commercial\industrial park divisions, and mobile home park divisions consisting of five (5) to fourteen (14) lots, tracts, parcels, or sites, or condominium divisions containing five (5) to fourteen (14) dwelling units, is necessary to ensure conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance, the Planning Department may refer the application to the Hearing Examiner for review and recommendation to the Board. The Planning Department shall cite the particular provision or provisions of the aforementioned plans, policies and regulations which give rise to the referral. In instances where the Planning Department issues a summary administrative approval, the Department shall enter written findings in accordance with FlOW 58.17.060. 4.40 Planning Commission: The Planning Commission shall review all recreational vehicle park divisions for conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance. In addition, the Planning Commission is hereby assigned the functions, powers, and duties incident to holding hearings and making recommendations to the Board on approval or disapproval of recreational vehicle park preliminary binding site plans, in accordance with this ordinance. 4.50 Hearing Examiner: The Hearing Examiner shall review the following proposed development actions consisting of fifteen (15) or more lots, tracts, parcels, sites or dwelling units for conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the 13 provisions of RCW 58.17, and the requirements of this ordinance: preliminary plats of proposed long subdivisions, large lot subdivisions, commercial\industrial park divisions, mobile home park divisions, and condominium divisions. The Hearing Examiner shall conduct the same review for said development actions consisting of five (5) to fourteen (14) lots, tracts, parcels, sites or dwelling units when requested by the Planning Department or any other person. In addition, the Hearing Examiner is hereby assigned the functions, powers, and duties incident to holding hearings and making recommendations to the Board on approval or disapproval of said development actions, in accordance with this ordinance. FURTHERMORE, the Hearing Examiner is assigned the same functions, powers, and duties with regard to making final decisions on the approval or disapproval of variances, in accordance with this ordinance. 4.60 Board of County Commissioners: The Board shall generally find whether or not proposed development actions controlled by this ordinance make appropriate provision for public health, safety, and general welfare. The Board shall inquire into the public use and interest proposed to be served by the development. The Board shall determine if appropriate provisions are made for, but not limited to, drainage ways, streets, alleys, other public ways, water supplies, police and fire protection, sanitary wastes, solid wastes, parks, playgrounds, open spaces, sites for schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that ensure safe walking conditions for students who only walk to and from school, and determine whether the public interest will be served by the development. The Board shall ensure that a proposed development conforms with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of ROW 58.17, and the requirements of this ordinance. The Board shall enter written findings as required by RCW 58.17.110. The Board shall make decisions regarding administrative appeals, but only after receipt of a recommendation from the Hearing Examiner relative thereto. 14 SECTION 5 SHORT SUBDIVISIONS Subsections: 5.10 Applicability 5.20 Administration 5.30 Design 5.40 Required Improvements 5.50 Inspections 5.60 Surety 5.10 Applicability This section pertains to the division of land into four (4) or fewer lots, tracts, parcels or sites, where any one (1) lot, tract, parcel, or site is less than five (5) gross acres (including a pro rata share of common open space and roads, and excluding tidelands). 5.20 Administration 5.201 Preapplication Consultation: Prior to making application for short subdivision approval, a prospective applicant shall arrange for the proposal to be reviewed by submitting five (5) copies of the proposal to the Planning Department at least fourteen (14) days before submitting an official short subdivision application. The proposal shall include a conceptual design showing approximate lot lines, suggested provisions for parks and open space, means of ingress and egress, lot drainage, possible locations of sewage disposal and water supply systems, and possible locations of utility easements. Preapplication consultation shall also include a decision as to whether the proposal will require review and threshold determination pursuant to the State Environmental Policy Act, RCW 43.21C. There is no fee for preapplication consultation, which includes design and administrative assistance, however, this free service shall not include extensive field inspection or correspondence. Preapplication consultation shall in no way limit subsequent administrative review. NOTE: Prior to commencing on-site physical activity, prospective applicants are advised to contact the Planning Department to ensure proper examination of environmental factors. 15 ~5.202 Application: All persons who wish to short plat land located in Jefferson County shall apply to the Planning Department for summary review and approval, using forms supplied by the Planning Department and prepared in accordance with Appendix A of this ordinance. (See Subsection 5.207, infra, for summary review and approval procedure). Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED (DATE) . NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon inspection are insufficiently prepared to provide a basis for adequate review shall be returned by the Planning Department. A written statement citing the information requirements upon which nonacceptance is based shall be supplied by the Planning Department when requested by the applicant. The acceptability of an application shall be certified by the Planning Department within fourteen (14) days of filing. When the Planning Department has determined that the application contains sufficient information to provide an adequate basis for review, a notice containing the following statement shall be affixed to the application: AS OF (DATE) THE APPLICATION IS FOUND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide presumptive evidence of a completed application, and the time period for review and approval shall commence. When land proposed to be subdivided is adjacent to or within one (1) mile of a municipal boundary, or contemplates use of any city or town utilities, notice of the application shall be given by the Planning Department to the legislative body of that city or town. When land proposed to be subdivided is within two hundred feet (200') of a shoreline, notice of the application shall be given by the Planning Department to the Jefferson-Port Townsend Shoreline Management Advisory Commission. Proposed short subdivisions located adjacent to the right-of-way of a State highway shall be presented to the District Administrator of the Washington State Department of Transportation for review and recommendation regarding such matters as deemed appropriate. A proposed short subdivision, any part of which is within a flood control zone (as provided in RCW 86.16), must be approved by the Washington State Department of Ecology prior to approval by Jefferson County. The Planning Department shall forward copies of the proposed short subdivision to appropriate fire districts, school districts, public utility districts, transit authorities, and other relevant government agencies when deemed necessary. 16 5.203 Fees: Short subdivision applications shall be accompanied by fees as set by the Board, payable to the Jefferson County Planning Department and the Jefferson County Health Department, respectively. NOTE: Fees will not be processed by the Planning Department until the application is deemed complete. 5.204 Public Notice: Notice of pending short subdivision application review shall be given as follows: Within ten (10) days of the filing of the application, the Planning Department shall send notices to adjacent property owners advising them of the pending short subdivision application. Names and addresses of adjacent property owners shall be provided to the Planning Department by the applicant, subject to Planning Department approval. The Planning Department shall provide the applicant with two (2) or more notices of the pending short subdivision application, which shall be placed in conspicuous locations on or near the property within ten (10) days of the application filing. Notices shall be removed by the applicant upon final short plat approval. The notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'). All notices and notice boards shall meet Planning Department requirements. The Planning Department shall arrange for at least one (1) publication of the notice of pending summary short subdivision review to appear in a newspaper of general circulation within the County within ten (10) days of the filing of the application. Payment of all publication fees shall be the responsibility of the applicant. Any person shall have a period of ten (10) days from the date of the notice to comment on the proposed preliminary short plat. All comments received by the Planning Department shall be provided to the applicant. The applicant shall have seven (7) days from receipt of the comments to respond thereto. NOTE: Nothing in this subsection shall prohibit the Planning Department from providing additional notice to individuals not meeting the definition of an "adjacent property owner," as defined in Section 2, Subsection 2.50.1 of this ordinance. 5.205 Timetable: Applications for approval of short subdivisions shall be processed without delay and shall be preliminarily approved, disapproved or returned to the applicant within thirty (30) days from the date the application is deemed complete, unless the applicant consents to an extension of the time period, or unless approval is required by a State agency. In instances where the actions of the applicant result in approval delays, no consent is required for an extension. 17 5.206 Variance Requests: Variances from the regulations of this section may be permitted under certain circumstances PROVIDED, a written request is submitted together with the completed short subdivision application. (See Section 11, infra, for variance procedure). 5.207 Summary Approval: The Health, Public Works, and Planning Departments shall prepare written findings and conclusions indicating either: (a) their approval of a proposed short subdivision, together with the conditions imposed; or (b) their disapproval of a proposed short subdivision and the reasons for disapproval. Criteria for review of a short subdivision are as follows: The Health Department shall review proposed short subdivisions to ensure conformance with public health and sanitation requirements adopted by the Washington State Department of Health, the County Health Department, and this ordinance. The Department of Public Works shall review proposed short subdivisions to ensure conformance with the road and drainage provisions of this ordinance. The Planning Department shall review proposed short subdivisions to ensure conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the design requirements of this ordinance. Additionally, the Planning Department shall consider the recommendations of all other relevant government agencies, including, but not limited to: public utility districts, fire districts, school districts, and transit authorities. Approval by the Health, Public Works, and Planning Departments shall constitute summary short subdivision approval on the part of Jefferson County, and no further action by the Hearing Examiner or Board shall be required. Summary approval may require the applicant to meet designated conditions before submission of the final short plat. Summary short subdivision approval shall furnish a firm basis upon which the applicant may proceed with any required improvements, as well as preparation of the final short plat, in compliance with any conditions of approval imposed, and the provisions of this ordinance. NOTE: A short subdivision shall under no circumstance be approved before the Planning Department has conducted at least one (1) field inspection of the site proposed for subdivision. 5.208 Expiration: Summary short subdivision approval shall become invalid when the final short plat is not submitted in proper form for final approval within six (6) months from the date of summary approval. Extensions may be granted by the Planning Department, when requested in writing by the applicant at least thirty (30) days prior to the date of expiration. Extensions may be approved for a maximum of six (6) months on a one (1) time basis only. 18 5.209 Renewal Procedure: A short plat upon which preliminary approval has expired shall be resubmitted and processed as a new application. 5.210 1. Appeals' Any administrative decision made by the Planning Department regarding a preliminary short subdivision application may be appealed to the Hearing Examiner by the applicant, a public agency, or any interested person as defined below, not later than fourteen (14) days following the decision of the Planning Department. The notice of appeal shall be on a form provided by the Planning Department and shall be filed with the Planning Department. Only persons holding an ownership interest in property located within six hundred feet (600') of the boundary of the proposed preliminary short subdivision, or persons who have submitted written comments on the proposed preliminary plat pursuant to Subsection 5.204 of this ordinance, shall be considered interested persons for the purposes of this section. 3. The written notice of appeal shall include: A concise statement of the error or issue the Hearing Examiner is asked to consider on appeal; i.e. error in interpretation of law, adopted policy, relevant fact, or discovery of new factual evidence which, by due diligence, could not have been found prior to the decision of the Planning Department; A statement containing specific references to portions of the written findings contained in the Planning Department's decision alleged to be in error, and an explanation of those provisions of law or adopted policy alleged to have been violated; A statement of the relief sought, such as a reversal of the Planning Department's decision or modification of conditions; The signature, mailing address and telephone number of the appellant or the appellant's representative; e. An appeal fee as set by the Board of County Commissioners. The notice of appeal shall be accompanied by a written memorandum detailing the arguments the appellant may which considered by the Hearing Examiner. The memorandum may not be based upon new factual information, unless such information could not have been found through due diligence prior to the Planning Department's decision. The Planning Department shall notify all interested persons that an appeal has been filed and that copies of the appellant's notice of 19 5.211 appeal and memorandum may be obtained from the Planning Department. Interested persons shall also be informed that if they wish to respond to the appellant's memorandum, they may submit a written memorandum to the Hearing Examiner within fourteen (14) days from the date that notice to interested persons is mailed by the Planning Department. Requests for extensions of time for filing memorandums, may be submitted by any interested person, prior to the date the memorandum would otherwise be due. A person may be granted only one (1) extension, not to exceed ten (10) days. Extension notices shall be provided by mail to all interested persons. Within fourteen (14) days of receipt of the notice of appeal (excluding time allowed for extensions), the Hearing Examiner shall hold a public hearing at which time the Examiner shall examine the written appeal, take any public testimony pertaining to the issues on appeal, and select one of the following courses of action: After examining the notice of appeal and accompanying memorandums, the Hearing Examiner may deny the request and adopt the Planning Department's decision; OR Amend and adopt, reject, reverse, or amend and reverse the findings or conclusions in the Planning Department's decision. If the Hearing Examiner renders a decision which varies from the Planning Department's decision, the Examiner shall enter findings of fact and conclusions of law based upon those facts in a written record of decision. Pursuant to the Jefferson County Hearing Examiner Ordinance, No. 1-0318- 91, the decision of the Examiner shall constitute a recommendation to the Board of County Commissioners. Final Short Plat: The final short plat and supporting data shall be prepared in accordance with Appendix B of this ordinance and shall be submitted to the Planning Department fourteen (14) days prior to the date of final review by the Board. The Planning Department shall cause the final short plat to be circulated to the Department of Public Works and the Health Department for their individual approval in accordance with the conditions of summary approval outlined in Subsection 5.207 of this ordinance. The Health Department and the Department of Public Works shall immediately notify the Planning Department of any obstacles or 20 problems which would prevent or delay approval of the final short plat, and the Planning Department shall thereupon notify the applicant. After approval by the Health, Public Works, and Planning Departments, and certification from the Treasurer that all taxes and delinquent assessments for which the property is liable have been paid, the final short plat shall be presented to the Board for a concurring signature. After endorsement by the Board, any fee for filing the short plat for record shall be deposited with the County Auditor, and the final short plat and any restrictions and covenants shall be simultaneously recorded. 5.212 Resubdivision: Lots created through the short subdivision process shall not be further divided in any manner within a period of five (5) years without the filing of a final long plat, which shall proceed in full compliance with Section 6 of this ordinance. When the short plat consists of fewer than four (4) lots, nothing in this section shall prevent the owner who filed the short plat from filing an alteration within the five (5) year period to create up to a total of four (4) lots within the original short plat boundaries. 5.30 Design 5.301 Lots: Residential densities shall conform with the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, and conform to the lot size standards and requirements of the Health Department and the Washington State Department of Health as provided for on-site sewage disposal systems, PROVIDED, in the event of a discrepancy, the stricter standards shall apply. The design, shape, size and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (100') in width, the average length of said lot shall not exceed three times its average width. Lot areas in excess of minimum standards may be required for reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazards or other unique conditions or features which may warrant protection of the public interest. Creativity in lot layout and configuration is encouraged. 5.302 Easements: Easements for the purpose of ingress and egress, and\or utility installation and maintenance, shall be established by recording a separate instrument, or by declaration of easement dedication, and 21 shall be graphically portrayed on the final short plat. When required by conditions of summary approval, easements for utility installation and maintenance shall conform to the standard width of seven feet (7') along front lot lines, five feet (5') along side lot lines, and ten feet (10') along rear lot lines. Where a short subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control easements shall conform substantially with the alignment of watercourses. This requirement shall not entail any responsibilities for watercourse maintenance on the part of the County and arrangements for maintenance may be required to the satisfaction of the Director of Public Works. Buffer strips or protective easements may be required, and the minimum lot depth requirement may be increased, where a short subdivision is adjacent to: a railroad, an arterial road, commercial or industrial development, tidelands, shorelands, marshes or streamways, or other land use from which separation or screening is deemed advisable. (See Appendix H for relevant documents used by the Department of Public Works). 5.~03 Transit\School Bus Stops: Applications for short subdivisions shall be reviewed to determine whether transit or school bus stops are necessary to promote public access to safe and convenient travel. 5.304 Sidewalks: Applications for short subdivisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks or similar planning features may be required for final short subdivision approval. 5.305 Open Space Land: Open space land should be properly located and preserved as the County develops. In order to mitigate the direct impacts of a development, the cost of providing open space amenities should be equitably proportioned on the basis of the additional need created by the individual development. The following provisions shall apply: Minimum area for open space shall be provided as ten percent (10%) of the total gross area of the short subdivision, consistent with the Open Space Standards in Appendix G of this ordinance. Open space dedications shall be established by recording a separate instrument, or by declaration of dedication, and shall be graphically portrayed on the final short plat. All open space dedications shall be in perpetuity. aJ Exceptions to this requirement may be granted by the Board if the short subdivision is: (a) adjacent to, or near, existing open 22 space land sufficient to accommodate the increased public need; or (b) when previous dedications have been made that adequately serve the public need. Fees-in-lieu of dedication of land for open space may be permitted by the Board PROVIDED: (a) the amount of the fee shall be equal to the average fair market value of the land in the short subdivision which the applicant would have been required to dedicate; and (b) the use of fees shall only be for the purpose of acquisition or development of open space land in sufficient proximity to the short subdivision which contributes the fee to reasonably benefit the future residents of the short subdivision. All fees-in-lieu shall meet the requirements of ROW 82.02.020. Open space land should be appropriately located and provided with access when deemed advisable. 5.306 State Environmental Policy Act Review: Applications for short subdivision of lands involving environmentally sensitive areas shall include threshold determination and, pursuant to SEPA, shall be subject to review on the basis of the environmental checklist and other required documents. (See SEPA, RCW 43.21C; WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84, for more detailed information). Lands designated as environmentally sensitive may be included within the boundaries of a short plat designated as community property, recreation area, or other similar open space, or may be included within a lot, if the lot contains sufficient land of suitable characteristics to meet County standards for construction of a dwelling. 5.307 Significant Natural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and wildlife habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 5.308 Roads: Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. 23 Short subdivision applicants shall incorporate standard sixty foot (60') wide rights-of-way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the final short plat. However, easement width for private roads which: (a) dead-end due to topographic features such as a shoreline or river, or (b) do not exceed five hundred feet (500') in length, may be reduced by the Board pursuant to recommendation by the Director of Public Works. In instances where the standard sixty foot (60') wide easement is not required, provisions for parallel easements for utility installation and maintenance shall be required if deemed necessary by the Director of Public Works. All reduced width easements shall be designed to include provisions for emergency vehicle turnarounds. All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. Where necessary to join with existing roads, or to provide for future area- wide circulation, roads or road rights-of-way may be required to extend to the outside boundaries of short subdivisions. Permanent turnarounds, preferably square, may be required at the end of dead-end roads which are intended for continuation or future area-wide circulation. Engineering design of public roads shall conform with officially adopted Jefferson County road standards. Road grades, curves, and intersections shall provide adequate sight distances for traffic safety. Access to short subdivisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents used by the Department of Public Works). 5.401 1. 5.40 Required Improvements Roads: Roads providing access to and\or within a short subdivision shall be constructed according to Department of Public Works design standards, based upon projected use and traffic volume. Agreements for the continued maintenance of all private roads shall be established and referenced on the final short plat. All improvements to be located under roadways, including: culverts, storm drains, sanitary sewers, water lines, and service leads, shall be installed before ballast is laid. The road bed shall be brought to an approved grade, road ditches shall be graded and backsloped, and inspections shall be arranged with the Department of Public Works at 24 specified stages. (See Subsection 5.50, infra, for inspection procedure). All required road construction must be approved by the Director of Public Works prior to approval of the final short plat. Legal access from the nearest public road to the entire tract being divided shall be secured and graphically portrayed on the final short plat. Road approach permits for private roads that access onto a County road or State highway shall be secured prior to final short plat approval. When adjacent to a County road or State highway, the approach shall be graphically portrayed on the final short plat. (See Appendix H for relevant documents used by the Department of Public Works). 5.402 Off-Site Traffic Impacts' The Director of Public Works may require that the applicant hire an engineering firm to prepare a traffic impact study to determine the potential off-site traffic impacts on existing roads posed by the proposed short subdivision. Based upon the findings and information in the traffic impact study, and any other relevant data available, the applicant may be assessed a traffic impact fee to offset the costs which may be incurred by the County in upgrading any off-site road(s) affected by the short subdivision. All impact fees shall conform with the requirements of RCW 82.02, and ROW 43.21C. Impact fees shall be proportionally based, and accurately reflect the additional burden upon existing off-site roads caused by the development. NOTE: Traffic impact fees shall be levied through an impact fee ordinance adopted pursuant to RCW 82.02.020. 5.403 Bridges: The design and construction of any bridge in a short subdivision shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the final short plat. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Department of Public Works). 5.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 25 5.405 Drainage: Drainage facilities adequate to prevent erosion, flooding, or hazard to the use of the roads, lots, property, or facilities within the short plat, or to adjacent private or public property, shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. (See Appendix H for relevant documents used by the Department of Public Works). 5.406 Water Supply: 1. m For short subdivisions where any one (1) lot is less than two (2) acres, an adequate potable water supply shall be provided to each lot within the subdivision. Water supply may be accomplished through connection to a public or community water supply system, through individual wells, or any other alternative method consistent with State law. Individual wells shall meet minimum Jefferson County Health Department and Coordinated Water System Plan standards. Additionally, individual wells shall be served by well easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Well easements shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the final short plat. A potable water supply need not be provided to the lots of a short subdivision where the smallest lot created is greater than two (2) acres, when the lots meet minimum standards of the Health Department for individual wells. When constructed, however, individual wells shall be served by well easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Well easements shall be established by recording a separate instrument or by declaration of easement dedication, and shall be graphically portrayed on the final short plat. In any instance where a potable water supply is not provided to a lot within a short subdivision, the applicant shall specifically identify each such lot by including the following notice on the final short plat: WARNING TO PURCHASERS THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN THIS SHORT SUBDIVISION HAVE NOT BEEN PROVIDED WITH A POTABLE WATER SUPPLY. NO BUILDING PERMIT WILL BE ISSUED BY JEFFERSON COUNTY WITHOUT FIRST SATISFYING THE POTABLE WATER REQUIREMENTS ESTABLISHED BY THE JEFFERSON COUNTY HEALTH DEPARTMENT. 26 Any instrument of sale conveying any interest in any lot not provided with a potable water supply shall clearly state that a water supply is not provided. Where the lots of a short subdivision do not meet the Health Department standards for individual wells, water shall be provided through public or community water supply systems, or any other alternative method consistent with State law. Community water systems and alternative water systems must comply with all applicable State statutes, the rules and regulations of the Washington State Department of Health, as well as the Jefferson County Health Department and Coordinated Water System Plan provisions regarding quantity, quality, source, source protection, distribution and storage methods and facilities, and treatment and testing procedures. 5.407 Sewage Disposal: Installation of sewage disposal systems for short subdivisions shall be ~n compliance with regulations and standards of the Washington State Department of Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. 5.408 Fire Protection: Applicants for short subdivisions where the smallest lot is less than two (2) acres shall incorporate adequate fire protection measures in accordance with the Uniform Fire Code and local fire district recommendations consistent with State law. Applications for short subdivisions where the smallest lot is greater than two (2) acres shall be reviewed by a representative of the local fire district in which the proposed short subdivision would occur. The representative shall recommend what fire protection measures, if any, are necessary for the short subdivision, and shall forward appropriate recommendations to the Planning Department. 5.409 Electric and Telephone Service: Applicants for short subdivisions are not required to provide electric and telephone facilities. 5.410 Surveys: 1. The survey and preparation of every final short plat shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. 2. All surveys shall conform to standard practices and principles for land surveying. (See WAC 323-130, as amended). 3. The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. 4. The surveyor shall provide the Health Department and Planning Department data indicating the area of each lot within a final short plat. 27 , 18 00_ 533 ,:.VOL ,~,- · 6. 7. 8. 9. Permanent control and road monuments directly related to the short plat shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. Every lot corner shall be marked with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie which shall be graphically portrayed on the final short plat. A survey is not necessary until after summary approval has been granted, however, approximate lot corners shall be marked prior to summary approval. 5.50 Inspections Required improvements shall be inspected to the satisfaction of the Department of Public Works, Planning Department, or Health Department, whichever is responsible. Inspections shall be requested by the applicant at such stages as may be indicated by the appropriate department. The fees for all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid as a condition of departmental approval of the short subdivision or release of the surety. The Department of Public Works may arrange for utility inspection to be conducted by properly qualified consultants and may charge the applicant for the costs of the inspection. No bridge, drainage facility, or community water or sewer system shall be accepted unless the design and construction thereof shall have been certified by a civil engineer licensed by the State of Washington in accordance with all applicable State and local requirements. 5.60 Surety 1. Performance Surety: As an alternative to complete installation of required improvements before final short plat approval, the applicant may elect to post a performance surety guaranteeing completion of the work only, within a stated period of time not to exceed one (1) year. Surety shall be approved by the Director of Public Works, in a form acceptable to the County Prosecutor, and in an amount no less than two hundred percent (200%) of a licensed civil engineer's estimate of the cost of completing improvements to be assured. Separate surety may be required by the Director of Public Works for each required improvement to be assured. No surety shall be accepted for water supply development other than for distribution facilities. 28 2. Maintenance Bonds: A maintenance bond securing to Jefferson County the successful operation up to two (2) years of any improvements required by this ordinance, may be required by the Board as a condition of accepting the final short plat. Any maintenance bond shall be approved by the Director of Public Works, and in a form acceptable to the County Prosecutor. 29 SECTION 6 LONG SUBDIVISIONS Subsections: 6.10 Applicability 6.20 Administration 6.30 Design 6.40 Required Improvements 6.50 Inspections 6.60 Surety 6.10 Applicability This section pertains to the division of land into five (5) or more lots, tracts, parcels or sites, where any one (1) lot, tract, parcel, or site is less than five (5) gross acres (including a pro rata share of common open space and roads, and excluding tidelands). 6.20 Administration 6.201 Preapplication Consultation: Prior to making application for long subdivision approval, a prospective applicant shall arrange for the proposal to be reviewed by submitting five (5) copies of the proposal to the Planning Department at least fourteen (14) days before submission of an official preliminary long plat. The proposal should generally include the information required for submission of a preliminary plat as per Appendix C of this ordinance. Additionally, the proposal shall include two (2) conceptual designs, one (1) incorporating cluster design techniques. The designs shall include approximate lot lines, suggested provisions for parks and open space, means of ingress and egress, lot drainage, possible locations of sewage disposal and water supply systems, and possible locations of utility easements. Preapplication consultation shall also include a decision as to whether the proposal will require review and threshold determination pursuant to the State Environmental Policy Act, RCW 43.21C. There is no fee for preapplication consultation which includes design and administrative assistance, however, this free service shall not include extensive field inspection or correspondence. Preapplication consultation shall in no way limit subsequent administrative review. 30 · VOL NOTE: Prior to commencing on-site physical activity, prospective applicants are advised to contact the Planning Department to ensure proper examination of environmental factors. 6.202 Application: All persons who wish to subdivide land located in Jefferson County shall apply to the Planning Department for preliminary long plat review and recommendation, using forms supplied by the Planning Department and prepared in accordance with Appendix C of this Ordinance. (See Subsection 6.205, infra, for review and approval procedure). Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED (DATE) . NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon initial inspection appear to be insufficiently prepared to provide a basis for adequate review shall be returned by the Planning Department. A written statement citing the information requirements upon which nonacceptance is based shall be supplied by the Planning Department when requested by the applicant. The acceptability of an application shall be certified by the Planning Department within fourteen (14) days of filing. When the Planning Department has determined that the application contains sufficient information to provide an adequate basis for review, a notice containing the following statement shall be affixed to the application: AS OF (DATE) , THE APPLICATION IS FOUND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide presumptive evidence of a completed application, and the time period for review and approval shall commence. When land proposed to be subdivided is adjacent to or within one (1) mile of a municipal boundary, or contemplates use of any city or town utilities, before review commences by the Planning Department or the Hearing Examiner, notice of the application shall be given by the Planning Department to the legislative body of that city or town. When land proposed to be subdivided is within two hundred feet (200') of a shoreline, notice of the application shall be given by the Planning Department to the Jefferson-Port Townsend Shoreline Management Advisory Commission. Proposed long subdivisions located adjacent to the right-of-way of a State highway shall be presented to the District Administrator of the Washington State Department of Transportation for review and recommendation regarding such matters as deemed appropriate. A proposed long subdivision, any part of which is within a flood control zone (as provided in FICW 86.16), must be reviewed by the Washington State Department of Ecology and receive written approval prior to review by the Hearing Examiner. The Planning Department 31 shall forward copies of proposed subdivisions to appropriate fire districts, school districts, public utility districts, transit authorities, and any other relevant government agencies when deemed necessary. 6.203 Fees: Preliminary plat applications shall be accompanied by fees as established by the Board, payable to the Jefferson County Planning Department and the Jefferson County Health Department, respectively. NOTE: Fees will not be processed by the Planning Department until the application is deemed complete. 6.204 Timetable: Preliminary administrative review of long subdivision applications shall be completed within sixty (60) days of the date of submission of a completed application for divisions consisting of five (5) to fourteen (14) lots; or within eighty (80) days of submission of a completed application for divisions consisting of fifteen (15) or more lots, unless the applicant consents to an extension of the time period, or unless approval is required by a State agency. Upon completion of the preliminary review process, the Planning Department shall advise the applicant of the time and place of the public hearing at which the completed application is scheduled to be considered by the Hearing Examiner. If no public hearing has been requested on an application for a long subdivision consisting of five (5) to fourteen (14) lots, the Planning Department shall advise the applicant that the matter has been forwarded to the Board for preliminary approval or disapproval. 6.205 Preliminary Review and Approval Process: In all circumstances, the County Planning Department shall conduct preliminary administrative review of all long subdivision applications. Subsequent to preliminary administrative review, the Planning Department shall proceed in the following manner: a. For long subdivisions consisting of five (5) to fourteen (14) lots, the Planning Department, in its sole discretion, may refer the application to the Hearing Examiner for public hearing and recommendation to the Board; or b. The Planning and Building Department may forward its recommendation directly to the Board for preliminary approval or disapproval. Pursuant to RCW 58.17.095, no public hearing is required prior to preliminary plat approval of subdivisions consisting of five (5) to fourteen (14) lots. However, any person may request a hearing if the Planning Department does not exercise its discretion in referring the application to the Hearing Examiner (See Subsection 6.206.1(d), infra). For all long subdivisions consisting of fifteen (15) or more lots, the Planning Department shall refer the application to the Hearing Examiner for a public hearing and recommendation to the Board. NOTE: A long subdivision shall under no circumstance be approved before the Planning Department has conducted at least one (1) field inspection of the site proposed for subdivision. 32 VOL 6.206 Public Notice: Applications for long subdivisions consisting of five (5) to fourteen (14) lots do not require a public hearing unless the proposal is referred to the Hearing Examiner by the Planning Department, or a hearing is requested in writing by any person. All applications for long subdivisions consisting of fifteen (15) or more lots require a hearing. For long subdivisions consisting of five (5) to fourteen (14) lots, notice of preliminary administrative long plat review shall be given as follows: The Planning Department shall arrange for at least one (1) publication of the notice of pending administrative long plat review to appear in a newspaper of general circulation within the County within ten (10) days of the filing of the application. Payment of all publication fees shall be the responsibility of the applicant. Within ten (10) days after the filing of the application for preliminary administrative long plat review: The Planning Department shall provide the applicant with at least five (5) copies of the notice of pending administrative long plat review, which shall be placed in conspicuous locations on or near the property, and shall be removed by the applicant after administrative long plat approval. The notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'). All notices and notice boards shall meet Planning Department requirements. The Planning Department shall send notices to adjacent property owners advising them of the pending administrative long plat review. Names and addresses of adjacent property owners shall be provided to the Planning Department by the applicant, subject to Planning Department approval. All notices shall include notification that no public hearing will be held on the application unless a person files a request for a hearing with the County within twenty-one (21) days of the publishing of notice. When a public hearing is requested, the notice provisions of Subsection 6.206.1 of this ordinance shall apply, and the sixty (60) day period for approval or disapproval of the proposed long subdivision shall commence on the date the request for a public hearing is filed. All hearings ordered under this subsection shall be conducted by the Hearing Examiner. Any person shall have a period of twenty (20) days from the date of the notice to comment upon the proposed preliminary long plat. All comments received by the Planning Department shall be provided to the applicant. The applicant has seven (7) days from receipt of the comments to respond thereto. 33 On its own initiative, within twenty-one (21) days of the filing of an application for a long subdivision consisting of five (5) to fourteen (14) lots, the Planning Department, in its sole discretion, may cause a public hearing to be held by referring the application to the Hearing Examiner. The public hearing shall be held within sixty (60) days of the filing of the application. When a public hearing is not called as provided in this subsection, the Planning Department shall complete the review of the proposed preliminary long plat and transmit its recommendation to the Board. For long subdivisions consisting of fifteen (15) or more lots, notice of public hearing shall be given as follows: The Planning Department shall provide the applicant with at least five (5) copies of a notice of the public hearing, and one (1) copy of an affidavit of posting. The applicant shall post the notices and maintain them in place for at least ten (10) days prior to the public hearing, not including the day of posting or the day of the hearing. The notices shall be placed in conspicuous locations on or near the property and shall be removed by the applicant after the hearing. The notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'). All notices and notice boards shall meet Planning Department requirements. The affidavit of posting shall be signed, notarized, and returned to the Planning Department at least one (1) week before the hearing. The Planning Department shall arrange for at least one (1) publication of the notice to appear in a newspaper of general circulation within the County at least ten (10) days before the hearing. Payment of all publication fees shall be the responsibility of the applicant. The Planning Department shall send notices to adjacent property owners advising them of the pending long subdivision application. Names and addresses of adjacent property owners shall be provided to the Planning Department by the applicant, subject to Planning Department approval. The Planning Department shall give additional notice in accordance with FlOW 58.17. All hearing notices shall include a legal description of the proposed long subdivision and either a vicinity location sketch or a location description in nonlegal language. NOTE: Nothing in this subsection shall prohibit the Planning Department from providing additional notice to individuals not meeting the definition of an "adjacent property owner," as that term is defined in Section 2, Subsection 2.50.1 of this ordinance. 34 6.207 Health, Public Works, and Planning Department Recommendations: f When the application is for a long subdivision consisting of five (5) to fourteen (14) lots, the County Health, Planning, and Public Works Departments shall submit written recommendations, findings, and all other relevant information regarding the preliminary long plat to the Board, in care of the Planning Department, for final long plat approval. When the Planning Department, in its sole discretion, has determined that a Hearing Examiner recommendation is necessary in order to ensure that the proposed long subdivision is in conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17, and the requirements of this ordinance, the Planning Department shall submit said recommendations, findings and information to the Hearing Examiner for public hearing. When the application is for a long subdivision consisting of fifteen (15) or more lots, the recommendations of the County Health, Public Works, and Planning Departments shall be submitted to the Hearing Examiner at least seven (7) days prior to the public hearing. 6.208 Public Hearing: When the application is for a long subdivision consisting of fifteen (15) or more lots, public hearings are required prior to preliminary long plat approval, and pursuant to Subsection 6.206 of this ordinance, shall be conducted by the Hearing Examiner. The Hearing Examiner shall review the preliminary plat and recommendations of the County Health, Public Works, and Planning Departments and other relevant government agencies, including, but not limited to: public utility districts, fire districts, school districts, and transit authorities. The Hearing Examiner shall present and review all other pertinent information in the Examiner's possession and shall provide an opportunity for all interested persons to speak and submit exhibits. An accurate record of the public hearing shall be kept by the Hearing Examiner which shall be available for public inspection. 6.209 Hearing Examiner Recommendations: Within ten (10) days following the hearing, the Hearing Examiner shall submit written findings, conclusions and recommendations to the Board together with all pertinent information available. 6.210 Board of County Commissioners Action: Upon receipt of the recommendation and information on any preliminary long plat, the Board, at its next public meeting, shall set a date for the meeting where it may adopt or reject the recommendations of the Planning Department or the Hearing Examiner. If the matter was submitted directly to the Board from the Planning Department, the Board shall adopt its own findings and 35 thereafter approve or disapprove the preliminary long plat; the Board's approval of the preliminary long plat and supporting submissions shall furnish a firm basis upon which the applicant may proceed with development of the long subdivision and preparation of the final long plat in compliance with these regulations, and in accordance with any conditions of approval imposed by the Board; or If, after considering the matter at a public meeting, the Board deems a change in the Hearing Examiner's recommendation approving or disapproving any preliminary plat necessary, the change of the recommendation shall not be made until the Board conducts its own public hearing and thereupon adopts its own findings and thereafter approves or disapproves the preliminary long plat. Such public hearing may be held before a committee constituting a majority of the Board. If the hearing is before a committee, the committee shall report its recommendation on the matter to the full Board for final action. The Clerk of the Board shall keep records of the public meetings and public hearings set and held by the Board which shall be made available for public inspection. In any event, the Board shall take action on a preliminary long plat within ninety (90) days of the date of the filing of a completed application unless the applicant consents to an extension of the time period PROVIDED, if an environmental impact statement is required, the ninety (90) day period shall not include the time spent preparing and circulating the environmental impact statement. The Planning Department shall notify the applicant of the Board's action by mail as soon as practicable after the action. The notification shall specify any conditions imposed, or in the event of disapproval, the reasons thereof. The Board's approval of the preliminary long plat and supporting submissions shall furnish a firm basis upon which the applicant may proceed with development of the long subdivision and preparation of the final long plat in compliance with these regulations and in accordance with any conditions of approval imposed by the Board. 6.211 Construction Phase: Upon receipt of preliminary long plat approval, the applicant may proceed with detailed engineering plans for construction of roads, bridges, utilities, drainage works and other required improvements. After submission of plans to the departments and agencies having jurisdiction, and receipt from them of the necessary permits and approvals, the applicant may proceed with construction PROVIDED, arrangements shall be made for inspection by the Department of Public Works, and by other departments and agencies having jurisdiction. 6.212 Expiration: Approval of a preliminary long plat shall expire unless the final long plat is submitted in proper form for final approval within thirty-six (36) months, unless an extension is granted by the Board upon an 36 affirmative recommendation of the Planning Department at least thirty (30) days prior to the date of expiration. Applicants may submit written extension requests to the Planning Department at least thirty (30) days prior to the date of expiration. The Board may grant extensions not to exceed twelve (12) months, upon a showing that the applicant has in good faith attempted to submit the final long plat within the initial twelve (12) month period. 6.213 Renewal Procedure: A long plat upon which preliminary approval has expired shall be resubmitted and processed as a new application. 6.214 Final Long Plat: The final long plat and supporting data shall be prepared in accordance with Appendix D of this ordinance, and shall be submitted to the Planning Department. When the Hearing Examiner has conducted a public hearing prior to preliminary long plat approval, the final long plat and supporting data shall be submitted to the Planning Department no later than thirty (30) days prior to final review by the Board. The Planning Department shall cause the final long plat to be circulated to the Department of Public Works and the Health Department for their individual approval in accordance with the conditions for final long plat approval and the requirements of this and other applicable laws and\or ordinances. The Planning Department shall provide a copy of the plat to the County Assessor who shall segregate the assessed valuation of the property being platted and furnish same to the County Treasurer for segregation of taxes. When the Hearing Examiner has conducted a public hearing prior to preliminary long plat approval, the Planning Department shall check the final long plat and supporting data for compliance with the conditions for final long plat approval and shall prepare a written recommendation for the advice of the Board. The Board shall not consider approval of the long plat until the recommendations of the Health Department, the Department of Public Works, the Planning Department, and other relevant government agencies are in hand. The Health Department and the Department of Public Works shall promptly notify the Planning Department of any obstacles or problems which prevent or delay approval of the long plat, and the Planning Department shall thereupon notify the applicant. In all cases where a final long plat is not approved within sixty (60) days, for long plats consisting of five (5) to fourteen (14) lots, or ninety (90) days for long plats consisting of fifteen (15) or more lots, the Planning Department shall either return the long plat to the applicant with a statement of the reasons approval is denied, or shall secure a written authorization from the applicant permitting the long plat to be considered for a longer period. After approval by the Health Department, the Department of Public Works, and the Planning Department, the taxes and delinquent 37 assessments for which the property is liable shall be paid to the County Treasurer. The long plat shall then be presented to the Board for final approval. After approval by the Board, the fee for filing the long plat for record shall be deposited with the Auditor and the final long plat simultaneously recorded, together with restrictions, covenants and similar documents. 6.301 1. 6.3O2 1. 6.303 6.30 Design Lots: Residential densities shall conform with the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, and conform to the lot size standards and requirements of the Health Department and the Washington State Department of Health as provided for on-site sewage disposal systems, PROVIDED, in the event of a discrepancy, the stricter standards shall apply. The design, shape, size, and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (100') in width, the average length of said lot shall not exceed three times its average width. Lot areas in excess of minimum standards may be required for reasons of sanitation, steep slopes, slide hazards, poor drainage, flood hazards or other unique conditions or features which may warrant protection of the public interest. Creativity in lot layout and configuration is encouraged. Blocks: Block dimensions shall reflect due regard for convenient access, public safety, the limitation and opportunities of topography, economics of land use and road maintenance, and the provision of suitable sites for the intended land use. Block design shall normally provide for vehicular circulation at one-fourth (1/4) mile intervals and pedestrian circulation at one-eighth (1/8) mile intervals. Easements: Easements for the purpose of ingress and egress, and\or utility installation and maintenance, shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the final long plat. When required by conditions of final long plat approval, easements for utility installation and maintenance shall conform to the standard width of seven feet (7') along front lot lines, five feet (5') along side 38 lot lines, and ten feet (10') along rear lot lines. Where a long subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control easements shall conform substantially with the alignment of watercourses. This requirement shall not entail any responsibilities for watercourse maintenance on the part of the County and arrangements for maintenance may be required to the satisfaction of the Director of Public Works. Buffer strips or protective easements may be required, and the minimum lot depth requirement may be increased, where a long subdivision is adjacent to: a railroad, an arterial road, commercial or industrial development, tidelands, shorelands, marshes or streamways, or other land use from which separation or screening is deemed advisable. (See Appendix H for relevant documents used by the Department of Public Works). 6.304 Schools and Schoolgrounds: Applications for long subdivisions shall be reviewed in order that provisions for schools and schoolgrounds receive adequate consideration. Provision of school sites or construction of additional classroom space may be required as a condition of final long plat approval. 6.305 'rransit\School Bus Stops: Applications for long subdivisions shall be reviewed to determine whether transit or school bus stops are necessary to promote public access to safe and convenient travel. 6.306 Sidewalks: Applications for long subdivisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final long plat approval. 6.307 Open Space Land: Open space should be properly located and preserved as the County develops. In order to mitigate the direct impacts of a development, the cost of providing open space amenities should be equitably proportioned on the basis of the additional need created by the individual development. The following provisions shall apply: Minimum area for open space land shall be provided as ten percent (10%) of the total gross area of the long subdivision consistent with the Open Space Standards in Appendix G. Open space dedications shall be established by recording of a separate instrument, or by declaration of dedication graphically portrayed on the final long plat. All open space dedications shall be in perpetuity. 39 Exceptions to this requirement may be granted by the Board if the long subdivision is: (a) adjacent to, or near, existing open space land sufficient to accommodate the increased public need, or (b) when previous dedications have been made that adequately serve the public need. Fees-in-lieu of dedication of land for open space land may be permitted by the Board PROVIDED: (a) the amount of the fee shall be equal to the average fair market value of the land in the long subdivision which the applicant would have been required to dedicate; and (b) the use of fees shall only be for the purpose of acquisition or development of open space land in sufficient proximity to the long subdivision which contributes the fee to reasonably benefit the future residents of the long subdivision. All fees-in-lieu shall meet the requirements of RCW 82.02.020. Open space land should be appropriately located and provided with access when deemed advisable. 6.308 State Environmental Policy Act Review: Applications for long subdivisions of lands involving environmentally sensitive areas, or which would exceed the categorical exemption levels specified by SEPA, shall include threshold determination, and pursuant to SEPA, shall be subject to review on the basis of the environmental checklist and other documents required to be submitted. (See SEPA, RCW 43.21C; WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84, for more detailed information). Lands designated as environmentally sensitive may be included within the boundaries of a long plat designated as community property, recreation area, or other similar open space, or may be included within a lot, if the lot contains sufficient land of suitable characteristics to meet County standards for construction of a dwelling. 6.309 Roads: Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic volumes and patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. Whenever a long subdivision abuts an existing or proposed County road, necessary realignment and\or widening of the right-of-way shall be accomplished to applicable County standards and to the satisfaction of the Director of Public Works. Roads shall be laid out in accordance with a logical arrangement of their functions as arterials, collectors or local access roads. Local access roads should discourage through traffic; collector roads should provide for connection of local access roads and arterials. Intersections with arterials should be spaced at least six hundred feet (600') apart. 40 10. 11. 12. 13. All long subdivisions shall be served by a constructed and maintained public or private road, which shall provide access in at least two (2) places wherever practicable. Long subdivisions shall incorporate standard sixty foot (60') wide rights-of- way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording of a separate instrument or by declaration of easement dedication, graphically portrayed on the final long plat. However, easement width for private roads which: (a) do not exceed five hundred feet (500') in length and serve fourteen (14) or fewer lots; or (b) dead-end due to topographic features such as shoreline or river, may be reduced by the Board pursuant to recommendation by the Director of Public Works. In instances where the standard sixty foot (60') wide easement is not required, provisions for parallel easements for utility installation and maintenance may be required if deemed necessary by the Director of Public Works. All reduced width easements shall be designed to include provisions for emergency vehicle turnarounds. All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. Where necessary to join with existing roads or to provide for future area- wide circulation, roads may be required to extend to the outside boundaries of a long subdivision. Roads may be required to be extended to the boundaries of long subdivisions which abut public lands and public bodies of water PROVIDED, such access roads need not be provided at an interval more frequently than one-half (1/2) mile. Half-width roads shall be prohibited unless adjacent to existing half-width roads. Permanent turnarounds, preferably square, may be required at the end of dead-end roads which are intended for continuation or future area-wide circulation. Four-way local access road intersections should be permitted only where required for convenient traffic circulation, and off-set intersections should be separated by at least one hundred twenty-five feet (125') between center lines. Intersecting streets shall digress at an angle as close as possible to ninety (90) degrees for a distance of two hundred feet (200') from their junction. Curved rights-of-way shall provide for the smooth connection of straight-road sections which deflect from each other, as is necessary to provide for traffic safety and proper location of utilities. Reverse curves shall be separated by tangents of sufficient length to provide for traffic safety. Road grades, curves, and intersections shall provide adequate sight distances for traffic safety. Engineering design of all roads shall conform with officially adopted Jefferson County road standards. 41 14. Access to long subdivisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents used by the Department of Public Works). 6.40 Required Improvements 6.401 Roads: All roads shall be constructed to County standards upon approval of the Director of Public Works. Roads providing access to and\or within a long subdivision shall be constructed according to Department of Public Works design standards, based upon projected use and traffic volume. Agreements for the continued maintenance of all private roads shall be established and referenced on the final long plat. Road Improvement Districts may be formed for the purpose of constructing public roads within long subdivisions. All improvements to be located under roadways, including: culverts, storm drains, sanitary sewers, water lines, and service leads, shall be installed before ballast is laid. The road bed shall be brought to an approved grade, road ditches shall be graded and backsloped, and inspections shall be arranged with the Department of Public Works at specified stages. (See Subsection 6.50, infra, for inspection procedure). All required road construction must be approved by the Director of Public Works prior to approval of the final long plat. Legal access from the nearest public road to the entire tract being divided shall be secured and graphically portrayed on the final long plat. Road approach permits for private roads that access onto a County road or State highway shall be secured prior to final long plat approval. When adjacent to a County road or State highway, the approach shall be graphically portrayed on the final long plat. (See Appendix H for relevant documents used by the Department of Public Works). 6.402 0ff-S. ite Traffic Impacts: The Director of Public Works may require that the applicant hire an engineering firm to prepare a traffic impact study to determine the potential off-site traffic impacts on existing roads posed by the proposed long subdivision. Based upon the findings and information in the traffic impact study, and any other relevant data available, the applicant may be assessed a traffic impact fee to offset the costs which may be incurred by the County in upgrading any off-site road(s) affected by the long subdivision. All impact fees shall conform with the requirements of RCW 82.02, and RCW 43.21C. 42 Impact fees shall be proportionally based, and accurately reflect the additional burden upon existing off-site roads caused by the development. NOTE: Traffic impact fees shall be levied through an impact fee ordinance adopted pursuant to RCW 82.02.020. {).403 Bridges: The design and construction of any bridge in a long subdivision shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the final long plat. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Department of Public Works). 6.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 6.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of the roads, lots, property, or facilities within the long plat, or to adjacent private or public property shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. (See Appendix H for relevant documents used by the Department of Public Works). 6.406 Water Supply: For long subdivisions where any one (1) lot is less than two (2) acres, an adequate potable water supply shall be provided to each lot within the subdivision. Water supply may be accomplished through connection to a public or community water supply system, through individual wells, or any other alternative method consistent with State law. Individual wells shall meet minimum Jefferson County Health Department and Coordinated Water System Plan standards. Additionally, individual wells shall be served by easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Easements shall be established by recording of a separate instrument or by declaration of easement dedication, and shall be graphically portrayed on the final long plat. 43 J A potable water supply need not be provided to the lots of a long subdivision where the smallest lot created is greater than two (2) acres, when the lots meet minimum standards of the Health Department for individual wells. When constructed, however, individual wells shall be served by well easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Well easements shall be established by recording of a separate instrument or by declaration of easement dedication, and shall be graphically portrayed on the final long plat. In any instance where a potable water supply is not provided to a lot within a long subdivision, the applicant shall specifically identify each such lot by including the following notice on the final long plat: WARNING TO PURCHASERS THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN THIS LONG SUBDIVISION HAVE NOT BEEN PROVIDED WITH A POTABLE WATER SUPPLY. NO BUILDING PERMIT WILL BE ISSUED BY JEFFERSON COUNTY WITHOUT FIRST SATISFYING THE POTABLE WATER REQUIREMENTS ESTABLISHED BY THE JEFFERSON COUNTY HEALTH DEPARTMENT. bm Any instrument of sale conveying any interest in any lot not provided with a potable water supply shall clearly state that a water supply is not provided. Where the lots of a long subdivision do not meet the Health Department standards for individual wells, water shall be provided through public or community water supply systems. Community water systems and alternative water systems must comply with all applicable State statutes, and the rules and regulations of the Washington State Department of Health, as well as the Jefferson County Health Department and Coordinated Water System Plan provisions regarding quantity, quality, source, source protection, distribution and storage methods and facilities, and treatment and testing procedures. 6.407 Sewage Disposal: Installation of sewage disposal systems within long subdivisions shall be in compliance with regulations and standards of the Washington State Department of Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. 6.408 Fire Protection' Applicants for long subdivisions where the smallest lot is less than two (2) acres shall provide adequate fire protection measures in 44 accordance with the Uniform Fire Code and local fire district recommendations consistent with State law. Applications for long subdivisions where the smallest lot is greater than two (2) acres shall be reviewed by a representative of the local fire district in which the proposed long subdivision would occur. The representative shall recommend what fire protection measures, if any, are necessary for the long subdivision, and shall forward appropriate recommendations to the Planning Department. 6.409 Electric and Telephone Service: Arrangements shall be made by the applicant to install underground utility lines for electricity and telephone service. 6.410 SurveYs: 3. 4. 5. 6. 7. 8. 9. The survey and preparation of every long plat shall be made by, or under the supervision of, a licensed land surveyor registered by the State of Washington. All surveys shall conform to standard practices and principles for land surveying (See WAC 323-130, as amended). The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. The surveyor shall provide the Health Department and Planning Department data indicating the area of each lot within a final long plat. Permanent control and road monuments directly related to the long plat shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. Every lot corner shall be marked with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie which shall be graphically portrayed on the final long plat. A survey is not necessary until after preliminary long plat approval. However, approximate lot corners shall be marked prior to preliminary long plat review. 6.50 Inspections Required improvements shall be inspected to the satisfaction of the Department of Public Works, Planning Department, or Health Department, whichever is responsible. Inspections shall be requested by the applicant at such stages as may be indicated by the appropriate department. The fees for all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid as a condition of departmental approval of the long 45 subdivision or release of the surety. The Department of Public Works may arrange for utility inspection to be conducted by properly qualified consultants and may charge the applicant for the costs of the inspection. No bridge, drainage facility, or community water or sewer system shall be accepted unless the design and construction thereof shall have been certified by a civil engineer licensed by the State of Washington in accordance with all applicable State and local requirements. 6.60 Surety Procedures for accepting surety by Jefferson County for long subdivisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 46 SECTION 7 LARGE LOT SUBDIVISIONS Subsections: 7.10 Applicability 7.20 Administration 7.30 Design 7.40 Required Improvements 7.50 Surety 7.10 Applicability. This section pertains to the division of land into two (2) or more lots, tracts, parcels or sites, where the smallest lot, tract, parcel, or site is five (5) gross acres or greater (including a pro rata share of common open space and roads, and excluding tidelands). 7.20 Administration The administrative procedure for review of large lot subdivisions consisting of four (4) or fewer lots, tracts, parcels or sites shall be the same procedure as described in Section 5, Subsection 5.20 of this ordinance. The administrative procedure for review of large lot subdivisions consisting of five (5) or more lots, tracts, parcels or sites shall be the same procedure as described in Section 6, Subsection 6.20 of this ordinance. 7.301 1. 7.30 Design Lots: Residential densities shall conform with the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, and conform to the lot size standards and requirements of the Health Department and the Washington State Department of Health as provided for on-site sewage disposal systems, PROVIDED, in the event of a discrepancy, the stricter standards shall apply. 47 '..VOL The design, shape, size, and orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (100') in width, the average length of said lot shall not exceed three times its average width. Lot areas in excess of minimum standards may be required for reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazards or other unique conditions or features which may warrant protection of the public interest. Creativity in lot layout and configuration is encouraged. 7.302 1. m -. Easements; Easements for the purpose of ingress and egress, and\or utility installation and maintenance, shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the final plat. When required by conditions of final plat approval, easements for utility installation and maintenance shall conform to the standard width of seven feet (7') along front lot lines, five feet (5') along side lot lines, and ten feet (10') along rear lot lines. Where a large lot subdivision is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control easements shall conform substantially with the alignment of watercourses. This requirement shall not entail any responsibilities for watercourse maintenance on the part of the County and arrangements for maintenance may be required to the satisfaction of the Director of Public Works. Buffer strips or protective easements may be required, and the minimum lot depth requirement may be increased, where a large lot subdivision is adjacent to: a railroad, an arterial road, commercial or industrial development, tidelands, shorelands, marshes or streamways, or other land use from which separation or screening is deemed advisable. (See Appendix H for relevant documents used by the Department of Public Works). 7.303 Schools and Schoolgrounds: Applications for large lot subdivisions consisting of five (5) or more lots shall be reviewed in order that provisions for schools and schoolgrounds receive adequate consideration. Provision of school sites or construction of additional classroom space may be required as a condition of final large lot subdivision approval. 7.304 Transit\School Bus Stops: Applications for large lot subdivisions shall be reviewed to determine whether transit or school bus stops are necessary to promote public access to safe and convenient travel. 48 V01_ 7.305 Sidewalks: Applications for large lot subdivisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final plat approval. 7.306 Open Space Land: Open space land should be properly located and preserved as the County develops. In order to mitigate the direct impacts of a development, the cost of providing open space amenities should be equitably proportioned on the basis of the additional need created by the individual development. The following provisions shall apply: 1. Applicants for large lot subdivisions where any one (1) lot is less than twenty (20) acres, shall set aside a minimum of ten percent (10%) of the total gross area of the large lot subdivision for open space land consistent with the Open Space Standards in Appendix G. Open space dedications shall be established by recording a separate instrument, or by declaration of dedication graphically portrayed on the final plat. All open space dedications shall be in perpetuity. a. Exceptions to this requirement may be granted if the large lot subdivision is: (a) adjacent to, or near, existing open space land sufficient to accommodate the increased public need, or (b) when previous dedications have been made that adequately serve the public need. b. Fees-in-lieu of dedication of land for open space may be permitted by the Board PROVIDED: (a) the amount of the fee shall be equal to the average fair market value of the land in the subdivision which the applicant would have been required to dedicate; and (b) the use of fees shall only be for the purpose of acquisition or development of open space land in sufficient proximity to the subdivision which contributes the fee to reasonably benefit the future residents of the subdivision. All fees-in-lieu shall meet the requirements of RCW 82.02.020. Open space should be appropriately located and provided with access when deemed advisable. No open space dedication is required for subdivisions into lots of twenty (20) acres or greater. 7.307 State Environmental Policy Act Review: Applications for large lot subdivision of lands involving environmentally sensitive areas, or which would exceed the categorical exemption levels specified by SEPA shall include threshold determination, and pursuant to SEPA, shall be subject to review on the basis of the environmental checklist and other documents required to be submitted. (See SEPA, RCW 43.21C; WAC 197-11; and the Jefferson County SEPA Implementing Ordinance, No. 7-84, for more detailed information). 49 '~VOL Lands designated as environmentally sensitive may be included within the boundaries of a large lot plat referenced as community property, recreation area, or other similar open space, or may be included within a lot, if the lot contains sufficient land of suitable characteristics to meet County standards for construction of a dwelling. 7.308 Significant Natural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a large lot plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 7.309 Roads: Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic uses, volumes and patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. All large lot subdivisions shall be served by a constructed and maintained public or private road. Internal roadway systems shall access to a public road in at least two (2) locations, wherever practicable. Private roads shall be designed in accordance with the standards prescribed in Appendix F of this ordinance. Public roads shall be designed in accordance with officially adopted Jefferson County roadway design standards as established by the Director of Public Works. Large lot subdivisions shall incorporate standard sixty foot (60') wide rights- of-way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording of a separate instrument or by declaration of easement dedication, graphically portrayed on the final plat. However, easement width for private roads which: (a) do not exceed five hundred feet (500') in length and serve four (4) or fewer lots; or (b) dead-end due to topographic features such as shoreline or river, may be reduced by the Board pursuant to recommendation by the Director of Public Works. In instances where the standard sixty foot (60') wide easement is not required, provisions for parallel easements for utility installation and maintenance may be required if deemed necessary by the Director of Public Works. All reduced width easements shall be designed to include provisions for emergency vehicle turnarounds. 50 55(; All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. Where necessary to join with existing roads, or to provide for future area- wide circulation, roads may be required to extend to the outside boundaries of large lot subdivisions. Permanent turnarounds, preferably square, may be required at the end of dead-end roads which are intended for continuation or future area-wide circulation. Access to large lot subdivisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents used by the Department of Public Works). 7.40 Required Improvements 7.401 Roads: All roads shall be constructed to County standards upon approval of the Director of Public Works. Roads providing access to and\or within a large lot subdivision shall be constructed according to Department of Public Works design standards, based upon projected use and traffic volume. Agreements for the continued maintenance of all private roads shall be established and referenced on the final large lot subdivision plat. Road Improvement Districts may be formed for the purpose of constructing public roads within large lot subdivisions. All improvements to be located under roadways, including: culverts, storm drains, sanitary sewers, water lines, and service leads, shall be installed before ballast is laid. The road bed shall be brought to an approved grade, road ditches shall be graded and backsloped, and inspections shall be arranged with the Department of Public Works at specified stages. (See Subsection 7.50, infra, for inspection procedure). All required road construction must be approved by the Director of Public Works prior to large lot subdivision approval. Legal access from the nearest public road to the entire tract being divided shall be secured and graphically portrayed on the large lot subdivision plat. Road approach permits for private roads that access onto a County road or State highway shall be secured prior to final plat approval. When adjacent to a County road or State highway, the approach shall be graphically portrayed on the large lot subdivision plat. (See Appendix H for relevant documents used by the Department of Public Works). 51 ' ~'0L 7.402 Off-Site Traffic Impacts: The Director of Public Works may require that the applicant hire an engineering firm to prepare a traffic impact study to determine the potential off-site traffic impacts on existing roads posed by the proposed large lot subdivision. Based upon the findings and information in the traffic impact study, and any other relevant data available, the applicant may be assessed a traffic impact fee to offset the costs incurred by the County in upgrading any off-site road(s) affected by the large lot subdivision. All impact fees shall conform with the requirements of FlCW 82.02, and RCW 43.21C. Impact fees shall be proportionally based, and accurately reflect the additional burden upon existing off-site roads caused by the development. NOTE: Traffic impact fees shall be levied through an impact fee ordinance adopted pursuant to ROW 82.02.020. 7.403 Bridges: The design and construction of any bridge in a large lot subdivision shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the large lot subdivision. All bridge designs shall be certified by a licensed civil engineer· (See Appendix H for relevant documents used by the Department of Public Works). 7.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 7.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of roads, lots, property, or facilities within or adjacent to large lot subdivisions where any one (1) lot is less than twenty (20) acres, shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal· Drainage control plans are not required for large lot subdivisions where the smallest lot is greater than twenty (20) acres. However, the Director of Public Works, in his\her sole discretion, may require applicants to implement drainage improvements to ensure compliance with County standards. 52 ,, 18 O(l 550 (See Appendix H for relevant documents used by the Department of Public Works). 7.406 Water Su~olv: A potable water supply need not be provided to the lots of a large lot subdivision where the smallest lot is less than twenty (20) acres, when the lots meet minimum standards of the Health Department for individual wells. When constructed, however, individual wells shall be served by well easements which may not encumber adjacent properties without the prior written consent of the adjacent land owner(s). Well easements shall be established by recording of a separate instrument or by declaration of easement dedication, and shall be graphically portrayed on the final large lot plat. In any instance where a potable water supply is not provided to a lot within a large lot subdivision, the applicant shall specifically identify each such lot by including the following notice on the final plat: WARNING TO PURCHASERS THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN THIS LARGE LOT SUBDIVISION HAVE NOT BEEN PROVIDED WITH A POTABLE WATER SUPPLY. NO BUILDING PERMIT WILL BE ISSUED BY JEFFERSON COUNTY WITHOUT FIRST SATISFYING THE POTABLE WATER REQUIREMENTS ESTABLISHED BY THE JEFFERSON COUNTY HEALTH DEPARTMENT. Any instrument of sale conveying any interest in any lot not provided with a potable water supply shall clearly state that a water supply is not provided. 7.407 Sewage Disposal: Installation of sewage disposal systems within large lot subdivisions where the smallest lot is less than twenty (20) acres, shall be in compliance with regulations and standards of the Washington State Department of Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. Large lot subdivisions where the smallest lot is greater than twenty (20) acres are not subject to the requirements of 7.407.1 of this ordinance PROVIDED, that each lot within the subdivision contains the following notice on the final plat: WARNING TO PURCHASERS THE LOTS, PARCELS, OR TRACTS CONTAINED WITHIN THIS SUBDIVISION HAVE NOT BEEN APPROVED FOR THE INSTALLATION OF AN ON-SITE SEWAGE DISPOSAL SYSTEM. 53 IT IS UNKNOWN WHETHER THE LOTS, PARCELS, OR TRACTS CONTAINED HEREIN CAN OR WILL CONSTITUTE A BUILDING SITE. NO BUILDING PERMIT WILL BE ISSUED BY JEFFERSON COUNTY WITHOUT FIRST SATISFYING THE SEWAGE DISPOSAL REQUIREMENTS ESTABLISHED BY THE JEFFERSON COUNTY HEALTH DEPARTMENT. 7.408 Fire Protection: = Applications for large lot subdivisions where the smallest lot is less than twenty (20) acres, shall be reviewed by a representative of the local fire district in which the proposed large lot subdivision would occur. The representative shall recommend what fire protection measures, if any, are necessary for the large lot subdivision, and shall forward appropriate recommendations to the Planning Department. Applicants for large lot subdivisions where the smallest lot created is greater than twenty (20) acres are encouraged to consult with local fire district representatives regarding the development of fire protection measures. 7.409 Electric and Telephone Service: Applicants for large lot subdivisions are not required to provide electric and telephone facilities. 7.410 Surveys: 3. 4. 5. 7. 8. 9. 10. The survey and preparation of every large lot subdivision shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. All surveys shall conform to standard practices and principles for land surveying. (See WAC 323-130, as amended). The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. The surveyor shall provide the Health Department and Planning Department data indicating the area of each lot within a large lot subdivision. Permanent control and road monuments directly related to the large lot subdivision shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. Every lot corner shall be marked with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie and shall be graphically portrayed on the final plat. All large lot plats shall be given a name. The name shall not be a duplicate of another plat. All large lot plats shall be filed as a matter of public record with the office of the County Auditor. 54 V01_ 7.50 Inspections Required improvements shall be inspected to the satisfaction of the Department of Public Works, Planning Department, or Health Department, whichever is responsible. Inspections shall be requested by the applicant at stages as may be indicated by the appropriate department. The fees for all inspections, plan checking, testing, sampling, and other work incidental to approval of the required improvements shall be charged to the applicant and paid as a condition of departmental approval of the large lot subdivision or release of the surety. The Department of Public Works may arrange for utility inspection to be conducted by properly qualified consultants and may charge the applicant for the costs of the inspection. No bridge, drainage facility, or community' water or sewer system shall be accepted unless the design and construction thereof shall have been certified by a civil engineer licensed by the State of Washington in accordance with all applicable State and local requirements. 7.60 Surety Procedures for accepti'ng surety by Jefferson County for large lot subdivisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 55 SECTION 8 MOBILE HOME PARK DIVISIONS Subsections: 8.10 Applicability 8.20 Administration 8.30 Design 8.40 Required Improvements 8.50 Inspections 8.60 Surety 8.10 Applicability This section constitutes a "binding site plan process" for mobile home park divisions as permitted by RCW 58.17.035, where the lots, tracts or parcels created are for the purpose of rent or lease. J 8.20 Administration The administrative procedure for review of mobile home park divisions consisting of four (4) or fewer lots, tracts, or sites for the purpose of lease shall be the same procedure as described in Section 5, Subsection 5.20 of this ordinance. The administrative procedure for review of mobile home park divisions consisting of five (5) or more lots, tracts, or sites for the purpose of lease shall be the same procedure as described in Section 6, Subsection 6.20 of this ordinance. 8.301 1. 8.30 Design Lots: Residential densities shall conform with the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, and conform to the lot size standards and requirements of the Health Department and the Washington State Department of Health as provided for on-site sewage disposal systems, PROVIDED, in the event of a discrepancy, the stricter standards shall apply. 56 o The design, shape, size or orientation of lots shall be appropriate to the use for which the lots are intended and the character of the area in which they are located. Lots areas in excess of minimum standards may be required for reason of sanitation, steep slopes, slide hazards, poor drainage, flood hazard, or other unique conditions or features which may warrant protection of the public interest. Creativity in lot layout and configuration is encouraged. 8.302 Blocks: Block dimensions shall reflect due regard for convenient access, public safety, the limitations and opportunities of topography, economics of land use and road maintenance, and the provision of suitable sites for the intended land use, Block design shall normally provide for vehicular circulation of one-fourth (1/4) mile intervals and pedestrian circulation on one-eighth (1/8) mile intervals, 8.303 Easements: = Easements for the purpose of ingress and egress, and\or utility installation and maintenance, shall be established by recording a separate instrument, or by declaration of easement dedication, and shall be graphically portrayed on the binding site plan. When required by conditions of summary or final approval, easements for utility installation and maintenance shall conform to the standard width of seven feet (7') along front lot lines, five feet (5') along side lot lines, and ten feet (10') along rear lot lines. Where a mobile home park division is traversed by a watercourse, drainage channel, or stream, provision shall be made for a drainage easement of adequate width for maintenance and erosion control purposes. Drainage control easements shall conform substantially with the alignment of watercourses. This requirement shall not entail any responsibilities for watercourse maintenance on the part of the County and arrangements for maintenance may be required to the satisfaction of the Director of Public Works. Buffer strips or protective easements may be required, and the minimum lot depth requirement may be increased, where a mobile home park division is adjacent to: a railroad, an arterial road, commercial or industrial development, tidelands, shorelands, marshes or streamways, or other land use from which separation or screening is deemed advisable. (See Appendix H for relevant documents used by the Department of Public Works). 8.304 Schools and Sch0olgrounds: All mobile home park divisions shall comply with the school and schoolground provisions of Section 7, Subsection 7.303 of this ordinance. 57 8.305 Transit\School Bus Stops: Applications for mobile home park divisions shall be reviewed to determine whether transit or school bus stops are necessary to promote the public access to safe and convenient travel. 8.306 Sidewalks: Applications for mobile home park divisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final binding site plan approval. 8.307 Screening and Buffering: Screening and buffering areas shall be established with a minimum width of twenty-five feet (25') along all exterior property lines. Screening and buffering areas shall not contain any constructed facilities, erected or placed, with the exception of utility lines, fencing, or security posts. Screening and buffering areas shall be left in their natural state, or, if necessary, supplemented by plants. 8.308 OPen Space Land: All mobile home park divisions shall comply with the open space requirements of Section 5, Subsection 5.305 of this ordinance. 8.309 State Environmental Policy Act Review: All mobile home park divisions shall comply with the environmental review provisions of Section 6, Subsection 6.307 of this ordinance. 8.310 Significant Natural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 8.311 Roads: Roads shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. Whenever a mobile home park division abuts an existing or proposed County road, necessary realignment and\or widening of the right-of 58 m 10. 11. -way shall be accomplished to applicable County standards and to the satisfaction of the Director of Public Works. Roads shall be laid out in accordance with a logical arrangement of their functions as arterials, collectors, or local access roads. Local access roads should discourage through traffic. Collector roads should provide for connection of local access roads and arterials. Intersection with arterials should be spaced at least six hundred feet (600') apart. All mobile home park divisions shall be served by a constructed and maintained public or private road which shall provide access in a least two (2) places wherever practicable. Mobile home park divisions shall incorporate standard sixty foot (60') wide rights-of-way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording of a separate instrument or by declaration of easement dedication, graphically portrayed on the binding site plan. However, easement width for private roads which: (a) dead-end due to topographic features such as a shoreline or river; or (b) do not exceed five hundred feet (500') in length may be reduced by the Board pursuant to recommendation by the Director of Public Works. In instances where the standard sixty foot (60') wide easement is not required, provisions for parallel easements for utility installation and maintenance may be required if deemed necessary by the Director of Public Works. All reduced width easements shall be designed to include provisions for emergency vehicle turnarounds. All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. Where necessary to join with existing roads or to provide for future area- wide circulation, roads may be required to extend to the outside boundaries of a mobile home park division. Roads may be required to be extended to the boundaries of mobile home park divisions which abut public lands and public water PROVIDED, such access roads need not be provided at an interval more frequently than one-half (1/2) mile. Half-width roads shall be prohibited unless adjacent to existing half-width roads. Permanent turnarounds, preferably square, may be required at the end of dead-end roads which are intended for continuation or future area-wide circulation. Four-way local access road intersections should be permitted only when required for convenient traffic circulation, and offset intersections should be separated by at least one hundred twenty-five feet (125') between center lines. Intersecting streets shall digress at an angle as close as possible to ninety (90) degrees for a distance of one hundred feet (100') from their junction. Curved rights-of-way shall provide for the smooth connection necessary to provide for traffic safety, and proper location of utilities. Reverse curves shall be separated by tangents of sufficient length to provide for traffic safety. 59 VOL 12. 13. 14. Road grades, curves and intersection shall provide adequate sight distances for traffic safety. Engineering design of all roads shall conform with Jefferson County road standards. Access to mobile home park divisions adjacent to arterial or collector roads should be restricted. All lots shall be served by an internal road system unless the lots front on a local access road. (See Appendix H for relevant documents incorporated by reference within this ordinance). 8.40 Required Improvement,s 8.401 Roads: Roads in mobile home park divisions shall comply with Section 5, Subsection 5.401 of this ordinance. 8.402 Off-Site Traffic Impacts: compliance with the off-site traffic 5.402 of this ordinance. Mobile home park divisions shall impacts provisions in Section 5, proceed in Subsection 8.403 Bridges: The design and construction of any bridge in a mobile home park division shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the final binding site plan. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Department of Public Works). 8.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 8.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of the roads, lots, property, or facilities within the mobile home park division, or to adjacent private or public property shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. 60 (See Appendix H for relevant documents used by the Department of Public Works). 8.406 Water Suoplv: Mobile home park divisions shall be provided with a water supply in compliance with Section 5, Subsection 5.406 of this ordinance. 8.407 Sewage Disposal/Sanitation' Installation of sewage disposal systems within mobile home park divisions shall be in compliance with regulations and standards of the Washington State Department of Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. 8.408 Fire Protection: Fire protection measures for mobile home park divisions shall comply with Section 5, Subsection 5.408 of this ordinance. 8.409 1. 2. Electric and Telephone Service: Complete installation of electric and telephone service is required in mobile home park divisions. No new mobile home park division shall be serviced by overhead utility facilities. 8.410 1. 7. 8. 9. S u rveys: The survey and preparation of every mobile home park binding site plan shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. All surveys shall conform to standard practices and principles for land surveying (See WAC 323-130, as amended). The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. The surveyor shall provide the Health Department and Planning Department data indicating the area of each lot within a mobile home park division. Permanent control and road monuments directly related to the mobile home park division shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. Every lot corner shall be marked with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie and shall be graphically portrayed on the mobile home park binding site plan. A survey is not necessary until after summary or preliminary mobile home park binding site plan approval. However, approximate lot corners shall be marked prior to summary or preliminary binding site plan review. 61 8.50 Insoections The inspection procedure for mobile home park divisions Section 6, Subsection 6.50 of this ordinance. shall be the same as 8.60 Surety Procedures for accepting surety by Jefferson County for mobile home park divisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 62 SECTION 9 RECREATIONAL VEHICLE PARK DIVISIONS Subsections: 9.10 Applicability 9.20 Administration 9.30 Design 9.40 Required Improvements 9.50 Inspections 9.60 Surety 9.10 Applicability This section constitutes a "binding site plan process" for recreational vehicle park divisions as permitted by RCW 58.17.035, where the lots, tracts or parcels created are for the purpose of rent or lease. 9.20 Administration The administrative procedure for review of recreational vehicle park divisions shall be the same procedure as described in Section 6, Subsection 6.20 of this ordinance for long subdivisions consisting of fifteen (15) or more lots PROVIDED, that all hearings shall be conducted by the Planning Commission. 9.301 1. 9.30 Design General: All recreational vehicle park divisions shall conform with the Jefferson County Comprehensive Plan and\or applicable community development plan, the Jefferson County Development Code, No. 3-89, RCW 58.17, and the requirements of this ordinance, PROVIDED, in the event of a discrepancy between the standards established herein and those contained in any other applicable plan, control, or ordinance, the stricter standards shall apply. All improvements required by this ordinance, including but not limited to roads, bridges, drains, culverts, storm-water and sanitary sewer systems, fire protection systems, wells and water systems, parks, 63 telephone and electrical systems, and related structures or devices, shall be designed in accordance with the standards currently in effect at the time of preliminary site plan approval. Upon submittal for reapproval, preliminary site plans shall proceed in compliance with the regulations and standards applicable at the time of reapproval. Every recreational vehicle site shall contain at least five hundred square feet (500') of space. Recreational vehicle sites shall be designed in such a manner as to provide a minimum of ten feet (10') between vehicles. 9.302 Density: For the purposes of this ordinance the maximum density in recreational vehicle park divisions shall be eight (8) recreational vehicle sites per gross acre. Recreational vehicle sites shall be occupied on a temporary basis only by no more than one (1) recreational vehicle and appurtenances (boat, awning, etc.) at any period of time. 9.303 Screening and Buffering: Screening and buffering areas shall be established with a minimum width of twenty-five feet (25') along all exterior property lines. Screening and buffering areas shall not contain any constructed facilities, erected or placed, with the exception of utility lines, fencing, or security posts. Screening and buffering areas shall be left in their natural state, or, if necessary, supplemented by plants. 9.304 Common Facilities, Recreation Areas, and Open Spaces: Common facilities such as service buildings, sanitary sewage disposal facilities including septic tanks and drainfields, recreation space, open space, roads, paths, permanent buildings, and facilities for other general purposes shall be designed to the level of full use of the recreational vehicle development. Paths or trails to common facilities shall not interfere with or cross a recreational vehicle site, and shall consider pedestrian safety at those points where trails or paths intersect roads. At least twenty-five percent (25%) of the total land area within a recreational vehicle park division shall be dedicated, in perpetuity, for open space· The amount of open space shall not include roads, but may include land devoted to common facilities or land left undeveloped or preserved. At least one-half (1/2) of the open space must be suitable for active recreational pursuits. 9.305 State Environmental Policy Act Review: All recreational vehicle park divisions shall comply with the environmental review provisions of Section 6, Subsection 6.307 of this ordinance. 64 9.306 Significant Natural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 9.307 Access and Circulation: Access and circulation shall be designed with appropriate consideration for existing and projected roads, anticipated traffic patterns, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. 1. Recreational vehicle park divisions shall have an access road connecting to an existing public road, designed in accordance with Jefferson County road standards. 2. Recreational vehicle parks shall be served by at least one (1) major access road to and from the development, and shall contain provisions for one (1) or more emergency exit(s). 3. Roads within the confines of the recreational vehicle park division shall provide for access to each recreational vehicle site, and ease of movement within the development. 4. Recreational vehicle park divisions shall incorporate standard sixty foot (60') wide rights-of-way where public roads are to be dedicated. Private road easements shall also be sixty feet (60') wide, and shall be established by recording of a separate instrument or by declaration of easement dedication, graphically portrayed on the binding site plan. However, easement width for private roads may be reduced by the Board pursuant to recommendation by the Director of Public Works. In instances where the standard sixty foot (60') wide easement is not required, provisions for parallel easements for utility installation and maintenance may be required if deemed necessary by the Director of Public Works. All reduced width easements shall be designed to include provisions for emergency vehicle turnarounds. 5. All dead-end roads shall be designed to include provisions for emergency vehicle turnarounds in accordance with standards established by the Director of Public Works. 6. All roads shall conform to the standards of the Department of Public Works. 7. Roads shall be designed with appropriate lighting and marked to insure traffic safety. 8. Security fences or other means may be employed to insure use of private roads by appropriate parties. 65 (See Appendix H for relevant documents used by the Department of Public Works). 9.40 Required Improvements 9.401 Roads: Roads in recreational vehicle park divisions shall comply with Section 5, Subsection 5.401 of this ordinance. 9.402 Off-Site Traffic Impacts: Recreational vehicle park divisions shall proceed in compliance with the off-site traffic impacts provisions in Section 5, Subsection 5.402 of this ordinance. 9.403 Bridges: The design and construction of any bridge in a mobile home park division shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the final binding site plan. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Department of Public Works). 9.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 9.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of the recreational vehicle sites, property, or facilities within the recreational vehicle park division, or to adjacent private or public property shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. (See Appendix H for relevant documents used by the Department of Public Works). 9.406 Water SuD01v: Applicants for recreational vehicle park divisions shall provide a water system, adequate in quantity and quality, in accordance with the 66 rules and regulations of the Washington State Department of Health and the County Health Department as regards source, source protection, facilities for withdrawal, treatment, storage, transmission and distribution. Water shall be available at a maximum of two hundred feet (200') from every recreational vehicle site.Adequate disposal for faucet overflow shall be provided at each facility. 9.407 Sewage Disposal and Service Buildings: Installation of sewage disposal systems and service buildings within recreational vehicle park divisions shall be in compliance with regulations and standards of the Washington State Department Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. Each recreational vehicle park division shall be provided with sanitary dumping station(s). Sanitary dumping stations shall not be required if sewer connections are provided to all recreational vehicle sites. Service buildings containing the necessary toilet and other plumbing fixtures shall be provided in recreational vehicle park divisions. Service buildings shall be located at a maximum of four hundred feet (400') from each recreational vehicle site. 9.408 Solid Waste: Adequate provisions for the storage, collection, and disposal of solid waste shall be provided within the recreational vehicle park division. 9.409 Fire Protection: A water supply adequate for fire protection in accordance with the Uniform Fire Code and local fire district recommendations consistent with State law, is required for all recreational\vehicle park divisions. An approved fire fighting vehicle and\or other permanent fire fighting devices or equipment shall be installed within the confines of recreational vehicle park divisions when required by either the Washington State Department of Natural Resources, the U.S. Forest Service, the appropriate local fire district, or the Board. Fire pits shall be constructed of concrete, rock, brick, cement blocks, or similar material, and shall be equipped with spark arresting devices. Fire break trails shall be provided around the periphery of the development. Additional fire break trails may be required as a result of administrative review. 9.410 Electric Utilities: No new recreational vehicle park division shall be serviced by overhead utilities, and all electrical utilities associated or incidental to the development of recreational vehicle facilities shall be 67 designed, installed and maintained in conformance with the rules, regulations, and standards of the Washington State Department of Labor and Industries. 9.411 1. 3. 4. 5. S u rvevs: The survey and preparation of every recreational vehicle park binding site plan shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. All surveys shall conform to standard practices and principles for land surveying (See WAC 323-130, as amended). The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. The surveyor shall provide the Health Department and Planning Department data indicating the area within the recreational vehicle park division. Permanent control and road monuments directly related to the recreational vehicle park division shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. The outside boundaries of recreational vehicle park divisions shall be surveyed and marked at the corners with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie which shall be graphically portrayed on the recreational vehicle binding site plan. A survey is not necessary until after summary or preliminary recreational vehicle park binding site plan approval. However, approximate outside boundaries shall be marked prior to summary or preliminary binding site plan review. 9.50 Inspections The inspection procedure for recreational vehicle park divisions shall be the same as Section 6, Subsection 6.50 of this ordinance. 9.60 Surety Procedures for accepting surety by Jefferson County for recreational vehicle park divisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 68 SECTION 10 COMMERCIAL\INDUSTRIAL PARK DIVISIONS Subsections: 10.10 Applicability 10.20 Administration 10.30 Design 10.40 Required Improvements 10.50 Inspections 10.60 Surety 10.10 Applicability This section constitutes a "binding site plan process" for commercial\industrial park divisions, as permitted by RCW 58.17.035, regardless of the number or size of the lots, tracts, parcels or sites created. 10.20 Administration The administrative procedure for review of any commercial\industrial park shall be the same procedure as described in Section 6, Subsection 6.20 of this ordinance pertaining to subdivisions consisting of fifteen (15) or more lots. A Hearing Examiner public hearing and recommendation is required prior to Board of Commissioners approval of commercial\industrial park divisions. 10.30 Design 10.301 General: All commercial and industrial parks shall conform with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17 including the adoption of required findings, and the requirements of this ordinance, PROVIDED, in the event of a discrepancy between the standards established herein and those contained in any applicable plan, control, or ordinance, the stricter standards shall apply. The applicant shall demonstrate that the street, lot, and block 69 pattern proposed is specifically adapted to the use(s) anticipated and takes into account other uses in the vicinity. 10.302 LOTS: Lots shall be designed with appropriate consideration for the intended use and the character of the area in which they are located. If any portion of a lot is less than one hundred feet (100') in width, the average length of said lot shall not exceed three times its average width. 10.303 Transit\School BUS Stoos: Applications for commercial\industrial park divisions shall be reviewed to determine whether transit or school bus stops are necessary to promote the public access to safe and convenient travel. 10.304 Sidewalks: Applications for commercial\industrial park divisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final binding site plan approval. 10.305 Screening and Buffering: Screening and buffering areas shall be established with a minimum width of twenty-five feet (25') along all exterior property lines. Screening and buffering areas shall not contain any constructed facilities, erected or placed, with the exception of utility lines, fencing, or security posts. Screening and buffering areas shall be left in their natural state, or, if necessary, supplemented by plants. 10.306 Open Space Land: All commercial\industrial park divisions shall comply with the open space requirements of Section 5, Subsection 5.305 of this ordinance. 10.307 State Environmental Policy Act Review: All commercial\industrial park divisions shall comply with the environmental review provisions of Section 6, Subsection 6.307 of this ordinance. 10.308 Significant Natural Features: Steep slopes, geological hazard areas, marsh or wetland areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. 70 NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 10.309 Roads: Roads shall be designed with appropriate consideration for existing and future roads, anticipated traffic patterns and volumes, topographic and drainage conditions, public convenience and safety, and the proposed uses of the land served. Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon. Streets carrying non-residential traffic shall not be extended to the boundaries of adjacent existing or potential residential areas. (See Appendix H for relevant documents used by the Department of Public Works). 10.40 Required Improvements Required improvements for commercial\industrial park divisions shall be the same as Section 6, Subsection 6.40 of this ordinance. 10.50 Insoections The inspection procedure for commercial\industrial park divisions shall be the same as Section 5, Subsection 5.50 of this ordinance. 10.60 Surety Procedures for accepting surety by Jefferson County for commercial\industrial park divisions shall be the same as Section 6, Subsection 6.60 of this ordinance. 71 SECTION 11 CONDOMINIUM DIVISIONS Subsections: 11.10 Applicability 11.20 Administration 11.30 Design 11.40 Required Improvements 11.50 Inspections 11.60 Surety 11.10 Applicability This section constitutes a "binding site plan process" for divisions of land into lots or tracts, as permitted by RCW 58.17.035, and 58.17.040(7), when the improvements to be constructed thereon will be included in one (1) or more condominiums or owned by an association or other legal entity in which the owners of units therein, or their owner's associations, have a membership or other legal or beneficial interest. 11.20 Administration The administrative procedure for review of condominium divisions containing four (4) or fewer dwelling units shall be the same procedure as described in Section 5, Subsection 5.20 of this ordinance. The administrative procedure for review of condominium divisions containing five (5) or more lots or tracts shall be the same procedure as described in Section 6, Subsection 6.20 of this ordinance. NOTE: All condominium division final binding site plans shall contain thereon the following statement: "All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one (1) or more condominiums 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." 72 11.30 Design 11.301 General: All condominium divisions shall conform with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of RCW 58.17 including the adoption of required findings, and the requirements of this ordinance, PROVIDED, in the event of a discrepancy between the standards established herein and those contained in any applicable plan, control, or ordinance, the stricter standards shall apply. The applicant shall demonstrate that the lots or tracts, street patterns, and configuration of dwelling units proposed are specifically adapted to the uses anticipated, and take into account other uses in the vicinity. 11.302 Schools and Schoolgrounds: All condominium divisions shall comply with the school and schoolground provisions of Section 7, Subsection 7.303 of this ordinance. 11.303 Transit\School BUS Stops: Applications for condominium divisions shall be reviewed to determine whether transit or school bus stops are necessary to promote the public access to safe and convenient travel. 11.304 Sidewalks: Applications for condominium divisions shall be reviewed in order that provisions necessary to ensure safe walking conditions for pedestrians, and students who only walk to and from school, receive adequate consideration. Construction of sidewalks, or similar planning features may be required for final binding site plan approval. 11.305 Screening and Buffering: Screening and buffering areas shall be established with a minimum width of twenty-five feet (25') along all exterior property lines. Screening and buffering areas shall not contain any constructed facilities, erected or placed, with the exception of utility lines, fencing, or security posts. Screening and buffering areas shall be left in their natural state, or, if necessary, supplemented by plants. 11.306 Oven Space Land: All condominium divisions shall comply with the open space requirements of Section 5, Subsection 5.305 of this ordinance, PROVIDED that the minimum area for open space shall be twenty-five percent (25%) of the total gross area of the condominium division consistent with the Open Space Standards in Appendix G of this ordinance. 11.307 State Environmental Policy Act Review: All condominium divisions shall comply with the environmental review provisions of Section 6, Subsection 6.307 of this ordinance. 73 579 11.308 Sianificant Naturel Features: Steep slopes, geological hazard areas, marsh or wetland-areas, areas subject to flooding or having bad drainage, streamways, tidelands, aquifer recharge areas, and areas containing critical wildlife and habitat may be included within the boundaries of a short plat, or a lot, however, improvements required for subdivision development shall proceed in compliance with administrative rules and procedures prescribed pursuant to Section 2.00, Subsection 2.40 of this ordinance. Mitigative measures imposed under the authority of this subsection shall not preclude all reasonable use of the land. NOTE: This subsection shall apply only to proposals that are otherwise categorically exempt from SEPA and do not contain lands designated as environmentally sensitive. 11.309 Roads: Condominium divisions consisting of four (4) or fewer dwelling units shall comply with the road design requirements described in Section 5, Subsection 5.307 of this ordinance. Condominium divisions consisting of five (5) or more dwelling units shall comply with the road design requirements described in Section 6, Subsection 6.308 of this ordinance. (See Appendix H for relevant documents used by the Department of Public Works). 11.40 Required Improvements 11.401 Roads: Roads in condominium divisions shall comply with Section 5, Subsection 5.401 of this ordinance. 11.402 Off-Site Traffic Impacts: Condominium divisions shall compliance with the off-site traffic impacts provisions of Section 5, 5.402 of this ordinance. proceed in Subsection 11.403 Bridges: The design and construction of any bridge in a condominium division shall be in accordance with County standards and shall be approved by the Director of Public Works prior to approval of the final binding site plan. All bridge designs shall be certified by a licensed civil engineer. (See Appendix H for relevant documents used by the Department of Public Works). 11.404 Signs: Road signs shall be installed in accordance with Jefferson County standards. Road names shall be approved by the Board, pursuant to recommendation by the Director of Public Works. 74 · v0 _ 18 00. 580 Traffic signs and safety devices shall be provided and installed by the applicant in accordance with the Manual on Uniform Traffic Control Devices. (See Appendix H for relevant documents used by the Department of Public Works). 11.405 Drainage: Drainage facilities adequate to prevent erosion, flooding or hazard to the use of the roads, property, or facilities within the condominium division, or to adjacent private or public property shall be installed according to a drainage plan approved by the Director of Public Works in accordance with County standards. The plan shall show full details, including the locations, lengths, and sizes of culverts, and the method and location of run-off water disposal. (See Appendix H for relevant documents used by the Department of Public Works). 11.406 water Supply: Each dwelling site within a condominium division shall be provided with a water supply in accordance with all applicable State statutes, the rules and regulations of the Washington State Department of Health, the Jefferson County Health Department, and the Coordinated Water System Plan provisions regarding quantity, quality, source, source protection, distribution and storage methods and facilities, and treatment and testing procedures. 11.407 Sewage Disposal: Installation of sewage disposal systems within condominium divisions shall be in compliance with regulations and standards of the Washington State Department of Health, the Washington State Department of Ecology, and the County Health Department, and shall be approved only after a site inspection by the County Health Department. 11.408 Fire Protection: Applicants for condominium divisions shall provide adequate fire protection in accordance with the Uniform Fire Code and local fire district recommendations consistent with State law. 11.409 Electric and Telephone Service: 1. Complete installation of electric and telephone service is required in condominium divisions. 2. No new condominium division shall be serviced by overhead utility facilities. 11.410 Surveys: 1. The survey and preparation of every condominium division binding site plan shall be made by or under the supervision of a licensed land surveyor registered by the State of Washington. 2. All surveys shall conform to standard practices and principles for land surveying (See WAC 323-130, as amended). 3. The Department of Public Works shall be furnished all documents and calculations necessary to determine the accuracy of surveys. 75 The surveyor shall provide the Health Department and Planning Department data indicating the area within the condominium division. Permanent control and road monuments directly related to the condominium division shall be constructed of materials as per Jefferson County standards. Road monuments shall be set in such a manner that future road development or utility installation will not disturb the accuracy of their position. The outside boundaries of condominium divisions shall be surveyed and marked at the corners with an iron pipe or rebar having surveyor's cap and license number. Surveys shall include a section tie which shall be graphically portrayed on the condominium division binding site plan. A survey is not necessary until after summary or preliminary condominium division binding site plan approval. However, approximate outside boundary corners shall be marked prior to summary or preliminary binding site plan review. 11.50 Inspections The inspection procedure for condominium divisions shall be the same as Section 6, Subsection 6.50 of this ordinance. 11.60 Surety Procedures for accepting surety by Jefferson County for condominium divisions shall be the same as Section 5, Subsection 5.60 of this ordinance. 76 SECTION 12 VARIANCES Subsections' 12,10 Application 12,20 Notice of Hearing 12.30 Findings 12.40 Conditions 12.50 Administrative Variances 12.10 Application Variances from the foregoing regulations may be permitted under certain circumstances PROVIDED, a variance request is submitted in writing, together with the original long, short, or large lot subdivision, mobile home park, commercial\industrial park, recreational vehicle park, or condominium division application. 12.20 Notice of Hearing The Hearing Examiner shall conduct a public hearing on all variance requests, other than administrative variances. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board as provided in the Jefferson County Hearing Examiner Ordinance, No. 1-0318-91. Notice of public hearings shall comply with the notice requirements of RCW 58.17.090. 12.30 Findings A variance may be granted only if it meets all of the following conditions: 1. The variance does not constitute a grant of special privilege inconsistent with the limitations upon other, similarly situated property in the County; and 2. Because of special circumstances applicable to the property, including size, shape, drainage, topography, location and 77 surroundings, the strict application of this regulation would deprive the subject property of rights and privileges enjoyed by other property in the vicinity; and Granting the variance will not be materially detrimental to the public health, safety, welfare, use or interest, or injurious to property or improvements in the vicinity; and The variance is justified to cure a special circumstance and not simply for the economic convenience of the applicant; and The granting of the variance will not materially compromise the goals and policies of the Jefferson County Comprehensive Plan, be inconsistent with officially adopted County land use regulations or the spirit or intent of this ordinance. 12.40 Conditions In granting approval for variances, the Hearing Examiner may require conditions that will, in the Examiner's judgement, secure substantially the objectives of the standards or requirements so varied. 12.50 Administrative Variances Variances from the administrative procedures portions of this ordinance may be granted by the Board, upon recommendation of the Planning Department, when the Board is assured the variance is in keeping with the general intent of this ordinance, and the public health, safety and welfare would not be adversely affected thereby. In granting administrative variances the Board may require their own conditions, which in their judgement will secure substantially the administrative procedures or requirements so varied. 78 SECTION 13 VACATIONS Subsections: 13.10 13.20 13.30 13.40 13.50 Applicability Application Public Hearing Process Dedications Vesting of Title 13.10 Applicability The following subsections pertain to the removal of any element graphically portrayed on a final plat map, or binding site plan, including, but not limited to: lot(s), blocks, tracts or any public dedication other than roads, pursuant to RCW 58.17.212; PROVIDED that for the purposes of this ordinance: vacation applications involving the removal of any element, other than public dedications, graphically portrayed on a final plat or binding site plan consisting of four (4) or fewer lots, shall be processed administratively using the same procedure described in Section 5, Subsection 5.20 of this ordinance. NOTE: For the purposes of this section, the words "plat" or "subdivision" shall include developments accomplished through the binding site plan process. 13.20 Application 13.201 Generally: Persons wishing to vacate either the entirety or a portion of a plat shall apply to the Planning Department as follows: Submit an application setting forth the reasons for vacation, and containing signatures of all parties with an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants, which were filed simultaneously with the final subdivision approval, and the vacation applied for would result in the violation of the covenant or covenants, the application shall contain an agreement signed by all parties subject to the covenants stating that the parties agree to alter or terminate the relevant covenant or covenants in order to accomplish the purpose of the subdivision vacation. 79 Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED (DATE) . NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon initial inspection appear to be insufficiently prepared to provide a basis for adequate review shall be returned by the Planning Department. A written statement citing the information requirements upon which nonacceptance is based shall be supplied by the Planning Department when so requested by the applicant. The acceptability of an application shall be certified by the Planning Department within fourteen (14) days of filing. When the Planning Department has determined that the application contains sufficient information to provide an adequate basis for review, a notice containing the following statement shall be affixed to the application: AS OF (DATE) , THE APPLICATION IS FOUND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide presumptive evidence of a completed application, and the time period for review and approval shall commence. When a plat proposed to be vacated is adjacent to or within one (1) mile of a municipal boundary, or currently uses any city or town utilities, before review commences by the Planning Department or the Hearing Examiner, notice of the application shall be given by the Planning Department to the legislative body of that city or town. Proposed plat vacations located adjacent to the right-of-way of a State highway shall be presented to the District Administrator of the Washington State Department of Transportation for review and recommendation regarding such matters as deemed appropriate. The Planning Department shall forward copies of proposed plat vacations to appropriate fire districts, school districts, public utility districts, transit authorities, and any other relevant government agencies when deemed necessary. 1~1.202 Fees: Plat vacation applications shall be accompanied by fees as set by the Board, payable to the Jefferson County Planning Department. NOTE: Fees will not be processed by the Planning Department until the vacation application is deemed complete. 1~1.20~1 Timetable: Upon receipt of a proper and complete vacation application, and upon payment of fees, the Planning Department shall advise the applicant of the time and place of the public hearing at which the application is scheduled to be considered by the Hearing Examiner. In any event, final action shall be taken on a vacation application within ninety (90) days of the date of the filing of a completed application unless the applicant consents to an extension of the time period. 80 13.30 Public Hearing Process 13.301 Notice of Hearina: Notice of public hearing shall be given as follows: ., All hearing notices shall include: (a) the name of the applicant; (b) the date the application was filed; (c) the description of the property involved and either a vicinity location sketch or a location description in nonlegal language; and (d) a statement of the specific purpose of the hearing. The Planning Department shall provide the applicant with at least five (5) copies of a notice of the public hearing, and one (1) copy of the affidavit of posting. The applicant shall post notices and shall maintain them in place for at least ten (10) days prior to the public hearing, not including the day of posting or the day of hearing. The notices shall be placed in conspicuous locations on or near the property and shall be removed by the applicant after the hearing. The notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'). All notices and notice boards shall meet Planning Department requirements. The affidavit of posting shall be signed, notarized, and returned to the Planning Department at least one (1) week before the hearing. The Planning Department shall arrange for at least one (1) publication of the notice to appear in a newspaper of general circulation within the County at least ten (10) days before the hearing. Payment of all application fees shall be the responsibility of the applicant. The Planning Department shall send a notice of the hearing by mail to all adjacent property owners in the area proposed for vacation in accordance with the current records of the Jefferson County Assessor. The Planning Department shall give additional notice in accordance with RCW 58.17. NOTE: Nothing in this subsection shall prohibit the Planning Department from providing additional notice to individuals not meeting the definition of an adjacent property owner, as that term is defined in Section 2, Subsection 2.50.1 of this ordinance. 13.302 Health, Public Works, and Planning Department Recommendations: At least seven (7) days prior to the public hearing the County Health Department, Planning Department, Department of Public Works, and County Assessor's Office shall submit their written recommendations and findings to the Hearing Examiner in care of the Planning Department with all pertinent information available. 13.303 Public Hearing: All hearings shall be conducted by the Hearing Examiner, and shall be open to the public. The Hearing Examiner shall review the recommendations of the County Health Department, Planning Department, and Department of Public Works, and other relevant agencies, and shall present and review all other pertinent information in the 81 O0 58? Examiner's possession and shall provide an opportunity for all interested persons to speak and submit exhibits. An accurate record of the hearing shall be kept by the Hearing Examiner and shall be available for public inspection. 13.304 Hearing Examiner De~;isi0n$: Within ten (10) days of the public hearing, and after determining the public use and interest to be served by the vacation, the Hearing Examiner shall render a written record of decision approving or disapproving the vacation application. The decision of the Hearing Examiner shall be final and conclusive unless appealed to the Board as provided in the Jefferson County Hearing Examiner Ordinance, No. 1-0318-91. The Hearing Examiner's approval of the vacation application shall constitute final approval; the fee for filing the vacated plat or portion thereof for record shall be paid by the applicant and deposited with the County Auditor and the vacation simultaneously recorded, together with restrictions, covenants and similar documents. 13.40 Dedications Any portion of land within the subdivision dedicated to the public for use or enjoyment, if not previously deeded to the County when the subdivision was platted, shall be deeded to the County at the time the vacation is granted unless the Hearing Examiner finds that the public use would not be served by retaining title to the land. 13.50 Vesting of Title Title to any portion of land within the subdivision which is vacated shall vest with the rightful owners as shown on County records as follows: If the vacated land within the subdivision was dedicated to the public for public use, other than a road or street, and the Hearing Examiner has found that retaining title to the land is no longer in the public interest, title thereto shall vest with the person or persons owning property on each side thereof, as determined by the Hearing Examiner. 82 580 SECTION 14 ALTERATIONS Subsections: 14.10 14.20 14.30 14.40 Applicability Application Public Hearing Process Board of County Commissioners Action 14.10 Applicability The following subsections pertain to the reconfiguration of any element graphically portrayed on a final plat map or binding site plan, including, but not limited to: lot(s), blocks, tracts or any public dedication other than roads, pursuant to RCW 58.17.215; PROVIDED that for the purposes of this ordinance: alteration applications involving the reconfiguration of any element, other than public dedications, graphically portrayed on a final plat or binding site plan consisting of four (4) or fewer lots, shall be processed administratively using the same procedure delineated in Section 5, Subsection 5.20 of this ordinance. NOTE: For the purposes of this section, the words "plat" or "subdivision" shall include developments accomplished through the binding site plan process. 14.20 Application 14.201 Generally: Persons wishing to alter either the entirety or a portion of a subdivision shall apply to the Planning Department as follows: Submit an application requesting the subdivision alteration, Which contains the signatures of all of those persons having an ownership interest in that portion of the subdivision subject to alteration. If the subdivision is subject to restrictive covenants, which were filed simultaneously with the final subdivision approval, and the alteration applied for would result in the violation of the covenant or covenants, the application shall contain an agreement signed by all parties subject to the covenants stating that the parties agree to alter or terminate the relevant covenant or covenants in order to accomplish the purpose of the subdivision alteration. 83 Upon receipt, the Planning Department shall affix a notice to the application containing the following statement: APPLICATION RECEIVED (DATE) . NO DETERMINATION OF A SUBSTANTIALLY COMPLETE APPLICATION HAS BEEN MADE. Those applications which upon initial inspection appear to be insufficiently prepared to provide a basis for adequate review shall be returned by the Planning Department. A written statement citing the information requirements upon which nonacceptance is based shall be supplied by the Planning Department when so requested by the applicant. The acceptability of an application shall be certified by the Planning Department within fourteen (14) days of filing. When the Planning Department has determined that the application contains sufficient information to provide an adequate basis for review, a notice containing the following statement shall be affixed to the application: AS OF (DATE) , THE APPLICATION IS FOUND TO BE SUBSTANTIALLY COMPLETE. Affixation of this notice shall provide presumptive evidence of a completed application, and the time period for review and approval shall commence. When a plat proposed to be altered is adjacent to or within one (1) mile of a municipal boundary, or currently uses any city or town utilities, before review commences by the Planning Department or the Hearing Examiner, notice of the application shall be given by the Planning Department to the legislative body of that city or town. Proposed plat alterations located adjacent to the right-of-way of a State highway shall be presented to the District Administrator of the Washington State Department of Transportation for review and recommendation regarding such matters as deemed appropriate. The Planning Department shall forward copies of proposed plat alterations to appropriate fire districts, school districts, public utility districts, transit authorities, and any other relevant government agencies when deemed necessary. 14.202 F~e~: Plat alteration applications shall be accompanied by fees as set by the Board, payable to the Jefferson County Planning Department. NOTE: Fees will not be processed by the Planning Department until the alteration application is deemed complete. 14.203 Timetable: Upon receipt of a proper and complete alteration application, and upon payment of fees, the Planning Department shall provide notice of the application to all owners of property within the subdivision. The notice shall either: 84 Establish a date for a public hearing, if the Planning Department determines that a Hearing Examiner recommendation is necessary in order to ensure that the proposed plat alteration is in conformance with the Jefferson County Comprehensive Plan, and\or applicable community development plan, the provisions of the Jefferson County Development Code, No. 3-89, the provisions of ROW 58.17, and the requirements of this ordinance; or Provide that a hearing may be requested by a person receiving notice, within fourteen (14) days of receiving said notice. In any event, final action shall be taken action on a plat alteration application within ninety (90) days of the date of the original application filing unless the applicant consents to an extension of the time period. 14.30 Public Hearing Process 14.301 Notice of Alteration Application: application shall be given as follows: Notice of a subdivision alteration The Planning Department shall send notices to all owners of property within the subdivision advising them of the pending plat alteration application. Names and addresses of owners of property within the subdivision shall be provided to the Planning Department by the applicant, subject to Planning Department approval. All alteration application notices shall include: (a) the name of the applicant; (b) the date the application was filed; (c) the description of the property involved and either a vicinity location sketch or a location description in nonlegal language; and (d) a statement of the specific purpose of the application; (e) a statement clearly indicating that, if no public hearing date has been set, that any person receiving notice may request a public hearing within fourteen (14) days of receipt of notice. The Planning Department shall provide the applicant with at least five (5) copies of a notice of the subdivision alteration application and one (1) copy of the affidavit of posting. If a public hearing is requested by one of the parties receiving notice, the applicant shall post notices and shall maintain them in place for at least ten (10) days prior to the public hearing, not including the day of posting or the day of hearing. The notices shall be placed in conspicuous locations on or near the property and shall be removed by the applicant after the hearing. The notices shall be mounted on easily visible boards not smaller than two feet (2') by three feet (3'). All notices and notice boards shall meet Planning Department requirements. The affidavit of posting shall be signed, notarized, and returned to the Planning Department at least one (1) week before the hearing. When a public hearing is requested, the Planning Department shall arrange for at least one (1) publication of the notice to appear in a 85 Sm newspaper of general circulation within the County at least ten (10) days before the hearing. Payment of the initial publication fees shall be the responsibility of the applicant, where there is cancellation, postponement, or alteration of the hearing date as a result of action by the applicant. When a public hearing is requested the Planning Department may send a notice of the hearing by mail to all adjacent property owners in the area proposed for alteration in accordance with the current records of the Jefferson County Assessor. The Planning Department shall give additional notice in accordance with RCW 58.17. NOTE: Nothing in this subsection shall prohibit the Planning Department from providing additional notice to individuals not meeting the definition of an adjacent property owner, as that term is defined in Section 2, Subsection 2.50.1 of this ordinance. 14.302 Health, Public Works, and Planning Department Recommendations: When the Planning Department determines that a Hearing Examiner recommendation is necessary, or when a person receiving notice requests a public hearing, the County Health Department, Planning Department, Department of Public Works, and County Assessor's Office shall submit their written recommendations and findings to the Hearing Examiner in care of the Planning Department with all pertinent information available, at least seven (7) days prior to the public hearing. In instances where no public hearing is requested by a person receiving notice, the County Health Department, Planning Department, and the Department of Public Works shall submit their written recommendations and findings directly to the Board, in care of the Planning Department. 14.303 Public Hearing: All hearings shall be conducted by the Hearing Examiner, and shall be open to the public. The Hearing Examiner shall review the recommendations of the County Health Department, Planning Department, the Department of Public Works, and other relevant agencies, and shall present and review all other pertinent information in the Examiner's possession and shall provide an opportunity for all interested persons to speak and submit exhibits. An accurate record of the hearing shall be kept by the Hearing Examiner and shall be available for public inspection. 14.304 Hearing Examiner Recommendations: Within fourteen (10) days of the public hearing, and after determining the public use and interest to be served by the alteration application, the Hearing Examiner shall submit written recommendations and findings to the Board together with all pertinent information available. 14.40 Board of County Commissioners Action Upon receipt of the recommendation and information on any plat alteration application, the Board, at its next public meeting, shall set 86 a date for the meeting where it may adopt or reject the recommendations of the Hearing Examiner, or the Planning Department if no public hearing was requested pursuant to Subsection 13.103 of this ordinance. If after considering the matter at a public meeting, the Board deems a change in the recommendation of the Hearing Examiner or the Planning Department approving or denying any plat alteration application necessary, the change of the recommendation shall not be made until the Board has conducted a public hearing and thereupon adopt its own findings and thereafter approve or deny the vacation application. Such public hearing may be held before a committee constituting a majority of the Board. If the hearing is before a committee, the committee shall report its recommendation on the matter to the full Board for final action. The Clerk of the Board shall keep records of the public meetings and public hearings set and held by the Board which shall be made available for public inspection. The Board's approval of the plat alteration application shall constitute final legislative approval; upon approval, the Board shall order the applicant to produce a revised drawing of the final long or short plat for signature. The fee for filing the altered plat for record shall be deposited with the County Auditor and the alteration simultaneously recorded, together with restrictions, covenants and similar documents. 87 SECTION 15 LEGAL PROVISIONS Subsections: 15.10 Violations 15.20 Remedies 15.30 Severability 15.40 Repealer 15.50 Effective Date 15.60 Adoption 15.10 Violations 15.101: No land comprising any part of a proposed long subdivision, short subdivision, large lot subdivision, commercial\industrial park division, mobile home park division, recreational vehicle park division, or condominium division to be established in the unincorporated area of Jefferson County shall be sold or leased until such long subdivision, short subdivision, large lot subdivision, commercial\industrial park division, mobile home park division, recreational vehicle park division, or condominium division has been approved as provided in this ordinance. Any person being the owner, or agent of the owner, of such land, who shall sell or lease any lot, tract, parcel, site, dwelling unit or portion thereof shall be guilty of a gross misdemeanor. Each sale or lease shall be a separate and distinct offense for each separate lot or portion of said land. 1[i.102: Whenever land within a long subdivision, short subdivision, large lot subdivision, commercial\industrial park division, mobile home park division, recreational vehicle park division, or condominium division granted final approval is used in a manner or for a purpose which violates any provision of RCW 58.17 as amended, or this ordinance, or any term or condition of approval prescribed by the Board, then the Prosecuting Attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of RCW 58.17, or this ordinance, or with such terms and conditions. The costs of such action may be taxed against the violator. 15.103: The County Auditor shall refuse to accept any long plat, short plat, large lot plat, commercial\industrial park division binding site plan, mobile home park binding site plan, recreational vehicle park binding site plan, or condominium division binding site plan for filing until approval for the plat or binding site plan has been given in compliance with this ordinance. 88 Should a plat, or binding site plan be filed without compliance, the Prosecuting Attorney shall apply for a writ of mandate in the name and on behalf of the Board directing the Auditor and Assessor to remove from their files or records the unapproved plat or binding site plan. 15.20 Remedies The Prosecuting Attorney shall have access to all remedies provided in this ordinance and ROW 58.17 as it now exists or is hereafter amended. 15.30 Severability If any section, subsection, or other portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, or portion shall be deemed a separate portion of this ordinance and the holding shall not affect the validity of the remaining portions of this ordinance. 15.40 Repealer These regulations repeal and replace the entirety of the Jefferson Oounty Subdivision Ordinance (Ordinance 1-75), and the Interim Provisions of the Jefferson Oounty Subdivision Ordinance adopted pursuant to Resolution 51-90, and 62-90. 15.50 Effective Date This ordinance shall become effective on the 1st day of June, 1992. 89 VOL 15.60 Adoption Adopted by the Jefferson County Board of Commissioners this 26th day of May, 1992. BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, WASHINGTON E~r~iEor~ Ch'afdman B rown, e er ATTEST.~(::~//~_~k~, ~~2~/f..~G~Br~~ //// ~~) ~ Lorha Delaney (~ (/ ~~ ~ ~/ ~ //~ ~ ~ Clerk of the Board ~ ~~~~_~~~ ~~oj~ M~mSer ~ ~ ~ APPROVED AS TO FORM: ~ ~-- Mark Huth, Jefferson County Prosecuting Attorney 90 VOL 59G APPENDIX A SHORT PLAT APPLICATION CHECKLIST The short subdivision application form provided by the Planning Department shall be completed. A copy of any description of property restrictions, covenants, mortgages, liens, and other encumbrances should be attached to the short subdivision application form. A copy of any proposed restrictions and covenants should be attached to the short subdivision application form. A copy of a basic site plan on an 8 1/2" by 11" paper containing the following shall be attached to the short subdivision application form: Layout and dimensions of existing and proposed lot lines, property boundaries, roads easements, etc.; Location outstanding natural features (creeks, shorelines, tree lines, etc.); Location of outstanding cultural features (wells, buildings, fences, etc.); A vicinity sketch. A copy of the environmental checklist, if required following preapplication consultation, shall be completed (pursuant to RCW 43.21C, the Washington State Environmental Policy Act). 18 50? APPENDIX B FINAL SHORT PLAT CHECKLIST PREPARATION The final short plat, consisting of one (1) or more pages, shall be prepared as follows: The final short plat shall be based on a complete survey and contain an accurate map of the subdivided land. That map shall include: A vicinity sketch of the area where the short subdivision is located. A legal description of the land contained within the short subdivision. An engineering scale and north point arrow. The final short plat shall contain the appropriate certifications, notifications, and any supplemental information. Each sheet shall be an 18" by 24" mylar or similar reproducible material. All lettering and drawing shall be in a permanent black ink, including any signatures, which shall be originals. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of 2" on the left and 1/2" on the remaining sides. Each sheet shall contain the following information: The name of the short subdivision. The section, township and range of the short subdivision. The number of the sheet and the total number of sheets in the set. The short subdivision number assigned by the County. MaP The final short plat shall graphically portray a map of the short subdivided land and shall include: All section, township, municipal, and county lines lying within or adjacent to the subdivision. The location of all monuments or other evidence used as ties to establish the short subdivision's boundaries. The location of all permanent control monuments found and established at the controlling corners of the parcel being divided and within the short subdivision. The boundary of the short subdivision with complete bearings and lineal dimensions, depicted with heavier lines than appear elsewhere on the short plat. ii The length and bearings of all straight lines; the radii, arcs, and semi- tangents of all curves. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field. The location, width, center line, and name of all roads within and adjoining the short subdivision. The location and width of all easements, shown with broken lines, and a description of the purpose thereof. Each lot's identification by number and total acreage. The location of legal access from the nearest public road to the entire tract being divided. NOTIFICATIONS The final short plat shall contain, when applicable, the following statements an any other statements as required by summary approval under the title stated and in numerical order: Notice to Potential Purchasers Wells shall not be located closer than 100' to any sewage disposal system or any area approved for a future sewage disposal system, including reserve drainfield areas. A sewage disposal permit has been issued for each lot under permit numbers (identify permit number for each lot). the system must be installed consistent with the provisions of this permit. The permit is valid for one (1) year from (identify date of permit issuance). A yearly renewal is permitted for a maximum of two (2) years. Upon expiration of the sewage disposal permit approval of the lot for sewage disposal purposes is not guaranteed and is subject to further approval of a renewed sewage disposal application. (Contact the Jefferson County Health Department). A potable water source is not supplied to (identify lot numbers). Access onto (identify the County or State road number) as per permit (identify permit number). Lots created herein shall not be further divided in any manner within a period of five (5) years without the filing of a final long plat, EXCEPT, that when the short plat contains fewer than four (4) parcels, nothing shall prevent the owner who filed the short plat from filing an alteration within the five (5) year period to create up to a total of four (4) lots within the original short plat boundaries. Any removal of or major disturbance of soil within the proposed drainfield areas may create site conditions that are unacceptable for the installation of sewage disposal systems. iii Approval of this short subdivision does not constitute approval of building or sewage disposal permits on each lot. Permit approvals will be subject to building plot plans, type of use, contours, and soils on individual lots. Permits will be reviewed in accordance with site conditions and regulations existing on the date the permit is applied for. CERTIFICATIONS The final short plat shall contain the following certifications: A certification by the owners in fee simple, and those having interest in the property, that the creation of the short subdivision is by their free will and consent. A certification by a licensed land surveyor, registered by the State of Washington, stating that the short plat is based upon an actual survey and the courses and distances and all required stakes and monuments are placed on the ground. A certification by the Health, Public Works, and Planning Departments that the short plat is in compliance with all conditions of summary approval. A certification of approval by the Board of County Commissioners. A certification of the clerk of the Board of County Commissioners. A certification of filing by the County Auditor. A certification by the County Treasurer that all property taxes to date have been paid. The certification shall be written as follows: I, , Treasurer of Jefferson County, Washington, hereby certify that all taxes due and or deposits required to cover anticipated taxes on the property embraced in this plat have been paid, up to and including the year__ Jefferson County Treasurer The final short indicated: SUPPLEMENTAL plat shall state, when applicable, the following (Easements) (Covenants)(Restrictions) under the titles iv 600 (Identify as an easement, covenant, or restriction) for (identify the type) filed under Auditor's record (identify the number, volume, and page). (Declaration) (Dedication) of Easements (State easements for ingress/egress and/or utility installation and maintenance). Where a dedication is made, the following statement shall be shown on the face of the plat: Know all persons by these present that the undersigned owners in interest of the land herein described declare this short plat to be created by free will and consent and dedicated to the use of the public forever ail streets and roads shown heron and the use thereof for any and all public purposes not inconsistent with public highway purposes. Declaration of (Covenants) (Restrictions) (State any covenants or restrictions). SUBMISSION The final short plat shall be submitted as follows: In addition to the reproducible original, four (4) paper copies shall be submitted, together with any accompanying data and documents, including computer printout of lot closures. A $53.00 recording fee, payable to the Jefferson County Auditor, shall accompany the plat. A plat certificate from a title company shall accompany the plat. V APPENDIX C PRELIMINARY LONG PLAT CHECKLIST GENERAL: The preliminary long plat shall consist of a preliminary subdivision map including a vicinity map. Eight (8) copies of the preliminary long plat, consisting of one (1) or more pages shall be submitted. It shall be no larger than 18" by 24", to scale and prepared to clearly portray the nature of the development. VICINITY MAP: The general location of the subdivision shall be depicted in an area approximately 3" by 3", drawn in a corner of the preliminary long plat and indicate the location of the proposed development to the nearest geographical feature(s): i.e. community, water body, major road, mountain, valley, etc. PRELIMINARY PLAT MAP: Submitted with this application are eight (8) copies of the full size plat map including a reduced copy (8 1/2", 8 1/2" by 14", or 11" by 17") of the preliminary plat and other required material containing the following data: Vicinity map North arrow & scale Subdivision name Name, address and phone number of official subdivision representative Developer's name & address Names & addresses of adjacent property owners General location & description Topography with a contour interval of five (5) feet Approximate lot dimensions and numbers Total acreage and lots per gross acre Number of lots including maximum, average, and minimum lot sizes Location of fire hydrants including fire & school district identification Greenbelt or open space, including location & size Acreage allocated to parks, open space, greenbelts, or common area, and percentage of total acreage Method of solid waste disposal Designated trails of the Jefferson County Park, Recreation and Open Space Plan within vicinity of proposed subdivision Jefferson County Comprehensive Plan optimum land use map designation vi VOL Acreage allocated to lots and percent of total acreage Length of roads to be Existing and proposed road widths Cul-de-sac radii Acreage allocated to roads and percent of total acreage Indication as to public or private road system Road right-of-way widths and typical cross sections Outstanding natural features (water courses, tree lines etc.) of the property to be platted and adjacent property Soil log holes; soil investigation sites Drainage plan Water, sewage disposal, and other utility plans Source of water supply Sewage disposal method Completed environmental checklist (pursuant to RCW 43.21C Washington State Environmental Policy Act) Existing restrictions and covenants (when appropriate) Proposed restrictions and covenants (when appropriate) Encumbrances (easements, encroachments, etc.) Written recommendations from Washington State Department of Transportation when a proposed long subdivision is located adjacent to the right-of-way of state highways Written approval from the Washington State Department of Ecology when any part of a proposed long subdivision is located within a flood control zone Subdivision fees of $350,00 plus $5.00 per lot vii APPENDIX D FINAL LONG PLAT CHECKLIST GENERAL: The final long plat, consisting of one (1) or more pages, shall be based upon a complete survey and contain an accurate map of the subdivided land. The final long plat shall contain the appropriate certifications, notifications, and any pertinent supplemental information. Each sheet shall be an 18" by 24" acceptable mylar. All lettering and drawing shall be in permanent black ink and must include original signatures. A marginal line shall be drawn completely around each sheet, leaving an open margin of 2" on the left with 1/2" on the remaining sides. FINAL LONG PLAT MAP: Submitted with this application are five (5) paper copies including the final long plat map reproducible original and other required material consisting of the following: Vicinity sketch of the area --the subdivision is located _ Legal description of the land contained within the subdivision Engineering scale and north --arrow Name of subdivision and sequential numbering of subdivisions filed by division Section, township, and range of subdivision including municipal or county line within or adjacent to the subdivision Sheet numbering and total renumber of sheets in the set Location of all -- monuments/other evidence used as ties to establish subdivision boundary Location of all control monuments found and established at controlling corners of the parcel being subdivided and within the subdivision _ Boundary of the subdivision with complete bearings and lineal dimensions: depicted with heavier lines _ Length and bearings of all straight lines, including the radii, arcs and semi -tangents of all curves _ Length of each lot line including bearings and other data necessary for the location of any lot line in the field Location, width, center line, and name of all roads within and adjoining the subdivision viii Location and width of all measements, shown with lines, and a description of the easement purpose Private roads shall be mlabeled Numbers assigned to all lots mend blocks within the subdivision Names of adjacent --subdivisions Signed, acknowledged --certification by fee simple owners and others with an interest in the property that creation of subdivision is by their free will and consent For plats containing a --dedication, certification shall provide wording for dedication, of streets and /or other areas shown on the plat to the public or some other party For public dedications the --certification shall contain a waiver by the owners and their assigns of all claims for damages which may occur to adjacent properties by the construction, drainage, and maintenance of said road or area When required, the --certification shall contain a waiver of the right of direct access to any street from any property Certification by licensed land surveyor, registered by the State of Washington stating the long plat is based upon an actual survey and the courses and distances and all required stakes and monuments are placed in the ground Certification areas for the Health, Public Works and Planning Departments stating that the long plat is in compliance with all long subdivision requirements of the Jefferson County Subdivision Ordinance and all conditions for final plat approvals Certification by County Treasurer that all property taxes have been paid Certification of approval by the Board of County Commissioners Certification of filing by the County Auditor Notifications: when applicable as pertaining to on-site sewage disposal, utility districts, unstable slopes, or other conditions of final plat approval, Each numbered accordingly and worded per the subdivision ordinance and/or conditions Plat identification as easement, covenant, or restriction for type filed under Auditor's record (number, volume & page) ix Declaration and/or --dedication of easements -label easements for ingress/egress and/or utility installation and maintenance Declaration of covenants or restrictions-state any covenants or restrictions on final plat Current plat certification --confirming the title of the land as described and shown on the final plat A $53.00 recording fee, --payable to the Jefferson County Auditor, shall accompany the final long plat NOTE: Applications for long subdivision which upon initial inspection appear to be insufficiently prepared to provide a basis for adequate review will be returned to the applicant. ACKNOWLEDGMENT I hereby declare, to the best of by knowledge and belief, the foregoing information and all attached information is true and correct. (applicant or authorized representative (date) X APPENDIX E LARGE LOT SUBDIVISION PRIVATE ROADWAY DESIGN STANDARDS [, F~-I C~ · 18 ~ fit'} 6,~ APPENDIX F OPEN SPACE STANDARDS Subsections: 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 Applicability Purposes Exemptions Standards and Criteria for Dedication Implementation Improvements Equivalent Facilities Stormwater Detention Facilities Rights and Duties 1.00 Applicability This appendix pertains to every short subdivision, long subdivision, large lot division, mobile home park division, recreational vehicle park division, commercial\industrial park division, and condominium division of contiguous land regulated by this ordinance, unless: the smallest parcel created is greater than twenty (20) acres (excluding condominium divisions); or, the division of land will result in an average density no greater than one (1) dwelling unit per twenty (20) acres. 2.00 Purposes The purposes of this appendix are: To insure the general health, safety and welfare of the citizens of Jefferson County when considering the approval of new subdivisions, large lot divisions, mobile home park divisions, recreational vehicle park divisions, commercial\industrial park divisions, and condominium divisions. To establish a means to set aside areas of land to meet the open space needs created by new short and long subdivisions, large lot divisions, mobile home park divisions, recreational vehicle park divisions, commercial\industrial park divisions, and condominium divisions. To equitably distribute the cost of providing open space. To mitigate any adverse impacts on neighborhoods without adequate open space when approving new short subdivisions, long subdivisions, large lot divisions, mobile home park divisions, recreational vehicle park divisions, commercial\industrial park divisions, and condominium divisions. xii To insure compliance with the purposes of Subsections 5.305, 6.306, 7.305, 8.306, 9.304, 10.306 and 11.305 of this ordinance and RCW 58.17.110 which require Jefferson County to make appropriate provision for the establishment of open space at the time it considers approval of a proposed short or long subdivision, large lot division, mobile home park division, recreational vehicle park division, commercial\industrial park division, or condominium division. To implement the goals and policies regarding open space in the Jefferson County Parks Plan and the Jefferson County Comprehensive Plan which specify that standards should be developed for open space preservation in all new developments, and that such land should have value for a variety of uses including parks, recreation, and conservation of natural resources. 3.00 Exemptions Redivision of lots created under the standards of this appendix are exempt from any further dedications of open space provided that future lots have access, as required by Subsections 5.305, 6.306, 7.305, 8.306, 9.304, 10.306 and 11.305 of this ordinance to the open space areas dedicated in the original plat or binding site plan. 4.00 Standards and Criteria for Dedication An area greater than or equal to ten percent (10%) of the gross land area to be divided shall be dedicated as open space land; PROVIDED, that at least twenty-five percent (25%) of the gross land area within condominium divisions and recreational vehicle park divisions shall be dedicated as open space land. This appendix does not require the installation of recreational facilities. Land proposed for dedication must meet the following additional criteria: a. Location: ii. The area proposed for dedication may be inside or outside the subject development, but if outside said development, must be within reasonable walking distance for the residents of the development. The property proposed for dedication shall be adjacent to other previously established open space areas in abutting developments, public parks, community sites or facilities, or schools; PROVIDED, that such dedication would increase the overall benefit to the residents of the subject developments Xlll C= and conform to other criteria in this appendix. Access: ii. Types All lots within the subject development must have legal access to the proposed area for dedication at the time of final plat, binding site plan or certification checklist approval. Private or access roads, trees, or other landscaping may separate the area proposed for dedication, however, access should not be blocked by major obstacles such as arterials, collectors, canyons, or ravines. Access to certain dedicated areas may be restricted or denied due to environmental sensitivity. Areas dedicated for active recreational open space shall have access from street frontages. Access may include walkways, pathways or motor vehicle access. of Open Space: ii. III, Lands dedicated for open space should serve one (1) or more of the following functions: (a) to meet the passive and active recreational needs of the residents of the development, or the public if so dedicated; (b) as a perimeter buffer to separate conflicting land uses; (c) to protect environmentally sensitive areas, or as a buffer to screen and protect environmentally sensitive areas; (d) to serve as wildlife connective corridors; (e) to serve as locations for schools or community sites and facilities. (See the Jefferson County Parks Comprehensive Plan, Resolution 87-90, for more detailed information regarding open space land). Except as provided in Subsection 4.1 (c)iii of this appendix, thirty percent (30%) of the dedicated open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry obstacle-free space in a configuration which is suitable for active recreation. The Board may decrease the size of active recreation areas to as Iow as zero percent (0%) of the dedicated open space area if it determines that: (a) inclusion of perimeter buffers, environmentally sensitive areas or wildlife connective corridors would better meet the needs of the residents of the short or long subdivision, large lot division, mobile home park division, recreational vehicle park division, or xiv iv. condominium division; or (b) meeting the standard would require detrimental grading or other disturbance of the natural setting. Except as provided in Subsection 4.1 (c)v of this appendix, no less than thirty percent (30%) of the dedicated open space area shall be reserved as an undisturbed natural area, covered in native vegetation. The Board may decrease the size of undisturbed natural areas to as Iow as zero percent (0%) of the dedicated open space area if it determines that meeting the standard is a practical impossibility because no undisturbed natural areas exist within the boundaries of the proposed development. Proposed open space dedications which do not meet the size or other criteria of this appendix may be considered under Section 7.00 of this appendix. 5.00 Implementation The area proposed for open space shall be dedicated to the residents of the development, the public, or to a nonprofit nature conservancy corporation meeting the requirements of ROW 64.04.130, as amended. If the area proposed for open space is to be dedicated to the residents of the development, maintenance and operation of the open space shall be the responsibility of the lot owners, or lot owners' association. If the area proposed for open space is to be dedicated to a nonprofit nature conservancy corporation, maintenance and operation of the open space shall be the responsibility of said corporation. The County, as a condition of approval, may choose to accept a public dedication, and the attendant maintenance and operation responsibilities, when the area to be dedicated is either one (1) or a combination of the following: Greater than five (5) acres. Adjacent to an established or future County park or school grounds. NOTE: the County is under no ¢ircumstan¢~ responsible for the maintenance and operation of schools or school grounds. Is an access to a body of water greater than three (3) acres in size. Is an environmentally sensitive area, or would screen and protect an environmentally sensitive area. Would serve as a wildlife connective corridor. If the County feels it is in the public interest to accept the dedication. XV VOL 18 O0 The dedication shall be identified on the final plat or binding site plan. When a development is executed in phases, the open space dedication standards of this appendix shall be met by each phase or division unless the intent of this appendix would be better served by another method of apportionment. 6.00 Impr0vement~ Improvements to the area proposed for use as active open space may be required prior to final approval of a plat, certification checklist, or binding site plan, in order to ensure a safe, clean site. However, minimal alteration of the natural setting is encouraged. All improvements required as a condition of approval shall be shown on the face of the final plat or final binding site plan. Improvements to areas proposed for dedication as passive open space are not required prior to final approval of a plat, certification checklist, or binding site plan. 7.00 Equivalent Facilities When areas proposed for dedication do not meet the criteria for dedication in Section 4.00 of this appendix, such land may be improved by grading, filling, landscaping, or with installation of recreation equipment so as to be equivalent in result to the intent of this appendix. Determination of equivalency shall be made by the Planning Department according to the following guidelines: The proposed land and improvements must create recreational opportunities generally equivalent to or greater than the land required for the residents within the short or long subdivision, large lot division, mobile home park division, recreational vehicle park division, or condominium division. The proposed land and improvements must not result in significant disturbance or alteration of an environmentally sensitive area or wildlife connective corridor, unless otherwise allowed by Jefferson County. The proposed land and improvements shall be dedicated in accordance with Section 5.00 of this appendix. 8.00 Stormwater Detention Facilities Stormwater detention ponds may be allowed by the County as part of the dedicated open space subject to the following criteria: xvi The detention pond shall be designed and constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity. Subsequent to installation, the Director of Public Works may require modifications to ensure that the detention pond drains fully when precipitation is not occurring. The side slope of the detention pond shall not exceed a ratio of three to one (3:1 ), unless the slopes are natural preexisting slopes covered with vegetation. If detention facilities are located adjacent to, or near, a year- round stream or wetland, the structure, functions, and values of said stream or wetland shall not be impaired. The detention area shall be covered with vegetation in a manner which is both aesthetic and able to withstand the inundation expected· Use of dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather. In the case of joint use of open space for detention and recreation, the lot owners or owners' association shall be responsible for maintenance of the detention facilities. 9.00 Rights and Dutie~ The owners of open space shall have the following rights which may be exercised in respect of such land, subject to restrictive covenants or other restrictions: The right to locate compatible recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively by the residents of the development and their guests. The right to locate compatible pedestrian paths, bicycle paths and bridle paths. The right to cover up to, but not to exceed, ten percent (10%) of the land with impervious substances reasonably necessary to exercise the rights provided in Subsections (1) and (2) immediately above. The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb. The right to conduct compatible agricultural activities, including, but not limited to, the selective harvesting of mature trees. xvii The right to regulate access to or entry on the open space land, The duty to maintain open space land, APPENDIX G DOCUMENTS RELATING TO THE DESIGN, CONSTRUCTION, AND PLACEMENT OF: ROADS, BRIDGES, DRAINAGE WAYS AND SIGNS The Jefferson County Department of Public Works utilizes the current editions of the following documents, referenced within this ordinance: Washington State Department of Transportation\American Public Works Association, Standard Specifications for Road, Bridge, and Municipal Construction; Washington State Department of Transportation\American Public Works Association, Standard Plans for Road, Bridge, and Municipal Construction; Washington State Department of Transportation, Highway Design Manual; American Association of State Highway and Transportation Officials, Standard Specifications for Highway Bridges; American Association of State Highway and Transportation Officials, A Policy on Geometric Design of Highways and Streets; Washington State Department of Transportation, Hydraulics Manual; Transportation Research Board, Highway Capacity Manual, Special Report # 209; Federal Highway Administration, Manual on Uniform traffic Control Devices for Streets and Highways; Washington State Department of Transportation, Construction Manual; 10. Washington State Department of Transportation, Local Agency Guidelines; 11. Jefferson County Department of Public Works, Road Log; 12. Jefferson County Department of Public Works, Accommodation of Utilities on County Road Rights-Of-Way, Resolution No. 38-91. xix 6J_G