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Kittitas County CodePrintable version...

Title 16 | SUBDIVISIONS*

Chapters
16.04 General Provisions
16.05 Binding Site Plans
16.06 Administrative Segregations
16.08 Definitions
16.09 Performance Based Cluster Platting
16.12 Preliminary Plats
16.18 Irrigation and Sprinkling
16.20 Final Plats
16.24 Survey Data - Dedications
16.28 Development of Illegally Divided Land
16.32 Short Plat Requirements
16.36 Large Lot Subdivision
16.40 Penalties

* For provisions regarding private sewage disposal systems in plats, see Ch. 13.08 of this code.
Prior ordinance history: Ords.  70-13, 71-8, 73-2, 73-8, 73-10, 74-1, 75-3, 75-4, 75-13, 75-12, 76-3, 76-5, 77-2, 773, 77-4, 79-2, 79-3, 80-1, 81-4, 82-3, 84-6, 87-5, 89-3, 90-5, 92-3, 92-11, 96-19, Res. 80-25, and DPW-1-82.


Chapter 16.04
GENERAL PROVISIONS

Sections
16.04.010 Applicability.
16.04.020 Exemptions.
16.04.030 Administration.
16.04.040 Procedure - Application and fees.

16.04.010 Applicability.

  1. Every division and boundary line adjustment within the unincorporated area of Kittitas County shall proceed in compliance with this title.
  2. Every division and boundary line adjustment within the unincorporated area of Kittitas County shall proceed in compliance with KCC Title 12 Road Standards. (Ord. 2005-31, 2005)

16.04.020 Exemptions.
The provisions of this title shall not apply to:

  1. An alteration made for the purpose of adjusting boundary lines as defined in KCC 16.08.055.
  2. Divisions made by testamentary provisions or the laws of descent;
  3. Cemeteries and other burial plots while used for that purpose;
  4. Divisions created by administrative segregation, provided the division is in accordance with Chapter 16.06.
  5. Any division of land for the purposes of installing or maintaining publicly owned facilities, utilities, emergency services, structures and uses, including but not limited to utility substations, pump stations, wells, watershed intake facilities, fire stations, or other utility and emergency services facilities of the same or similar nature, provided that such parcel shall not be required to meet the minimum lot size of the subject zoning district (KCC Title 17). The remaining parcel may be less in total area than the minimum lot size for the zone but if used for a building site must comply with all other county regulations (e.g. on site sewage systems, setbacks, etc.). (Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.04.030 Administration.
The county community development services director, hereafter referred to as the director, is vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the county, and may prepare and require the use of such forms as are essential to their administration. (Ord. 2005-31, 2005)

16.04.040 Procedure - Application and fees.
Any person desiring to subdivide the land in an unincorporated area of the county shall submit a preliminary plat (see Chapter 16.12) to the director which shall be accompanied by filing fees established annually by the board of commissioners under separate action. (Ord. 2005-31, 2005)

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Chapter 16.05
BINDING SITE PLAN

Sections
16.05.010 Binding Site Plan Alternative to Platting.
16.05.020 Requirements.
16.05.030 Appeal.
16.05.040 Recording.
16.05.060 Amendments and Rescindment.

16.05.010 Binding Site Plan Alternative to Platting.
Any person desiring to subdivide land (1) for sale or lease of commercially or industrially zoned property or (2) for purposes of lease when no residential structure other than travel trailers are permitted to be placed upon the land when the county has approved a binding site plan for the use of the land in accordance with local regulations or (3) for divisions of land into tracts or lots for condominiums as provided for in chapter 64.32 or 64.34 RCW, may use this process in lieu of the subdivision process pursuant to chapter 58.17 RCW or (4) for divisions of land for special utilities as defined in KCC 17.61 and public facilities as defined in KCC 17.62.

  1. For sale or lease of commercially or industrially zoned property through an administratively approved binding site plan, which upon approval, allows improvements and final development approval to be done administratively.
  2. This process may be used to divide land by the owner of any legal lot for lease for residential use by travel trailers, in accordance with local land use regulations, through an administratively approved binding site plan.
  3. This process may be used to divide land by the owner of any legal lot, which is to be developed for residential condominiums pursuant to chapter 64.32 RCW.
  4. This process may be used to divide land by the owner of any legal lot, which is to be developed for special utilities or public facilities in accordance with local land use regulations, through an administratively approved binding site plan. (Ord. 2005-31, 2005)

16.05.020 Requirements.

  1. Whenever a binding site plan for an eligible project is proposed on a parcel of land for which neither a planned unit development or a building permit has been approved for the entire parcel, the following must be satisfied prior to recording:
    1. A conceptual site plan shall be prepared in a form prescribed by the director which includes the following information (if appropriate to the project type):
      1. Maximum number of dwelling units permitted.
      2. Approximate size and location of all proposed buildings.
      3. Approximate layout of an internal vehicular circulation system, including proposed ingress and egress.
      4. Approximate location of proposed open space, including required landscaped areas, if any.
      5. Approximate location of parking areas.
      6. Location and size of utility trunk lines serving the site.
      7. Topography detailed to five-foot intervals.
      8. Location of water storage and fire hydrant location.
    2. Upon application, the director shall distribute copies to public agencies having pertinent expertise or jurisdiction and all persons owning real property within 300 feet from and parallel to the boundaries of the proposed activities and such contiguous area under the legal control of the applicant for review and comment.
  2. The director shall consider, and base his decision to approve with or without conditions, deny or return the application on the following:
    1. Conformance of the proposed site plan with any approved building permit or planned unit development and any conditions on a portion of the site, and with any applicable codes and ordinances, of the State of Washington and Kittitas County. The director shall identify, to the extent feasible, conditions likely to be imposed on building permits related to dedication of right-of-way or open space, and tracts, easements or limitations which may be proposed or required for utilities, access, drainage controls, sanitation, potable water supply, protection of sensitive areas or other unique conditions or features which may warrant protection of the public health, safety and welfare. Such preliminary conditions shall not be binding at the time of building permit approval.
    2. The recommendations and comments of agencies having pertinent expertise or jurisdiction.
    3. Proof that all lots or tracts created by binding site plan are approved for irrigation delivery by the appropriate irrigation entity or entities.
    4. The director may require dedication of additional road right-of-way pursuant to criteria contained in Kittitas County Code.
  3. Additional documents shall be submitted as necessary for review and approval and may include a plat certificate, boundary survey, agreements, easements, covenants.
  4. The plan must be approved and signed in the same manner as a short plat. Prior to recording, the director shall verify the final plan and any attachments to determine whether the binding site plan is accurate and complete and complies with any conditions or approval. Approval of a binding site plan does not give the applicant a vested right to build without regard to subsequent changes in zoning or building codes or other applicable land use regulations prior to application for a building permit on the subject property. (Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.05.030 Appeal.
Any decision by the director shall be final unless appealed to the Board of County Commissioners as provided for in KCC 15A.07. (Ord. 2005-31, 2005)

16.05.040 Recording.
The proposed binding site plan approved by the County shall be recorded with the Kittitas County Auditor within 30 days of approval. Upon recording, the site plan shall be binding on the owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter 64.32 R.C.W, provided the structure or structures, road and parking systems, and related facilities substantially conform to the recorded building plan. (Ord. 2005-31, 2005)

16.05.060 Amendments and Rescindment.

  1. Amendment of a recorded binding site plan shall be accompanied by following the same process as required for a new application as set forth in this Chapter.
  2. Upon request of the owner or owners of a legal lot or lots subject to a recorded site plan, the director shall rescind all or a portion of the binding site plan, provided that any portion of a binding site plan which is rescinded shall be considered to be one lot unless divided by an approved subdivision or short subdivision.
  3. Signatures of owners of portions of a binding site plan which are not altered by an amendment or rescission plan, which are not altered by an amendment or rescission, are not required on the amended binding site plan or application for rescission. (Ord. 2005-31, 2005)
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Chapter 16.06
ADMINISTRATIVE SEGREGATIONS*

Sections
16.06.010 Applicability.
16.06.020 Requirements.
16.06.030 Process for Appeal.
16.06.040 Appeal.
16.06.050 Recording.
16.06.060 Amendments and Rescindment.

* Publisher's note: Scrivener's errors in Ord. 2011-013: index section 16.06.050 should read "Expiration"; index section 16.06.060 does not exist; below, section 16.06.030 Appeal should be numbered 16.06.040, and section 16.06.040 Expiration should be numbered 16.06.050.

16.06.010 Applicability.
Applies to the division of land within the boundaries of a legal description when fewer than ten lots or tracts are created and where no lot or tract is less than twenty (20) acres. (Ord. 2011-013, 2011)

16.06.020 Requirements.

  1. An administrative segregation review must be completed and obtained, pursuant to KCC 16.06.030.
  2. Land reconfigured within, and parcels created by an administrative segregation shall not be further subdivided without review under the provisions for short plat, large lot subdivision, or plat as appropriate.
  3. Land reconfigured within, and parcels created by an administrative segregation shall not be reduced in size through a boundary line adjustment below 80 acres if within the Commercial Forest Zone or below 20 acres for all other zones.
  4. Land reconfigured within, and parcels created by an administrative segregation must comply with the minimum lot size requirements of KCC 17.57.040 if within the Commercial Forest Zone, KCC 16.18.030 Parcel creation - Irrigation water delivery system requirements, KCC 13.04.080 OSDS Location, KCC 17A.08.025 Wellhead protection areas, and KCC Title 12 Road Standards.
  5. Parcels must be created by a survey that complies with all requirements of RCW 58.09 and chapter 332-130 WAC. A specific statement of purpose of survey and the specific exemption claimed shall be shown on the face of the title and record of survey. (Ord. 2011-013, 2011)

16.06.030 Process for Appeal.

  1. Applications shall be filed on forms prescribed by the Community Development Services department. The application shall be accompanied by review fee(s) paid in full. The fee for such application shall be established annually by resolution.
  2. An application for an administrative segregation shall receive both preliminary approval and final approval before recording a survey to create the proposed parcels.
  3. The director shall consider, and base his preliminary decision to approve with or without conditions, deny, or return the application on the following:
    1. Compliance with the requirements of KCC 16.06.020.
    2. The recommendations and comments of agencies having pertinent expertise or jurisdiction.
  4. The director shall consider, and base his final decision to approve, deny, or return the application on the following:
    1. Compliance with the requirements of the director's preliminary decision.
    2. Confirmation from the Treasurer's Office that all taxes have been paid in full.
    3. Compliance with the survey requirements of KCC 16.06.020(5).
  5. The approved administrative segregation shall be recorded with the Kittitas County Auditor within twelve (12 months) of preliminary approval. Upon recording, the division of land shall be binding on the owner, his heirs and assigns. (Ord. 2011-013, 2011)

16.06.030 Appeal.
Any decision by the director shall be final unless appealed to the Board of County Commissioners as provided for in KCC 15A.07. (Ord. 2011-013, 2011)

16.06.040 Expiration.
An administrative segregation is not considered approved until a survey creating the parcels has been recorded. Failure to record within twelve (12) months of preliminary approval means the administrative segregation application is expired and must be resubmitted for review and approval. The time periods of this section do not include the time during which the administrative segregation was not pursued due to the pendency of administrative appeals or legal actions. (Ord. 2011-013, 2011)

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Chapter 16.08
DEFINITIONS

Sections
16.08.010 Word construction.
16.08.015 Administrative segregation.
16.08.020 Alley.
16.08.040 Block.
16.08.050 Board.
16.08.055 Boundary line adjustment.
16.08.060 Comprehensive plan.
16.08.080 Dedication.
16.08.086 Director.
16.08.087 Division.
16.08.090 Easement.
16.08.100 Large lot subdivision.
16.08.110 Lot.
16.08.115 Minimum lot size.
16.08.118 Parcel creation.
16.08.120 Planning commission.
16.08.130 Plat.
16.08.135 Plat certificate.
16.08.140 Plat, final.
16.08.160 Public works director.
16.08.165 Road, public and private.
16.08.185 Short plat.
16.08.186 Short Subdivision.
16.08.190 Subdivider.
16.08.200 Subdivision.

16.08.010 Word construction.
Whenever the words and phrases appear in this title they shall be given the meaning attributed to them by this chapter. 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; the word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision. (Ord. 2005-31, 2005)

16.08.015 Administrative segregation.
"Administrative segregation" means the division of land within the boundaries of a legal description into fewer than ten lots or tracts where no lot or tract is less than twenty (20) acres. Administrative segregations must comply with Chapter 16.06 of this title. (Ord. 2011-013, 2011; Ord. 2010-014, 2010; Ord. 2005-31, 2005)

16.08.020 Alley.
"Alley" means a strip of land dedicated to public use providing vehicular and pedestrian access to the rear side of properties which abut and are served by a public road. (Ord. 2005-31, 2005)

16.08.040 Block.
"Block" means a group of lots, tracts, or parcels within well defined and fixed boundaries. (Ord. 2005-31, 2005)

16.08.050 Board.
"Board" means the Board of Kittitas County Commissioners. (Ord. 2005-31, 2005)

16.08.055 Boundary line adjustment.
"Boundary line adjustment" means making alterations to existing lots, tracts or parcels through adjusting one or more property lines. A boundary line adjustment is an alteration made for the purposes of adjusting boundary lines, which does not create any lot, tract, or parcel, which contains insufficient area and/or dimensions to meet minimum requirements for a building site. No lot or parcel resulting from a boundary line adjustment may be smaller than the minimum size allowed in that zone; provided, however, if the lot or parcel was already a nonconforming lot size that did not meet the minimum lot size for that zone, a boundary line adjustment may adjust boundaries so that nonconforming lot is larger even if it still continues to be less than the minimum lot size for that zone.

Boundary line adjustments are not intended to make changes that result in increased development or density otherwise regulated by applicable land use codes. The resulting legal descriptions shall incorporate the original legal descriptions and the resulting change to those descriptions.

Boundary line adjustments must comply with KCC 16.18 and KCC Title 12 Road Standards. (Ord. 2005-31, 2005)

16.08.060 Comprehensive plan.
"Comprehensive plan" means the current comprehensive plan of the county, adopted by the board pursuant to state law. (Ord. 2005-31, 2005)

16.08.080 Dedication.
"Dedication" means the deliberate conveyance of land by an owner or corporation for any general or public uses, reserving to himself 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 intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the board of county commissioners. (Ord. 2005-31, 2005)

16.08.086 Director.
"Director" is the director of Kittitas County Community Development Services department or designee. The director may also be referred to as the County Planner in certain legislation. (Ord. 2005-31, 2005)

16.08.087 Division.
"Division" means the creation of a lot through short or long subdivision, large lot subdivision, administrative segregation, use of intervening ownership, etc., but not including a boundary line adjustment. (Ord. 2005-31, 2005)

16.08.090 Easement.
"Easement" means a grant by a property owner to specific persons or to the public to use land for a specific purpose or purposes. (Ord. 2005-31, 2005)

16.08.100 Large lot subdivision.
"Large lot subdivision" means any subdivision of land into two or more lots or parcels the smallest of which is twenty (20) acres or greater. (See KCC 16.36 for standards and requirements) (Ord. 2005-31, 2005)

16.08.110 Lot.
"Lot" means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels. (Ord. 2005-31, 2005)

16.08.115 Minimum lot size.
Minimum Lot sizes for the respective zones can be found in Title 17 of this code. (Ord. 2005-31, 2005)

16.08.118 Parcel creation.
"Parcel creation" means the creation of a lot through short or long subdivision, large lot subdivision, administrative segregation, use of intervening ownership, etc. and including boundary line adjustments. (Ord. 2005-31, 2005)

16.08.120 Planning commission.
"Planning commission" means the Kittitas County planning commission. (Ord. 2005-31, 2005)

16.08.130 Plat.
"Plat" means a map or representation of a short or long subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, roads and alleys or other divisions and dedications. (Ord. 2005-31, 2005)

16.08.135 Plat certificate.
"Plat certificate" means a certificate showing ownership of land proposed for short or long subdivision, including all encumbrances thereon. (Ord. 2005-31, 2005)

16.08.140 Plat, final.
"Final plat" means the final drawing/map and dedication prepared for administrative or board approval and filing for record with the county auditor, all in accordance with county subdivision procedures and minimum requirements. (Ord. 2005-31, 2005)

16.08.160 Public works director.
"Public works director" means the public works director or his or her designee. (Ord. 2005-31, 2005)

16.08.165 Road, public and private.
"Road, public and private" for definition see Title 12 of this code for definition. (Ord. 2005-31, 2005)

16.08.185 Short plat.
"Short plat" is the map or representation of a short subdivision. (Ord. 2005-31, 2005)

16.08.186 Short Subdivision.
"Short subdivision" means the division or re-division of land into four or fewer lots, tracts, parcels, sites or divisions, for the purpose of sale, lease, or transfer of ownership any one of which is less than 20 acres. (Ord. 2005-31, 2005)

16.08.190 Subdivider.
"Subdivider" means a person, including a corporate person, who undertakes to create a subdivision. (Ord. 2005-31, 2005)

16.08.200 Subdivision.
"Subdivision" means the division or re-division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership any one of which is less than 20 acres. (Ord. 2005-31, 2005)

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Chapter 16.09
PERFORMANCE BASED CLUSTER PLATTING

Sections
16.09.010 Purpose and Intent.
16.09.020 Uses Permitted.
16.09.025 Applicability.
16.09.030 Criteria.
16.09.040 Development Regulations.
16.09.060 Minimum Lot Size.
16.09.080 Process for Approval.
16.09.090 Public Benefit Rating System.
16.09.100 Definitions.

16.09.010 Purpose and Intent.
With the recognition of the value of retention of rural densities in rural lands, while protecting our critical areas, water resources and resource lands, and with recognition that urban densities belong in urban designated lands, Kittitas County also recognizes the need for innovative planning tools to achieve these goals. Encouraged by the Growth Management Act (GMA), Kittitas County may provide for clustering, planned unit developments, density transfer, design guidelines, conservation easements and other innovative techniques that will accommodate appropriate rural and urban densities and uses at levels that are consistent with the preservation of rural character and that provide a public benefit.

To assist in the implementation of Kittitas County's policy to provide tools to foster appropriate densities, while making development economically feasible, to recognize benefits to the greater community through an effort to conserve natural resource lands, to conserve water resources, to promote the establishment of community gardens, to protect public health by reducing the number of septic drain fields, by concentrating urban densities in urban growth areas and by minimizing the impact of "Rural Sprawl" in rural lands as designated in the Kittitas County Comprehensive Plan, Kittitas County finds that this "Performance Based Cluster Platting" technique would foster the development of urban and rural designated lands at appropriate densities while protecting the environment and maintaining a high quality of life in Kittitas County. (Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.020 Uses Permitted.
The permitted uses of the clustered area shall be those of the underlying zone. Those uses specifically identified for the recreation categories in KCC 16.09.090 can be found in KCC 17.14 performance based cluster plat uses. Other uses not specifically identified may apply if determined a similar use as provided in Title 15A. (Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.025 Applicability.
Applicability. This chapter applies to all tax parcels or combination of tax parcels from the date of the ordinance codified in this chapter, located in the Residential, Residential-2, Suburban, Suburban-2, Agriculture-3, Agriculture-5, Agriculture-20, Rural-3, Rural-5, and Forest and Range-20 zoning districts. (Ord. 2010-014, 2010)

16.09.030 Criteria.
Public Benefit Rating System (PBRS) points may be earned for including certain project elements or amenities not otherwise required by code. No PBRS points shall be awarded for land which is already protected through the Critical Areas Ordinance, Shoreline Management Program or other regulatory requirement. The calculation of open space shall not include areas already protected through regulation, including but not limited to wetland areas and their buffers, slopes over 33%, frequently flooded areas as defined in KCC 17A.02.140 or areas used to accommodate plat infrastructure (e.g. roadway surfaces, stormwater drainage facilities, or community septic facilities). For purpose of calculating open space, eligible areas are defined in KCC 16.09.100.C.

When a public benefit is demonstrated then bonus density points will apply, according to the Public Benefit Rating System in KCC 16.09.090. An element that may have a high value in an urban designation may have a low value in a rural designation. It is necessary, therefore, to have a separate set of criteria and outcomes depending on the land use designation. The density bonus provided in KCC 16.09.090 is limited to use in the following rural designations with a 100% bonus: in the Rural -3, Agriculture -3, Rural -5 and Agriculture - 5 zones and 200% in the Agriculture 20 and the Forest and Range 20 zones. There is no limit to density bonus or the use of PBRS within the Urban Growth Areas.

  1. All public benefits that are proposed and accepted in exchange for density bonus points shall be identified on recorded plats as easements, covenants, plat notes, or other acceptable mechanism as determined by the Kittitas County.
  2. A minimum of forty percent (40%) of the area within the project boundary must be set aside in open space prior to application of the Public Benefit Rating System contained in KCC 16.09.090 of this chapter.
  3. The following minimums for open space acreage by zone shall apply:

          Rural 3 and
    Ag 3 Zones.
        Rural 5 and
    Ag 5 Zones.
        Agriculture 20 and
    Forest and Range 20.
    Minimum open
    space acreage.
      9 acres   15 acres   30 acres

  4. A minimum percentage of the density bonus must be achieved with a transfer of developments rights. The following percentage minimums by zone shall apply:

          Rural 3 and
    Ag 3 Zones.
        Rural 5 and
    Ag 5 Zones.
        Agriculture 20 and
    Forest and Range 20.
    Minimum % of density
    bonus with TDRs.
      50%   75%   100%

(Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.040 Development Regulations.

  1. Phasing. Phasing shall be permitted without bonding requirements for future phases. Extension to final plat approval may be requested by the applicant pursuant to KCC 16.12.250.
  2. Notification Requirement. If appropriate, all Performance Based Cluster Platting conveyance instruments shall contain the following notice: The subject property is within or near existing agricultural or other natural resource areas on which a variety of activities may occur that are not compatible with residential development for certain periods of varying duration. Agricultural or other natural resource activities performed in accordance with county, state and federal laws are not subject to legal action as public nuisances. Kittitas County has adopted right to farm provisions contained in the Section 17.74 of the Kittitas County Zoning Code.
  3. Compliance with County Development Regulations. Unless otherwise specified by this chapter, all development activities authorized through this chapter shall comply with all existing, applicable county development regulations, including but not limited to: subdivision ordinance, zoning code, shoreline master program, road standards, fire and life safety, critical areas, and floodplain development ordinance. In addition, Performance Based Cluster Platting shall not be used prospectively in conjunction with the Kittitas County planned unit development ordinance (Chapter 17.36 of this code).
  4. Applications. Applications for Performance Based Cluster Platting shall be evaluated for the possible impacts to adjacent agricultural uses. Residential parcel densities allowed in rural areas can have a significant impact on agricultural, forestry and mineral resource uses. Conditions may be placed on development proposals through the normal Kittitas County permitting authority, which protect agricultural lands from possible impacts related to incompatible land uses.
  5. Irrigation. If the land is served with irrigation water, a preliminary irrigation plan is required with application.
  6. Farmstead. The farmstead, including the pre-existing residential and associated out buildings within the project boundary, will not be required to become part of a cluster of residences.
  7. Location. Clustered lots shall be located within the project boundary in a manner that best recognizes the integrity of the public benefits identified in the cluster plat, including but not limited to, the location of the natural resource lands, critical areas as identified in KCC 17.A, purpose of open space, etc.
  8. Agriculture-20. The ability to create one lot less than twenty acres in size in the Agriculture-20 zoning district, pursuant to KCC 17.29.040(A)(1) shall not be used in addition to or cumulatively with Performance Based Cluster Platting.
  9.  Access to Public Lands. Applications that included parcels which share property line boundaries with public lands which allow public use must maintain or enhance existing public access points as part of the application in order to be considered for density bonuses under the Public Benefit Rating System. Maintained or enhanced public access points to public lands shall be in conformance with requirements as identified by federal, state, and local agencies having jurisdiction over said public lands. Documentation demonstrating such shall be submitted as part of the project application. (Ord. 2011-013, 2011; Ord. 2010-014, 2010; Ord. 2006-36, 2006; Ord. 96-6 (part), 1996)

16.09.060 Minimum Lot Size.
The size of the lots to be developed shall meet the minimum WA ST Department of Health requirements. (Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.080 Process for Approval.

  1. Prior to submitting an application for a Performance Based Cluster Plat the applicant shall submit a request for a Pre-application Conference with the staff of Community Development Services. (CDS). CDS will schedule the pre-application conference and invite other county departments and outside agencies as appropriate to review and offer comments regarding the application and to assist the applicant in the appropriate process.
  2.  Submit preliminary Performance Based Cluster Plat map in conformance with requirements in KCC Title 16.12 Preliminary Plats and Title 12 Road Standards. Submit SEPA checklist in conformance with KCC 15.04 SEPA Regulations, as required for a plat application.
  3.  Submit critical areas application consistent with KCC Title 17A.C.
  4.  Performance Based Cluster Plats are to be processed as plats and are subject to a public hearing before the Hearing Examiner as provided for in KCC Title 15A. Project Permit Application Process.
  5. Final Performance Based Cluster Plat approval must be in conformance with KCC Title 16.20 Final Plats.
  6. Prior to final plat approval, any features of the project incurred as a result of bonus density shall be fully constructed or bonded for.
  7. Documentation shall be submitted by the applicant stating how the proposed development meets the intent of Chapter 16.09, and shall also demonstrate consistency with the bonus density awarded for such development prior to final approval.
  8. Final plats meeting all requirements of this chapter shall be submitted to the Board of County Commissioners for approval within the timeframe specified by RCW 58.17.140. An applicant who files a written request with the County at least thirty days before the expiration of this period shall be granted an extension pursuant to KCC 16.12.250. (Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2007-22, 2007; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.090 Public Benefit Rating System.
Points accrued from each element will be calculated in a cumulative manner and applied as a total in accordance with the public benefit rating system chart below. This total shall be converted to a percentile on a one to one basis (ex. 80 points equals 80% bonus density) and multiplied against the underlying zone minimum lot size based density.

Where more than one zone exists within a cluster plat boundary, the overall percentile shall be applied against the number of whole lots calculated within the individual zone acreage and within the overall limit for the zone per 16.09.030 of this code.

Example:

  • An application for an 80 acre cluster plat where 65 acres are zoned Forest and Range 20 and 15 acres are zoned Rural 3.
  • Total cumulative points for entire plat earned = 150. Converted to 150%.
  • Rural 3 zone density bonus limit = 100%
  • Forest and Range 20 zone density bonus limit = 200%.

Calculations:

  1. 15 acres divided by 3 acre min. lot size = 5 whole lots.*
  2. 5 lots times 100% max. (within the 150% earned) for Rural 3 = 5 bonus lots.
  3. 65 acres divided by 20 acre min. lot size = 3 whole lots.
  4. 3 lots times 150% earned (within the 200% max. allowed for Forest and Range) = 4 bonus lots.
  5. Total lots allowed for cluster plat = 17. A potential of up to 5 clusters (minimum 3 lots or building envelopes each) may be located where most appropriate within the 80 acre project boundary regardless of the zone in which each cluster is placed.

* Whole lots are based on the minimum lot size for the zone and fractions thereof will not be rounded up to constitute a whole lot.

Public Benefit Ratings System Chart

ElementUrban PointsRural Points or UnitsComments and Requirements
Transportation
Roadway Right of Way width exceeding County Road Standards by >20% to Accommodate Future Growth and Multi-Modal Transportation Needs. 25 0 Urban levels of activity will need to consider future needs as growth and population increase. There will be more opportunity for Multi-modal transportation options in the urban environment.
Incorporate appropriate easements and rights of way to allow for connectivity between developments for motorized, non-motorized and pedestrian travel. Facilitates grid system transportation network. 50 5 Establishment and facilitation of connectivity between developments for all modes of transportation will allow for efficient and orderly road development.
Provide for new multi-modal access to publicly owned recreational lands. 25 25 Access to public recreation lands has diminished as a result of increased development. Incentives to provide access are vital to the public interest. Proposed new access points to public lands shall be in conformance with requirements as identified by federal, state, and local agencies having jurisdiction over said public lands. Documentation demonstrating such shall be submitted as part of the project application.
     
Open Space
Place 41% to 75% of site in open space for perpetuity. 0 41-50% = 10
51-55% = 11
56-60% = 12
61-65% = 13
66-70% = 14
71-75% = 15
Significant long term benefit in rural areas. Minimizes options for redevelopment in urban areas.
Create urban redevelopment areas using open space. 35 0 Allows for redevelopment in urban areas not currently served by urban services.
In rural areas provide for open space connectivity with existing public lands, resource lands, or adjacent open space protected in perpetuity. 0 25 Open space provides the greatest public benefit when combined with adjacent open space to create larger tracts of contiguous resource land.
     
Wildlife Habitat
Connectivity of Wildlife Corridors 0 15 Development of open space is most effective if done with adjacent open space lands in mind. Development of wildlife corridors provides maximum benefit from open space creation. Proposed wildlife corridors shall be consistent with the requirements of the Washington State Department of Fish and Wildlife. Documentation demonstrating such shall be submitted as part of the project application. New dedicated wildlife corridors shall be designated as open space for perpetuity in order to be awarded bonus density points.
Wetland and riparian areas, setbacks, wetland, riparian areas and habitat enhancement and creation beyond requirements of CAO. 10 5 Provides for replacement of historic loss of wetlands, habitat, riparian and aquifer recharge areas.
     
Health and Safety
Community septic system. 0 10 Minimizes individual drain fields and ensures maintenance of system.
Reclaimed water system. 50 50 Reduces use of domestic water supplies for irrigation and stream flows.
     
Recreation. For specific uses see KCC 17.14.
Development of passive recreational facilities: ie: bird watching, picnic areas. 5 5 Provides limited recreational use. Passive recreational facilities shall be available for public use (not limited to private landowners within the development) to be awarded points.
Development of active recreational facilities ie: trails, ball fields, tennis courts, outdoor riding arenas. 10
An additional 10 points shall be awarded for active recreational facilities that connect with adjacent facilities.
10
An additional 10 points shall be awarded for active recreational facilities that connect with adjacent facilities.
Provides for increased opportunity for recreation. Active recreational facilities shall be available for public use (not limited to private landowners within the development) to be eligible for points.
Development of formal recreation facilities available for general public use, ie: pool, clubhouse, golf course, indoor riding arenas. 15 15 Provides for increased opportunity for recreation
Development of community gardens for residents within the development. 10 10 Provides for increased opportunity for recreation and a local food source. The ground area, excluding any area used for community garden buildings or structures, shall be a minimum of .25 acre or 10,000 square feet. The community garden shall be served by a water supply sufficient to support the cultivation practices used on the site.
     
Conservation of Farm and Forest Land
  Purchase of residential development rights pursuant to KCC 17.13. 0 Number of units is directly related to the number of residential development rights transferred pursuant to KCC 17.13. Permanent conservation of rural farm and forest land through acquisition and extinguishment of the development rights on lands designated as "sending sites" pursuant to KCC 17.13.

(Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2007-22, 2007; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.100 Definitions.

  1. Cluster. A "cluster" consists of three or more buildable contiguous lots or building envelopes within the cluster boundary. Individual clusters need not be contiguous but must be within the project boundary.
  2. "Density bonus" is that percentage of increase over the underlying zoning in the number of residential lots based on the total acres of the proposal.
  3. Open space. For purposes of this chapter, "open space" shall mean land used for outdoor active, passive and formal recreational purposes, land used for resource protection (including related structures such as barns on agriculturally productive land), land which is a common area for use by the public and/or residents of a cluster development, which is reserved for parks, walking paths or other natural uses, but not to include critical areas where development would otherwise be restricted, or slopes over 33%, or frequently flooded areas, or dwellings or roadway surfaces, or building setbacks required by current codes, BPA easements, conservation easements or areas otherwise encumbered by federal, state, or local jurisdictions. Open space that is utilized to accommodate plat infrastructure, such as roads, stormwater drainage, or community septic facilities cannot be counted for density bonus points or meeting the minimum 40% open space criteria as required in KCC 16.09.030(1). However, for the purpose of the calculation of open space to determine the minimum 40% open space criteria as required in KCC 16.09.030(1), areas encumbered by an easement may be included if the easement allows development consistent with active and passive recreation or resource land uses. In all cases, for purposes of this chapter, open space shall be of a functional nature and incorporate logical boundaries.
  4. Public Water System. A DOH approved water system that meets the requirements of WAC 246-290 or 246-291, or any water system that meets the definition of "Municipal water supplier" under RCW 90.03.015.
  5. Sewage Disposal System. A DOH or DOE approved sewage disposal system that meets the requirements of RCW 36.94 or RCW 90.46 or RCW 90.48.
  6. Parent Parcel. That land made up of one or more contiguous tax parcels that are developed under this section.
  7. Recreational passive uses shall include, but not be limited to, picnic areas, bird and wildlife viewing areas, pedestrian trails, etc.
  8. Recreational active uses shall include, but not be limited to, ball fields, tennis courts, wheeled vehicle trails, outdoor riding arenas, etc.
  9. Recreational formal uses shall include, but not be limited to, swimming pools, clubhouses, golf courses, indoor riding arenas, etc.
  10. Reserve Development Area is all of the land within the project boundary that is within one mile of an Urban Growth Area and could reasonably be considered for inclusion within an Urban Growth Area during the 20 year planning period.
  11. The "residual parcel" (also called "the open area") is that land which is remaining after the cluster subdivision lots and internal roads are deducted. (Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2007-22, 2007; Ord. 2006-36, 2006; Ord. 2005-35, 2005)
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Chapter 16.12
PRELIMINARY PLATS

Sections
I DRAWING REQUIREMENTS
16.12.010 Generally.
16.12.020 Preliminary plat general information.
16.12.030 Existing conditions.

II DESIGN STANDARDS
16.12.040 Comprehensive plan and zoning regulation conformance.
16.12.090 Lot size.
16.12.110 Required easements.

III FILING
16.12.120 Receiving - Filing procedure.

IV HEARING
16.12.130 Date, notice - Procedure.
16.12.140 Scope.
16.12.150 Road, sewer, water and fire system recommendations.
16.12.160 Facilities - Improvements.
16.12.170 Comprehensive plan conformance.

V HEARING EXAMINER'S ACTION
16.12.180 Findings and report.
16.12.190 Records.

VI BOARD ACTION
16.12.200 Date and records.
16.12.210 Acceptance or rejection.
16.12.230 Records.

VII PRELIMINARY APPROVAL
16.12.240 Development authorization.
16.12.250 Expiration.

I DRAWING REQUIREMENTS

16.12.010 Generally.
Any person desiring to subdivide land shall prepare and submit to the county community development services department at least eight (8) copies of a preliminary plat of the proposed land subdivision which shall meet the requirements in Sections 16.12.020 through 16.12.030. (Ord. 2005-31, 2005)

16.12.020 Preliminary plat general information.
Unless otherwise specified, information required below may be placed on either sheet one or subsequent sheets or on all sheets as necessary.

  1. All preliminary plat drawings shall be submitted on eighteen by twenty-four inch sheets. When required by the county public works director, proposed road plans and profiles prepared by a licensed civil engineer shall be submitted on standard 22" x 36" sheets for review. The scale shall be 1" = 100' horizontal and 1" = 10' vertical, sheet one.
  2. Names of proposed subdivision, all sheets.
  3. Location of subdivision by section, township, range, county and state, all sheets.
  4. Legal description of land contained within the subdivision.
  5. Name(s) and address of the owner(s), subdivider(s), surveyor, engineer and date of survey.
  6. Scale (1" = 200', or greater) north arrow and date, sheet one.
  7. Vicinity map showing the boundary lines of all adjacent subdivisions, roads, streets, rivers, streams, canals, or any other information that will assist the planning commission in considering the plat, sheet one.
  8. Proposed platted boundary lines, lot and road dimensions, and gross acreage, sheet one.
  9. A statement regarding the contemplated sewage disposal, potable water supply, and drainage improvements for the proposed subdivision.
  10. All access easements.
  11. All irrigation ditch easements or historical ditch locations. (Ord. 2010-014, 2010; Ord. 2005-31, 2005)
16.12.030 Existing conditions.
Unless otherwise indicated, the following shall be shown on the preliminary and final drawings.
  1. Contour lines at intervals of five feet for slopes less than thirty percent, and ten feet for slopes over thirty percent at preliminary review only , or the use of USGS maps to represent elevations and slopes at preliminary review may be used and where such maps are utilized at preliminary review they must be verified by Contour lines of five feet for slopes less than thirty percent and ten feet for slopes over thirty percent at final review.
  2. Location, width and type of all roads, streets, alleys, easements, and rights-of-way on and adjacent to the proposed subdivision.

  3. Location of all existing ditches apparent or of record, marshes, areas subject to flooding, and the direction of flow of all water courses, as required by KCC 17A.05.015.

  4. Existing uses of the property, including the location and nature of all acreage, fences and/or other structures.

  5. Any additional information deemed necessary by Kittitas County.

  6. The total acreage and number of lots included within the subdivision shall be indicated on sheet one of the plat.

  7. Except for administrative segregations, one soil log shall be performed and information recorded for each lot within the proposed subdivision. Soil logs shall be in accordance with chapter 246-272A WAC. (Ord. 2010-014, 2010; Ord. 2005-31, 2005)

II DESIGN STANDARDS

16.12.040 Comprehensive plan and zoning regulation conformance.
All proposed subdivisions and administrative segregations shall conform to the county comprehensive plan and all applicable zoning regulations in effect at the time they are submitted for approval. Lots shall be of sufficient area, width and length to satisfy zoning requirements, or, where zoning controls do not apply, to satisfy the minimum health and sanitation requirements of the county health department. (Ord. 2005-31, 2005)

16.12.090 Lot size.
Lot sizes shall comply with minimum zoning, health, and sanitation codes where applicable. (Ord. 2005-31, 2005)

16.12.110 Required easements.
All lots will have utility easements shown on the face of the plat or in the plat restrictions. Said easements shall be of a width adequate to allow for future utility installations.

  1. Drainage and Storm Water Easements. Easement for drainage channels and ways shall be of sufficient width to assure that the same may be maintained and improved. Easements for storm water shall be provided and shall be 10 feet in width and properly located to permit future installations. No storm water discharge to irrigation entity facilities shall be authorized without a permit from the irrigation entity or ditch owner.
  2. Utility Installations. Utility lines, including, but not limited to electricity, water, natural gas, sewer, telephone and television cable, serving and located within the subdivision, shall be placed underground. Where topography, soil, or other conditions make underground installations impracticable, and the board, upon recommendation from the county engineer, so finds upon written evidence presented by the supplier of such utilities, may waive this requirement for underground utilities. Utility installations shall be in conformance with requirements of KCC Title 12 (Utilities within the right of way).
  3. Public Utilities. Where alleys are not provided, easements for public utilities shall be provided along lot lines where necessary, including any necessary access easements. There shall be a minimum of ten (10) feet in width. Where possible, the width of rear and side lot line easements shall be equally shared by abutting lots and easements shall be continuous and aligned from block to block within the subdivision and with adjoining subdivisions.
  4. Irrigation Easements. Any plat which includes a lot or lots consisting, in whole or in part, of irrigated land, or un-irrigated land classified by an irrigation district as irrigable to which there is a water right, shall provide adequate irrigation easements to each such lot. Any plat proposed for land through which irrigation water flows to downstream users shall provide easements for existing ditches, channels, conveyances and structures through which such water flows and such shall be shown on the plats, maps and polyester originals.

All easements and rights of way required pursuant to this subsection shall be of sufficient width for maintenance, and the plat shall contain on its face a note of access to downstream water users for the purpose of maintenance. Preliminary applications for the division of land shall conform to KCC Title 12 stormwater regulations and stormwater easements shall be shown prior to final approval of the document.

Any new easement necessary for Irrigation and delivery of water shall be reviewed by the Irrigation district or entity serving the site to make recommendations as to the final location and placement of new easements. It is recognized that the preference is to place new easements outside any existing right of way and the County road. Additional easement width may be required to accommodate the delivery or tail water. Existing irrigation conveyances within the County road right of way shall continue to exist under the Right to Farm Ordinance within this code. (Ord. 2005-31, 2005)

III FILING

16.12.120 Receiving - Filing procedure.
If the director determines that the preliminary plat contains sufficient elements and data to furnish a basis for its approval or disapproval, and the plans are adequate to allow the public works director to approve or disapprove the construction of future improvements, the director shall affix a file number and date of receipt to the application and promptly forward all copies of the plans of roads, utilities, and other proposed improvements to the county engineer.

The director shall forward copies of the preliminary plat to other departments, municipalities, utility companies or public agencies determined to have an interest in the subdivision. All reviewing agencies and/or entities shall forward their comments to the director pursuant to Title 15A of this code, Project permit application process. Failure to report within appropriate comment time shall be interpreted to indicate that the proposed subdivision will not adversely affect the agency or utility involved. (Ord. 2005-31, 2005)

IV HEARING

16.12.130 Date, notice - Procedure.
Upon receipt of a preliminary plat, the director shall set a date for open record predecision public hearing before the planning commission. The director shall give notice of the public hearing pursuant to Title 15A of this code, Project permit application process. (Ord. 2005-31, 2005)

16.12.140 Scope.
At the open record predecision public hearing the planning commission shall consider all relevant evidence to determine whether to recommend that the preliminary plat be approved or disapproved by the board. Any hearing may be continued at the discretion of the commission. (Ord. 2005-31, 2005)

16.12.150 Road, sewer, water and fire system recommendations.
The planning official, county public works director, county health officer, and the county Fire Marshal, shall certify to the Hearing Examiner, prior to the hearing, their respective recommendations as to the adequacy of the proposed road system, the proposed sewage disposal and potable water supply systems and fire and life safety protection facilities within the subdivision. The recommendations of the planning official, county public works director, county health officer, and the county Fire Marshal, shall be attached to the Hearing Examiner's report for transmittal to the board. (Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.12.160 Facilities - Improvements.
The Hearing Examiner shall determine whether the proposal includes appropriate provisions for drainage, roads, alleys, and other public ways, water supplies, sanitary wastes, parks, playgrounds, fire and life safety protection facilities, school sites and grounds and other public and private facilities and improvements as required by the Kittitas County Code. (Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.12.170 Comprehensive plan conformance.
The commission shall determine if the proposed subdivision conforms to the general purposes of the comprehensive plan; and if the public use and interest will apparently be served by the proposal. (Ord. 2005-31, 2005)

V HEARING EXAMINER'S ACTION

16.12.180 Findings and report.
Not later than ten days following conclusion of the open record predecision hearing, the Hearing Examiner shall submit its written report and recommendations to the legislative body. The Hearing Examiner may recommend that the proposed plat be approved, conditionally approved or disapproved. Conditions of approval shall be precisely recited in the Hearing Examiner's report and shall include recommended protective improvements, if any. (Ord. 2010-014, 2010; Ord. 2005-31, 2005)

16.12.190 Records.
Records of the planning commission hearings on preliminary plats shall be kept by the clerk of the board and shall be open to public inspection. (Ord. 2005-31, 2005)

VI BOARD ACTION

16.12.200 Date and records.
Upon receipt of the planning commission's recommendation, the board shall, at its next regularly scheduled public meeting, set the date for the public closed record hearing at which the board shall consider the recommendation. (Ord. 2005-31, 2005)

16.12.210 Acceptance or rejection.
At the closed record hearing scheduled for considering the preliminary plat, the board shall, after reviewing the recommendations of the planning commission, the director, the county engineer, the health officer, including any other relevant evidence presented to it, either concur in or reject the planning commission's recommendations. (Ord. 2005-31, 2005)

16.12.230 Records.
Records of the board's proceedings concerning a preliminary plat shall be kept by the clerk of the board and shall be open to public inspection. (Ord. 2005-31, 2005)

VII PRELIMINARY APPROVAL

16.12.240 Development authorization.
Approval of the preliminary plat shall constitute authorization for the subdivider to develop the subdivision's facilities and proceed with design of improvements in strict accordance with standards established by this title and any conditions imposed by the board. Design approval by the county public works director shall be obtained prior to commencement of construction of subdivision improvements. (Ord. 2005-31, 2005)

16.12.250 Expiration.
A final plat meeting all requirements of this chapter shall be submitted to the board for approval within the timeframe specified by RCW 58.17.140. Failure to do so will result in the preliminary plat being expired and no longer valid. No further action is necessary regarding an application once the preliminary plat has expired pursuant to this chapter. Any applicant who files a written request with the administrator within 30 days before the expiration date, showing that the applicant has attempted in good faith to submit the final plat within the time period and that the associated fees are paid, shall be granted a one-year extension. Such an extension can be requested and granted five times. (Ord. 2010-014, 2010; Ord. 2010-02, 2010; Ord. 2005-31, 2005)

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Chapter 16.16
ROAD CONSTRUCTION STANDARDS AND OTHER REQUIRED IMPROVEMENTS

Sections
16.16.080 Protective improvements for topographically hazardous lands. (Ord. 2005-31, 2005)

16.16.080 Protective improvements for topographically hazardous lands.
Land on which exists any topographical conditions hazardous to the safety or general welfare of persons or property in or near a proposed subdivision shall not be subdivided unless the construction of protective improvements will eliminate the hazards or unless land subject to the hazard is reserved for uses as will not expose persons or property to the hazard. Protective improvements shall be constructed prior to final plat approval. Protective improvements and restrictions on use shall be clearly noted on the final plat. (Ord. 2005-31, 2005)

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Chapter 16.18
IRRIGATION AND SPRINKLING

Sections
16.18.010 Purpose.

I IRRIGATION
16.18.020 Irrigation entity defined.
16.18.030 Parcel creation- Irrigation water delivery system requirements.
16.18.035 Certificate of Irrigation Entity.
16.18.040 Irrigation representative - Selection.
16.18.050 Irrigation representative - Duties generally.

II SPRINKLER SYSTEMS
16.18.060 Purpose.
16.18.070 Definitions.

16.18.010 Purpose.

  1. The purpose of this article is to provide for an orderly system of providing irrigation water to property which is undergoing parcel creation in accordance with KCC Title 16 for such lands as are entitled to irrigation water from irrigation entities, and to require the installation of an irrigation water delivery system.

  2. This ordinance neither grants nor changes water rights. (Ord. 2005-31, 2005)

I IRRIGATION

16.18.020 Irrigation company defined.
The following definition shall apply in this article:

"Irrigation entity" means any one of the following irrigation companies, or the successor in interest thereto: the Kittitas Reclamation District, the Taneum Ditch Company, the Cascade Irrigation District, the Ellensburg Water Company, the West Side Irrigation Company, the Thorp Mill Ditch, the Bull Ditch, the Packwood Ditch, the Fogarty Ditch, the Farrel Ditch, the Tjossem Ditch, the Younger Ditch, the Ellensburg Mill and Feed Ditch and all other organized irrigation districts and/or companies or any privately held individual water right of record. including holders of pre – 1917 ancient water rights. (Ord. 2005-31, 2005)

16.18.030 Parcel creation- Irrigation water delivery system requirements.
Any parcel creation proposed for land served by or crossed by an irrigation entity shall provide a water delivery system together with rights-of-way to each lot created by the parcel creation with an irrigation right. The parcel creation shall also provide for easements or rights-of-way from the water source to the water delivery system. A drawing shall be submitted showing elevations, the location of lots and the location of the proposed water delivery system. Such systems shall not impair the rights or uses of downgradient water owners or users. The downgradient irrigation water users shall be considered and consulted in preparing the design of the proposed water delivery system. The Director shall refer such proposed parcel creation to the irrigation entity or entities which will furnish water to the parcel creation, and the Director shall take into consideration any comments made by the irrigation entity concerning the proposed water delivery system.

The applicant/land owner shall certify whether an apparent or recorded right-of-way or easement is located on the property proposed for parcel creation. If there is an apparent or recorded right-of-way or easement located on the subject property, the applicant/land owner shall provide the County with the name and address of the right-of-way or easement owner. (Ord. 2005-31, 2005)

16.18.035 Certificate of Irrigation Entity.
A certificate of the irrigation entity representative stating that the proposed parcel creation meets the irrigation entity requirements for continued irrigation of the lands within the entities boundaries may be submitted as proof of compliance in substantially the following form:

(copy as follows)
I hereby certify that the irrigation plan for (name of parcel creation) conforms to the requirements of (irrigation entity).

Dated this day of A.D., 20
(irrigation entity) Representative

(Ord. 2005-31, 2005)

16.18.040 Irrigation representative - Selection.
The owners of any platted property hereafter platted who may be entitled to irrigation water from an irrigation entity shall, prior to receiving irrigation water, select a person as an irrigation representative. (Ord. 2005-31, 2005)

16.18.050 Irrigation representative - Duties generally.
The irrigation representative shall be the representative of the plat to the irrigation entity in all matters concerning the delivery of water from the irrigation entity to the platted property including, but not limited to, making arrangements for delivery of water, coordinating water use between lot owners, and generally attending to all matters having to do with the water delivery. (Ord. 2005-31, 2005)

II SPRINKLER SYSTEMS

16.18.060 Purpose.
The purpose of this article is to provide for water conservation and to improve surface and ground water quality by diminishing the amount of surface water interfering with the operation of on site sewage systems and wells on residential property. Platted lots where the size of the lots in any plat is three acres or less shall be irrigated by either a sprinkler irrigation system or drip irrigation system that meets the requirements of the irrigation entity that supplies the water. (Ord. 2005-31, 2005)

16.18.070 Definitions.
The following definitions shall apply in this article:

  1. "Drip irrigation system" means a system for the delivery of water to land by permitting water to fall in drops by the use of pipes which have very small perforations or specially designed outlets to permit a very small amount of water to drip from the pipe.
  2. "Sprinkler irrigation system" means a closed system for delivery of water to the land whereby irrigation is ultimately achieved by the piping of all water through a sprinkling device that has the effect of distributing the water to the land surface in small scattered droplets in a rain-like manner. (Ord. 2005-31, 2005)
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Chapter 16.20
FINAL PLATS

Sections
16.20.010 Requirements.
16.20.020 Final plat general information.
16.20.030 Certificate of title - Computer sheets.
16.20.040 Plat drawing.
16.20.050 Dedications, easements, alleys.
16.20.060 Receipt of final plat.
16.20.070 Submission to board.
16.20.080 Approval or disapproval.

16.20.010 Requirements.
The final plat shall conform substantially to the preliminary plat, as approved by the board of county commissioners, and shall meet the requirements in Sections 16.20.020 through 16.20.050 of this chapter. (Ord. 2005-31, 2005)

16.20.020 Final plat general information.

  1. The final plat shall be drawn on polyester film in a neat and legible manner.
  2. The final plat shall be drawn to such a scale as to make a sheet eighteen inches by twenty-four inches. Should this size sheet unduly congest the drawing, the plat may be submitted on two or more sheets of the above dimensions. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch on the sides. The scale shall be one (1) inch equals two hundred (200) feet, or greater, unless otherwise approved by the director.
  3. All lettering shall be printed with permanent ink.
  4. Each sheet of the final plat shall contain the subdivisions name at the top of the sheet in large letters followed underneath with the section, township, range, county and state. The space for recording the receiving number is in the upper right hand corner, sheet numbers at the bottom of the sheets.
  5. It shall show all courses and distances necessary to re-stake any portion of said plat.
  6. Required monuments shall be shown together with a legend of monuments on the face of each plat sheet. (Ord. 2005-31, 2005)

16.20.030 Certificate of title - Computer sheets.
The following items are to be submitted together with the final plat sheets:

  1. Certificate of Title. A certificate of title of the property proposed to be platted shall be submitted with the plat for examination by the county engineer, said abstract to show fee simple title in the proponents of the plat unencumbered.
  2. Computer Sheets. Computer sheets shall be submitted with the final plat showing the closure of plat boundaries, blocks, lots or any other area with no more error than one foot in five thousand feet, together with the acreage of each lot. (Ord. 2005-31, 2005)

16.20.040 Plat drawing.
The plat drawing shall contain all the following requirements:

  1. Section Data. All section, township, municipal and county lines lying within or adjacent to the subdivision;
  2. Tie Monuments. The location of all monuments or other evidence used as ties to establish the subdivision's boundaries;
  3. Plat Monuments. The location of all permanent control monuments found or established within the subdivision;
  4. Boundaries. The boundary of the subdivision, with complete bearings and lineal dimensions in heavier lines;
  5. Bearing and Distances. The length and bearings of all straight lines, the radii, arcs, and central angles of all curves;
  6. Lot Dimensions. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;
  7. Road Names. The location, width, centerline, and name or names or number of all streets within and adjoining the subdivision;
  8. Easements. The location and width, shown with broken lines, and description of all easements. Easements may be described in the plat restrictions in lieu of being shown on the plat drawings;
  9. Lot Numbers. Numbers assigned to all lots and blocks within the subdivision;
  10. Adjacent Owners. Names of owners of land adjacent to the subdivision, and the names of any adjacent subdivisions;
  11. Surrounding Area. All surrounding property shall be shown in dotted lines and letters with names of plats, roads, adjoining lots, canals, and etc., and if un-platted shall be so indicated;
  12. Vicinity Maps. A vicinity map showing the boundary of the plat in relation to the surrounding area such as adjacent subdivisions, rivers, creeks, roads or highways, canals, etc. Minimum area shown would be the section or sections containing the platted area with a scale of approximately 4" = 1 mile;
  13. Contours. Contour lines are not shown on a final plat as required on the preliminary plat;
  14. Miscellaneous Items. North arrow, scale and legend of monuments to be shown on open area of sheets;
  15. Grid Coordinates. A tie shall be made and shown on the plat if plat is within one mile of any such monument.
  16. Well location. The drawings shall be marked with a "w" indicating location of the well and a broken line showing the one hundred foot radius around such.
  17. Ditches. Location of existing ditches apparent or of record. (Ord. 2005-31, 2005)

16.20.050 Dedications, easements, alleys.
No plat shall be approved unless adequate provision is made in the subdivision for such drainage ways, roads, alleys, easements, and other general purposes as may be required to protect the public health, safety, and welfare.

  1. Dedications - Shown on Plat. All dedications of land shall be clearly and precisely indicated on the face of the plat in the order listed in Sections 16.24.070 through 16.24.140.
  2. Protective Improvements. Protective improvements and easements to maintain such improvements shall be dedicated. (Ord. 2005-31, 2005)

16.20.060 Receipt of final plat.
The director shall be satisfied:

  1. That the final plat meets all standards established by state law and this title relating to final plats;
  2. That the proposed final plat bears the certificates and statements of approval required by their title;
  3. That a certificate of title report furnished by the subdivider confirms the title of the land in the proposed subdivision is vested in the name of the owners whose signatures appear on the plat's certificate;
  4. That the facilities and improvements required to be provided by the subdivider have been completed, or, alternatively, that the subdivider will provide a bond in an amount and with sureties equal to the cost of improvements remaining to be completed securing to the county the construction and installation of the improvements within a fixed time set by the board, or, that the subdivider will provide evidence of financial stability and responsibility (financial statement) prepared by a certified public accountant together with a developer-buyer agreement placing responsibility for said improvements on the subdivider;
  5. That protective covenants or other documents sufficiently inform the buyer as to proposed potable water supply, sewage disposal requirements, building requirements and irrigation water rights (if any part of the subdivision is within an irrigation district). (Ord. 2005-31, 2005)

16.20.070 Submission to board.
The director shall acknowledge receipt of a proposed final plat which meets the requirements of Section 16.20.060 and shall forward the original to the clerk of the board. (Ord. 2005-31, 2005)

16.20.080 Approval or disapproval.

  1. The board, shall, at its next public meeting or any continued meeting, determine:
    1. Whether conditions imposed when the preliminary plat was approved have been met;
    2. Whether the bond, if there be one, by its essential terms assures completion of improvements;
    3. Whether the requirements of state law and this title have been satisfied by the subdivider.
  2. The board shall thereupon approve or disapprove the proposed final plat. If the board approves the plat the clerk shall forward one copy thereof to the county public works director and one print to the county assessor, and shall transmit two polyester originals to the county auditor for filing and submit a minimum of one digital CAD file to the county community development services department. (Ord. 2005-31, 2005)
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Chapter 16.24
SURVEY DATA - DEDICATIONS

Sections
16.24.010 Survey data requirements.
16.24.020 Orientation of the subdivision.
16.24.030 Survey - Permanent control monuments establishment.
16.24.040 Survey - Permanent control monuments setting.
16.24.050 Lot corner marking.
16.24.060 Survey - Property contiguous to natural bodies of water.
16.24.070 Dedications required.
16.24.080 Property description.
16.24.090 Dedications - Required.
16.24.110 Private road dedication.
16.24.120 Sewage disposal, potable water supply, drainage improvements.
16.24.130 Dedications - Exemption, conveyance to corporation.
16.24.140 Corporate membership and responsibilities, conditions.
16.24.150 Certifications required.
16.24.160 Certificate from platter's land surveyor.
16.24.170 Certificate of county public works director.
16.24.180 Certificate of director.
16.24.200 Certificate from Kittitas County treasurer.
16.24.210 Certificate of county health officer.
16.24.215 Assessor's certificate.
16.24.220 Certificate of State Department of Transportation (if adjacent to state highway).
16.24.230 Certificate of city council (if adjacent to city).
16.24.240 Certificate of further restrictions.
16.24.250 Certificate of board of county commissioners.
16.24.260 Filing certificate for county recording.

16.24.010 Survey data requirements.

  1. The survey of every proposed subdivision, and the preparation of preliminary and final plats thereof, shall be made by or under the supervision of a registered land surveyor who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying.
  2. The surveyor shall furnish the county engineer with a full set of survey notes, which notes shall clearly show:
    1. The ties to each permanent monument;
    2. At least three durable, distinctive reference points or monuments;
    3. Sufficient data to determine readily the bearing and length of each line;
    4. The base meridian referred to. (Ord. 2005-31, 2005)

16.24.020 Orientation of the subdivision.
Primary survey control points shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown. (Ord. 2005-31, 2005)

16.24.030 Survey - Permanent control monuments establishment.

  1. Permanent control monuments shall be established at:
    1. All controlling corners on the boundaries of the subdivision;
    2. The intersections of centerlines of roads within the subdivision;
    3. The beginning and ends of curves on road centerlines;
    4. The beginning and ends of road centerlines.
  2. Permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be set in two inch pipe, twenty-four inches long, filled with concrete or shall be constructed of an approved equivalent. (Ord. 2005-31, 2005)

16.24.040 Survey - Permanent control monuments setting.
Permanent control monuments within the roads shall be set after the roads are graded. In the event a final plat is approved before roads are graded, the surety deposited to secure grading shall be sufficient to pay the costs estimated by the county public works director of setting such monuments. (Ord. 2005-31, 2005)

16.24.050 Lot corner marking.
Every lot corner shall be marked by a three-fourths inch galvanized iron pipe or approved equivalent driven into the ground. (Ord. 2005-31, 2005)

16.24.060 Survey - Property contiguous to natural bodies of water.

  1. If any land in a subdivision is contiguous to a natural body of water, a meander line shall be established along the shore at a safe distance back from the ordinary high-water mark. Property lying beyond the meander line shall be defined by distances along the side property lines extended from the meander line.
  2. If the thread of a stream lies within a subdivision or forms the boundary of a subdivision, such thread shall be defined by bearings and distances as it exists at the time of the survey. (Ord. 2005-31, 2005)

16.24.070 Dedications required.
The dedication sheet shall contain a full legal description of land, notarized dedication of legal owners and interested parties of property, signed approvals and statements as required and all as described as follows in Sections 16.24.080 through 16.24.140. (Ord. 2005-31, 2005)

16.24.080 Property description.

  1. The completed plat must show description of property platted which shall be the same as that recorded in previous transfer of said property, or that portion of said transfer covered by the plat.
  2. Should this description be cumbersome and not technically correct, a true and exact description shall be shown upon the plat together with original description. The corrected description shall read as follows: "The intent of above description is to embrace all the following described property": (Description). (Ord. 2005-31, 2005)

16.24.090 Dedications - Required.

  1. There are five types of dedications and acknowledgments. The applicable dedication (below) must be followed verbatim. The following list distinguishes the individual dedications:
    1. Corporations platting proposed private roads;
    2. Corporations platting proposed public roads;
    3. Individuals platting proposed private roads;
    4. Individuals platting proposed public roads;
    5. Proposed private roads on private property; and
    6. Proposed public roads on private property.
  2. Dedications for dedications (2),(4) and (6) above:
    (copy as follows)

    KNOW ALL MEN BY THESE PRESENTS that do hereby declare this plat and dedicate to the public forever all roads and ways hereon with the right to make all necessary slopes for cuts and fills, and the right to continue to drain said roads and ways over and across any lot or lots, where water might take a natural course, in the original reasonable grading of the roads and ways shown hereon. Following original reasonable grading of roads and ways hereon no drainage water on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way, or to hamper proper road drainage. Any enclosing of drainage waters in culverts or drains or rerouting thereof across any lot as may be undertaken by or for the owner of any lot, shall be done by and at the expense of such owner.

    (If a non-profit corporation is selected above add these paragraphs)
    The costs of construction, maintaining and snow removal of all roads, streets, and alleys within this plat and all access roads to this plat shall be the obligation of a nonprofit corporation composed of all the owners of the lots of the plat and of any additional plats that may be served by these roads, streets and alleys.

    In the event that the owners of any of the lots of this plat or any additional plats shall petition the County Commissioners to include the roads in the county road system, it is understood that the roads shall first be built up to minimum county standards by said non-profit corporation.

    IN WITNESS WHEREOF, We have hereunto set our hands and seal this day of      , A.D., 20  .
    (Print name of Corporation)

    (Signature of President)
    President

    (Signature of Secretary)
    Secretary

    (Use this if individual owner(s))
    (Print signer's name under line)

    (As many of the following acknowledgments are to be used as required to acknowledge all signatures.)

    ACKNOWLEDGEMENT
    STATE OF WASHINGTON ) SS
    COUNTY OF KITTITAS )
    THIS IS TO CERTIFY That on this day of A.D., 20, before me, the undersigned, a Notary Public, personally appeared to me known to the person(s) who executed the foregoing dedication and acknowledged to me that signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned.

    WITNESS My hand and official seal the day and year first written.
    Notary Public in and for the State of Wash., residing at

    (Alternate when plattor is a corporation)
    STATE OF WASHINGTON ) SS
    COUNTY OF )
    On this day of A.D., 20, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared and , to me known to be the president and secretary, respective, of the Corporation, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said Corporation.

    WITNESS My hand and official seal the day and year first written.
    Notary Public in and for the State of Washington, residing at

    In addition to owners of platted property signing the dedication, all interested parties (mortgagee, easement grantee, etc.) shall sign and acknowledge before a notary public a dedication of all land shown on the plat to be dedicated for public uses and a waiver by them and their successors of all claims for damages against any governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision.

    (copy as follows)
    DEDICATION:
    KNOW ALL MEN BY THESE PRESENTS That (name of person or persons or corporation having interests) the undersigned (mortgagee, easements grantee or others) of the herein described real "property", does hereby declare, subdivide and plat as herein described, and dedicate to the use of the public forever all roads, streets, avenues, alleys, places, easements or whatever public property shown thereon which shall be maintained by (county road system or private non-profit corporation) and do hereby waive all claims for damages whatsoever against any government agency arising from the construction and maintenance of public facilities and public property within the subdivision so platted.

    IN WITNESS WHEREOF, We have hereunto set our hands and seal this day of      A.D., 20  .
    (Applicable signatures as hereinbefore described)
    ACKNOWLEDGEMENT: (copy as hereinbefore shown verbatim)

(Ord. 2005-31, 2005)

16.24.110 Private street dedication.
(copy as follows)

KNOW ALL MEN BY THESE PRESENTS: That the undersigned, owner(s) in fee simple of the described real property, does hereby declare this plat and description and in lieu of dedication of roads hereby grants forever unto all owners of lots in this plat and all future plats in (name of plat) common ownership of all roads shown as private roads.

(If applicable add these paragraphs)
The costs of construction, maintenance and snow removal of all roads, streets, and alleys within this plat and all access roads to this plat shall be the obligation of a nonprofit corporation composed of all the owners of the lots of the plat and of any additional plats that may be served by these roads, streets and alleys.

In the event that the owners of any of the lots of this plat or any additional plats shall petition the County Commissioners to include the roads in the County Road System, it is understood that the roads shall first be built up to minimum county standards by said non-profit corporation.

WITNESS my (our) hand(s) and seal(s) this day of      A.D., 20  .
(Applicable signatures as hereinbefore described)
ACKNOWLEDGEMENT: (copy as hereinbefore shown verbatim)

(Ord. 2005-31, 2005)

16.24.120 Sewage disposal, Potable water supply, Drainage improvements.
A statement regarding the contemplated sewage disposal, potable water supply, and drainage improvements for the proposed subdivision. Be aware that if more than 5,000 gallons per development is withdrawn, a water right must be obtained through the Department of Ecology. No discharges from drainage improvements to irrigation entity facilities can be authorized without a permit from the entity. (Ord. 2005-31, 2005)

16.24.130 Dedications - Exemption, conveyance to corporation.
If the board concludes that the public interest will be served thereby, the board may, in lieu of requiring the dedication of land in a subdivision for protective improvements, drainage ways, roads, alleys, recreational, community or other general purposes, allow the said land to be conveyed to a homeowner's association or similar non-profit corporation. (Ord. 2005-31, 2005)

16.24.140 Corporate membership and responsibilities, conditions.
A subdivider who wishes to make a conveyance as permitted by Section 16.24.130, shall, at or prior to the time of filing a final plat for approval, supply the board with copies of the grantee organization's articles of incorporation and bylaws with evidence of the conveyance or a binding commitment to convey. The articles of incorporation shall be appurtenant to ownership to land in the subdivision; that the corporation is empowered to assess the said land for costs of construction and maintenance of the improvements and property owned by the corporation; and that such assessments shall be a lien upon the land. The board may impose such other conditions as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained. (Ord. 2005-31, 2005)

16.24.150 Certifications required.
The certification in Sections 16.24.160 through 16.24.260 shall appear on the dedication sheet unless not applicable. (Ord. 2005-31, 2005)

16.24.160 Certificate from platter's land surveyor.
A certificate of the registered land surveyor who made, or under whose supervision was made, the survey of the subdivision in substantially the following language:

(copy as follows)

I hereby certify that the plat of is based on actual survey and subdivision of Section , Township Range W.M.; that the distances and courses and angles are shown thereon correctly; that the monuments have been set and lot and block corners staked on the ground.

Dated this day of      , A.D., 20  .
(seal)
Licensed Land Surveyor

(Ord. 2005-31, 2005)

16.24.170 Certificate of county public works director.
No plat shall be approved by the board of county commissioners until the county public works director shall have affixed his or her signature thereto and forwarded same to the board of county commissioners with a letter stating that requirements will be met, or suitable deposit made or bond filed to cover estimated cost of work, prior to the issuance of the first building permit.

(copy as follows)
EXAMINED
AND APPROVED This day of      , A.D., 20  .
(seal)
Kittitas County Engineer

(Ord. 2005-31, 2005)

16.24.180 Certificate of county planning director.
A statement of the director that the subdivision conforms to the comprehensive plan.

(copy as follows)
I hereby certify that the plat of has been examined by me and find that it conforms to the comprehensive plan of the Kittitas County Planning Commission.

Dated this day of      , A.D., 20  .
Kittitas County Community Development Services Director

(Ord. 2005-31, 2005)

16.24.200 Certificate from Kittitas County treasurer.
Certified statement from the county treasurer showing taxes are paid for preceding year; also taxes for the year in which the plat is filed, the latter being in an amount equal to last year's taxes, plus twenty-five percent.

(copy as follows)
I hereby certify that the taxes and assessments are paid for the preceding years and are current as of the date of my signature below.

Dated this day of      , A.D., 20  .
Kittitas County Treasurer

(Ord. 2005-31, 2005)

16.24.210 Certificate of county health officer.
A statement as to the suitability of soils for proposed on site sewage systems and public water supplies installed in the subdivision signed by the health officer.

(copy as follows)
Preliminary inspection indicated soil conditions may allow the use of on site sewage systems as a temporary means of sewage disposal for some but not necessarily all building sites within this short plat. Prospective purchasers are urged to make inquiries at the County Health Department about issuance of on site sewage disposal permits for lots. Well information consisting of a well log, satisfactory bacteriological test and a four hour draw down has been submitted and reviewed.

Dated this day of      , A.D., 20  .
Kittitas County Health Officer

(Ord. 2005-31, 2005)

16.24.215 Assessor's certificate.
Certified statement from the county assessor that no conditions exist which would encumber or obstruct the proposed subdivision.

(copy as follows)
I hereby certify that the plat of has been examined by me and I find the property to be in an acceptable condition for platting.

Dated this day of      , A.D., 20  .
Kittitas County Assessor

(Ord. 2005-31, 2005)

16.24.220 Certificate of State Department of Transportation (if adjacent to state highway).
In the event that the property described in such plat or any part thereof shall be adjacent to a state highway, the district administrator of the Department of Transportation shall approve such plat before the approval of the board of county commissioners. The following form of certificate shall be filled out on said plat and signed by the district administrator.

EXAMINED AND APPROVED This day of      , A.D., 20  .
Washington State Department of Transportation
Administrator, District No. 5

(Ord. 2005-31, 2005)

16.24.230 Certificate of city council (if adjacent to city).
In the event that the property described in such plat, or any part thereof, shall be adjacent to the corporate limits of any city or town, the council of such city or town shall approve such plat before its approval by the board of county commissioners. The following form of certificate shall be filled out on said plat and signed by the mayor of such city or town.

EXAMINED AND APPROVED This day of      , A.D., 20   , pursuant to Ordinance No.   , of the (city/town) of      , Washington, passed,        20   , and approved by the Mayor thereof      , 20  .
COUNCIL OF city/town, Washington
By
Mayor

(Ord. 2005-31, 2005)

16.24.240 Certificate of further restrictions.
In the event that there are further restrictions or covenants which are to be made a part of the plat, the following certificate shall be filled out on said plat and signed by the platters and the county auditor.

(copy as follows)
KNOW ALL MEN BY THESE PRESENTS: That this plat of Kittitas County, Washington is subject to additional restrictions entitled, which are filed with the Kittitas County Auditor and which are hereby made a part of this plat. This is to certify that the above mentioned restrictions have been filed this day of      , 20  , at   minutes past   o'clock   M., in Volume of Deeds   , Page   , Records of Kittitas County, Washington.
Kittitas County Auditor

(Ord. 2005-31, 2005)

16.24.250 Certificate of board of county commissioners.
(copy as follows)

EXAMINED AND APPROVED This day of      , A.D., 20  .

Board of County Commissioners
Kittitas County, Washington
By
Chairman
ATTEST:
Clerk of the Board

(Ord. 2005-31, 2005)

16.24.260 Filing certificate for county recording.
(copy as follows)

Filed for record at the request of the Kittitas County Board of Commissioners, this day of      , A.D., 20  , at    minutes past    o'clock   M., and recorded in Volume of Plats   , on page   , Records of Kittitas County, Washington.
Kittitas County Auditor
Receiving No.
By
Deputy County Auditor

NOTE: "Receiving No." to be shown in the upper right hand corner on each page of the plat (if more than one page). (Ord. 2005-31, 2005)

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Chapter 16.28
DEVELOPMENT OF ILLEGALLY DIVIDED LAND

Sections
16.28.010 Application approval.
16.28.020 Innocent purchaser for value.

16.28.010 Application approval.
No application for a building permit, septic tank permit or other development permit for any lot, tract or parcel of land divided in violation of state law or this title shall be granted without prior approval of the board. Such approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the board that:

  1. The county sanitarian has certified that the proposed means of sewage disposal and water supply on and to the lot, tract, or parcel are adequate;
  2. The county engineer has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress, and with adequate drainage facilities, none of which interfere with or impair existing or planned public highway and drainage facilities in the vicinity;
  3. The planning commission has certified that the proposed development conforms to the comprehensive plan and all zoning regulations;
  4. The proposed development will not adversely affect the safety, health or welfare of adjacent property owners, or interfere with their enjoyment of their property. (Ord. 2005-31, 2005)

16.28.020 Innocent purchaser for value.
An application for a building permit, on site sewage permit or other development permit for any lot, tract or parcel of land divided in violation of state law or this title shall not be granted without prior approval of the board, which approval shall only be given following a public meeting at which the applicant shall demonstrate to the satisfaction of the board that:

  1. The applicant purchased the lot, tract, or parcel for value;
  2. The applicant did not know, and could not have known by the exercise of care which a reasonable purchaser would have used in purchasing the land, that the lot, tract or parcel had been part of a larger lot, tract, or parcel divided in violation of state law or this title. (Ord. 2005-31, 2005)
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Chapter 16.32
SHORT PLAT REQUIREMENTS

Sections
16.32.010 Drawings - General information requirements.
16.32.020 Short plat design standards.
16.32.030 Required improvements, road standards and irrigation easements.
16.32.050 Short plat review.
16.32.070 Board review - Appeals.
16.32.080 Final approval - Filing.
16.32.090 Expiration.
16.32.100 Alterations.

16.32.010 Drawings - General information requirements.

  1. All short plats shall contain information set forth in Sections 16.20.010 through 16.20.050.
  2. Short plats shall be prepared according to standard formats which are to be available in the Kittitas County community development services department. (Ord. 2005-31, 2005)

16.32.020 Short plat design standards.
Design standards for short plats are the same as those provided for in Chapter 16.12. (Ord. 2005-31, 2005)

16.32.030 Required improvements, road standards and irrigation easements.
Road standards and irrigation easement standards for short plats shall be the same as those outlined in Chapter 16.18 and Title 12 of this code. Exceptions to minimum road standards shall be made only by the board of county commissioners. Other improvements (drainage, etc.) may be established during short plat review by the director who shall base such determination on the written recommendation of those officials responsible for such matters. (Ord. 2005-31, 2005)

16.32.050 Short plat review.
The planning official shall be vested with the responsibility of processing short plat applications. The county shall review and consider the proposed short subdivision with regard to:

  1. Its conformance with all county subdivision, zoning, health and sanitation, roads and bridges, and fire and life safety regulations and with laws adopted by the state of
    Washington.
  2. Its conformance to all standards and improvements required under this title.
  3. Potential hazards created by flood potential, landslides, etc.
  4. Provisions for all improvements and easements (roads, ditches, etc.) required by this title.
  5. Access for all proposed lots or parcels by way of a dedicated road right-of-way or easement.
  6. All other relevant facts which may determine whether the public interest will be served by approval of the proposed subdivision.
  7. Lots or parcels created by the final platting of a subdivision or short subdivision may not be further divided within a five-year period without filing of a final plat; except as provided for in RCW 58.17.060 (Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.32.070 Board review - Appeals.
Any person(s) aggrieved by any decision of the director may request a review of that decision by the board of county commissioners. Such request must be made pursuant to Title 15A of this code, Project permit application process. (Ord. 2005-31, 2005)

16.32.080 Final approval - Filing.

  1. If improvements are required, final approval and filing may be withheld until:

    1. Roads within the subdivision are constructed to meet minimum platting requirements.

    2. All required irrigation delivery systems are completed.

    3. There is compliance with the recommendations of the Kittitas County health department regarding improvements or additional information.

    4. It has been determined as evidenced by letters from affected agency and department heads that satisfactory conditions exist for the subdivision of the subject property. Where any department or agency has failed to respond to a proposed short plat within two (2) weeks, it shall be assumed no recommendation is intended.

    5. A certificate signed by all persons having any interest in the property is filed with the short plat indicating the subdivision is their free act and deed.

  2. If all improvements and plat requirements are fulfilled, the director shall affix his (her) name to the face of the original plat document and present it to the county auditor for official filing. (Ord. 2005-31, 2005)

16.32.090 Expiration.
A final short plat meeting all requirements of this chapter shall be submitted and approved within the timeframe specified by RCW 58.17.140. Failure to do so will result in the short plat being expired and no longer valid. No further action is necessary regarding an application once the short plat has expired pursuant to this chapter. Any applicant who files a written request with the administrator within 30 days before the expiration date, showing that the applicant has attempted in good faith to submit the final short plat within the time period and that the associated fees are paid, shall be granted a one-year extension. Such an extension can be requested and granted five times. (Ord. 2010-014, 2010)

16.32.100 Alterations.
Once a short plat has been recorded with the county auditor it can be altered in a manner not involving a re-subdivision into no more than four lots from the original short plat. When a proposed alteration or vacation involves a public dedication, the alteration or vacation shall he processed in accordance with RCW Chapter 58.17. If the proposed alteration or vacation does not involve a public dedication, the short plat alteration shall be processed in accordance with the following provisions:

  1. The short plat alteration shall be processed administratively. A new survey shall not he required except for new lines created by the amended short plat.
  2. Revisions that result in any substantial changes shall be treated as a new application for purposes of vesting.
  3. The short plat alteration shall show all of the land shown on the original short plat and shall bear the acknowledged signatures of all parties having ownership interest in the affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a current title certificate.
  4. The short plat alteration shall not increase the number of lots, tracts, parcels, sites or divisions into more than four from the original short plat for a period of five years from the date of recording of the original short plat, unless a final plat has been approved and filed for record pursuant to the regular plat provisions of this title.
  5. Minor errors not involving a change in lines may be corrected by the surveyor upon approval of the administrator by recording an affidavit with the county auditor specifically referencing the short plat by number and the correction. (Ord. 2011-013, 2011)
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Chapter 16.36
LARGE LOT SUBDIVISION

Sections
16.36.010 Large lot subdivision review.
16.36.015 Criteria for eligibility as a large lot subdivision.
16.36.040 Survey requirements.
16.36.050 Plat review and approval process.

16.36.010 Large lot subdivision review.
The Director shall be vested with the responsibility of processing Large Lot Subdivision applications. The director shall review and consider the proposed subdivision as follows:

  1. All large lot subdivisions shall contain information set forth in Sections 16.12.010 through 16.12.030 except that the required scale may be negotiated. (Ord. 2005-31, 2005)

16.36.015 Criteria for eligibility as a large lot subdivision.

  1. All large lot subdivisions shall conform to the county comprehensive plan and all zoning regulations in effect at the time the large lot subdivision is submitted.
  2. Consistent with parcel creation by long and short subdivision provisions of this code, preliminary approval of large lot subdivisions shall mean that road and access requirements are identified and conformance with section 16.04 of this code has been met.
  3. Proof that all lots or tracts created by large lot subdivision are approved for irrigation delivery by the appropriate irrigation entity or entities shall be provided.
  4. Requirements for easements as set forth in Section 16.12.110 shall be met.
  5. The appropriate dedication as provided for in 16.24.090 and 16.24.110, A dedication shall appear on the face of the large lot subdivision survey with the following statement:

    KNOWN ALL MEN BY THESE PRESENT: that the undersigned, owner(s) in fee simple of the described real property, does hereby grant forever unto all owners of lots in this survey and all future plats in this survey a common ownership interest in all private roads shown.
  6. A note shall appear on the subdivision survey with the following statement:

    "NOTE: The lots in this survey are created through the large lot subdivision review process. As such there has been review for conformance with suitability for on-site sewage disposal and availability of potable water."
  7. All large lot subdivisions shall contain information set forth in Sections 16.12.010 through 16.12.030. (Ord. 2005-31, 2005)

16.36.040 Survey requirements.
(Reserved). (Ord. 2005-31, 2005)

16.36.050 Plat review and approval process.
(Reserved). (Ord. 2005-31, 2005)

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Chapter 16.40
PENALTIES

Sections
16.40.010 Penalty a misdemeanor.

16.40.010 Penalty a misdemeanor.
Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this title, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this act or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. (Ord. 2005-31, 2005)

Disclaimer: This web site is provided for informational purposes only. Although every effort has been made to provide accuracy, all information and resources shown are not official. Neither Kittitas County nor any of its agencies, officials or employees guarantees the accuracy of any information on this web site. Reliance upon the information contained on or accessed through this web site is entirely at your own risk. Kittitas County reserves the right to make changes without notice. The official hard copy is available in the Commissioners' office.

  

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