Table of Contents

Title 1		General Provisions
Title 2		Administration and Personnel
Title 3		Revenue and Finance
Title 4		Fee Schedules
Title 5		Business Licenses and Regulations
Title 6		Animals
Title 7		Reserved
Title 8		Health, Welfare, and Sanitation
Title 9		Public Peace, Safety, and Morals
Title 10		Vehicles and Traffic
Title 11		Reserved
Title 12		Roads and Bridges
Title 13		Water and Sewers
Title 14		Buildings and Construction
Title 15		Environmental Policy
Title 15A		Project Permit Application Process
Title 15B		Amendments to County Plans, Codes, and Standards
Title 16		Subdivisions
Title 17		Zoning
Title 17A		Critical Areas
Title 17B		Shorelines
Title 18		Code Enforcement
Title 19		Airports
Title 20		Fire and Life Safety
Tables Ordinances and Resolutions Zoning Ordinances Codified Rezone Ordinances



Title 1 | General Provision*

Chapters
1.04 Code Adoption
1.08 Commissioners Districts - Voting Precincts
1.10 Rules of Procedure for Proceedings Before the Kittitas County Hearing Examiner
1.12 Employment of Prisoners
1.16 General Penalty
1.20 Right of Entry
1.24 Private Property Taking Impact Analyses
1.26 Private Property Owners' Bill of Rights
1.28 Coordinating Government Regulation of Land and Natural Resource Use

* For the statutory provisions regarding classification of counties, see RCW 36.13.

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Chapter 1.04
CODE ADOPTION

Sections
1.04.010 Adoption.
1.04.020 Title - Citation - Reference.
1.04.030 Definitions.
1.04.040 Grammatical interpretation.
1.04.050 Prohibited acts include causing, permitting, etc.
1.04.060 Construction.
1.04.070 Provisions codified.
1.04.080 Reference applies to all amendments.
1.04.090 Title, chapter and section headings.
1.04.100 Reference to specific ordinances.
1.04.110 Effect of code on past actions and obligations.
1.04.120 Effective date.
1.04.130 Constitutionality.

1.04.010 Adoption.
There is adopted the "Kittitas County Code," which consists of all of the ordinances as past codified by Book Publishing Company, Seattle, Washington, and all other uncodified ordinances adopted by the Kittitas County board of county commissioners after the last codification published by Book Publishing Company, Seattle, Washington. (Ord. 87-7, 1987: Ord. 71-16 § 1, 1971).

1.04.020 Title - Citation - Reference.
This code shall be known as the "Kittitas County Code" and it may be referred to as the "Kittitas County Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. Prosecutions for violations of Kittitas County ordinances and/or resolutions and actions based thereon refer to the "Kittitas County Code" sections as well as the underlying ordinance and/or resolution upon which the prosecution or action is based. Amendments to any ordinances or resolutions or portions thereof of Kittitas County shall also refer to the "Kittitas County Code" sections under which such ordinances or resolutions are codified. (Ord. 71-16 § 2, 1971).

1.04.030 Definitions.
The following words and phrases whenever used in the ordinances or resolutions of the county shall be construed as defined in this section unless from the context a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

County

The county of Kittitas, Washington or the area within the territorial limits of the county and such territory outside of the county over which the county has jurisdiction or control by virtue of any constitutional or statutory provision;

Board

The Board of County Commissioners of Kittitas County, Washington;

All its members (or "all commissioners")

The total number of commissioners provided by the general laws of the state of Washington;

Law

Applicable federal law, the constitution and statutes of the state of Washington, the ordinances and resolutions of the county and when appropriate, any and all rules and regulations which may be promulgated thereunder;

Oath

Includes affirmation;

Office

The use of the title of any officer, employee, or any office, or ordinance or resolution shall mean such officer, employee, office, or ordinance or resolution of Kittitas County, Washington unless otherwise specifically designated;

Resolution

A law of the county; provided that a temporary or special law, administrative action, order or directive, may be in the form of a resolution;

Person

Natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, 1.04.040 - 1.04.110 1-3 agent, servant, officer or employee of any of them;

State

The state of Washington;

Street

Includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this county which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state except that this definition shall not include any streets, alleys, or roads which are within the boundaries of any incorporated city or town of this county unless specifically included therein;

May

Is permissive;

Must and Shall

Each is mandatory;

Written

Includes printed, typewritten, mimeographed or multigraphed.

(Ord. 71- 11 § 1, 1971).

1.04.040 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances and resolutions of Kittitas County, Washington:

1. Gender. Any gender includes the other genders;
2. Singular and plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
4. Use of words and phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 71-11 § 2, 1971).

1.04.050 Prohibited acts include causing, permitting, etc.
Whenever in this code any act or omission is made unlawful it shall include causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. (Ord. 71-11 § 3, 1971).

1.04.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect its objects and to promote justice. (Ord. 71-11 § 4, 1971).

1.04.070 Provisions codified.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of Kittitas County, Washington. (Ord. 71-16 § 3, 1971).

1.04.080 Reference applies to all amendments.
Whenever a reference is made to this code as the "Kittitas County Code" or to any portion thereof, or to any ordinance of the county the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 71-16 § 5, 1971).

1.04.090 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 71-16 § 5, 1971).

1.04.100 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 71-16 § 6, 1971).

1.04.110 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments hereby or any ordinance or part or portion of any ordinance of the county shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, on the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 71-16 § 7, 1971).

1.04.120 Effective date.
This code shall become effective on the date the ordinance adopting this code as the "Kittitas County Code" becomes effective. (Ord. 71-16 § 8, 1971).

1.04.130 Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 71-16 § 9, 1971).

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Chapter 1.08
COMMISSIONERS DISTRICTS - VOTING PRECINCTS*

Sections
1.08.010 Commissioner districts designated.
1.08.020 Voting precincts.

* For the statutory provisions regarding the division of the county into three commissioner's districts by the board of county commissioners, see RCW 36.32.020; for provisions generally regulating the fixing of precincts, see RCW 29A.16.050.

1.08.010 Commissioner districts designated.
The three commissioner districts shall be defined as follows:

Commissioner District No. 1: Beginning at the intersection of W. Bender Rd and Rasmussen Rd, being the SW 1/4 of the NW 1/4 of Sec. 26, T18N, R18E, WM, thence north along section lines to the south border of Sec. 34, T20N, R18E, thence east to the SE corner of said section, thence north along section 34, following section lines north to the County boundary, thence following the county boundary east, south, west, north and then west again to the SW corner of Sec. 36, T16N, R18E, WM, thence north along the section line to where it meets Sec. 36, T17N, R18E, thence east along the south border of said section to the SE corner, thence north along the section line to where it meets the Yakima River, thence following the Yakima River north to where it meets Umptanum Rd, thence east along Umptanum Rd, to Canyon Rd, thence north on Canyon Rd to the extension of S. Pearl St, thence north on the extension of S. Pearl St to E. Mountain View Ave, thence east on E. Mountain View Ave to S. Maple St, thence north on S. Maple St to E. Capital Ave, thence east on E. Capitol Ave to S. Alder St, thence north on S. Alder St to E. 4th Ave, thence east on E. 4th Ave to Angford Dr, thence following city limits in a northerly fashion to the John Wayne Trail/Palouse to Cascades Trail, thence east to N. Pfenning Rd, thence north along N. Pfenning Rd to city limits just north of E. Gala Way, thence west following city limits to Brick Rd, following Brick Rd to the extension of E. 18th Ave, thence west along E. 18th Ave to N. Chestnut St, thence north on N. Chestnut St to E. Juniper Ave, thence along E. Juniper Ave east to N. Yew St, thence north on N. Yew St. to E. White Birch Ave, thence west on E. White Birch Ave to N. Chestnut St, thence north on N. Chestnut St. to E. Helena Ave, thence east on E. Helena Ave to the SE 1/4 of the SW 1/4 of Section 25, T18N, R18E, thence north along said 1/4 section line to E. Sanders Rd, thence west on E. Sanders Rd/Bender Rd to the intersection of W. Bender Rd and Rasmussen Rd, being the point of beginning.

Commissioner District No. 2: Beginning at the intersection of W. Bender Rd and Rasmussen Rd, being the SW 1/4 of the NW 1/4 of Sec. 26, T18N, R18E, WM, thence north along section lines to the south border of Sec. 34, T20N, R18E, thence east to the SE corner of said section, thence north along section 34, following section lines north to the County boundary, thence following the county boundary between Chelan, to King, and Yakima Counties to the SE corner of Sec. 36, T16N, R18E, thence north along section lines to where it meets the Yakima River at the NE corner of Sec. 36, T17N, R18E, thence north along the Yakima River to Umptanum Rd, continuing to follow the Yakima River and then the Ellensburg City limits north to the intersection of US 97 and Old Highway 10, thence south along Old Highway Ten to where it meets with Currier Creek and Ellensburg city limits, thence north along Currier Creek to where it crosses W. Dry Creek, continuing to follow Currier Creek to where it meets the Palouse to Cascades Trail, thence following the trail south to where it meets city limits at Reecer Creek Rd, north on Reecer Creek to W. Bender Rd, thence east along W. Bender Rd to Rasmussen Rd, being the point of beginning.

Commissioner District No. 3: Beginning at W. Bender Rd and Rasmussen Rd, thence east along W. Bender Rd, continuing on E. Sanders Rd to city limits at the NE 1/4 of the SW 1/4 of Sec. 25, T18N, R18E, thence south along said line to E. Helena Ave, thence west on E. Helena Ave to N. Chestnut St, thence south on N. Chestnuts St to E. White Birch Ave, thence east on E. White Birch Ave to N. Yew St, thence south on N. Yew St to E. Juniper Ave, thence west on E. Juniper Ave to N. Chestnut St, thence south on N. Chestnut St to E. 18th Ave, thence east on E. 18th Ave to N. Alder St, continuing east to Ellensburg city limits at Brick Rd, thence south and east following city limits to N. Pfenning Rd, thence south on N. Pfenning Rd to Vantage Hwy, thence west following city limits to Palouse to Cascades Trail fka the John Wayne Trail, thence south following Ellensburg City limits to Angford Dr, thence west along Angford Dr becoming E. 4th Ave, thence west on E. 4th Ave to No. Alder St, thence south on N. Alder St to E. Capitol Ave, thence west on E. Capitol Ave to S. Maple St, thence south on S. Maple St to E. Mountain View Ave, thence west on E. Mountain View Ave to S. Pearl St, thence south on the extension of S. Pearl St to where it the extension meets Canyon Rd, thence south along Canyon Rd to Umptanum Rd, thence west along W. Umptanum Rd to where it meets the Yakima River, being the west end of Ellensburg City limits, thence following city limits in a northwesterly manner to where the city limits and US 97 meet, thence east to Old Hwy 10, thence following city limits south to where where it meets with Currier Creek and Ellensburg city limits, thence north along Currier Creek to where it crosses W. Dry Creek, continuing to follow Currier Creek to where it meets the Palouse to Cascades Trail, thence following the trail south to where it meets city limits at Reecer Creek Rd, north on Reecer Creek to W. Bender Rd, thence east along W. Bender Rd to Rasmussen Rd, being the point of beginning.

(Ord. 2022-002, 2022;)

1.08.020 Voting precincts.
The Kittitas County Auditor is authorized to adjust voting precinct boundaries as required to bring the precincts into compliance with Chapter 29A.16 RCW. Voting precinct boundary descriptions shall be on file in the Auditor’s Office, and available for public inspection. The voting precinct boundaries shall also be viewable as a map on the Kittitas County website. Temporary precinct adjustments shall be referred to the Board of County Commissioners for approval by resolution within one year of date of adjustment. (Ord. 2022-002, 2022; Ord. 2005-21, 2005; Vol. M, p. 213, 1960).

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Chapter 1.10
RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE KITTITAS COUNTY HEARING EXAMINER

Sections:
1.10.010 Application of These Rules.
1.10.011 Definitions.
1.10.012 Nature of Proceedings.
1.10.013 Rights and Responsibilities of the Parties.
1.10.014 Presiding Official.
1.10.015 Presence of Legal Counsel.
1.10.016 Prehearing Conferences.
1.10.017 Oath or Affirmation.
1.10.018 Content of the Record.
1.10.019 Development of the Record at the Public Hearing.
1.10.020 Continuances of Hearings.
1.10.021 Evidence.
1.10.022 Withdrawal of Application or Petition.
1.10.023 Decisions.
1.10.024 Procedure for Reconsideration and Reopening Hearing.

1.10.010 Application of These Rules.
These rules apply to all official activities and acts that the hearing examiner has authority to conduct as prescribed by law. (Ord. 2008-19, 2008)

1.10.011 Definitions.
Appellant means a person, organization, association or similar group who files a complete and timely appeal of a decision that provides for an appeal.

Applicant means a person who is the owner of the subject property or the authorized agent of the owner of the subject property and who has filed a complete application for a land use or development permit.

Comprehensive Plan means any map, plan, or policy statement pertaining to the development of land use, streets and roads, or public utilities and facilities, for all or any portion of unincorporated Kittitas County which has been officially adopted by the Board of Kittitas County Commissioners.

County means Kittitas County, Washington.

County Commissioners means the Board of Kittitas County Commissioners.

Department means the Kittitas County Community Development Services.

Ex Parte Communication means written or oral communication with the hearing examiner about a pending matter that is not included in the public record and made outside of a public hearing.

Hearing means the proceeding at which testimony and exhibits are presented to the hearing examiner.

Hearing Examiner means the Kittitas County hearing examiner or hearing examiner pro tempore.

Interested Person means any individual, partnership, corporation, association, or public or private organization that may be affected by the proceedings before the hearing examiner and shall include any party in a contested case.

Motion means a written request made to the hearing examiner for an order or other ruling.

Open Record Hearing means a hearing that creates the record through testimony and the submission of evidence. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application or interpretation being appealed.

Party of Record means:

• A person who testifies at a hearing
• The applicant
• Anyone who submits written testimony specific to a matter pending before the hearing examiner
• Kittitas County

 (Ord. 2008-19, 2008)

1.10.012 Nature of Proceedings.
Expeditious Proceedings
It is the policy of Kittitas County that, to the extent practicable and consistent with the requirements of law, public hearings shall be conducted expeditiously. In the conduct of such proceedings, the hearing examiner, county staff and all parties and their agents shall make every effort at each stage of a proceeding to avoid delay.

Hearing Schedule
Regular hearings are scheduled for the second and fourth Thursday of each month at 6 pm, unless a lack of business justifies canceling a regular meeting. The hearing examiner may, from time to time, schedule special meetings outside of the regular meeting schedule in order to accommodate special circumstances, hardships, or to more efficiently process large volumes of applications. The hearing examiner shall have sole discretion to set the special meeting calendar.

Hearing Format
The format for public hearings will be of an informal nature designed in such a way that facts relevant to a particular proceeding will be available to the hearing examiner and easily ascertainable to a reviewing body on appeal. The format will allow and facilitate development of a record.

Site Visits
When necessary, the hearing examiner may inspect a project site prior or subsequent to the hearing. The site visit is not part of the record. Failure to conduct a site visit will not render the hearing examiner decision void. The hearing examiner shall have sole discretion to determine if a site visit is warranted or necessary.

Record of Hearing

1. Hearings shall be electronically recorded and such recordings shall be a part of the official case record. Copies of the electronic recordings or transcripts thereof, shall be made available to the public upon request. The party making the request shall pay the reasonable cost of such copying or transcribing. No written minutes of the hearing will be produced.
2. Copies of any written materials and other exhibits in the record may be obtained by any interested person who shall be responsible for paying the cost of reproducing such material.

 (Ord. 2008-19, 2008)

1.10.013 Rights and Responsibilities of the Parties.

1. Rights of the County
   The county staff shall have the right to prepare and present evidence and testimony, object, cross examination, make motions, offer arguments and recommendations and all other rights essential to a fair hearing.
2. Rights of the Applicant
   Every applicant or appellant shall have the right of notice, cross-examination, presentation of evidence, objection, motion, argument, and all other rights essential to a fair hearing. The applicant shall also have the right to timely access to the county staff report.

The hearing examiner may impose limitations on the number of witnesses and the length and nature of their testimony. Cross-examination is permitted by the county and applicant as necessary for a full disclosure of the facts, but the hearing examiner shall control the amount and style of cross-examination.

3. Rights of Parties of Record
   Every party of record shall have the right to present evidence and testimony at hearings. The right of parties of record to cross-examine, object, submit motions and arguments shall be at the discretion of the hearing examiner. The hearing examiner may impose limitations on the number of witnesses heard and the nature and length of their testimony.
4. Responsibilities of County Staff
   The county staff shall provide a staff report to the hearing examiner, applicant, and have them available for public inspection at least ten (10) days prior to the hearing, provide public notice of hearings; present materials at hearings, provide the hearing examiner with the documents relevant to each case, and provide revised plans if received within fifteen (15) days of the hearing.
5. Responsibilities of Applicant
   Whenever possible, prior to the hearing the applicant shall provide the hearing examiner with material that supports the application and be prepared to answer questions by the hearing examiner.
6. Responsibilities of Parties of Record and all Others
   Parties, witnesses and observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so will result in removal from the hearing.

 (Ord. 2008-19, 2008)

1.10.014 Presiding Official.

1. Hearings will be presided over by the hearing examiner.
2. The hearing examiner shall not be subject to removal or disqualification from presiding over and rendering a decision in any matter before him/her by means of an "Affidavit of Prejudice" or similar legal mechanism. Disqualification of the hearing examiner shall be controlled by the Appearance of Fairness Doctrine and RCW 42.36 et seq.
3. The hearing examiner shall have all of the authority and duties as granted in state statutes, the Kittitas County Code and other county rules and resolutions. Included in these duties are the following: to conduct fair and impartial hearings; to take all necessary action to avoid delay in the disposition of cases; and, to maintain order. The hearing examiner shall have all powers necessary to that end, including but not limited to the following:
   1. To administer oaths and affirmations;
   2. To issue subpoenas;
   3. To rule upon offers of proof and receive evidence;
   4. To regulate the course of hearings and the conduct of the parties and their agents;
   5. To question any party presenting testimony at the hearing;
   6. To hold conferences for settlement, simplification of the issues, or any other proper purpose;
   7. To require briefs on legal issues;
   8. To consider and rule upon all procedural and other motions appropriate to the proceedings; and,
   9. To make and file decisions.
4.  In the performance of adjudicative functions, the hearing examiner shall not be subject to the supervision or direction of any elected official, officer, employee or agent of Kittitas County.

(Ord. 2008-19, 2008)

1.10.015 Presence of Legal Counsel.

1. Although representation by legal council is not required, all parties participating in the hearings may be represented by legal council of their choice.
2. The hearing examiner shall have the authority to seek legal memorandum of legal issues raised at hearing from the County Prosecutor's Office.
3. All forms of legal authority including briefs and other legal memoranda upon which a party of record will be relying or presenting at the hearing must be submitted to the hearing examiner at least one (1) week in advance of the scheduled hearing date. The above mentioned documents shall be available to the public in advance of the scheduled hearing date.

(Ord. 2008-19, 2008)

1.10.016 Prehearing Conferences.

1. The hearing examiner may hold a conference prior to the hearing to structure the scope of the hearing. The hearing examiner may use the conference for:
   1. Identification, clarification and simplification of the issues;
   2.  Disclosure of witnesses to be called and exhibits to be presented;
   3. Arguments of motions based on law;
   4. Other matters deemed by the hearing examiner to be appropriate for the orderly and expeditious disposition of the proceedings.
2. Prehearing conferences may be held by telephone conference call.
3. The hearing examiner shall give reasonable notice to the parties of any prehearing conference. Notice may be written or oral.
4. All parties shall be represented at any prehearing conference unless they waive the right to be present or represented.
5. Following the prehearing conference, the hearing examiner may issue an order reciting the actions taken or ruling on motions made at the conference.
6. At the hearing, the hearing examiner shall develop for the record the time, purpose and result of the hearing conference.

(Ord. 2008-19, 2008)

1.10.017 Oath or Affirmation.
All testimony before the hearing examiner shall be given under oath or affirmation to tell the truth. The hearing examiner shall administer the oath or affirmation. (Ord. 2008-19, 2008)

1.10.018 Content of the Record.
The record of hearing conducted by the hearing examiner shall include, but not be limited to, the following materials:

1. The application or petition;
2. The department staff reports;
3. All evidence received which shall include oral testimony given at the hearing, all exhibits and other materials admitted as evidence;
4. A statement of all matters officially noticed;
5. A decision containing the findings of fact and conclusions of law upon which the decision was based;
6. Tape recordings made on electronic equipment; and
7. An environmental determination made pursuant to the State Environmental Policy Act of 1971 (SEPA), as amended (if applicable).

(Ord. 2008-19, 2008)

1.10.019 Development of the Record at the Public Hearing.
A public hearing will usually include, but not be limited to the following elements: a brief introductory statement by the hearing examiner on the hearing procedures that will be followed; a report by the planning staff that shall include an introduction of the official file, reference to any visual aids, and a summary of the recommendations of the department; testimony by the applicant or petitioner and cross-examination of these witnesses; testimony in support; testimony of opposing parties; opportunity for cross-examination and rebuttal; and opportunity for questions by the hearing examiner. (Ord. 2008-19, 2008)

1.10.020 Continuances of Hearings.

1. Hearing Examiner
   If the hearing examiner determines that more information is necessary in order to make a decision, or the hearing examiner is unable to hear all the public comments or study exhibits, the hearing may be continued to a date and time certain. If continued to a specific time and place, no further notice of that continued hearing need be given.
2. At the Request of a Party
   Any party of record may request continuance of a hearing. The request, if made prior to the hearing, must be in writing and state reasonable grounds for a continuance. If the request is made orally at the hearing, it must be based on reasonable grounds. The hearing examiner shall have sole discretion to grant or deny the request for continuance.

(Ord. 2008-19, 2008)

1.10.021 Evidence.

1. Burden of Proof
   The applicant or appellant shall have the burden of proof to show compliance with applicable laws and regulations of Washington State and Kittitas County.
2.  Admissibility
   The hearing generally will not be conducted according to strict legal rules relating to evidence and procedure. Any relevant evidence shall be admitted if it is the type that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The rules of privilege shall be effective to the extent recognized by law. The hearing examiner shall have discretion on the admissibility of all evidence.
3. Copies
   Documentary evidence may be received in the form of copies of excerpts if the original document is not readily available. Upon request, parties shall be given the opportunity to compare the copy to the original. It is advisable to provide an extra copy of all documents to the hearing examiner as a working copy.
4. Judicial Notice
   The hearing examiner may take judicial notice of judicially cognizable facts and in addition may take notice of general, technical or scientific facts within his or her specialized knowledge. The hearing examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding.
5. Late Filing of Documents
   The hearing examiner may request a document to be filed after the close of public testimony. Only those documents referred to at the public hearing may be submitted and only when specifically requested by the hearing examiner.
6. Additional Evidence
   Additional evidence may be submitted upon a Request for Reconsideration based on new evidence not available at the time of the public hearing. If additional evidence is submitted with a Request for Reconsideration, it will be considered only upon a showing of significant relevance to the case and good cause for the delay in its submission. All parties of record will be given notice, either in writing or orally, of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. The hearing examiner shall have sole discretion in the admissibility of additional evidence.
7. Record of Evidence
   All parties will be allowed the opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof.

(Ord. 2008-19, 2008)

1.10.022 Withdrawal of Application or Petition.

1. Withdrawal Prior to Service of Notice
   If a withdrawal request is made in writing to the department before the official notice of the public hearing is given, the withdrawal shall be automatically allowed.
2. Withdrawal Requested After Service of Notice
   If a withdrawal request is made after official notice of the public hearing is given, the hearing examiner has full and sole discretion in allowing or disallowing the request.

(Ord. 2008-19, 2008)

1.10.023 Decisions.

1. Written Decisions
   The hearing examiner shall issue written decisions supported by findings of fact and conclusions of law on all matters brought before the examiner for adjudication. Such written decisions will be issued within ten (10) working days of the close of the public hearing unless, an extension of time is agreed to by the applicant, and copies will be delivered to all parties of record. The decision will also contain the procedure available to file an appeal to the hearing examiner's decision.
2. Content of Decision
   The decision shall include a statement of:
   1. The nature and background of the proceeding.
   2. The findings of fact shall be based exclusively on the evidence presented at the hearing and those matters officially noticed. The findings of fact shall consist of a concise statement of each fact found upon each contested issue of fact. The findings of fact shall provide citations to the record to support each factual finding.
   3. Whenever practicable, the conclusions shall be referenced to specific provisions of the law and regulations or both, together with reasons and precedents relied upon to support the same. The conclusions shall make reference to the effect of the decision with reference to carrying out and conforming to the comprehensive plan and the county's development regulations.
   4. The appropriate ruling, order or relief. The decision shall be based upon a consideration of the whole record and be supported by reliable, probative and substantial evidence. All decisions may include conditions of approval.

(Ord. 2008-19, 2008)

1.10.024 Procedure for Reconsideration and Reopening Hearing.

1.  Reopening the Hearing
   If within five (5) days after the public hearing any party of record petitions the hearing examiner for a reopening of the hearing, the hearing examiner shall have discretion to reopen the hearing to consider new testimony or new evidence that was unavailable at the time of the hearing. All parties of record who participated at the hearing shall be given notice, either written or oral, of the consideration of such additional evidence and be granted an opportunity to review such evidence and file rebuttal arguments.
2.  Reconsideration
   1. Any party of record may file a written request for reconsideration with the department. The request must be filed within ten (10) days of the decision. The request shall specifically set forth alleged errors of fact, law or procedure as set forth in the hearing examiner's written decision. The request may also include direction to a specific issue that was inadvertently omitted from the hearing examiner's decision.
   2. The hearing examiner shall act within five (5) working days after the date of filing of the request for reconsideration by either denying or approving the request.
   3.  If the hearing examiner approves the request for reconsideration, the original decision shall be corrected or amended, or, the hearing examiner can set the matter for a continued public hearing to correct the record or any deficiencies of the original decision. If a continued hearing is required, the notice of said hearing shall be mailed to all parties of record not less than five (5) days before the hearing.

(Ord. 2008-19, 2008)

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Chapter 1.12
EMPLOYMENT OF PRISONERS*

Sections:
1.12.010 Work release program.

* For the statutory provisions authorizing the working of prisoners, see RCW 9.92.140; for provisions relating to the work-release program for prisoners in county jails, see RCW 36.63.260.

1.12.010 Work release program.
The board of Kittitas County commissioners having taken into consideration the employment conditions within the county and further having taken into consideration the jail facilities of the county and all other factors and considering themselves fully advised in the premises, do hereby declare that the work-release program as provided in RCW 36.63.260 shall be operative within the county. (Res. 1970-6, Vol. O, pp. 179, 180, 1970).

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Chapter 1.16
GENERAL PENALTY^*

(Reserved)

* For statutory provisions authorizing the board of county commissioners to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and authorizing the board of county commissioners to declare any violation of such resolutions or ordinances to be a misdemeanor, see RCW 36.32.120(7). For statutory provisions declaring "every crime punishable by a fine of not more than two hundred and fifty dollars, or by imprisonment in a county jail for not more than ninety days," a misdemeanor, see RCW 9.01.020. 1.24.020 - 1.24.030 1-16 (Revised 8/96)

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Chapter 1.20
RIGHT OF ENTRY

(Reserved)

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Chapter 1.24
PRIVATE PROPERTY TAKING IMPACT ANALYSES

Sections:
1.24.010 Definitions.
1.24.020 Requirements.
1.24.030 Guidance.
1.24.040 Public availability of analysis.

1.24.010 Definitions.
For the purposes of this chapter the following definitions apply.

Agency

A department, agency, independent agency, or instrumentality of the United States or Washington State, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States or Washington State government.

Just compensation

Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the taking until the date payment is tendered.

Owner

The owner or possessor of property or rights in property at the time the taking occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended.

Private property (or "property")

All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes:

1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property;
2. The right to use water or the right to receive water, including any recorded lines on such water right;
3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
4. Property rights provided by, or memorialized in, a contract;
5. Any interest defined as property under state law; or
6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.

Taking of private property ("taking," or "take")

Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by government in an applicable court or an action filed by government relating to criminal forfeiture.

(Ord. 96-9 (part), 1996).

1.24.020 Requirements.

1. To the fullest extent possible, the policies, regulations, and public laws of Kittitas County shall be interpreted and administered in accordance with the policies under this chapter and all departments of county government shall complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related department action which is likely to result in a taking of private property. The provisions of this subsection shall not apply to an action in which the power of eminent domain is formally exercised or a law enforcement action, including seizure of property for forfeiture or as evidence, for a violation of law.
2. A private property taking impact analysis shall be a written statement that includes:
   1. The specific purpose of the policy, regulation, proposal, recommendation, or related agency action;
   2. An assessment of the likelihood that a taking of private property will occur under such policy, regulation, proposal, recommendation, or related department action;
   3. An evaluation of whether such policy, regulation, proposal, recommendation, or related department action is likely to require compensation to private property owners;
   4. Alternatives to the policy, regulation, proposal, recommendation, or related agency action that would achieve the intended purposes of the agency action and lessen the likelihood that a taking of private property will occur;
   5. An estimate of the potential liability of county government if the county is required to compensate a private property owner; and
   6. If the policy, regulation, proposal, recommendation, or related department action is in response to a state or federal mandate, the name of the state or federal agency responsible for the policy, regulation, proposal, recommendation, or related action shall be stated.
3. Each department shall provide an analysis as part of any submission otherwise required to be made to the board of county commissioners in conjunction with a proposed policy, regulation, proposal, recommendation, or related action.
4. No final rule shall be promulgated if enforcement of the rule could reasonably be construed to require an uncompensated taking of private property as defined by this chapter. (Ord. 96-9 (part), 1996).

1.24.030 Guidance.
The prosecuting attorney's office shall provide legal guidance in a timely manner, in response to a request by a county department, to assist the department in complying with this chapter. (Ord. 96-9 (part), 1996).

1.24.040 Public availability of analysis.
An agency shall make each private property taking impact analysis available to the public, and, to the greatest extent practicable, transmit a copy of such analysis to the owner or any other person with a property right or interest in the affected property. (Ord. 96-9 (part), 1996).

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Chapter 1.26
PRIVATE PROPERTY OWNERS' BILL OF RIGHTS

Sections:
1.26.010 Established.
1.26.020 Definitions.
1.26.030 Bill of rights.
1.26.040 Nuisance exception to payment of just compensation.
1.26.050 Transfer of property interest.

1.26.010 Established.
The board of county commissioners, after due deliberation and in the interest of conformity with the laws of this state, the Washington State Constitution and the United States Constitution, hereby establishes the private property owner administrative bill of rights set forth in this chapter. (Ord. 96-12 (part), 1996).

1.26.020 Definitions.
For the purposes of this chapter the following definitions apply:

Agency

A department, agency, independent agency, or instrumentality of the United States or Washington State, including any military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the United States or Washington State government.

Just compensation

Compensation equal to the full extent of a property owner's loss, including the fair market value of the private property taken and business losses arising from a taking, whether the taking is by physical occupation or through regulation, exaction, or other means and shall include compounded interest calculated from the date of the taking until the date payment is tendered.

Owner

The owner or possessor of property or rights in property at the time the taking occurs, including when the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated or the permit, license, authorization, or governmental permission is denied or suspended.

Private property (or "property")

All property protected under the Fifth Amendment to the Constitution of the United States and the Third and Sixteenth Section of the Declaration of Rights of the Washington State Constitution, any applicable federal or state law, or this chapter, and includes:

1. Real property, whether vested or unvested, including estates in fee, life estates, estates for years, or otherwise; inchoate interests in real property such as remainders and future interests; personality that is affixed to or appurtenant to real property; easements; leaseholds; recorded liens; and contracts or other security interests in, or related to, real property;
2. The right to use water or the right to receive water, including any recorded liens on such water right;
3. Rents, issues, and profits of land, including minerals, timber, fodder, crops, oil and gas, coal, or geothermal energy;
4. Property rights provided by, or memorialized in, a contract;
5. Any interest defined as property under state law; or
6. Any interest understood to be property based on custom, usage, common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.

Taking of private property ("taking" or "take")

Any action whereby private property is directly taken as to require compensation under the Fifth Amendment to the United States Constitution and the Third and Sixteenth Sections of the Declaration of Rights of the Washington State Constitution or under this chapter, including by physical invasion, regulation, exaction, condition, or other means and shall not include a condemnation action filed by the United States or Washington State in an applicable court or an action filed by the United States or Washington State relating to criminal forfeiture.

(Ord. 96-12 (part), 1996).

1.26.030 Bill of rights.

1. In implementing and enforcing county regulations, each department shall comply with the applicable state and federal government laws, including laws relating to private property rights and privacy, and shall administer and implement the county regulations in a manner that has the least impact on private property owners' constitutional and other rights.
2. Each county department shall develop and implement procedures for ensuring that the constitutional and other legal rights of private property owners are protected when the department makes, or participates with other departments or agencies in the making of, any final decision that restricts the use of private property.
3. County employees may enter private property to collect information only when they have statutory authority or have written permission from the property owner. The county assessor's office, health department, building and fire safety and sheriff's office have statutory authority for normal conduct of their business. Any raw data collected from the property shall be made available at no cost, if requested by the private property owner. A county employee is not prohibited entry onto property for the purpose of obtaining consent or providing notice required by this chapter.
4. A county employee may not use data that is collected on privately owned property to implement or enforce county regulations, unless the county department has provided to the private property owner access to the information, a description of the manner in which the information was collected, and an opportunity to dispute the accuracy of the information and, if the private property owner disputes the accuracy of the information, the county department head has determined that the information is accurate.
5. A private property owner or their authorized representatives is entitled to an administrative appeal of the following actions that occur under county regulations:
   1. A determination that a particular parcel of property is critical habitat of a listed species.
   2. The finding of jeopardy in any consultation on a county department action affecting a particular parcel of property.
   3. Any incidental take statement, and any reasonable and prudent measures included therein, issued in any consultation affecting a particular parcel of property.
   4. The imposition of an administrative penalty.
   5. The imposition of an order prohibiting or substantially limiting the use of the property.
        Rules issued under this subsection shall provide that any administrative appeal of an action shall be heard and decided by the board of county commissioners applying normal policies and procedures adopted by the board of county commissioners for appeals.
        An owner of private property may receive compensation, if appropriate, subject to the provisions of this chapter.
6. A private property owner that, as a consequence of a final qualified county department action, is deprived of fair market value of property as determined by a qualified appraisal expert is entitled to receive compensation in accordance with the standards set forth in this chapter.
        No later than ninety days after receipt of a final decision of a county department action that deprives a private property owner of fair market value or viable use of property for which compensation is required under this chapter, the private property owner may submit in writing a request to the department head for compensation in accordance with this chapter.
        No later than one hundred eighty days after receipt of a request for compensation, the county department shall provide to the private property owner, where appropriate under the standards of this chapter, an offer to purchase the affected property of the private property owner at a fair market value, and an offer to compensate the private property owner for the difference between the fair market value of the property without those restrictions and the fair market value of the property with those restrictions.
        No later than sixty days after the date of receipt of the county department's offers the private property owner shall accept one of the offers or reject both offers. If the private property owner rejects both offers, the private property owner may agree to binding arbitration and submit the matter to an arbitrator appointed by the department head from a list of arbitrators submitted to the county department by the American Arbitration Association. The arbitration shall be conducted in accordance with the real estate arbitration rules of the association. For purposes of this section an arbitration is binding on:
   1. The county department and a private property owner as to the amount, if any, of compensation owed to the private property owner; and
   2. Whether the private property owner has been deprived of fair market value or viable use of property for which compensation is required.
        If the private property owner does not wish to accept either county offer or to be bound by arbitration he is free to pursue his cause with the courts.
        A county department shall pay a private property owner any compensation required under the terms of an offer of the department head that is accepted by the private property owner, or under a decision of an arbitrator, out of currently available appropriations supporting the activities giving rise to the claim for compensation under this section not later than sixty days after the date of the acceptance or the date of the issuance of the decision, respectively. If insufficient funds are available to the department in the fiscal year in which the award becomes final, the agency shall either pay the award from appropriations available in the next fiscal year or promptly seek additional appropriations for such purpose.

(Ord. 96-12 (part), 1996).

1.26.040 Nuisance exception to payment of just compensation.
No compensation shall be required by this chapter if the owner's use or proposed use of the property is a nuisance as commonly understood and defined by background principles of nuisance and property law, as understood within Washington State and bar an award of damages under this chapter, the county shall have the burden of proof to establish that the use or proposed use of the property is a nuisance. (Ord. 96-12 (part), 1996).

1.26.050 Transfer of property interest.
The county shall take title to the property interest for which the county pays a claim under this chapter. (Ord. 96-12 (part), 1996).

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Chapter 1.28
COORDINATING GOVERNMENT REGULATION OF LAND AND NATURAL RESOURCES USE

Sections:
Article I. Preliminary Provisions
1.28.010 Purpose.
1.28.020 Coordination with existing county law.
1.28.030 Effectiveness, validity under federal and state law.
1.28.040 Definitions.

Article II. General Guidance
1.28.050 General guidance.

Article III. Specific Guidance
1.28.060 Agriculture and livestock production.
1.28.070 Forest products.
1.28.080 Cultural resources, recreation, wildlife, and wilderness.
1.28.085 Species listing procedures.
1.28.090 Land acquisition and disposition.
1.28.100 Water resources.
1.28.110 Clean air.
1.28.120 Mining and minerals.
1.28.130 Private property rights.

Article IV. Monitoring and Enforcement
1.28.140
1.28.150 Coordinating committee and subcommittees.
1.28.160 Research and data collection.
1.28.170 Enforcement.

Article I. Preliminary Provisions

1.28.010 Purpose.
The purpose of this chapter is to provide the legal basis and a logical process for determining how federal and state agencies may coordinate and consult with Kittitas County in any actions that may affect land and natural resources and their uses, in order that the citizens of Kittitas County may preserve their customs, cultures, and economic stability and continue to protect the environment and utilize the existing base of natural resources beneficially. This chapter addresses federal and state agency regulations of land and natural resources use directly and is intended to be used as a positive instrument to guide federal and state agencies and county government in the cooperative development and implementation of regulations affecting land and natural resources use in Kittitas County. (Ord. 96-17 (part), 1996).

1.28.020 Coordination with existing county law.

1. The provisions of this chapter shall be in addition to and coordinated with the Kittitas County comprehensive plan.
2. This chapter shall provide a general framework as well as specific guidance and shall work in conjunction with other county ordinances, resolutions, policies, and plans. If this chapter conflicts with any other ordinance, resolution, policy or plan, as currently existing, the board of county commissioners shall take all practical measures to resolve such conflicts and harmonize the intent of each such ordinance, resolution, policy or plan with this chapter. In the event that such resolution cannot be accomplished, then the provisions of this chapter shall supersede the provisions of those other instruments. (Ord. 96-17 (part), 1996).

1.28.030 Effectiveness, validity under federal and state law.

1. This chapter shall be effective upon adoption by the Kittitas County board of county commissioners.
2. The validity of this chapter is based upon the rights of citizens granted by the Constitution of the United States and the state of Washington, the duty of the county to protect and uphold such rights; and existing federal and state laws which required that federal and state agencies consult and coordinate with local governments in actions affecting the use of land and natural resources. If any such provision of this chapter shall be found invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby, but shall remain in full force and effect and, to that extent alone, the provisions of this chapter shall be severable. (Ord. 96-17 (part), 1996).

1.28.040 Definitions.
For the purpose of this chapter, and in any regulations or agreements promulgated hereafter, the following words shall be defined as follows:

Action

When used with respect to any governmental entity's directive or guideline governed by this chapter, shall have the broadest possible meaning in the context of any exercise of authority and shall include, without limitation, any proposal, policy, regulation, rule, consideration, finding, study, gathering, or review of data that may lead to any substantive rule, regulation, administrative action or determination.

County

The board of county commissioners and the departments under their auspices and control.

Government entity

Any federal agency, state agency, or other governing entity with legal jurisdiction to exercise its authority in Kittitas County, and shall also include any department, agency or commissioner or individual exercising any authority derived from that entity.

Private property

All property protected by the Fifth and Fourteenth Amendments to the United States Constitution, Article I, Section 16 of the Constitution of the state of Washington.

Beneficial use

Any use or any lawful restriction of use which directly benefits the citizens of Kittitas County in material, monetary, aesthetic, cultural, or any other ways in which the livelihood and general well being of Kittitas County is actively enhanced or maintained.

(Ord. 96-17 (part), 1996).

Article II. General Guidance

1.28.050 General guidance.
To the fullest extent required or permitted by law, all government entities in all actions considered, proposed, or taken that affect or have the potential of affecting the environment, the use of land, or the use of any natural resources within Kittitas County shall:

1. Make a determination of the effects such actions have on:
   1. Community stability in general;
   2. Preservation of local custom, cultures;
   3. Conservation and beneficial use of all other natural resources;
   4. Possible adverse effects on the environment as a result of any action or actions proposed or taken.
2. Coordinate procedures mandated by this chapter with Kittitas County on an equal basis prior to and during any federal or state action.
3. In conjunction with Kittitas County or its appointed representatives, establish through a memorandum of understanding or other agreement the process for such coordination, including joint planning, joint environmental research and data collection, joint hearings, and joint environmental assessments.
4. Reconcile the proposed action with Kittitas County laws, policies and plans, including the comprehensive plan and, after such consideration, take all practical measures to resolve any conflicts.
5. Take all appropriate mitigative measures adopted with the concurrence of Kittitas County to adequately address the adverse impacts on the customs, cultures, or economic stability or protection or use of the environment.
6. Not violate, through regulatory or other means, any private property rights of the citizens of Kittitas County.
7. Consult publicly or privately with all citizens who may be affected by the proposed regulation. (Ord. 96-17 (part), 1996).

Article III. Specific Guidance

1.28.060 Agriculture and livestock production.
The customs and culture associated with agricultural and livestock production in Kittitas County are significant to the economic stability, livelihood, and overall well being of all its citizens. Kittitas County's duty to encourage beneficial use of natural resources, as well as the responsibility to protect the environment, is critical to the success of agriculture and livestock production. The purpose of this section is to provide clear guidance to governmental entities when actions taken by those entities affect agriculture and livestock production.

1. The use of lands for grazing and crop production, improvements on production methods, and the introduction of new technology and products is recognized, protected and encouraged by Kittitas County. No action, proposal, or agreement with any other entity shall impair these rights and uses in any manner whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.070 Forest products.
The customs and cultures associated with forest production in Kittitas County are significant and have provided economic stability, livelihood, and well being to its citizens.

1. The right to grow, harvest, and process timber and other forest products is recognized and protected by Kittitas County and no action, proposal, or agreement with any other entity shall impair these rights and uses in any manner whatsoever without addressing their potential impacts as outlined in Article II of this chapter.
2. The protection of, as well as the right to the continued beneficial use of, the forest lands in Kittitas County is essential to the livelihood and well being of its citizens and shall not be unlawfully diminished by Kittitas County. (Ord. 96-17 (part), 1996).

1.28.080 Cultural resources, recreation, wildlife, and wilderness.
The benefits derived from the cultural resources, recreation, availability of wildlife, and wilderness in Kittitas County are significant to the livelihood and well being of its citizens. It is the continuing policy of Kittitas County to:

1. Assure for its citizens a safe, healthful, and productive surrounding;
2. Preserve important historic, cultural, and natural aspects of Kittitas County heritage;
3. Strive to maintain a physical environment which supports the diversity of use and a variety of individual choices. (Ord. 96-17 (part), 1996).

1.28.085 Species listing procedures.
In connection with any action associated with any plant or animal species which may impair Kittitas County's ability to satisfy the provisions of Section 1.28.080(1) through (3) of this chapter, any governmental entity shall, at the earliest possible time, give actual notice to Kittitas County of the intent to consider or propose any species for listing, or to change or propose habitat of special protection. (Ord. 96-17 (part), 1996).

1.28.090 Land acquisition and disposition.
Diversity of land use and protection of the environment is a significant aspect of the customs, cultures, and economic diversity of Kittitas County. In addition, private land ownership provides much of the tax base for vital public functions such as the statewide funding of public schools and the administration of county government. When land (including any interest in land) is acquired or held in trust by governmental entities, it may be removed from this tax base and the citizens of Kittitas County, as well as the state, may suffer as a result. It is the policy of Kittitas County that the design and development of all governmental entities' land acquisition, including by forfeiture, donation, purchase, eminent domain or trust, and disposals, including adjustments and exchanges, be carried out to the benefit of the citizens of Kittitas County.

1. Before any governmental entities pursue any regulation, disposition, adjustment or exchange of land within Kittitas County, the county shall be notified of, consulted with, and otherwise involved in all governmental entities' regulations, dispositions, adjustments or exchanges. Kittitas County shall consult with, and receive the testimony of, all citizens owning or having lawful control of any of the land or resources affected.
2. Land or resources owned or held in trust for the people of the United States of America or of the state of Washington shall be managed within Kittitas County in a manner to avoid impairing any property right of any owner of land in Kittitas County.
3. Any diminution of the lawful right of use of any land in Kittitas County by any agency will be accompanied by a petition of relief originating from the Kittitas County assessor's office, addressed to both the Department of Revenue, state of Washington, and the Kittitas County board of equalization, requesting a proportional decrease in evaluation of the taxation status of that piece of property. (Ord. 96-17 (part), 1996).

1.28.100 Water resources.
Beneficial utilization and management of waters of the state are guided by certain general principles including, but not limited to, domestic use, stock watering, industrial uses, commercial uses, agricultural irrigation, hydroelectric power production, mining, fish and wildlife maintenance, recreational uses, thermal power production, preservation of environmental and aesthetic values. Any and all other uses compatible with the enjoyment of the public waters of the state are deemed to be beneficial.

1. Water use and the rights associated with lawful uses are a property right and are recognized and protected by Kittitas County and no action, proposal, or agreement with any other entity shall be allowed to affect any water right or water usage in any way whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.110 Clean air.
Kittitas County recognizes that the right to the beneficial use and protection of atmospheric resources is significant to the preservation of the customs, cultures, and economic stability of Kittitas County.

1. Prior to taking any action affecting air quality or usage within Kittitas County, all governmental entities shall:
   1. Notify Kittitas County of the proposed action;
   2. Provide a detailed statement assessing the specific effects on the customs, cultures, economy, and environment of Kittitas County;
   3. Consider all alternatives to the taking of such action;
   4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Kittitas County;
   5. Any governmental entities' actions that has or could have the effect of changing the existing use of air resources within Kittitas County shall be critically considered in relationship to the historic and current use of air resources in the county by humans, vegetation, livestock, and wildlife. Any proposed designation of federal or state pollution non-attainment areas and any other federal or state action that has any effect on the air resources within Kittitas County shall be coordinated with the county and shall comply with all county air quality standards and use plans.
2. It is the intent of Kittitas County to assist governmental entities in the planning and management of the county's natural, cultural, economic, and environmental resources related to air quality. Kittitas County shall have the authority to establish development regulations regarding air pollution and to develop air quality protection plans, of its own design. To the extent such authority is exercised, federal and state agencies shall accept and enforce such regulations to the extent permitted by law. In addition, the county shall have the authority to continue to develop, in coordination with private industry, civic, trade and citizens' organizations and governmental agencies, air quality management plans that encourage the beneficial use and preservation of clean air resources throughout Kittitas County. To the extent such authority is exercised and otherwise permitted by law, federal and state agencies shall be subject to and shall comply with all administrative requirements, controls, processes, and sanctions of such regulations and plans. (Ord. 96-17 (part), 1996).

1.28.120 Mining and minerals.
The safe extraction and subsequent processing of minerals, sand, gravel, and petroleum are already heavily regulated on the federal and state level. There is a significant difference between the actual active extraction of mineral wealth and the right to do so. Kittitas County recognizes that the beneficial use of mineral resources is significant to the preservation of the customs, cultures and economic stability of its citizens.

All minerals, including sand, gravel, and petroleum, are a property right recognized and protected by Kittitas County and the ownership, discovery, extraction, processing and beneficial use shall be encouraged and no action, proposal or agreement with any other entity shall affect those rights and uses in any way whatsoever without addressing potential impacts as outlined in Article II of this chapter. (Ord. 96-17 (part), 1996).

1.28.130 Private property rights.
Kittitas County recognizes that the protection of private property rights is essential to the preservation of the customs, cultures, and economic stability of its citizens and protection and use of their environment. Governmental entities shall fully comply with all current case law, statutes, regulations, rules, and guidelines concerning the protection of private property rights in Kittitas County including, without limitation, United States Executive Order 12630 "Government Actions and Interference with Constitutionally Protected Property Rights" dated March 16, 1988. Kittitas County shall also refer to the Attorney General of the state of Washington's periodic assessment of takings law to refrain from unconstitutional takings by its own or their agencies.

1. All private property and the private property rights of the citizens of the United States of America residing in Kittitas County shall be protected by Kittitas County under the Fifth and Fourteenth Amendments to the United States Constitution and Article 1, Section 16 of the Washington State Constitution, any applicable United States Executive Orders, all other appropriate instruments of law and the subsequent interpretations thereof. Kittitas County shall protect private property and the private property rights of her citizens through the legislative process and through implementation of this chapter.
2. The violation of the private property rights of any citizen of the United States of America residing in Kittitas County by any federal or state agency shall be deemed to be a violation of this chapter. Any judgment of any liability as described in Section 1.28.170(b) shall be the responsibility of the federal or state agency as well as the federal or state official, employee, or other person directly responsible for making the decisions implementing the action which results in such violation.
3. The protection afforded under subsection (1) of this section shall not include the right in the individual citizen to have the county maintain an independent legal action on their individual behalf. Kittitas County is not authorized to assist the private individual in this fashion. The county may only act in such capacity under the limited parameters as established in Section 1.28.170(a). It is the intent of this chapter to provide additional guidance to government, and to provide a remedy for those aggrieved by federal, state and local action not in compliance with this chapter. (Ord. 96-17 (part), 1996).

Article IV. Monitoring and Enforcement

1.28.140 General authorization.
Kittitas County shall have the authority to develop and maintain monitoring and compliance standards to evaluate and enforce federal and state agency compliance with the provisions and products derived of this chapter, the comprehensive plan, and any other ordinances, resolutions, policies, and plans enacted by Kittitas County. The county may, by a resolution of the board of county commissioners, exempt any action or area of action by a governmental entity from this chapter. (Ord. 96-17 (part), 1996).

1.28.150 Coordinating committee and subcommittees.
A basis premise of this chapter is that the participatory involvement of citizens who may be affected by a governmental action is crucial to the preservation of their customs, cultures, civil rights, economic stability, and beneficial use of their environment. This is particularly true with respect to the cooperative intergovernmental coordination of the regulation of land and natural resources use.

1. In order to involve citizens in the monitoring and enforcement of this chapter, there shall hereby be established the Kittitas County coordinating committee for governmental actions affecting land and natural resource use (the "coordinating committee"), and any subcommittees created. The basic function of the coordinating committee and subcommittees shall be to monitor federal and state actions and advise the county commissioners regarding compliance by such agencies with this chapter. The coordinating committee and the subcommittees shall be advisory only and shall in no way bind the county commissioners, who shall have final authority regarding interpretation and enforcement of this chapter.
2. The board of county commissioners shall appoint, on the first Monday of each year or as soon thereafter as practical, the co-chair and the members of each subcommittee. Members of the coordinating committee and each subcommittee must be over the age of eighteen and be appointed by the board of county commissioners (two members from each district and one at-large member), with terms of appointment as follows: Initially, one-third of the members shall be appointed for one-, two-, and three-year terms respectively. Thereafter, terms shall be for a period of three years, staggered so that the terms of one-third of the members expire each year. The county commissioners may remove any person from a chair, co-chair, or membership position for cause and may fill vacancies as needed from time to time.
3. In furtherance of this chapter, the coordinating committee may create subcommittees to address specific needs. The board of county commissioners may, by resolution, expand the number of coordinating committee members as needed.
   1. At the initial meeting, the coordinating committee shall adopt operational procedures for itself and the subcommittees that may be created which, along with any later amendments thereto, shall be subject to the approval of the board of county commissioners. To the extent required by law, the coordinating committee and the subcommittees shall be subject to the Open Public Meetings Act (RCW 42.30) and the Public Disclosure Act (RCW 42.17).
4. When determining which citizens shall be appointed, the county commissioners shall consider the purpose of this chapter and the functions that each subcommittee and the coordinating committee shall perform. While no specific criteria must be met, appointments should collectively reflect an expertise and involvement in the primary subject matter, and the broad diversity of the many aspects of the cultures, customs, economy, and environment of Kittitas County. (Ord. 96-17 (part), 1996).

1.28.160 Research and data collection.
In furtherance of the purposes of this chapter, it is the intent of the county to develop and maintain a research database of information regarding the customs, cultures, economy, and environment of Kittitas County. (Ord. 96-17 (part), 1996).

1.28.170 Enforcement.

1. The county commissioners shall have the authority to request the prosecuting attorney to bring an action to enforce this chapter in any court or administrative tribunal of competent jurisdiction and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief and monetary compensation when the county tax base or the general welfare or health and safety of the citizens of the county are at issue.
2. Nothing in this chapter shall be construed to limit any remedy that any person may have under the laws of the state of Washington, or of the United States of America. Every person who, under color of any law, statute, ordinance, regulation, custom, or usage of the United States of America or of the state of Washington, subjects any person within Kittitas County to the deprivation of any property or civil rights secured by this chapter shall be liable to the person injured in an action at law, suit in equity or other proper proceedings for redress.
3. Every person who, under color of law, statute, ordinance, regulation, or customs willfully subjects any person within Kittitas County to the deprivation of any civil or property rights secured or protected by this chapter shall be punished by a fine of not more than one thousand dollars per violation. (Ord. 96-17 (part), 1996).

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Title 3 | Revenue and Finance

Chapters
3.02 Budget Transfers
3.04 Sales or Use Tax
3.05 Distressed County Sales or Use Tax
3.06 Criminal Justice and Public Safety Sales and Use Tax
3.07 Sales and Use Tax for Affordable and Supportive Housing
3.08 Real Estate Sales Tax
3.09 Real Estate Sales Excise Tax
3.12 Repealed
3.14 Timber Harvesters Excise Tax
3.16 Leasehold Excise Tax
3.20 Transient Occupancy Tax
3.22 Admissions Tax
3.24 Cumulative Reserve Funds
3.28 Travel Expense Revolving Fund
3.32 Victim/Witness Fund
3.36 Repealed
3.40 Property Tax Refunds
3.44 Repealed
3.45 Enhanced E911 Excise Tax
3.46 Current Use Open Space Land Program and Public Benefit Rating System

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Chapter 3.02
BUDGET TRANSFERS

Sections:
3.02.010 Policy.

3.02.010 Policy.

1. Budget transfers shall not be required within the budgetary classes having bars numbers 20, 30, 40, 50 or 60. Nothing in this policy shall affect the requirement for action by the board in transfers between said categories.
2. Action by the board shall be required for transfers relating to salaries and benefits. (Ord. 99-04, 1999; Res. 81-8, 1981).

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Chapter 3.04
SALES OR USE TAX*

Sections
3.04.010 Imposition.
3.04.020 Rate.
3.04.030 Administration and collection.
3.04.040 Consent to inspection of records.
3.04.050 Credit for tax imposed by any city.
3.04.060 Detention and jail sales/use tax.
3.04.070 Criminal justice sales/use tax.
3.04.080 Retail Car Rental sales/use tax.
3.04.090 Mental Health sales/use tax.

* For the statutory provisions regarding the imposition of a one-half percent maximum sales or use tax by counties and cities, see Chapter 82.14 RCW.
Prior ordinance history: Ord. 3-70.
A referendum petition with insufficient number of signatures caused the effective date of Ord. 85-1 to be changed to January 1, 1986, from October 1, 1985.

3.04.010 Imposition.
There is hereby imposed a sales or use tax, as the case may be as authorized by RCW 82.14.030(2), upon every taxable event, as defined in RCW 82.14.020, occurring within the county. The tax shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. (Ord. 99-04, 1999; Ord. 85-1 § 1, 1985).

3.04.020 Rate.
The rate of the tax imposed by KCC 3.04.010 shall be five-tenths of one percent of the selling price or value of the article used, as the case may be. (Ord. 99-04, 1999; Ord. 85-1 § 2, 1985).

3.04.030 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.14.050. (Ord. 99-04, 1999; Ord. 85-1 § 3, 1985).

3.04.040 Consent to inspection of records.
The county hereby consents to the inspection of such records as are necessary to qualify the county for inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. (Ord. 99-04, 1999; Ord. 85-1 § 4, 1985).

3.04.050 Credit for tax imposed by any city.
A credit is hereby allowed against the tax herein imposed for the full amount of any city sales or use tax imposed under RCW 82.14.030(2) upon the same taxable event up to the tax imposed by this chapter. (Ord. 99-04, 1999; Ord. 85-1 § 5, 1985).

3.04.060 Detention and jail sales/use tax.

1. There is hereby imposed a sales or use tax, as the case may be, as authorized by House Bill 2110 (1995 2nd Special Session, Chapter 10) upon every taxable event, as defined in RCW 82.14.020, occurring within the county. The tax collected shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. Such sales or use tax shall be in addition to any other taxes authorized by law.
2. The rate of the tax imposed herein shall be one-tenth of one percent of the selling price or value of the article used, as the case may be.
3. The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.14 RCW.
4. The tax collected pursuant to this section shall be used only for such purposes as are authorized pursuant to House Bill 2110 (1995 2nd Special Session, Chapter 10).
5. The county hereby consents to the inspection of such records as are necessary to qualify the county for inspection of records of Department of Revenue, pursuant to RCW 82.32.330. (Ord. 99-04, 1999; Ord. 95-16, 1995).

3.04.070 Criminal justice sales/use tax.

1. There is hereby imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.340, upon every taxable event, as defined in RCW 82.14.020, occurring within the county. The tax collected shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. Such sales or use tax shall be in addition to any other taxes authorized by law.
2. The rate of the tax imposed herein shall be one-tenth of one percent of the selling price or value of the article used, as the case may be.
3. The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.14 RCW.
4. The tax collected pursuant to this section shall be used only for such purposes as are authorized by RCW 82.14.340.
5. The county hereby consents to the inspection of such records as are necessary to qualify the county for inspection of records of Department of Revenue, pursuant to RCW 82.32.330. (Ord. 99-04, 1999; Ord. 95-17, 1995).

3.04.080 Retail Car Rental sales/use tax.

1. There is hereby imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.049, upon every taxable event, as defined therein, occurring within the county. The tax collected shall be imposed upon and collected from those person from whom the state and sales tax or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. Such sales or use tax shall be in addition to any other taxes authorized by law.
2. The rate of the tax imposed herein shall be one percent of the sale or rental price, as the case may be.
3. The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.14 RCW.
4. The tax collected pursuant to this section shall be used only for such purposes as are authorized by RCW 82.14.049(1)(c).
5. The county hereby consents to the inspection of such records as are necessary to qualify the county for inspection of records of Department of Revenue, pursuant to RCW 82.32.330. (Ord. 2013-010, 2013;)

3.04.090 Mental Health sales/use tax.

1. There is hereby imposed a sales and use tax, as authorized by RCW 82.14.460, upon every taxable event, as defined therein, occurring within the county. The tax collected shall be imposed upon and collected from those persons and events provided for pursuant to Chapters 82.08 and 82.12 RCW. Such sales or use tax shall be in addition to any other taxes authorized by law.
2. The rate of the tax imposed herein shall be one tenth of one percent of the sale or rental price, as the case may be unless offset by a city’s imposition of the same tax.
3. The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.14 RCW.
4. The tax collected pursuant to this section shall be used only for such purposes as are authorized by RCW 82.14.460.
5. The county hereby consents to the inspection of such records as are necessary to qualify the county for inspection of records of Department of Revenue, pursuant to RCW 82.32.330.
6. The tax shall commence to be imposed January 1, 2022 and cease on December 31, 2027 unless reauthorized by the Board of County Commissioners. (Ord. 2021-017, 2021;)

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Chapter 3.05
DISTRESSED COUNTY SALES AND USE TAX

Sections
3.05.010 Sales or use tax statutory authorization.
3.05.020 Tax rate.
3.05.030 Credit provision.
3.05.040 Administration and collection of tax.
3.05.050 Use of proceeds.
3.05.060 Effective date and expiration date.
3.05.070 Severability.

3.05.010 Sales or use tax statutory authorization.
Pursuant to Chapter 366, Laws of 1997 and RCW 82.14.370, there is hereby imposed a sales or use tax, as the case may be, upon every taxable event, as defined in RCW 82.14.020, occurring within Kittitas County. The tax shall be imposed upon and collected from those persons from whom the state sales tax or use tax is collected pursuant to RCW 82.08 or RCW 82.12. The tax impose by this section is in addition to those imposed under KCC 3.04.010 and KCC 3.04.020. (Ord. 2007-23, 2007)

3.05.020 Tax rate.
Effective August 1, 2007, the rate of tax imposed by SCC 3.05.010 shall be 0.09 per cent (0.09%) of the selling price or value of the article used, as the case may be. (Ord. 2007-23, 2007)

3.05.030 Credit provision.
The tax imposed by SCC 3.05.010 shall be deducted from the amount of tax otherwise required to be collected or paid over to the Department of Revenue under chapter 82.02 or 82.12 RCW. (Ord. 2007-23, 2007)

3.05.040 Administration and collection of tax.
The tax imposed by this ordinance shall be administered and collected in accordance with RCW 84.14.050, except that in accordance with RCW 82.14.370 (2) administration of this tax shall be at no cost to the County. The Chairperson of the Board of county Commissioners is authorized and directed to execute any contracts with the Department of Revenue that may be necessary to provide for the administration or collection of the tax. (Ord. 2007-23, 2007)

3.05.050 Use of proceeds.
The proceeds from the tax imposed by KCC 3.05.010 shall be deposited in a special fund in Kittitas County known as the distressed area Public Facilities Fund, #108. Monies deposited in such fund shall be used only for the purposes authorized by the laws of the State of Washington including, but not limited to, the cost of construction, acquisition or operation of public facilities or to pay or secure the payment of all or any portion of general obligation bonds or revenue bonds issued for such purposes. (Ord. 2007-23, 2007)

3.05.060 Effective date and expiration date.
Effective Date and Expiration Date. The tax imposed by KCC 3.05.010 shall take effect August 1, 2007 and shall expire June 30, 2032. (Ord. 2020-005, 2020; Ord. 2007-23, 2007)

3.05.070 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2007-23, 2007)

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Chapter 3.06
CRIMINAL JUSTICE AND PUBLIC SAFETY SALES AND USE TAX

Sections
3.06.010 Imposition.
3.06.020 Tax rate.
3.06.030 Administration and Collection of Tax.
3.06.040 Use of Proceeds.
3.06.050 Inspection.
3.06.060 Violation - Penalties.
3.06.070 Effective Date and Expiration Date.
3.06.080 Allocation of Monies Collected.
3.06.090 Severability.

3.06.010 Imposition.
There is imposed a sales and use tax, as the case might be, as authorized by RCW 82.14.450 upon the occurrence of any taxable event within Kittitas County. The tax authorized in this section is in addition to any other taxes authorized by law and shall be collected from those persons who are taxable by the State of Washington under RCW Chapters 82.08 and 82.12 upon the occurrence of any taxable event within Kittitas County. (Ord. 2007-36, 2007)

3.06.020 Tax rate.
Effective January 1, 2008, the rate of tax imposed by KCC 3.06.010 shall be three-tenths of one percent of the selling price in the case of a sales tax, or value of the article used, in the case of a use tax. The retail sale or use of motor vehicles, and the lease of motor vehicles for up to the first thirty-six months of the lease, are exempt from the tax imposed under this section. (Ord. 2007-36, 2007)

3.06.030 Administration and Collection of Tax.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 82.32.300 and RCW Chapters 82.08 and 82.12. The Chairperson of the Board of County Commissioners of Kittitas County, or a majority of the Board, is authorized to enter into a contract with the Washington State Department of Revenue for the administration of this tax imposed pursuant to this chapter. (Ord. 2007-36, 2007)

3.06.040 Use of Proceeds.
One third of all money received from the tax imposed under this chapter shall be expended exclusively for "criminal justice purposes" as that term is defined in RCW 82.14.450. The remaining two-thirds of all money received from the tax imposed under this chapter shall be expended for public safety purposes. Money raised from the tax imposed under this chapter shall not supplant existing funds used for the purposes set forth in this chapter. (Ord. 2007-36, 2007)

3.06.050 Inspection.
Kittitas County consents to the inspection of such records as are deemed necessary to qualify the County for inspection of records by the Washington State Department of Revenue pursuant to RCW 82.32.330. (Ord. 2007-36, 2007)

3.06.060 Violation - Penalties.
Any person who fails or refuses to collect as required under the terms of this chapter with the intent to violate the provisions of this chapter or to gain some advantage or benefit, either directly or indirectly, and any buyer who refuses to pay any tax due under this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by fine in the amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. Provided, however, the penalty provided for under the terms of this section shall be in addition to any other penalties as provided for in RCW Chapters 82.08 and 82.14. (Ord. 2007-36, 2007)

3.06.070 Effective Date.
This chapter took effect at 12:01 a.m. on January 1, 2008. The provisions of this chapter were made permanent by public vote on August 6, 2019. (Ord. 2020-001, 2020; Ord. 2013-011, 2013; Ord. 2007-36, 2007)

3.06.080 Allocation of Monies Collected.
Moneys received from the tax imposed under this chapter shall be shared between the County and the incorporated cities as provided for in RCW 82.14.450. (Ord. 2007-36, 2007)

3.06.090 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provisions to other persons or circumstances is not affected. (Ord. 2007-36, 2007)

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Chapter 3.07
SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING

Sections
3.07.010 Tax Imposed.
3.07.020 Applicability of Tax.
3.07.030 Administration and Collection.
3.07.040 Use of Funds.
3.07.050 Administration of Funds.
3.07.060 Effective Date.
3.07.070 Severability.

3.07.010 Tax Imposed.
There is hereby imposed by this ordinance the maximum capacity of the sales and use tax (.0146 percent) authorized by SHB 1406 in Kittitas County. For unincorporated Kittitas County, and the cities of Kittitas, Roslyn, Cle Elum, and South Cle Elum, which do not intend on levying their portion of the sales and use tax, the maximum capacity is .0146 percent. The city of Ellensburg is already levying the maximum tax, and so the County will levy none for qualifying events within the city limits. (Ord. 2020-006, 2020)

3.07.020 Applicability of Tax.
The tax shall be imposed upon and collected from those persons from whom the state sales or use tax is collected pursuant to Chapters 82.08 and 82.12 RCW. The rate of tax imposed by this ordinance shall be applied to the selling price in the case of a sales tax or the value of the article used in the case of a use tax. (Ord. 2020-006, 2020)

3.07.030 Administration and Collection.
The tax imposed by this ordinance shall be administered and collected in accordance with Chapter 82.14.050 RCW. The Chair of the Board of the Kittitas County Commissioners is hereby authorized to, and directed to, execute and sign contracts with the Washington State Department of Revenue that may be necessary to provide for the administration or collection of the tax. The Budget and Finance Manager will submit a copy of the approved ordinance to the Department of Revenue. (Ord. 2020-006, 2020)

3.07.040 Use of Funds.
Monies collected shall be used for allowable expenditures authorized by 82.14 RCW as amended by Substitute House Bill 1406, now codified under RCW 82.14.540. (Ord. 2020-006, 2020)

3.07.050 Administration of Funds.
The funds will be collected and accounted for separately in the Fund #112 Affordable Housing as established by the County Auditor and shall be administrated by the Board of County Commissioners. (Ord. 2020-006, 2020)

3.07.060 Effective Date.
This ordinance is effective July 21, 2020. (Ord. 2020-006, 2020)

3.07.070 Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance or the application of the provisions to other person or circumstances is not affected. (Ord. 2020-006, 2020)

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Chapter 3.08
REAL ESTATE SALES TAX*

Sections
3.08.010 Sale defined.
3.08.020 Seller defined.
3.08.030 Selling price defined.
3.08.040 Tax levy.
3.08.050 Lien upon property.
3.08.060 Obligation.
3.08.070 Payment - Stamp.
3.08.080 Affidavit - Supersedure.
3.08.090 Tax ascertainment - Security for payment.
3.08.100 Mining property defined - Conditional sale - Lease provisions.
3.08.110 Standing timber sale - Affidavit.
3.08.120 Affidavit filing - Copies.
3.08.130 Tax payment - Interests.
3.08.140 Credit to school fund.
3.08.150 Refunds.

* For the statutory provisions authorizing the board of county commissioners to levy an excise tax upon sales of real estate not exceeding one percent of the selling price, see RCW 28.45.050.

3.08.010 Sale defined.
The board of county commissioners hereby adopts by reference RCW 82.45.010. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 1, Vol. N, p. 531, 1968).

3.08.020 Seller defined.
The board of county commissioners hereby adopts by reference RCW 82.45.020. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 1, Vol. N, p. 531, 1968).

3.08.030 Selling price defined.
"Selling price" means the consideration, including money or anything of value, paid or delivered or contracted to be paid or delivered in return for the transfer of the real property, or estate or interest in real property, and shall include the amount of any lien, mortgage, contract, indebtedness, or other encumbrance, either given to secure the purchase price or any part thereof, or remaining unpaid on such property at the time of sale. "Selling price" does not include the amount of any outstanding lien or encumbrance in favor of the United States, the state, or a municipal corporation for taxes, special benefits or improvements. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 1, Vol. N, p. 532, 1968).

3.08.040 Tax levy.
There is levied and there shall be collected by the Treasurer on each sale of any real property situated in the county a tax equal to one percent of the selling price. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 2, Vol. N, p. 532, 1968).

3.08.050 Lien upon property.
The tax provided for in KCC 3.08.040 and any interest or penalties thereon shall be a specific lien upon each piece of real property sold from the time of sale until the tax has been paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 3, Vol. N, p. 532, 1968).

3.08.060 Obligation.
The tax levied under this chapter shall be the obligation of the seller and either the county Treasurer or the county prosecuting attorney may, at his option, enforce the obligation through an action of debt against the seller, or he may proceed in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement shall not be an election not to pursue the other. In addition to any interest, costs and/or penalties recoverable in such an action, the county shall be entitled to such attorneys' fees as the court deems reasonable. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 4, Vol. N, p. 532, 1968).

3.08.070 Payment - Stamp.
The tax hereby imposed shall be paid to and collected by the county Treasurer who shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to its recording. A receipt issued by the county Treasurer for the payment of the tax imposed under this chapter shall be evidence of the satisfaction of the lien imposed hereunder and may be recorded in the manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax shall be accepted by the county auditor for filing or recording until the tax has been paid and the stamp affixed thereto; in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of such fact has been made on the instrument by the Treasurer. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 5, Vol. N, p. 532, 1968).

3.08.080 Affidavit - Supersedure.
It shall be the duty of the seller, within 30 days after the date of sale, to furnish the Treasurer, in quadruplicate, on forms to be supplied by the Treasurer, an affidavit containing the full name and address of the seller, the full name and address of the purchaser, the description of the real property involved, the date of sale or other transfer, the nature of the transfer, and the sale price, which affidavit shall be subscribed and sworn to by the seller, buyer, or the agent of either, before a notary public, the Treasurer, or his authorized deputy; provided, that where the transaction involves in whole or in part any real property or any estate or interest therein, or any contract right thereto for any other real property or estate or interest therein or contract right thereto, there shall be filed by or on behalf of each grantor the above affidavit, which affidavit shall state the fair market value of the property so exchanged, and a tax shall be levied and collected as to each transfer; provided further, that if the Washington State Department of Revenue requires reports contrary or in addition to the requirement imposed by this section, the requirements of the department shall supersede the requirements of this section to that extent. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 6, Vol. N, p. 532, 1968).

3.08.090 Tax ascertainment - Security for payment.
In the case of any sale where the selling price is not separately stated or ascertainable at the time of sale, including leases with option to purchase, rules of the Washington State Department of Revenue relating to ascertainment of the tax and security for payment of the tax shall be administered by appropriate officials. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 7, Vol. N; p. 532, 1968).

3.08.100 Mining property defined - Conditional sale - Lease provisions.
Where the transaction involved constitutes a conditional sale of mining property in which the buyer has the right to terminate the contract at any time, and/or a lease and option to buy mining property in which the lessee-buyer has the right to terminate the lease and option at any time, said transaction shall be taxable at the time of execution only on the consideration received by the seller or lessor for execution of such contract; provided, that the tax due on any additional consideration paid by the buyer and received by the seller shall be paid to the county Treasurer:

1. At the time of termination; or
2. At the time all of the transaction is completed except for the delivery of the deed to the buyer; or
3. At the time when the buyer unequivocally exercises an option to purchase the property, whichever of the three events occur first.

For the purpose of this chapter, "mining property" means property containing or believed to contain metallic minerals and sold or leased under terms which require the purchaser or lessor to conduct exploration or mining work thereon and for no other use; and "metallic minerals" does not include clays, coal, sand and gravel, peat, gypsite, or stone, including limestone. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 8, Vol. N, p. 533, 1968).

3.08.110 Standing timber sale - Affidavit.
Where the transaction involved constitutes a sale of standing timber under this chapter and the selling price is stated in such conveyance as being determinable in the future on the basis of footage removed or on a stumpage basis, it shall be the duty of the seller to execute and file with the county Treasurer the affidavit mentioned in KCC 3.08.080, stating, in addition to the other requirements, the legal description of the real property on which such standing timber is located and an estimate, to the best of his knowledge, of the selling price ultimately to be received, and shall pay to the county Treasurer under this chapter a sum equal to one percent of such estimated selling price, which sum shall not be credited by the Treasurer to the school fund but shall be retained in a separate account. On the expiration date of such timber contract, if not extended, or at the time cutting and removal is completed, whichever is earlier, it shall be the duty of the seller to execute and file with the county Treasurer an additional affidavit in the above form setting price actually paid. In the event such amount results in a tax greater than the sum theretofore paid on the estimate, the seller shall pay such additional amount to the county Treasurer, who shall thereupon place this amount, together with the sum originally deposited, to the credit of the school fund in the usual manner. In the event such amount is less than the original estimate, the Treasurer is directed to refund the excess payment to the taxpayer and credit the balance to the school fund as above. (Ord. 9904, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 9, Vol. N, p. 533, 1968).

3.08.120 Affidavit filing - Copies.
The Treasurer shall retain and file the original of the affidavit mentioned in KCC 3.08.080, and shall furnish one copy to the county assessor. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 10, Vol. N, p. 533, 1968).

3.08.130 Tax payment - Interests.
The tax imposed hereunder shall become due and payable immediately at the time of sale, and if not so paid within 30 days, shall bear interest at the rate of one percent per month from date of sale. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 11, Vol. N, p. 533, 1968).

3.08.140 Credit to school fund.
The proceeds of the tax imposed hereunder shall be credited to the county school fund monthly and shall be used exclusively for the support of the common schools; provided, that one percent of the proceeds of this tax shall be credited to the county current expense fund, out of which all cost and expense of administering this chapter shall be paid. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 12, Vol. N, p. 533, 1968).

3.08.150 Refunds.
If, upon written application by a taxpayer to the Treasurer for a refund hereunder, or upon examination of the records by the Treasurer without such application, it appears that within one year preceding such application or examination a tax has been charged hereunder in excess of the amount actually due or upon a sale or other transfer herein declared to be exempt from tax hereunder, such excess amount or improper payment shall be refunded by the Treasurer to the taxpayer. No refund shall be made with respect to any payment made more than one year before the date of application or examination. (Ord. 99-04, 1999; Ord. 79-1, 1979; Ord. 77-5, 1977; Ord. 68-1 § 13, Vol. N, p. 533, 1968).

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Chapter 3.09
REAL ESTATE SALES EXCISE TAX

Sections
3.09.010 Imposition.
3.09.020 Rate.
3.09.030 Disposition and distribution of proceeds.
3.09.040 Taxes lien on property - Enforcement.
3.09.050 Taxes seller's obligation - Choice of remedies.
3.09.060 Payment and collection - Evidence - Recording.

3.09.010 Imposition.
There is hereby imposed an excise tax on each sale of real property in the unincorporated areas of Kittitas County as authorized by RCW 82.46.010(1). (Ord. 99-04, 1999; Ord. 86-6 § 1, 1986).

3.09.020 Rate.
The rate of the tax imposed by KCC 3.09.010 shall be one half of one percent of the selling price. (Ord. 2022-008, 2022; Ord. 99-04, 1999; Ord. 86-6 § 2, 1986).

3.09.030 Disposition and distribution of proceeds.

1. The county Treasurer shall place one percent of the proceeds of the tax herewith imposed in the county current expense funds to defray the costs of collection.
2. The remaining proceeds from the tax hereby imposed shall be placed in the county capital improvements fund. (Ord. 99-04, 1999; Ord. 86-6 § 3, 1986).

3.09.040 Taxes lien on property - Enforcement.
The tax hereby imposed and any interest or penalties thereon shall be a specific lien upon each piece of real property sold from the time of sale until the tax is paid, which lien may be enforced in the manner prescribed for the foreclosure of mortgages. (Ord. 99-04, 1999; Ord. 86-6 § 4, 1986).

3.09.050 Taxes seller's obligation - Choice of remedies.
The tax hereby imposed is the obligation of the seller and may be enforced through an action of debt against the seller or in the manner prescribed for the foreclosure of mortgages. Resort to one course of enforcement is not an election not to pursue the other. (Ord. 99-04, 1999; Ord. 86-6 § 5, 1986).

3.09.060 Payment and collection - Evidence - Recording.
The tax herein imposed shall be paid to and collected by the county Treasurer. The county Treasurer shall cause a stamp evidencing satisfaction of the lien to be affixed to the instrument of sale or conveyance prior to recording or to the real estate excise tax affidavit in the case of used mobile home sales. A receipt issued by the county Treasurer for the payment of the tax hereby imposed shall be evidence of the satisfaction of the lien imposed herein and may be recorded in the manner prescribed for recording satisfaction of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the tax is paid and the stamp affixed thereto in case the tax is not due on the transfer, the instrument shall not be accepted until suitable notation of this fact is made on the instrument by the county Treasurer. (Ord. 99-04, 1999; Ord. 86-6 § 6, 1986).

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Chapter 3.12
REAL ESTATE SALES - MINIMUM PRICING SCHEDULE

(Repealed by Ord. 99-04)

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Chapter 3.14
TIMBER HARVESTERS EXCISE TAX

Sections
3.14.010 Tax imposed.
3.14.020 Determination of tax.
3.14.030 Administration and collection.
3.14.040 Timber tax account.
3.14.050 Contract with Department of Revenue.
3.14.060 Agreement to inspection of records.
3.14.070 Severability.
3.14.080 Repealed.
3.14.090 Effective date.

3.14.010 Tax imposed.
There is imposed and shall be collected, on and after January 1, 2005, an excise tax on every person in the county engaging in business as a harvester as defined by RCW 84.33.035. The tax shall be paid, collected and remitted to the Department of Revenue of the State of Washington at the time and in the manner prescribed by RCW 84.33.086. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.020 Determination of tax
The tax shall be equal to the stumpage value of the timber, as defined in RCW 84.33.035, harvested from privately-owned land within the county, multiplied by a rate of four percent (4%), and harvested from publicly-owned land within the county, multiplied by the following rates:

1. For timber harvested January 1, 2005, through December 31, 2005, 1.2 percent;
2. For timber harvested January 1, 2006, through December 31, 2006, 1.5 percent;
3. For timber harvested January 1, 2007, through December 31, 2007, 1.8 percent;
4. For timber harvested January 1, 2008, through December 31, 2008, 2.1 percent;
5. For timber harvested January 1, 2009, through December 31, 2009, 2.4 percent;
6. For timber harvested January 1, 2010, through December 31, 2010, 2.7 percent;
7. For timber harvested January 1, 2011, through December 31, 2011, 3.1 percent;
8. For timber harvested January 1, 2012, through December 31, 2012, 3.4 percent;
9. For timber harvested January 1, 2013, through December 31, 2013, 3.7 percent;
10. For timber harvested January 1, 2014, and thereafter, 4.0 percent.

Any harvester, as defined in RCW 84.33.035, incurring less than $50.00 tax liability in any calendar quarter, is excused from the payment of the tax imposed by [KCC 3.14.010], but may be required by the Department of Revenue to file a return even though no tax may be due. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.030 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of RCW 84.33 and all sections of RCW 82.32 (as now existing or hereafter amended), except RCW 82.32.045 and 82.32.270, shall apply with reference to the taxes imposed under this ordinance. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.040 Timber tax account.
There is created a county timber tax account for deposit of moneys distributed to the county as provided by RCW 84.33.081(1). (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.050 Contract with Department of Revenue.
The county is authorized to contract with the Department of Revenue (prior to the effective date of this ordinance) for the administration and collection of the tax imposed by [KCC 3.14.010] and to provide in such agreement for payment of the costs of collection and administration incurred by the Department of Revenue as directed by RCW 84.33.081. The Prosecuting Attorney of Kittitas County shall first approve the form and content of the contract. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.060 Agreement to inspection of records.
The county agrees to give to the Department of Revenue such facts and information and to permit the Department to inspect its records in connection with the imposition, collection and administration of the tax imposed by [KCC 3.14.010], as may be necessary to permit the county to obtain facts and information from, and inspect the records of, the Department of Revenue to facilitate the administration of the tax and insure the correct distribution of its proceeds as provided by RCW 84.33. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.070 Severability.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 2004-45; Ord. 99-04; Ord. 84-3)

3.14.080 Repealed.
To the extent that any previously enacted Ordinance, adopted by the Board of County Commissioners is inconsistent with the adoption and provisions of this Ordinance, such prior Ordinance(s) or those sections of such Ordinance are repealed. (Ord. 2004-45)

3.14.090 Effective date.
This ordinance shall take effect January 1, 2005. (Ord. 2004-45)

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Chapter 3.16
LEASEHOLD EXCISE TAX

Sections
3.16.010 Levy.
3.16.020 Rate - Credits.
3.16.030 Credit for other leasehold excise taxes.
3.16.040 Administration and collection.
3.16.050 Certain leasehold interests exempt.
3.16.060 Records inspection.
3.16.070 Contract for administration and collection authorized.

3.16.010 Levy.
There is levied and there shall be collected a leasehold excise tax on and after January 1, 1976, upon the act or privilege of occupying or using publicly owned real or personal property within the county through a "lease-hold interest," as defined by RCW 82.29A.020. The tax shall be paid, collected, and remitted to the Department of Revenue of the state at the time and in the manner prescribed by RCW 82.29A.050. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 1, 1976).

3.16.020 Rate - Credits.
The rate of the tax imposed by KCC 3.16.010 shall be six percent of the taxable rent (as defined by RCW 82.29A.020); provided, that the following credits shall be allowed in determining the tax payable:

1. With respect to a leasehold interest arising out of any lease or agreement, the terms of which were binding on the lessee prior to July 1, 1970, where such lease or agreement has not been renegotiated (as defined by RCW 82.29A.020) since that date, and excluding from such credit any lease or agreement including options to renew which extends beyond January 1, 1985, as follows:
   1. With respect to taxes due in calendar year 1976, a credit equal to 80 percent of the tax produced by the above rate;
   2. With respect to taxes due in calendar year 1977, a credit equal to 60 percent of the tax produced by the above rate;
   3. With respect to taxes due in calendar year 1978, a credit equal to 40 percent of the tax produced by the above rate;
   4. With respect to taxes due in calendar year 1979, a credit equal to 20 percent of the tax produced by the above rate;
2. With respect to a product lease (as defined by RCW 82.29A.020), a credit of 33 percent of the tax produced by the above rate. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 2, 1976).

3.16.030 Credit for other leasehold excise taxes.
There shall be allowed against the tax otherwise imposed by this chapter a credit for the full amount of any leasehold excise tax authorized by RCW 82.29A.040 and imposed upon the same taxable event by any city or town. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 3, 1976).

3.16.040 Administration and collection.
The administration and collection of the tax imposed by this chapter shall be in accordance with the provisions of Chapter 82.29A RCW. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 4, 1976).

3.16.050 Certain leasehold interests exempt.
Leasehold interests exempted by RCW 82.29A.130, as it now exists or may hereafter be amended, shall be exempt from the tax imposed pursuant to KCC 3.16.010. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 5, 1976).

3.16.060 Records inspection.
The county consents to the inspection of such records as are necessary to qualify the county for inspection of records of the Department of Revenue pursuant to RCW 82.32.330. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 6, 1976).

3.16.070 Contract for administration and collection authorized.
The chairman of the board of county commissioners is authorized to execute a contract with the Department of Revenue of the state for the administration and collection of the tax imposed by KCC 3.16.010; provided, that the prosecuting attorney shall first approve the form and content of the contract. (Ord. 99-04, 1999; Ord. Vol. 2, p. 135 § 7, 1976).

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Chapter 3.20
TRANSIENT OCCUPANCY TAX

Sections
3.20.010 Tax levy.
3.20.015 Special lodging excise tax levy.
3.20.020 Allowance of credit against tax.
3.20.025 Credit against state sales tax.
3.20.030 Collection by seller.
3.20.040 Selling price.
3.20.050 Payment of tax.
3.20.060 Proceeds to be credited to a special fund - Limitation on use - Investment.

3.20.010 Tax levy.
There is levied and there shall be collected subject to the conditions set forth in this chapter a special excise tax of two percent on the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court, trailer camp, and the granting of any similar license to use real estate, as distinguished from the renting or leasing of real property; provided, that it shall be presumed that the occupancy of real property for continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. (Ord. 99-04, 1999; Ord. 78-2, 1978).

3.20.015 Special lodging excise tax levy.
There is levied and there shall be collected, subject to the conditions set forth in this chapter, a Special Lodging Excise Tax Levy as authorized by RCW 67.28.181 of two percent on the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court, trailer camp, and the granting of any similar license to use real estate, as distinguished from the renting or leasing of real property, provided that it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. (Ord. 2009-10, 2009).

3.20.020 Allowance of credit against tax.
A credit is herewith allowed against the taxes imposed herein for the full amount of any city tax imposed pursuant to RCW 67.28.180 or 67.28.181. (Ord. 2009-09, 2009; Ord. 99-04, 1999; Ord. 78-2, 1978).

3.20.025 Credit Against State Sales Tax.
The tax collected under KCC 3.20.010 shall be credited against the amount of sales tax due to the state under chapter 82.08 RCW on the same sale of lodging services. (Ord. 2009-10).

3.20.030 Collection by seller.
The taxes herein imposed shall be collected by every person who makes a sale of the services herein defined whether as an agent, broker, or principal. The percentage of tax herewith imposed shall be imposed upon the full selling price. The collection of taxes imposed by KCC 3.20.015 shall commence upon July 1, 2009, as allowed under RCW 82.14.055 (3)(a). (Ord. 2009-10, 2009; Ord. 99-04, 1999; Ord. 78-2, 1978).

3.20.040 Selling price.
"Selling price" means the consideration, whether money, credits, rights, or other property, expressed in the terms of money, paid or delivered by a buyer to a seller, all without any deduction on account of the cost of labor, interest, discount, delivery costs, taxes, or any other expenses whatsoever, paid or accrued, and without any deduction on account of losses. (Ord. 99-04, 1999; Ord. 78-2, 1978).

3.20.050 Payment of tax.
Any seller, who is required to collect any tax hereunder for Kittitas County, shall pay such tax to such municipality by paying the same over to the Department of Revenue of the state as the same would be paid under Chapter 82.08 RCW. The county herewith designates the Washington State Department of Revenue to perform the collection of such taxes on behalf of the county as provided in Chapter 67.28 RCW. (Ord. 99-04, 1999; Ord. 78-2, 1978).

3.20.060 Proceeds to be credited to a special fund - Limitation on use - Investment.
All taxes levied and collected under this chapter shall be credited to a special fund in the treasury of the county. Such taxes shall be levied only for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of a tourism-related facilities as that term is defined in RCW 67.28.080(7). Lodging tax revenues may be used, directly by any municipality or indirectly through a convention and visitors bureau or destination marketing organization for:

1. Tourism marketing;
2. The marketing and operations of special events and festivals designed to attract tourists;
3. Supporting the operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district created under chapters 35.57 and 36.100 RCW; or
4. Supporting the operations of tourism-related facilities owned or operated by nonprofit organizations described under 26 U.S.C. Sec. 501(c)(3) and 26 U.S.C. Sec. 501(c)(6) of the internal revenue code of 1986 as amended.

Until withdrawn for use, the moneys accumulated in such fund or funds may be invested in interest-bearing securities by the county Treasurer in any manner authorized by law. (Ord. 2022-004, 2022; Ord. 2009-10, 2009; Ord. 99-04, 1999; Res. 82-4, 1982; Ord. 78-2, 1978).

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Chapter 3.22
ADMISSIONS TAX

Sections
3.22.010 Definitions.
3.22.020 Imposition.
3.22.030 Exemptions.
3.22.040 Price to show on ticket.
3.22.050 Collection and payment.
3.22.060 Penalty for late payment.
3.22.070 Registration.
3.22.080 Successor to business.
3.22.090 Recordkeeping.
3.22.100 Rules and regulations adopted by the County.
3.22.110 Effective date.
3.22.120 Violation penalty.
3.22.130 Jurisdiction.
3.22.140 Revenue from admissions tax.
3.22.145 Chargeoff of uncollected taxes.
3.22.150 Severability.
3.22.160 General administrative, confidentiality, and enforcement provisions.

Previously repealed by Ord. 2001-05.

3.22.010 Definitions.
For purposes of this chapter, words and phrases shall have the following meanings:

1. “Admissions charge,” in addition to its usual and ordinary meaning includes but shall not be limited to a charge for participation in an event or activity; a charge made for season tickets or subscriptions, or a charge made for use of seats and tables, reserved or otherwise, and other similar accommodations; and a charge made for rental or use of equipment or facilities for purpose of recreation or amusement, and where the rental of the equipment or facilities is necessary to the enjoyment of the privilege for which a general admission is charged, the combined charges shall be considered as an admission charge. A donation for admittance shall also be deemed an admission charge. Admission charge includes any money paid within or without of Kittitas County for any of the kinds of admission charges defined herein so long as the facilities, entertainment, recreation or amusement privilege derived from such admission charge occurs in Kittitas County.
2. “Auditor” means the Kittitas County Auditor’s Office.
3. “County” means the County of Kittitas, State of Washington.
4. “Nonprofit organization” means any organization organized and operated for charitable, education or other purposes, which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, and which is also registered with the Washington Secretary of State.
5. “Person” means any individual, receiver, assignee, firm, partnership, joint stock company, association, society, corporation, or any group of individuals acting as a unit whether mutual, cooperative, fraternal, nonprofit or otherwise. It shall not include the State of Washington nor the U.S. government.
6. “Place” means and includes, but is not restricted to theaters, dancehalls, amphitheaters, auditoriums, stadiums, athletic pavilions and fields, baseball and athletic parks, circuses, side shows, swimming pools, outdoor amusement parks, carnivals, fairs, rodeos, concerts, mountain recreation areas, snow recreation areas, bowling alleys and golf courses, marathon, bicycle, horse, or motor vehicle routes.
7. “Treasurer” means the Kittitas County Treasurer’s Office.

(Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.020 Imposition.

1. There is levied and imposed an admissions tax in the amount of five percent (5%) of the admission charge. Such taxable activities or events, unless exempted in Section 3.22.030 herein, include but are not limited to:
   1. golf
   2. rodeos
   3. county fairs
   4. circuses
   5. bowling
   6. football, basketball, and baseball games
   7. snow tubing/sledding areas
   8. cinema and films
   9. musical concerts or other performances
   10. cross country ski area
   11. rental of equipment and/or facilities for the purpose of recreation or amusement.
2. Such admissions tax is levied and imposed upon any person (including children, without regard to age) who pays an admission charge to any place not exempted in Section 3.22-030 herein, including persons who are admitted at reduced rates to any place for which other persons pay a charge or a regular higher price for the same or similar privileges or accommodations.

(Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.030 Exemptions.

1. The admissions tax imposed by this ordinance shall not apply to the purchase of a permit from a governmental entity, including but not limited to Discover Passes, Groomed Trail Passes, and Snow Park Permits.
2. The admissions tax imposed by this ordinance shall not apply to any person paying an admission to any activity or event sponsored or conducted by an “elementary” or “secondary” school. For purposes of this ordinance “elementary” or “secondary” school means a school enrolling students in grades kindergarten through twelve.
3. The admissions tax imposed by this ordinance shall not apply to any portion of an admission charge which is designated for donation to a nonprofit organization as defined in this chapter, provided: to otherwise qualify for this exemption, the natural or corporate person charging admission to any place must: obtain advanced, written approval from the legislative authority of the county; clearly identify the portion of the admission charge designated as a donation on the face of the ticket; and, provide the Treasurer with sufficient documentation, including books, records and/or accounts, to clearly establish donated amounts collected and delivered to the nonprofit organization, by December 31st of each year
4. The admissions tax imposed by this ordinance shall not apply to a charge or fee paid by contestants in order to participate in an event or activity, if the charge or fee paid is actually used to fund cash payouts to the contestants. Any portion of such charge or fee that is not used to fund cash payouts to the contestants is still subject to the admissions tax. This exemption does not apply to charges or fees paid by spectators to the event or activity, even if such charge or fee is used to fund cash payouts
5. The admissions tax imposed by this ordinance shall not apply to a charge or fee paid to participate in or attend: weddings, graduation parties, birthday parties, family reunions, or corporate gatherings where the attendees are employees or other close affiliates of the corporation. This exemption only applies to the portion of the charge or fee used to cover the cost of the event or activity. This exemption does not apply to: 1) businesses; 2) any event or activity that is publicly advertised and open to the general public; or 3) any event or activity listed in Section 3.22.020(a).

(Ord. 2020-003, 2020; Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.040 Price to show on ticket.
Whenever a charge is made for admission to any place, a serially numbered or reserved ticket shall be furnished to the person paying such charge unless written approval has been obtained from the Treasurer to use a turnstile or other counting device which will accurately count the number of paid admissions. The established admission price, admissions tax imposed by this ordinance, and total price at which every such admission ticket or card is sold shall be conspicuously and indelibly printed or written on the face or back of that part of the ticket which shall be taken up by the management of the place to which admission is gained, and such part of the ticket must also be kept and preserved by management for a period of five (5) years, as provided for by KCC 3.22.090. The admissions tax due shall be based on the established price printed on each ticket. When a charge is made for admission, a sign must also be posted in a conspicuous place on the entrance or ticket office which breaks down the admission charge as follows:
Admission charge . . . . . . . . . . . . . . .
County admissions tax . . . . . . . . . . . .
Total price . . . . . . . . . . . . . . . . .
(Ord. 2020-003, 2020;Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.050 Collection and payment.

1. Any person, including any municipal or quasi-municipal corporation, who receives any payment for admissions on which a tax is levied under this chapter shall collect the amount of the tax imposed from the person making the admission payment and shall remit the same as provided for in this section. The tax imposed shall be collected at the time admission charge is paid by the person seeking admission to any place and shall be reported and remitted by the person receiving the tax to the Treasurer in quarterly or monthly installments on or before the last day of the month next succeeding the end of the quarterly or monthly period in which the tax is collected or received. The county may extend the time for making and filing the return and remittance of the tax for a period not to exceed thirty (30) days. Payment or remittance of the tax collected may be made by check or credit card, unless payment or remittance is otherwise required by the county. Checks should be made payable to the Kittitas County Treasurer. Payment by check shall not relieve the person collecting the tax from liability for payment and remittance of the tax unless the check is honored and in the full and correct amount. Any person receiving any payment for admissions shall make out a return upon such forms providing the information the county may require. Whenever any person makes an admission charge which is subject to the law levied in this ordinance, and the same is of a transitory or temporary nature, of which the county shall be the judge, the county shall require the report and remittance of the admissions tax immediately upon the collections of the tax at the conclusion of the performance or exhibition, or at the conclusion of a series of performances or exhibitions, or at such other time as the county shall determine. The Treasurer may require the person owing the tax to the County under this ordinance to deposit a sum of money or bond in advance of any performance, show or amusement. This deposit or bond shall be returned upon the faithful compliance with the provisions of this ordinance.
2. Failure to comply with any requirements of the county as to reporting and remitting the tax shall be a violation of this ordinance.
3. The books, records and accounts of every person collecting a tax levied in this ordinance shall, as to admission charges and tax collections, be subject to examination and audit by the Treasurer at all reasonable times.

(Ord. 2020-003, 2020; Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.060 Penalty for late payment.

1. If payment of any tax due under this ordinance is not received by the Treasurer by the last day of the month in which the tax was due, there shall be added to such tax a penalty of fifteen percent (15%) of the tax due.
2. The Treasurer shall notify the taxpayer by mail of the amount of any penalties so added or assessed and these shall become due and payable within thirty (30) days from the date of such notice.
3. In addition to this penalty, the Treasurer may charge the taxpayer interest of one percent of all taxes due for each thirty day period or portion thereof that such amounts are past due.
4. Failure to make payment in full of all tax amounts and penalties within sixty (60) days following the day the tax amount initially became due shall be a civil and/or criminal violation of this section.

(Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.070 Registration.
Any person conducting or operating any activity for which an admission charge is made shall register on the Treasurer’s admissions tax website: www.co.kittitas.wa.us/admissions/. (Ord. 2020-003, 2020; Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.080 Successor to business.
Whenever any person required to pay a tax under this ordinance shall quit business or otherwise dispose of his or her business, any admissions tax payable shall immediately become due and payable, and if such tax is not paid by such person within ten (10) days from the date of such sale, exchange or disposal of the business, the purchaser or successor shall also become liable for the payment of the full amount of such tax plus accrued penalties. (Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.090 Recordkeeping.
It shall be the duty of every person liable for any tax imposed by this ordinance to keep and preserve for a period of five (5) years suitable records as may be necessary to determine the amount of any tax for which he or she may be liable under the provisions of this ordinance. Any taxpayer who fails to comply with the requirements of this section is forever barred from questioning, in any court action or proceedings, the correctness of any assessment of taxes made by the County based upon any period for which such suitable records have not been so kept and preserved. (Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.100 Rules and regulations adopted by the County.
The county shall have the power to adopt rules and regulations not inconsistent with the terms of this ordinance for carrying out and enforcing the payment, collection and remittance of the tax levied by this ordinance and a copy of the rules and regulations shall be on file and available for public examination at the Treasurer's Office. The Treasurer is specifically authorized to create processes, procedures, or forms necessary to accurately audit, collect, or appeal the taxes authorized by this chapter. Failure or refusal to comply with any rules and regulations shall be deemed a violation of this ordinance. (Ord. 2020-003, 2020; Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.110 Effective date.
This ordinance shall become effective, against all persons, thirty (30) days after passage by the Board of County Commissioners. (Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.120 Violation penalty.

1. The tax imposed under this ordinance shall be deemed to be held in trust by that person required to collect the tax until it is paid to the County as herein provided. It is a misdemeanor for any person receiving payment of the tax and appropriating or converting the same to his or her own use or to any use other than the payment of the tax as provided in this ordinance to the extent that the amount of such tax is not available for payment on the due date for filing returns as provided in this ordinance. In addition to civil penalties that may be imposed, each person found guilty of violating the provisions of this subsection, unless otherwise specified, shall be subject to criminal penalties of a fine not to exceed one thousand dollars ($1000) or imprisonment not to exceed ninety (90) days in jail, or to both a fine and imprisonment.
2. Any person required to collect the tax imposed under this ordinance who fails to collect the same, or having collected the same, fails to remit the same, to the County in the manner prescribed by this ordinance, whether such failure be the result of his or her own act or the result of acts or conditions beyond his or her control, shall nevertheless be personally liable to the County for the amount of such tax.
3. It is a misdemeanor punishable by a fine of not exceeding one hundred dollars for any person who is required by KCC 3.22.040: 1) to fail to furnish a serially numbered or reserved ticket to a person paying the admissions charge; or 2) to fail to conspicuously and indelibly print or write the price (exclusive of the tax to be paid by the person paying for admission) on the face or back of that part of the ticket which is to be taken up by the management of the place for which an admission charge is exacted. Each and every violation or failure to comply with the provisions of KCC 3.22.040 shall constitute a separate offense.
   (Ord. 2018-007, 2018; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.130 Jurisdiction.
The admissions tax enacted by this ordinance shall be imposed in all areas of Kittitas County except for incorporated areas of the County where the city or town has levied a similar tax within its corporate limits. The admissions tax levied and imposed by this ordinance shall be payable where the admission charge was paid within or without the geographical boundaries of Kittitas County so long as the facilities, entertainment, recreation or amusement privileges derived from such admission charge occurs in Kittitas County. (Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.140 Revenue from admissions tax.
The revenue from the admissions tax collected under this ordinance shall be deposited in the County General Fund and distributed in the following manner:

1. The Auditor and Treasurer shall retain funds as specifically approved annually by the Board of County Commissioners for expenses directly related to implementing and collecting the tax; then
2. The first $100,000 in admissions tax collected each year after expenses in Section 14 (a) shall be dedicated for use by the Kittitas County Public Health Department; then
3. All taxes collected in addition to those in Sections 14 (a) and (b) shall be placed into the County General Fund and allocated annually at the discretion of the Board of County Commissioners.

(Ord. 2020-003, 2020; Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.145 Chargeoff of uncollectible taxes.

1. Every year, on the first day of February, the Treasurer shall present to the Board of County Commissioners a list of all accounts receivable under this ordinance, which shall include a statement describing the status and collection efforts made against each account.
2. Any tax or penalty which the Treasurer deems to be uncollectible may be transferred from accounts receivable to a suspense account and cease to be accounted an asset. However, any item so transferred shall continue to be a debt due the County from the taxpayer and may at any time within twelve years from the filing of a warrant covering such amount with the clerk of the superior court be transferred back to accounts receivable for the purpose of collection. The Board of County Commissioners, by resolution, may authorize the Treasurer to charge off as finally uncollectible any tax or penalty which it deems uncollectible at any time after twelve years from the date that the last tax return for the delinquent taxpayer was or should have been filed if the Treasurer is satisfied that there are no cost-effective means of collecting the tax or penalty.
3. Notwithstanding subsection (a) of this section, the Board of County Commissioners, by resolution, may authorize the Treasurer to charge off any tax owed by a taxpayer under this chapter, including any penalty or interest thereon, if the Treasurer ascertains that the cost of collecting that tax would be greater than the total amount which is owed or likely in the near future to be owed by, and collectible from, the taxpayer. (Ord. 2020-003, 2020; Ord. 2018-007, 2018)

3.22.150 Severability.
If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. (Ord. 2016-003, 2016; Ord. 2016-001, 2016)

3.22.160 General administrative, confidentiality, and enforcement provisions.
As allowed by RCW 36.38.020(13), the county adopts and incorporates into this ordinance all of the applicable general administrative, confidentiality, and enforcement provisions contained in RCW 82.32.010 through 82.32.340 and 82.32.380, as currently written or as may be amended in the future, except that in all such adopted and incorporated provisions, unless otherwise indicated by the context of said sections, (a) the term "Kittitas County Treasurer" shall be substituted for each reference made in said sections to the "department," the "department of revenue," "any employee of the department," or "director of the department of revenue"; (b) the name of the “Kittitas County” shall be substituted for each reference made in said sections to the "state" or to the "state of Washington"; (c) the term "this ordinance" shall be substituted for each reference made in said sections to "this chapter"; (d) the name of “Kittitas County” shall be substituted for each reference made in said sections to "Thurston county"; and (e) the term "board of county commissioners" shall be substituted for each reference made in said sections to the "director of financial management." (Ord. 2018-007, 2018)

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Chapter 3.24
CUMULATIVE RESERVE FUNDS

Sections
3.24.010 Capital projects.
3.24.020 Unemployment compensation tax.
3.24.030 Repealed.
3.24.040 Repealed.
3.24.050 Drug enforcement.

3.24.010 Capital projects.
Closed by Res. 84-96. (Ord. 99-04, 1999; Res. 78-64, 1978).

3.24.020 Unemployment compensation tax.
A fund to be known and designated as the "cumulative reserve fund for unemployment compensation tax" is established. The amount of $28,554 is herewith credited to said fund, and for each successive year hereafter the county shall designate such funds as it deems appropriate to be credited to said fund. (Ord. 99-04, 1999; Res. 78-65, 1978).

3.24.030 Vacation and sick leave.
Repealed by Ord. 99-04. (Res. 78-66, 1978).

3.24.040 Federal anti-recession.
Repealed by Ord. 99-04. (Res. 78-67, 1978).

3.24.050 Drug enforcement.

1. There is established a cumulative reserve fund for the purpose of accumulating funds to be used in drug enforcement activities carried on by law enforcement agencies in Kittitas County relating to the unlawful possession, manufacture and delivery of controlled substances and legend drugs. Such funds shall be known as the "drug enforcement reserve fund."
2. This fund is established under the authority of RCW 36.33.020 through RCW 36.33.040. Any balance in said fund at the end of the budget year shall not lapse nor shall the same be a surplus which may be used for any purpose other than herein specified, except as provided by law.
3. There shall be deposited to the drug enforcement reserve fund such money as may be transferred thereto by order of the board of county commissioners together with such other money as shall be received from the courts under the provisions of RCW 9.95.210(4) and RCW 9.92.060 (4).
4. Funds on deposit in the drug enforcement reserve fund shall be deposited and invested in the manner prescribed by law for the deposit and investment of county funds and any income or increase therefrom shall be paid into the drug enforcement reserve fund.
5. Funds shall be disbursed from the fund to a law enforcement agency only on order of the court and the court shall order disbursement only on the application of the prosecuting attorney or his deputy. For the purpose of this section an order of a court commissioner shall be considered an order of the court. Upon presentation to the county auditor of an order of the court to disburse funds to a local law enforcement agency, the auditor shall forthwith draw a warrant on the drug enforcement reserve fund in favor of the law enforcement agency.
6. Any law enforcement agency receiving funds under the provisions of this section shall within 90 days of receipt of the funds make a return to be filed with the county clerk and a copy to the prosecuting attorney reporting how said funds were used and returning said funds to the clerk or explaining why said funds cannot be returned.
7. Upon return of funds to the clerk they shall be transmitted to the county Treasurer for redeposit to the drug enforcement reserve fund. (Ord. 99-04, 1999; Res. 84-31, 1984).

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Chapter 3.28
TRAVEL EXPENSE REVOLVING FUND

Sections
3.28.010 Authorization.
3.28.020 - 3.28.060 Repealed.
3.28.070 Default - Delinquent payment - Unauthorized expenditures.

3.28.010 Authorization.
Pursuant to RCW 42.24.130, there is authorized an advance travel expense revolving fund which shall be used solely for the purpose of making advances for travel expenses to personnel of the county sheriff's department on official business. (Ord. 99-04, 1999; Ord. 7682 § 1, 1976).

3.28.020 Amount deposited.
Repealed by Ord. 99-04. (Ord. 76-82 § 2, 1976).

3.28.030 Signature required.
Repealed by Ord. 99-04. (Ord. 76-82 § 3, 1976).

3.28.040 Register - Accounting.
Repealed by Ord. 99-04. (Ord. 76-82 § 4, 1976).

3.28.050 Advances - Requests.
Repealed by Ord. 99-04. (Ord. 76-82 § 5, 1976).

3.28.060 Advances - Settlement.
Repealed by Ord. 99-04. (Ord. 76-82 § 6, 1976).

3.28.070 Default - Delinquent payment - Unauthorized expenditures.
Any default in accounting for or repaying an advance shall render the full amount which is unpaid immediately due and payable with interest at the rate of 10 percent per year from the date of default until repaid. No advance of any kind may be made to any officer or employee at any time when he is delinquent in accounting for or repaying a prior advance. No such advance shall be considered for any purpose as a personal loan to such officer or employee and any unauthorized expenditure of such funds shall be considered a misappropriation of public funds. (Ord. 99-04, 1999; Ord. 76-82 § 7, 1976).

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Chapter 3.32
VICTIM/WITNESS FUND

Sections
3.32.010 Established.
3.32.020 Budget - Expenditures.

3.32.010 Established.
The county Treasurer is directed to establish the prosecuting attorney's victim/witness fund, to be used exclusively for the administration of a victim/witness program by the Kittitas County prosecuting attorney. The funds shall not lapse and shall supplement and not supplant any existing funds for the prosecuting attorney. (Ord. 99-04, 1999; Res. 82-10, 1982).

3.32.020 Budget - Expenditures.
The prosecuting attorney shall submit an appropriate budget for the victim/witness funds and that the expenditure of the fund shall be subject to the adoption of the budget and approval of the plan by the Department of Labor and Industries. (Ord. 99-04, 1999; Res. 82-10, 1982).

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Chapter 3.36
COMPUTER DEBT SERVICE FUND

(Repealed by Ord. 99-04)

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Chapter 3.40
PROPERTY TAX REFUNDS

Sections
3.40.010 Petitions - Filing requirements.
3.40.020 Issuance - Review requirements.

3.40.010 Petitions - Filing requirements.
Petitions for refund of taxes under Chapter 84.69 RCW shall be filed with the Treasurer or the assessor on forms provided by the assessor. The assessor shall review all petitions for refund that involve issues within the assessor's statutory responsibilities and determine whether the provisions of RCW 84.69.020 or RCW 84.60.050 are satisfied. The assessor shall forward all petitions to the county Treasurer with an indication of whether the assessor determined that the provisions of RCW 84.69.020 or RCW 84.60.050 were satisfied, were not satisfied, or if no such determination was made because the issues involved were not within the assessor's statutory responsibilities. (Ord. 99-04, 1999; Ord. 89-7 § 1, 1989).

3.40.020 Issuance - Review requirements.
If the Treasurer receives a petition from the assessor with an indication by the assessor that the provisions of RCW 84.69.020 or RCW 84.60.050 have been satisfied and if the Treasurer determines that the petition was filed within the time limits set forth in RCW 84.69.030, the Treasurer shall grant the petition and issue a tax refund to the petitioner. If the Treasurer receives a petition involving issues outside of the assessor's statutory responsibilities that therefore has not been reviewed to determine whether the provisions of RCW 84.69.020 were satisfied, the Treasurer shall make such a review. After review, if the Treasurer finds that the provisions of RCW 84.69.020 are satisfied and that the petition was timely filed, the Treasurer shall grant the petition and issue a tax refund to the petitioner. (Ord. 99-04, 1999; Ord. 89-7 § 2, 1989).

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Chapter 3.44
ENHANCED 911 EXCISE TAX

Repealed by Ord. 2010-009, 2010.

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Chapter 3.45
ENHANCED E911 EXCISE TAX

Sections
3.45.010 Effective Date of Tax.
3.45.015 Telephone Switched Access Line Excise Tax.
3.45.020 Radio Access Lines Excise Tax.
3.45.025 Interconnected Voice Over Internet Protocol Service Lines Excise Tax.
3.45.030 Use of proceeds.
3.45.035 Tax Collection.
3.45.040 Remittance and Deposit of Taxes.
3.45.045 Notice to Local Exchange Companies, Radio Communications Service Companies, and Interconnected Voice Over Internet Protocol Service Companies.
3.45.050 Severability.

3.45.010 Effective Date of Tax.
The effective date of the tax imposed in this chapter shall be January 1, 2011. (Ord. 2010-009, 2010)

3.45.015 Telephone Switched Access Line Excise Tax.

1. An excise tax in the amount of $0.70 per month for each telephone switched access line, as defined in RCW 82.14B.020 , is imposed on each switched access line in Kittitas County.
2. Taxes imposed under this section shall be collected from the user by the local exchange company, as defined in RCW 82.14B.020 , providing the switched access line. The local exchange company shall state the amount of tax separately on the billing statement which is sent to the user. (Ord. 2010-009, 2010)

3.45.020 Radio Access Lines Excise Tax.

1. An excise tax in the amount of $0.70 per month for each radio access line by subscribers whose place of primary use is Kittitas County is imposed on each radio access line.
2. An excise tax in the amount of $0.70 per retail transaction within Kittitas County for consumers of prepaid wireless telecommunications services.
3. Taxes imposed under this section shall be collected by each radio communications service company, providing radio access lines to end users whose place of primary use is Kittitas County, each company that resells radio access lines to end users whose place of primary use is Kittitas County, and each seller of prepaid wireless telecommunications services. The radio communications service company or seller shall state the amount of tax separately on the billing statement which is sent to the user.
4. The definitions contained in RCW 82.14B.020, and as further amended, are adopted by reference for the purposes of this section. (Ord. 2013-014, 2013; Ord. 2010-009, 2010)

3.45.025 Interconnected Voice Over Internet Protocol Service Lines Excise Tax.

1. An excise tax in the amount of $0.70 per month for each interconnected voice over internet protocol service line, as defined in RCW 82.14B.020 , is imposed on each interconnected voice over internet protocol service line whose place of primary use is Kittitas County.
2. The amount of tax shall be uniform for each line and must be levied on no more than the number of voice over internet protocol service lines on an account that are capable of simultaneous unrestricted outward calling to the public switched telephone network.
3. Taxes imposed under this section shall be collected by each interconnected voice over internet protocol service company providing interconnected voice over internet protocol service to end users whose place of primary use is Kittitas County. The interconnected voice over internet protocol service company shall state the amount of tax separately on the billing statement which is sent to the user.
4. To the extent that a local exchange carrier and an interconnected voice over internet protocol service company contractually jointly provide a single service line, only one service company is responsible for remitting the enhanced 911 excise taxes, and nothing in this Chapter precludes service companies who jointly provide service from agreeing by contract which of them shall remit the taxes collected. (Ord. 2010-009, 2010)

3.45.030 Use of proceeds.
The proceeds of this tax shall be used for an "enhanced 911 telephone system" as defined in RCW 82.14B.020. (Ord. 2010-009, 2010)

3.45.035 Tax Collection.
Kittitas County must contract with the Washington State Department of Revenue for the administration and collection of the excise tax as proscribed in Section 4, Chapter 19, Laws of 2010 1st Special Session. (Ord. 2010-009, 2010)

3.45.040 Remittance and Deposit of Taxes.
Each local exchange company, radio communications service company, each seller of prepaid wireless telecommunications services, and interconnected voice over internet protocol service company shall remit all taxes to the Washington State Department of Revenue ("Department") on a tax return provided by the Department. The taxes are due as provided in RCW 82.14B.061. (Ord. 2013-014, 2013; Ord. 2010-009, 2010)

3.45.045 Notice to Local Exchange Companies, Radio Communications Service Companies, and Interconnected Voice Over Internet Protocol Service Companies.
Notice of the tax shall be provided by Kittitas County to all the local exchange companies, radio communications service companies, each seller of prepaid wireless telecommunications services, and interconnected voice over internet protocol service companies serving in the County at least 60 days in advance of the date on which the first payment is due. (Ord. 2013-014, 2013; Ord. 2010-009, 2010)

3.45.050 Severability.
If any provision or section of this Chapter shall be held invalid, all other parts, provisions and sections of this Chapter shall continue in full force and effect. (Ord. 2010-009, 2010)

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Chapter 3.46
CURRENT USE OPEN SPACE LAND PROGRAM AND PUBLIC BENEFIT RATING SYSTEM

Sections
3.46.010 Purpose
3.46.020 Administration
3.46.030 Authority and compliance
3.46.040 Scope
3.46.050 Definitions
3.46.060 Eligibility
3.46.070 Application
3.46.080 Application review
3.46.090 Natural resource category priorities and point system
3.46.095 Agriculture preservation
3.46.100 Calculation of value reduction
3.46.110 Assessed valuation schedule
3.46.120 Improvements on open space properties
3.46.130 Signs
3.46.140 Agreements
3.46.150 Participation period
3.46.160 Enforcement

3.46.010 Purpose.

The purpose of this Ordinance is to encourage the maintenance, preservation, conservation, and otherwise continue in existence adequate open space lands for the production of food and fiber and to assure the use and enjoyment of natural resource and scenic beauty for the economic and social well-being of the citizens of Kittitas County. Further, the Ordinance is so designed as to permit the continued availability of open space lands through the adoption of a benefit rating system and a potential reduction in assessed value for lands that qualify. (Ord. 2014-015, 2014)

3.46.020 Administration.

The County Assessor and the Kittitas County Legislative Authority or designee is vested with the duty of administering, implementing, and interpreting the provisions of this Ordinance. They may prepare and/or require the use of such forms and information as deemed necessary to administer the provisions of this Ordinance. (Ord. 2014-015, 2014)

3.46.030 Authority.

Kittitas County adopts this Ordinance under the authority and requirements of Chapter 84.34 RCW. All lands proposed for acceptance into the current use open space land program shall be in full compliance with all applicable Kittitas County codes. (Ord. 2014-015, 2014)

3.46.040 Scope.

This Ordinance shall apply to all public and private lands situated within Kittitas County over which Kittitas County has jurisdiction under the constitutions and laws of the State of Washington and of the United States and shall set forth minimum standards in addition to such other standards that may be applicable. (Ord. 2014-015, 2014)

3.46.050 Definitions.

Those definitions set forth in RCW 84.34.020 and WAC 458-30-200, as adopted and hereafter amended, are hereby incorporated by reference and shall govern and control the application and interpretation of this Ordinance. In the case of reference to a specific Kittitas County Code regulation, the definitions within the referenced regulation (for example, the shoreline master program) shall prevail. The following definitions also apply:

1. "Assessor" means the Kittitas County Assessor.
2. "Board" means the Kittitas County Board of County Commissioners
3. "Department" means the Kittitas County Community Development Services.
4. "Designee” means the personnel directed by the Board to act in their behalf.
5. "Development" means structural or land use action
6. "Program" means the Current Use Open Space Land Program and Public Benefit Rating System. (Ord. 2014-015, 2014)

3.46.060 Eligibility.

1. All lands within Kittitas County are subject to RCW 84.34.037(1)(7) and may be eligible to be reviewed for enrollment in this program, provided:
   1. The property proposed for enrollment contains at least one priority resource described in KCC 3.46.090; and
   2. The property meets the minimum enrollment requirements of the public benefit rating system found in KCC 3.46.100 (a); and
   3. All fees, assessments, and taxes are paid in full; and
   4. The property shall be in full compliance with all provisions of this Ordinance, all applicable Kittitas County codes, and RCW 84.34.
2. The following lands or portions thereof, are not eligible for enrollment under this Ordinance:
   1. Designated open space areas or buffers required as part of an approval for zoning, land use or subdivision requirements other than a cluster or conservation plat;
   2. Lands or portions thereof which require a membership, are commercial endeavors, or charge rental for such use, including, but not limited to public or private golf courses, country clubs, campgrounds, ski/biking areas and rental parking, and Recreational Vehicle parks.
   (Ord. 2014-015, 2014)

3.46.070 Application.

Applications for enrollment under this Ordinance, together with the specified fee, shall be filed with the Assessor. The accuracy and completeness of the applications shall be the responsibility of the applicant. The applications shall, at a minimum, contain the following:

1. The applicant shall submit a non-refundable application fee as required by Kittitas County.
2. Completed and signed Open Space application provided by the Washington State Department of Revenue; and
3. A Site Plan Packet of the property including but not limited to;
   1. A scaled drawing on an 11" by 17" sheet of paper showing the property boundaries and any existing or proposed buildings upon the site, and the location of any gates, fences, or other access obstructions;
   2. A legal description of the property, parcel or map number, and total number of acres considered for enrollment;
   3. A narrative statement describing the resources present, with verification as required by Section 3.46.080
   4. A detailed narrative description of the method and proposed rules for public access,;
   5. A certification of payment for property taxes from the county Treasurer prior to recording of the open space agreement that all taxes, assessments, fees, fines, penalties, and/or judgments, outstanding against a parcel of land have been satisfied.
   6. Multiple parcels adjacent to one another may be consolidated and reviewed under a single application upon approval of a lot combination per KCC 16.08.055.
   (Ord. 2014-015, 2014)

3.46.080 Application Review.

The following time line shall be used for the processing of all applications for enrollment:

1. The processing schedule that follows intends to (1) provide that applications will be approved or denied within six (6) months following the date the application is deemed complete; and (2) allow sufficient time for County staff to evaluate the applications.
2. Applications will be accepted during either of two (2) submittal periods as follows:
   1. Applications received during the period January through April shall be reviewed for eligibility during the period May 1st through June 30th. Applications shall be deemed complete by July 1st of each year, and shall be approved or denied by the County legislative authority by December 31st.
   2. Applications received during the period July 1st through October 31st shall be reviewed for eligibility during the period November 1st through December 31st. Applications shall be deemed complete by December 31st of each year, and shall be approved or denied by the County legislative authority by July 1st of the following year.
   3. Applicants whose submittal is deemed incomplete or ineligible shall be notified as soon as reasonably possible in order to identify additional information required to make the application complete, or to give the applicant an opportunity to withdraw the application.
3. An application shall be effective for six (6) months. The continuance of an application beyond six (6) months shall constitute a new application and new application fees apply. The Department may waive the additional application fee or extend the application six (6) months if it is determined that administrative review is responsible for the application delay.
4. Public Hearing:
   1. Upon determining the application complete and following a review by staff of the application, a date and time for a public hearing will be set before the Board of County Commissioners for public hearing. Staff will provide a report and recommendation regarding each case.
   2. A notice of the application shall follow Kittitas County Code 15A.03.060.
   3. The notice of the application and public hearing will be sent to all applicable County, State, and federal agencies with interest, for a thirty (30)-day comment and review period.
   4. Decision-making by the Board shall occur after a public hearing is held obtaining written record from the public, oral testimony, staff presentation of the application on the proposed action. The Department shall notify the Assessor and the landowner of the approval of an application for enrollment under this Ordinance. All denials of an application shall be in writing to the land owner and shall include the reasons for denial.
5. In determining whether an application for open space land classification or reclassification should be approved all or in part as stipulated in RCW 84.34.037, the Board of Commissioners will take cognizance of the benefits to the general welfare of preserving the current use of the property which is the subject of application, and shall consider at a minimum the following:
   1. The resulting revenue loss or tax shift;
   2. Whether granting the application will:
      1. Conserve or enhance natural, cultural, or scenic resources;
      2. Protect streams, stream corridors, wetlands, natural shorelines, floodways and aquifers;
      3. Protect geologically hazardous, landslide, or seismic areas;
      4. Protect soil resources and unique or critical wildlife and native plant habitat;
      5. Promote conservation principles by example or by offering educational opportunities;
      6. Enhance the value of abutting or neighboring parks, forest, wildlife preserves, nature reservations, sanctuaries, or other open space;
      7. Preserve historic and archaeological sites;
      8. Preserve visual quality along highway, road, and street corridors or scenic vistas; and
      9. Affect any other factors relevant in weighing benefits to the general welfare of preserving the current use of the property.
6. Any appeal of the action for denial or approval of the decision will be filed before Superior Court.
7. In the event a parcel is conveyed while approval of a timely application is pending, the purchaser or transferee shall, upon written request to the department within thirty (30) days from recording of sale, be given the same consideration as the original applicant. The purchaser or transferee shall assume the original applicant's rights and responsibilities in the application process. The purchaser or transferee shall be required to satisfy all requirements that otherwise would have been required. (Ord. 2014-015, 2014)

3.46.090 Natural Resource Category Priorities and Point System.

The intent of the public benefit rating system is to evaluate the retention of "resources and public access" that may be contained on parcels of land in Kittitas County. Several categories of resources are identified for scoring in this system. A maximum of fifty-five percent (55%) reduction in assessed value for all or a portion of a parcel may result from enrollment in this program, and can qualify for as much as seventy-five percent (75%) reduction with enrollment and bonus evaluation per KCC 3.46.100. The parcel, or portion thereof, is assigned a rating and given a percentage of reduction in assessed value for that portion of land that qualifies. The rating and percentage of reduction is dependent upon the type of resource(s) found on the parcel and will be based upon the importance of the resource to the entire Kittitas County environmental system. The application for value reduction will be considered when:

1. Development, other than a single family home, is allowed but not exercised by the landowner for purposes of retention of the resource; or
2. Development allowed by Code cannot occur as a result of resource restriction such as large wetlands, large floodways, historic grounds or similar limitations.

Each environmental characteristic related to "open space" will be rated by the following system.

1. High Priority Resources. High priority resources may receive as many as three (3) points for each resource involved in the application, depending upon circumstances of the property. Resources shall be verified pursuant to KCC 3.46.100(2).
   1. Archaeological Site. (3 points)
      1. Definition. All known sites and locations of pre-historical or archaeological interest, including but not limited to burial sites, camp sites, rock shelters, caves and the artifacts and implements of the culture.
      2. Source. Location and details of known sites are on file at Washington State Office of Archaeology and Historic Preservation.
      3. Eligibility. Eligible sites are those which are on file at the Washington State Office of Archaeology and Historic Preservation, or verified by an expert in the field as containing the same features and acceptable by the Office of Archaeology and Historic Preservation for addition to their inventory. If a site is considered as an archaeological site, it will not receive points as a historic site.
   2. Historical Site (3 points).
      1. Definition. A building, structure or site which is of significance to the county's cultural heritage including, but not limited to, Native American and pioneer settlements, old buildings, forts, trails, landings, bridges or the sites thereof together with interpretive facilities, and which are identified in the Washington Heritage Register or the National Heritage Register.
      2. Source. No comprehensive inventory has been done by the County to date. Refer to state or national registers and inventories at the State Office of Archaeology and Historic Preservation and/or the Kittitas County Historical Society.
      3. Eligibility. Eligible sites must be listed in the Washington Heritage Register or the National Heritage Register. If a site is considered as a historic site, it will not receive points as an archaeological site.
   3. Shoreline Environment. (Up to 3 points)
      1. Definition. A lake or stream shoreline and its "associated wetlands" designated by the Kittitas County Shorelines Master Program.
      2. Source. Official shoreline master program map or associated documents.
      3. Eligibility. Eligible lands are those identified either partially or wholly as shoreline environment and their associated wetlands in the Kittitas County shorelines master program and will be granted a proportion of total points based upon the amount of circumference of property boundary adjacent to an Ordinary High Water Mark (OHWM). Those properties with less than fifteen percent (15%) of the property boundary circumference subject to Shoreline regulations will receive one (1) point. Those properties having up to twenty-five percent (25%) of the property boundary circumference subject to Shoreline regulations will receive two (2) points. Those properties with over twenty-five percent (25%) of the property boundary circumference subject to Shorelines regulations will receive three (3) points.
   4. Special Animal Sites. (Up to 3 points)
      1. Definition. Habitat for those animal species defined by Washington State Department of Fish and Wildlife (WDFW) as being either an endangered, threatened or sensitive species or those animal species identified as Level I Habitat on the Washington State Department of Fish and Wildlife Priority Habitat Species (PHS) maps.
      2. Source. Washington State Department of Fish and Wildlife (WDFW), Kittitas County Planning and Building Department's Critical Area maps.
      3. Eligibility. Eligible sites are those with a documented occurrence of an endangered, threatened or sensitive species, or those animal species identified as Level I Habitat on the Washington State Department of Fish and Wildlife Priority Habitat Species (PHS) Maps. Those properties with less than fifty percent (50%) of the property within identified special animal sites will receive two (2) points and those with fifty percent (50%) or more will receive (3) points.
   5. Special Plant Sites
      1. Definition. Those areas where plant species listed by the Washington State Department of Natural Resources (WSDNR) Natural Heritage Program as being either an endangered, threatened or sensitive plant species are located in areas greater than ten (10) acres in size.
      2. Source. Location and details of known sites are on file in the WSDNR – Natural Heritage Database.
      3. Eligibility. Eligible sites are those in the WSDNR – Natural Heritage Database. Individual sites must be verified. Those properties with less than fifty percent (50%) of its area in identified special plant sites will receive one (1) point and those properties with fifty percent (50%) or more of the area in identified special plant sites will receive three (3) points.
   6. Category I and II Wetlands. (Up to 3 points)
      1. Definition. All Category I wetlands and Category II wetlands over 2,500 square feet.
      2. Source. National Wetlands Inventory maps, Critical Area Maps, certified wetland biologist.
      3. Eligibility. Eligible lands are those meeting the above definition. Not eligible for other points relating to the wetland are waters designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area in identified Category I and II wetlands, and the required buffers and setbacks not regulated by SMP, will receive two (2) points, and those properties with fifty percent (50%) or more of the area in identified Category I and II wetlands will receive three (3) points. These points can be added to any points for other category wetlands upon the site.
   7. Major Lakes, Ponds and Streams.
      1. Definition. Lakes and ponds, over one acre in size, and creeks and streams classified as Type 2 (or other state equivalent) as defined by WAC 222-16-030, located within a well-defined channel, that carry a perennial flow throughout the year and are used in the life cycles of anadromous fish, based on data compiled by the Washington State Department of Fish and Wildlife or other agency with expertise, and are not in a previously described "shoreline environment."
      2. Source. Washington State of Department of Fish and Wildlife (WDFW), and Washington State Department of Natural Resources (DNR).
      3. Eligibility. Eligible lands are those meeting the definition above and are not waters designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area ponds and streams not regulated by SMP will receive two (2) points, and those properties with fifty percent (50%) or more of the area with identified ponds and will receive three (3) points. Properties with a stream transmitting to two (2) property boundaries will receive two (2) points.
   8. Floodplains or Floodways
      1. Definition. Properties which contain floodways or 100-year floodplains as designated by the Kittitas County critical areas maps or by the Federal Emergency Management Agency flood maps.
      2. Source. Federal Emergency Management Agency flood maps or the Kittitas County critical area maps.
      3. Eligibility. Eligible lands are those that meet the definition above. Not eligible under this are waters and lands designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area in identified Floodways and Floodplains will receive two (2) points and those properties with fifty percent (50%) or more of the area in identified special plant sites will receive three (3) points. Those parcels on buildable lands entirely located within 100-year floodplains may be eligible for bonus points.
   9. Geologically Hazardous Areas.
      1. Definition. Properties which contain areas that poses potential threats to life or property because of unstable soil, geologic or hydrologic conditions or steep slopes. This includes all landslide and seismic hazard areas.
      2. Source: Federal Emergency Management Agency, Washington State Department of Ecology, Washington State Department of Natural Resources (Division of Geology and Earth Resources), and/or geologic or geo-technical experts.
      3. Eligibility. Eligible lands are those that meet the definition above. Those properties with less than fifty percent (50%) of its area in this category will receive two (2) points and those properties with fifty percent (50%) or more of the area in identified as geologically hazardous will receive three (3) points.
2. Medium Priority Resources. Medium priority resources shall receive up to two (2) points. Resources shall be verified pursuant to KCC 3.46.100(2)
   1. Public Lands Buffer.
      1. Definition. Lands lying adjacent to public-owned parks, forests, wildlife preserve, natural reservations or sanctuaries.
      2. Source. Any city or county comprehensive plan, parks and recreation plan, or map showing ownership.
      3. Eligibility. Lands being buffered shall be in public ownership as shown on the Kittitas County Assessor's tax records. Two (2) points will be awarded lands with fifty percent (50%) or more of any one property line must border the public lands. This does not include airports, well sites, or other infrastructure sites for cities, towns, and county, nor does this include lands under KCC 3.46.060(2).
   2. Minor Lakes, Ponds and Streams.
      1. Definition. Lakes and ponds, under one (1) acre in size, and creeks and streams classified as Type 3, 4, and 5 (or other state equivalent) as defined by WAC 222-16-030, located within a well-defined channel, that carry a perennial flow throughout the year and are used in the life cycles of an anadromous fish, based on data compiled by the Washington State Department of Fish and Wildlife or other agency with expertise, and are not in a previously described "shoreline environment."
      2. Source. Washington State Department of Fish and Wildlife, Washington State Department of Natural Resources,
      3. Eligibility. Eligible lands are those meeting the definition above. Not eligible under this category are waters designated within the Shorelines Management Program (SMP) this category are waters designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area in identified minor lakes and streams not regulated by SMP will receive one (1) point and those properties with fifty percent (50%) or more of the area in identified minor lakes and streams will receive two (2) points.
   3. Scenic Vistas.
      1. Definition. An area of natural features which is visually significant to the aesthetic character of the county and is visible from a historically significant or scenic public right-of-way.
      2. Source. No inventory available.
      3. Eligibility. Lands under this resource category must be visible from historically significant or designated scenic highways and recognized by a public agency or non-profit scenic preservation organization. Such lands with more than 40 acres devoted to preserving such views will receive two (2) points.
   4. Category III Wetlands.
      1. Definition. All Category III wetlands over 2,500 square feet
      2. Source. National Wetlands Inventory maps, Kittitas County Planning and Building Department, wetlands expert.
      3. Eligibility. Eligible lands are those meeting the above definition. Not eligible for points relating to the wetland are waters designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area in identified Category III wetlands not regulated by SMP will receive one (1) point and those properties with fifty percent (50%) or more of the area in identified special plant sites will receive two (2) points. These points can be added to any points for other category wetlands upon the site.
3. Low Priority Resources. Low priority resources shall receive one point. Resources shall be verified pursuant to KCC 3.46.100(2).
   1. Fee Recreation and Public Access Parking.
      1. Definition. An area that has designated parking for the public and fee recreational activities. All recreational activities and fees collected must be administered by a nonprofit organization. The nonprofit organization shall have qualified and be certified as a nonprofit organization under Internal Revenue Code Section 501 (c)(3).
      2. Source. None.
      3. Eligibility. Eligible sites are those in which the recreational activity is present, and parking is provided. The site shall not have been developed to its maximum potential under its current zoning classification to receive one (1) point.
   2. Category IV Wetlands.
      1. Definition. All Category IV wetlands over 10,000 square feet.
      2. Source. National Wetlands Inventory maps, Kittitas County Planning and Building Department, wetlands expert.
      3. Eligibility. Eligible lands are those meeting the above definition. Not eligible for other points relating to the wetlands are waters designated within the Shorelines Management Program (SMP). Those properties with less than fifty percent (50%) of its area in identified Category IV wetlands will receive no points and those with fifty percent (50%) or more of the area in identified Category IV wetlands will receive one (1) point. This point can be added to any points for other category wetlands upon the site.
   3. Urban Growth Area Open Space.
      1. Definition. Lands located within one-half mile of the corporate boundary of a town or city and designated by city or town comprehensive plan as a conservancy, park, or open space and are not required to exist as a result of conditions for approval of land use actions (such as rezones and subdivisions.
      2. Source. Local city or town comprehensive plan.
      3. Eligibility. Lands meeting the definition above will receive one (1) point.
   (Ord. 2014-015, 2014)

3.46.095 Agriculture Preservation.

Applications for designation as farm and agricultural conservation land under RCW 84.34.020(1)(c) shall be accompanied by a farm management plan, prepared by a qualified agronomist, that demonstrates how the property will be returned to a level of production within six (6) years after designation as farm and agricultural conservation land that results in the land being reclassified as farm and agricultural land under RCW 84.34.020(2). The County Assessor is authorized to remove land from designation as farm and agricultural conservation land six (6) years after designation by the Board of County Commissioners, regardless of whether it is transferred to another designation. Land classified by the Board of Commissioners as farm and agricultural conservation land shall be eligible for an assessed fair market value reduction of fifty (50) percent. (Ord. 2014-015, 2014)

3.46.100 Calculation of Value Reduction.

1. Determination of Resource Applicability. The County staff in its review of the application, shall indicate within report or letter, its determination of applicability for all resources based upon the points permitted for each resource as shown on the Table below in KCC 3.46.100.
2. Verification of Eligible Resources. The County may request potentially eligible resources to be verified by specialist or a qualified agency. This may include, but not be limited to, Washington State Department of Fish and Wildlife, Washington State Department of Natural Resources -Natural Heritage Program, Washington State Department of Archaeology and Historic Preservation, or Washington State Department of Ecology. When no resource data exists for a particular parcel, but the property owner believes that the specific resource is present, the owner may provide to the County a report prepared by a qualified professional specializing in that area of expertise including, but not limited to botanist, wildlife manager, wetland biologist or geologist. The County shall utilize the written report and any comments from the agency in determining whether the parcel is eligible for specific resource points for public benefit.
3. Additional open space value reduction can be obtained for each enhanced resource as listed below.
   1. Conservation Easement. A bonus for value reduction will be provided when offering conservation that permanently preserves the resource on the property. A conservation or historic easement is a legal means by which a landowner can voluntarily set permanent limitations on the future use of land thus protecting the land's particular attributes. The easement is conveyed, through recorded documents, to a qualifying conservation organization or public agency, but the land remains in private ownership and the owner retains full control over public access. A conservation easement shall include those interests or rights authorized to be held or acquired by RCW 84.34.210 or 64.04.130. Historic easements apply to historically important land areas and to historic structures that are listed on the National Register of Historic Places (or are located in and contribute to the historic significance of a National Register Historic District). The easement typically results in a limitation on land development or structure modification which will ensure the ongoing preservation of a historic parcel of land or a historic structure and its setting. If a bonus is awarded for a conservation easement, a bonus shall not be awarded for restoration/enhancement.
   2. Restoration/Enhancement. A bonus will be provided for restored and/or enhanced resources including, but not limited to, Native American lands restoration, wildlife habitat preservation, and/or endangered species protection. At least one (l) resource must be present in order to qualify for the bonus. Restoration and enhancement plans are required and must be completed and inspected by a qualified professional. If a bonus is awarded for a restoration/enhancement, a bonus shall not be rewarded for a conservation easement.
   3. A bonus will be provided for provision of public access to natural resource lands such as public forests, trails, streams or lakes. Except as outlined below, public access to the enrolled property and the features and resources contained therein is required. The applicant may determine the method and rules for public access, subject to approval by the Board. Applications for the public access program may include proposed rules for public access, which may include, but is not limited to, not allowing motor vehicle usage, not permitting hunting or fishing, and/or not allowing firearms on the property. If access to the enrolled property involves the crossing of adjacent properties or using a private easement not owned by the applicant, the applicant must supply documentation that the public may cross such adjacent properties to access the enrolled property. Such documentation shall be recorded with the Kittitas County Auditor and shall extend through the life of the open space agreement.

      The bonus will not be awarded if public access is determined to be detrimental to:

      1. endangered, threatened, or sensitive plant or animal species verified in the field by qualified personnel from the appropriate agency; or
      2. known archaeological, historical, or tribal cultural sites verified in the field by qualified personnel from the appropriate agency.
   4. Any entity, organization, or person placing whole parcels of land in conservation in perpetuity shall receive an eighty-five percent (85%) reduction in assessed market value.
   (Ord. 2014-015, 2014)

3.46.110 Assessed Valuation Schedule.

The reduction in market value of the qualifying land enrolled in this program is determined by reducing the market value of the qualifying land by a percentage, up to a maximum fifty-five percent (55%) unless a bonus is awarded per KCC 3.46.100(b). The relationship of public benefit points to percentage of assessed value reduction is presented in the following table:

Total Eligibility Points	Percent Reduction in Assessed Market Value
0 to 3 points	0% reduction in value
4 to 6 points	10% reduction in value
7 to 10 points	30% reduction in value
11 to 13 points	50% reduction in value
14 to 15 points	55% reduction in value
With One Bonus	10% additional reduction in value
With Two Bonuses	20% additional reduction in value
Conservation in Perpetuity	85% reduction in value

(Ord. 2014-015, 2014)

3.46.120 Improvements on Open Space Properties.

When determining eligibility of a parcel for enrollment under this ordinance that includes structural improvements, a one-acre minimum improvement area or home-site will be excluded and not enrolled under this Ordinance. Covenants, conditions and restrictions (CC&Rs) or conservation easements may increase the improvement area to more than one acre depending on the language in the CC&Rs or the conservation easement. This also applies to potential building areas listed in the CC&Rs and the conservation easement. This improved area or potentially improved area will be assessed at market value as determined by the County Assessor. Any property with re-assessed value who wishes to have designations removed shall be subject to RCW 84.34. (Ord. 2014-015, 2014)

3.46.130 Signs.

1. Signs are required only when public access is required under the provisions of this Ordinance, the cost of which shall be the responsibility of the landowner. All signs shall:
   1. Be posted within ninety (90) days following enrollment in the program;
   2. Be purchased from Kittitas County as official current use open space public access signage;
   3. Be posted on the subject property's road frontage or nearest public road as deemed appropriate by the Board
   4. Be maintained at the landowner's expense in good condition for as long as the property is enrolled in the program. Failure to maintain or replace removed, missing, or damaged signs by the property owner may jeopardize enrollment in the program.
   5. Be approved at the time of enrollment in the program.
2. When public access is required under the provisions of this Ordinance, no signs shall discourage or prohibit public access. (Ord. 2014-015, 2014)

3.46.140 Agreements.

1. Hold Harmless. All owners of property enrolled in the program who are required to grant public access to the subject property shall execute and record a hold harmless agreement, releasing Kittitas County of any liability which may arise as a result of enrollment in the program. Such forms shall be provided by the department.
2. Upon approval by the board, an open space agreement between the county and landowner shall be signed and recorded with the auditor and may contain the conditions of continued enrollment under this Code. The agreement to tax land according to its current use is not a contract between the owners and the county. This agreement can be abrogated, annulled, or cancelled at any time by the state legislature in which event no additional tax, interest, and/or penalty shall be imposed, as specified by WAC 458-30-355. The open space agreement shall be processed as follows:
   1. Within five (5) calendar days after the approval of the application for enrollment under this Code, the department shall deliver by certified mail, return receipt requested, the agreement to the owner for signature.
   2. The owner may accept or reject the agreement.
   3. If accepted, the agreement shall be signed and returned to the Assessor within thirty (30) days after receipt. If the agreement is not returned to the department within thirty (30) days after receipt, the county shall presume the agreement has been rejected.
   (Ord. 2014-015, 2014)

3.46.150 Participation Period.

1. When land has been enrolled in the program, it shall remain under such classification and shall not be applied to another use except as provided by RCW 84.34.070(2), for at least ten 10 years from the date of the recording of the open space agreement and shall continue under such classification until and unless withdrawn from the classification after notice of request for withdrawal shall be made by the owner. During any year after eight years of the initial 10-year classification period have elapsed, notice of request for withdrawal of all or a portion of the land may be given by the owner to the County Assessor. In the event that a portion of a parcel is removed from classification, the remaining portion must meet the same requirements as did the entire parcel when such land was originally granted classification pursuant to this program. The County Assessor shall, when two assessment years have elapsed following the date of receipt of such notice, withdraw such land from such classification and the land shall be subject to the additional tax and applicable interest due under RCW 84.34.108.
2. When land which has been classified under this Ordinance is applied to some other use, such landowner shall notify the assessor within sixty (60) days of such change and shall be subject to the provisions of RCW 84.34.080.
3. The County Assessor and/or department may require an owner of land enrolled under this Ordinance to submit data relevant to the use of the land or other information pertinent to the continued classification of the land, as specified by WAC 458-30-270.
4. Property enrolled under this Ordinance may be sold or transferred to new owners subject to the provisions of WAC 458-30-275. (Ord. 2014-015, 2014)

3.46.160 Enforcement.

Property which has been approved under this Code, but which is found to be in violation of any terms of the open space agreement or condition of enrollment may be removed from the program and all applicable fees, penalties, and interest shall become due pursuant to Chapter 84.34 RCW. (Ord. 2014-015, 2014)

Title 4 | Fee Schedules*

Chapters
4.04 Health Department
4.08 Processing Fees
4.10 Community Development Services Fees
4.12 Sheriff's Fees
4.16 Public Works Fees
4.18 Electronic Access to Superior Court Dockets
4.20 Superior Court Arbitration Fees

* For provisions on duplication and filing fees of public records, see Chapter 2.56 KCC.

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Chapter 4.04
HEALTH DEPARTMENT*

Sections
4.04.010 Established.
4.04.020 Nonpayment of Fees.

* Prior history: Res. 79-9, previously codified in Chapter 8.08 KCC.

4.04.010 Established.
The fee schedules for the activities of the Kittitas County health department shall be set by annual resolution of the Board of Health. (Ord. 2005-27, 2005; Ord. 99-05; Res. 88-7, 1988).

4.04.020 Nonpayment of Fees.
The health officer may deny an application for a license or permit if the applicant has any outstanding monies owed to the Kittitas County Department of Public Health for permit fees, re-inspection fees, late fees, checks returned by the bank, civil penalties, or other applicable fees. (Ord. 2014-014, 2014)

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Chapter 4.08
PROCESSING FEES

Sections
4.08.010 Farm and agricultural use classification applications.
4.08.015 Designated forestland applications.
4.08.020 Repealed
4.08.030 Ratification of prior acts.

4.08.010 Farm and agricultural use classification applications.
Commencing July 20th, 2021, the County Assessor's office is hereby authorized and required to collect a nonrefundable processing fee for each farm and agricultural current use classification applications, as contemplated by RCW 84.34.030 as amended. The fee shall be set by resolution of the Board of County Commissioners. (Ord. 2021-008, 2021; Ord. 99-05; Ord. 8912 § 1, 1989).

4.08.015 Designated forestland applications.
Commencing July 20, 2021, the County Assessor's office is hereby authorized and required to collect a nonrefundable processing fee for each designated forestland application, as contemplated by RCW 84.33.130. Fee shall be set by resolution approved by the Board of County Commissioners. (Ord. 2021-008, 2021).

4.08.020 Open space use classification applications
Repealed by Ord. 2021-008, 2021.

4.08.030 Ratification of prior acts.
Any act consistent with the authority and prior to the effective date of the ordinance codified in this chapter is hereby ratified and confirmed. (Ord. 99-05; Ord. 89-12 § 3, 1989).

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Chapter 4.10
COMMUNITY DEVELOPMENT SERVICE FEES

Sections
4.10.010 Established.

4.10.010 Established. applications.
Fee schedules for the services provided by the Community Development Services shall be set by resolution approved by the Board of County Commissioners. (Ord. 2017-001, 2017)

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Chapter 4.12
SHERIFF'S FEES

Sections
4.12.010 Established.

4.12.010 Established.
Sheriff's fees and jail costs shall be collected by the Sheriff's Office for their official services and shall be set by resolution approved by the Kittitas County Board of Commissioners. (Ord. 2017-006, 2017; Ord. 99-05; Res. 86-87, 1986).

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Chapter 4.16
PUBLIC WORKS FEES

Sections
4.16.010 Established.

4.16.010 Established.
The fee schedules for the services provided by the Department of Public Works shall be set by resolution approved by the Board of county Commissioners. (Ord. 2017-001, 2017; Ord. 99-05, 1999; Res. 93-17, 1993)

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Chapter 4.18
ELECTRONIC ACCESS TO SUPERIOR COURT DOCKETS

Sections
4.18.010 Authority.
4.18.020 Fee Collection.
4.18.030 Access Contracts.
4.18.040 Established.

4.18.010 Authority.
Commencing May 15, 2018, the Kittitas County Clerk is hereby authorized and required to collect a nonrefundable registration fee of $35.00 for each registration application received seeking electronic access to superior court dockets. This fee shall apply to all natural persons that enter contracts to access these records. The access fee will not apply to employees of not-for-profit organizations or corporations whose primary purpose is provide access to justice for the poor and infirm, courts of limited and general jurisdiction, and government agencies and departments accessing electronic superior court records while in the performance of their official duties. (Ord. 2018-008, 2018)

4.18.020 Fee Collection.
The Kittitas County Clerk will determine and adopt the appropriate procedures for the collection of the access fee. (Ord. 2018-008, 2018)

4.18.030 Access Contracts.
The Kittitas County Clerk shall have the authority to approve and sign access agreements with natural persons desiring access to electronic superior court dockets. (Ord. 2018-008, 2018)

4.18.040 Established.
The access fee for electronic access to superior court dockets shall be set by resolution of the Kittitas County Board of Commissioners. (Ord. 2018-008, 2018)

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Chapter 4.20
SUPERIOR COURT ARBITRATION FEES

Sections
4.20.010 Authority.
4.20.020 Fee for Requesting Arbitration.
4.20.030 Fee for Trial De Novo.

4.20.010 Authority.

The following fees are set at the request of the Presiding Judge of the Superior Court pursuant to the Authority of RCW 36.18.016 (25) and (26). (Ord. 2022-013, 2022)

4.20.020 Fee for Requesting Arbitration.

The fee for requesting civil arbitration shall be $250 and allocated as directed by RCW 36.18.016 (25). (Ord. 2022-013, 2022)

4.20.030 Fee for Trial De Novo.

The fee for requesting trial de novo of a civil arbitration award shall be $400. (Ord. 2022-013, 2022)

 

Title 9 | Public Peace, Safety and Morals

Chapters
9.04 Repealed
9.08 Repealed
9.10 Boating Safety
9.12 Repealed
9.16 Motor Boats Prohibited on Cooper Lake
9.17 Boating on Gladmar Pond and Lavender Lake
9.18 Boating on Little Kachess Lake
9.20 Hunting Restrictions with High Powered Rifles
9.21 Supervised Hunting
9.24 Repealed
9.28 Repealed
9.30 Fireworks
9.32 Repealed
9.40 Firearms
9.45 Noise Control
9.50 Parks
9.55 Regulating Public Camping
9.60 Repealed
9.70 Alarm Systems

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Chapter 9.04
CURFEW

(Repealed by Ord. 99-09)

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Chapter 9.08
DEPOSITING TRASH IN PUBLIC LAKES

(Repealed by Ord. 94-21)

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Chapter 9.10
BOATING SAFETY

Sections
9.10.010 Legislative findings - Purpose.
9.10.020 Definitions.
9.10.025 Public access area signs and buoys.
9.10.030 Prohibition.
9.10.035 Unlawful wake zone.
9.10.040 Violation - Penalty.

9.10.010 Legislative findings - Purpose.
Recreational use of waters in Kittitas County has grown rapidly. Residents and visitors of Kittitas County use the waters of Kittitas County for swimming, boating, floating, wading, fishing and other recreational purposes. It is expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of the general public. This Chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 93-5 § 1, 1993).

9.10.020 Definitions.
Terms in this chapter shall mean as follows:

Motor Driven Vessels

All boats and vessels which are self-propelled by a motor. This does not include boats or vessels that are driven by wind energy or human effort. "Motor Driven Vessels" mentioned throughout the Chapter shall also include "personal watercraft" as defined herein.

Official motorized vessel

Any motor driven vessel which is operated by a person who is under the control, supervision or administrative authority of any local, state, or federal agency. "Official motorized vessel" includes private and governmental vessels which are engaged in search and rescue activities under the direction of the Sheriff of Kittitas County.

Operator

An individual who steers, directs, or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the helm.

Personal watercraft

A vessel of less than sixteen feet that uses a motor powering a water jet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

Vessel

Every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, small rafts, flotation devices or toys customarily used by swimmers.

Yakima River

The flowing portion of the Yakima River and any waters which result from the flow of the Yakima River and are connected to the Yakima River by water except for irrigation canals. The "Yakima River" includes its sloughs, backwaters and dammed portions. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 93-5 § 2, 1993)

9.10.025 Public access area signs and buoys.
Upon all waters in the County at public access areas where the waters are used extensively for swimming, launching and removing boats, and water skiing, there shall be designated by proper signs and markers locations of boat launching ramps, skiing areas, and swimming areas, as well as appropriately marked safety buoys as required to separate and define the said boat ramp approaches, skiing areas, and swimming areas for the safety of the public. The county road engineer may have such markers installed. It is unlawful for any unauthorized person to move or tamper with such buoys.  (Ord. 2011-02, 2011)

9.10.030 Prohibition.

1. There is established in the immediate vicinity of the Bureau of Land Management Roza Access Area a "zone" in which boat speed limit is five miles per hour and in which no wakes shall be created by motor driven vessels which are not official motorized vessels. The boundaries of this "zone" shall be determined and designated and signed jointly by the area manager of the Bureau of Land Management and the Kittitas County Sheriff's Office.
2. The operation of motor driven vessels which are not official motorized vessels is prohibited on the Yakima River from the upstream boundary of the boat speed "zone" established in subsection (1) of this section, to a line drawn by the downstream edge of the railroad trestle owned by Central Washington Railroad, which is southwest of SR 821 and visible from SR 821 at Mile Post 23.
3. A restrictive permit to allow short term operation of motor driven vessels on the Yakima River in areas previously unauthorized may be requested through the Sheriff or his designee. Such permit system will be operated in such a manner as to allow only persons with demonstrable needs for access to the restricted zone. Such persons would be allowed one yearly permit that could be activated upon appropriate notification to the Sheriff of activated dates. Permits would allow motor driven vessel operation only during the hours of daylight. Permits would be issued through the Sheriff's Office only after a written request is submitted and authorized. Any request for a permit must state specifically the reason for the request. Approval or denial of the permit request would rest solely with the Sheriff or his designee. Once authorized, motor driven vessels operating under this permit shall be limited to 20MPH. Any substantiated allegations of negligent or reckless vessel operation by any permit holder shall result in the immediate revocation and suspension of the permit and any related privileges. (Ord. 2011-02, 2011; Ord. 9909, 1999; Ord. 93-5 § 3, 1993; Ord. 2003-08, 2003)

9.10.035 Unlawful wake zone.
It is unlawful for any person to operate a motor driven vessel at a speed of more than five miles per hour and create any wakes when said motor driven vessel is within 150 feet of any swimmer, shoreline, dock, float, launching ramp, or non-motorized vessel. Exceptions to this subsection are the Yakima and Cle Elum Rivers and their tributaries. (Ord. 2011-02, 2011)

9.10.040 Violation - Penalty.
Any person, firm, or corporation who violates any of the sections of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars per violation, or both such imprisonment and fine. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 93-5 § 4, 1993).

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Chapter 9.12
MOTOR BOAT LICENSING - REGULATION OF OPERATION

(Repealed by Ord. 2011-02, 2011)

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Chapter 9.16
MOTOR BOATS PROHIBITED ON COOPER LAKE

Sections
9.16.010 Violation.
9.16.020 Motor driven boats and vessels defined.
9.16.030 Penalty.
9.16.040 Purpose.

9.16.010 Violation.
It is unlawful and a violation of this chapter to operate any motor driven boat, vessel or aircraft of any type on Cooper Lake located in Township 22 North, Range 13 East, Kittitas County, Washington. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 63-1 § 1, Vol. M, p. 517, 1963).

9.16.020 Motor driven boats and vessels defined.
For the purpose of this chapter "Motor driven boats and vessels" are defined as all boats and vessels which are self-propelled by a motor. This does not include boats or vessels that are driven by wind energy or human effort. "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, small rafts, flotation devices or toys customarily used by swimmers. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 63-1 § 2, Vol. M, p. 517, 1963).

9.16.030 Penalty.
Any person, firm, or corporation who violates any of the sections of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars per violation, or both such imprisonment and fine. (Ord. 2011-02, 2011).

9.16.040 Purpose.
It is expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of the general public. This Chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 2011-02, 2011)

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Chapter 9.17
BOATING ON GLADMAR POND AND LAVENDER LAKE

Sections
9.17.010 Repealed. (Ord. 2011-02, 2011)
9.17.015 Gasoline-powered motor driven boats and vessels - Prohibited.
9.17.017 Gasoline-powered motor driven boats and vessels defined.
9.17.020 Gasoline-powered motor boats - Penalty for violation.
9.17.030 Purpose.

9.17.015 Gasoline-powered motor driven boats and vessels - Prohibited.
It is unlawful and a violation of this chapter to operate any gasoline-powered motor driven boat or vessel on Lavender Lake, an inland body of water located within the borders of Kittitas County Township 20 North, Range 14 East. (Ord. 2011-02, 2011; Ord. 2006-42, 2006)

9.17.017 Gasoline-powered motor driven boats and vessels defined.
For the purpose of this chapter "Gasoline-Powered Motor driven boats and vessels" are defined as boats and vessels which are self propelled by gasoline motors. "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, small rafts, flotation devices or toys customarily used by swimmers. (Ord. 2011-02, 2011)

9.17.020 Gasoline-powered motor boats - Penalty for violation.
Any person, firm, or corporation who violates any of the sections of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars per violation, or both such imprisonment and fine. (Ord. 2011-02, 2011; Ord. 9909, 1999; Ord. 82-1 § 2, 1982).

9.17.030 Purpose.
It is expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of the general public. This Chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 2011-02, 2011)

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Chapter 9.18
BOATING ON LITTLE KACHESS LAKE

Sections
9.18.010 Speed of motor boats - Limited.
9.18.015 Motor driven boats and vessels defined.
9.18.020 Speed of motor boats - Penalty for violation.
9.18.030 Purpose.

9.18.010 Speed of motor boats - Limited.
It is unlawful and a violation of this chapter to operate any motor driven boat or vessel in excess of 10 miles per hour on Little Kachess lake, said lake being located in the northeast quarter and the northeast quarter of the southeast quarter of the southeast quarter of Section 32 and in Sections 17, 20 and 29, all in Township 22, Range 13 EWM, Kittitas County, Washington. (Ord. 2011-02, 2011; Ord. 99-09, 1999; Ord. 82-5 § 1, 1982)

9.18.015 Motor driven boats and vessels defined.
For the purpose of this chapter "Motor driven boats and vessels" are defined as all boats and vessels which are self-propelled by a motor. This does not include boats or vessels that are driven by wind energy or human effort. "Vessel" includes every description of watercraft on the water, other than a seaplane, used or capable of being used as a means of transportation on the water. However, it does not include inner tubes, air mattresses, sailboards, small rafts, flotation devices or toys customarily used by swimmers. (Ord. 2011-02, 2011)

9.18.020 Speed of motor boats - Penalty for violation.
Any person, firm, or corporation who violates any of the sections of this Chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars per violation, or both such imprisonment and fine. (Ord. 2011-02, 2011; Ord. 9909, 1999; Ord. 82-5 § 2, 1982)

9.18.030 Purpose.
It is expressly the purpose of this Chapter to provide for and promote the health, safety and welfare of the general public. This Chapter is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 2011-02, 2011)

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Chapter 9.20
HUNTING RESTRICTIONS WITH HIGH POWERED RIFLES*

Sections
9.20.010 Areas closed to use of high powered rifles.
9.20.020 Carrying loaded rifles unlawful.
9.20.030 Big game hunting exempt.
9.20.040 Penalty for violations.

* For the statutory provisions regarding game and game fish, see RCW Title 77, generally.

9.20.010 Areas closed to use of high powered rifles.
During any special or regular deer or elk high powered rifle hunting season in Kittitas County, the following areas in Kittitas County shall be closed to use of high powered rifles:

1. Area No. 1 - West Side, Lower Kittitas Valley.
   That area of Kittitas County bounded by a line, commencing at a point where the Taneum Creek enters the Yakima River, following the said Taneum Creek up stream to a point where the south branch of the Highline Canal crosses said Creek, thence southeasterly along the south branch of the Highline Canal to the intersection of the north line of Section 21, T. 17 N., R. 18, E.W.M., thence from said section line in an easterly direction following along the south boundaries of all irrigated lands to the Yakima River and thence upstream along the Yakima River to the point of beginning.
2. Area No. 2 - Cle Elum, Roslyn and Ronald.
   The south one-half of Section 30, Township 20 North, Range 16 E.W.M. That portion of Section 36 which lies north of Interstate 90; that portion of Section 25, 26, 27 and 22 which lies south of the Maple Valley Rocky Reach power line; the northwest one-quarter and the east one-half of Section 28; the south one-half and the northwest one-quarter of Section 21, the southwest one-quarter and the west one-half of the northwest one-quarter of Section 16; the north one-half and the southeast one-quarter of Section 18; and the southwest one-quarter of Section 7, all in Township 20 North, Range 15 E.W.M. The east one-half of the east one-half of the south one-half of Section 12 and the east one-half of the northeast one-quarter of Section 13, all in Township 20 North Range 14 E.W.M.
3. Area No. 3 - South Cle Elum, PeohPoint.
   That portion of Section 33 which lies east of the Yakima River. All of Sections 34 and 35 and that portion of Section 36 which lies south of the north R/W of Interstate 90, Township 20 North, Range 15 E.W.M. All of Sections 1, 2, 3, 4, 5, 6, 8 and 12, Township 19 North, Range 15 E.W.M., and all of Section 6, Township 19 North, Range 16 E.W.M.
4. Area No. 4 - North Side, Lower Kittitas Valley.
   That area of Kittitas County bounded by a line, commencing at a point on the Yakima River at the intake of the Cascade Canal in Section 18, Township 18 N., Range 18 E.W.M., thence following the Cascade Canal until it intersects US 97 in Section 8, Township 18 North, Range 18 E.W.M.; thence northerly along US 97 until it intersects with the north branch of the Highline Canal in Section 25, Township 19 North, Range 17 E.W.M., thence southeasterly along the centerline of the north branch of the Highline Canal until it intersects with the west R/W line of Wilson Creek Road; thence north along said west R/W line of Wilson Creek Road to the intersection with the north R/W line of the Charlton Road; thence east along the north R/W line of the Charlton Road to its intersection with the west section line of Section 27, T. 19 N., R. 19 E.W.M.; thence south along the west section line of Section 27, and 34, T. 19 N., R. 19, E.W.M., to the intersection with the north R/W line of the Thomas Road; thence easterly along the north R/W line of the Thomas Road to the intersection of the east R/W line of the Fairview Road; thence south along the east R/W line of the Fairview Road to the intersection with the centerline of the north branch of the Highline Canal; thence southeasterly along the said centerline of the north branch of the Highline Canal to the intersection with the north line of the SW 1/4 SE 1/4, Section 11, T. 18 N., R. 19 E.W.M.; thence east along the 1/16 line to a point intersecting the west R/W line of the Cooke Canyon Road; thence north along the west R/W line of the Cooke Canyon Road to the intersection with the 1/4 line of Section 6, T. 18, R. 20 W.M. Thence east along said 1/4 line to the intersection of the east section line of said Section 6, thence south along the said section line to the SE corner of said Section 6. Thence east along the south section line of Section 5, T. 18 N., R. 20 E.W.M. to a point intersecting the east R/W line of the Colockum Road; thence south along the east R/W line of the Colockum Road to the centerline of the north branch of the Highline Canal; thence southeasterly along the centerline of said north branch of the Highline Canal to the intersection with the Turbine Ditch in Section 33, T. 17 N., R. 20 E.W.M., thence southerly along the Turbine Ditch to a point where the Turbine Ditch intersects the north line of Section 4, Township 16, Range 20 E.W.M.; thence east along said north line of Section 4 and along the north boundary of Section 3 to the northeast corner of Section 3, thence south along the east boundary of Sections 3, 10, 15 and 22 to a point where the east line of said Section 22 intersects the pump lateral of the Kittitas County Reclamation District; thence northwesterly along the pump lateral to a point where said pump lateral intersects the east line of Section 4, Township 16 North, Range 19 E.W.M.; thence north along the east line of said Section 4, to the northeast corner of said Section 4, thence west along the north line of Sections 4, 5 and 6 to the southeast corner of Section 31, thence north along the east line of Section 31, Township 17 North, Range 19 E.W.M., to the northeast corner of the southeast one-quarter of Section 31; thence west along the north line of the south one-half of Section 31 to a point where it intersects the Yakima River, thence up stream along the Yakima River to the point of beginning.

(Ord. 2015-010, 2015; Ord. 99-09, 1999; Ord. 73-1 § 1, 1973).

9.20.020 Carrying loaded rifles unlawful.
During the deer and elk hunting season it is unlawful to carry loaded rifles of legal caliber for said hunting in said areas by any person or persons. (Ord. 99-09, 1999; Ord. 73-1 § 2, 1973).

9.20.030 Big game hunting exempt.
This chapter shall not apply to the hunting of big game under such seasons as may be established by the Washington State Department of Fish and Wildlife for bow and arrow hunting and further shall not apply to the lawful use of shotguns for big game hunting. (Ord. 2015-010, 2015; Ord. 99-09, 1999; Ord. 73-1 § 3, 1973).

9.20.040 Penalty for violations.
Any violation of this chapter is a misdemeanor and upon conviction shall be punished by not more than 30 days in the county jail and/or a fine of not more than $250.00, or both. (Ord. 99-09, 1999; Ord. 73-1 § 5, 1973).

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Chapter 9.21
SUPERVISED HUNTING

Sections
9.21.010 Department of Wildlife supervised hunts authorized.
9.21.020 Twenty-four hours prior notice of special hunts required.

9.21.010 Department of Wildlife supervised hunts authorized.
Notwithstanding any other provision in this code, it shall not be unlawful to discharge a firearm in any area of the county if such discharge is done under the supervision and control of Washington State Department of Wildlife in the course of special hunts authorized by the Department of Wildlife to protect property or to manage wildlife populations. (Ord. 99-09, 1999; Ord. 91-6, 1991).

9.21.020 Twenty-four hours prior notice of special hunts required.
No Department of Wildlife special hunts shall be conducted in areas otherwise restricted or controlled to the use of firearms unless the Department of Wildlife agent has notified the Kittitas County sheriff, in writing, at least 24 hours prior to such special hunt. (Ord. 99-09, 1999; Ord. 91-6, 1991).

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Chapter 9.24
TOPLESS WAITRESSES AND ENTERTAINERS

(Repealed by Ord. 99-09)

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Chapter 9.28
HARVESTING AND TRANSPORTING FIREWOOD

(Repealed by Ord. 99-09)

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Chapter 9.30
FIREWORKS*

Sections
9.30.010 Purpose.
9.30.020 Definitions.
9.30.030 Prohibition against discharge.
9.30.035 Fire Marshal's authority to prohibit discharge
9.30.040 Sale limits.
9.30.050 Type of fireworks allowed without permit.
9.30.060 Seizure of fireworks.
9.30.070 Penalty.
9.30.080 Other liabilities and legal rights not affected.
9.30.090 Effective date.

* Prior legislation: Ords. 92-13 and 94-12.

9.30.010 Purpose.
The board of county commissioners of Kittitas County recognizes that there are inordinately high risks to public health and safety within the unincorporated areas of Kittitas County due to fire hazards resulting from the sale and discharge of fireworks. It is necessary to protect the public health and safety by limiting the days upon which the sale of Class C (common) fireworks can occur in limiting the time during which said fireworks may be ignited. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.020 Definitions.
The words and phrases used for the purpose of this chapter shall have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning.

Common fireworks

Includes any fireworks which are designed primarily for sale at retail to the public during prescribed dates which produce visible or audible effects through combustion and are classified as common fireworks by the U.S. Bureau of Explosives or in the regulations in the U.S. Department of Transportation and designated at U.N. 0336 1.4G.

Person

Includes individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit.

Public display of fireworks

An entertainment feature where the public is admitted or permitted to view the display or discharge of special fireworks.

Sale at retail

Includes any sale or transfer, including contracts or orders for sales or transfers, wherein any person at a fixed location or place of business sells, transfers or gives fireworks to a consumer or user.

Sale at wholesale

Includes a sale or transfer to a retailer or any other person for resale, and which also includes any sale or transfer of special fireworks to public display licensees.

Agricultural and wildlife fireworks

Includes fireworks devices distributed to farmers, ranchers, and growers, through a wildlife management program administered by the United States Department of Interior.

Fireworks

Any composition or device, in a finished state, containing any combustible or explosive substance for the purposes of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and classified as common or special fireworks by the United States Bureau of Explosives or contained in the regulations of the United States Department of Transportation and designated at U.N. 0335 1.3G or U.N. 0336 1.4G.

Special fireworks

Includes any fireworks designed primarily for exhibition display which produce visible or audible effects and classified as such by the U.S. Bureau of Explosives or in the regulations of the U.S. Department of Transportation and designated at U.N. 0335 1.3G.

Pyrotechnics

Any combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as a necessary part of a motion picture, radio or television production, theatrical, or opera.

Pyrotechnic operator

Includes any individual who by experience and training has demonstrated the required skill and ability for safety setting up and discharging public displays of special fireworks.

(Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.030 Prohibition against discharge.
Kittitas County prohibits the ignition or discharge of fireworks within the unincorporated areas of Kittitas County except between the period from 9:00 a.m. to 11:59 p.m. on July 4th and from 9:00 a.m. December 31st to 1:00 a.m. of the following day (January 1st) of each year. (Ord. 99-09, 1999; Ord. 956, 1995). The Kittitas County Fire Marshal may authorize ignition or discharge of fireworks on other days and times dependent on fire danger and subject to fireworks permit approval. As a condition of fireworks permit approval, the applicant shall be required to provide written notice to the landowners of all properties located within five hundred (500) feet of the site of the firework ignition or discharge. The notice shall include date and time of the proposed firework ignition or discharge. (Ord. 2019-006, 2019)

9.30.035 Fire Marshal's authority to prohibit discharge.
The Kittitas County Fire Marshal is authorized to prohibit the ignition or discharge of fireworks within the unincorporated areas of Kittitas County whenever the following fire danger components and indices have been reached or exceeded in at least one of three Remote Automated Weather Stations (RAWS):

1. The Burning Index is at least 18; and
2. The Fuel Moisture Content of the 10 hour fuels is below 8; and
3. The Energy Release Component is in the 90th percentile (42 for upper county and 44 for lower county); and
4. Fire weather predictions; and
5. Resource depletion

In the event that a burn ban has been established in accordance with KCC 20.08, the Fire Marshal is authorized to prohibit the ignition or discharge of fireworks, even if the above fire danger components and indicies have not been reached or exceeded. (Ord. 2019-006, 2019; Ord. 2016-005, 2016)

9.30.040 Sale limits.
The county of Kittitas limits the sale of Class C (common) fireworks within the unincorporated areas of Kittitas County prior to 9:00 a.m. on July 1st or after 11:00 p.m. on July 4th and prior to 9:00 a.m. on December 31st or after 11:00 p.m. on December 31st of each year. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.050 Type of fireworks allowed without permit.
Only Class C (Common Fireworks USDOT 0336 1.4G) will be allowed to be sold, offered for sale, used, discharged, or possessed in Kittitas County, without additional permits and licenses as required by state law. All other types of fireworks, special, agricultural, wildlife, and public display will require additional permits from local officials. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.060 Seizure of fireworks.
Any fireworks which are illegally sold, offered for sale, used, discharged, possessed or transported in violation of the provisions of this chapter shall be subject to seizure by the director of public works, through the fire marshal, sheriff's department or code enforcement, or their deputies. Any fireworks seized under this section may be disposed of by the director of public works, through the fire marshal, by summary destruction at any time subsequent to 30 days from such seizure or 10 days from the final termination of proceedings under the provisions of RCW 70.77.440, whichever is later. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.070 Penalty.
Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000 and by imprisonment for not more than 90 days, or by both such fine and imprisonment. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.080 Other liabilities and legal rights not affected.
Nothing in this chapter shall add to or diminish any other legal rights, or liabilities, either civil or criminal, arising out of the negligent, reckless, knowing or intentional conduct of any person. (Ord. 99-09, 1999; Ord. 95-6, 1995).

9.30.090 Effective date.
Ordinance 95-6, codified in this chapter, shall be effective June 27, 1996, which is one year from the date of its adoption. (Ord. 99-09, 1999; Ord. 95-9, 1995).

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Chapter 9.32
SHOOTING IN GRAVEL PITS

(Repealed by Ord. 99-09)

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Chapter 9.40
FIREARMS*

Sections
9.40.010 Exemption from state law.

* See RCW 9.41.050(4) relating to restrictions about carrying firearms.

9.40.010 Exemption from state law.
The jurisdiction of Kittitas County is and shall be exempt from the prohibitions set forth in Subsection (4) [RCW 9.41.050(4)] as enacted and as may be hereafter modified or recodified. This exemption is made under the authority of RCW 9.41.050(6). (Ord. 99-09, 1999; Ord. 94-16 § 1, 1994).

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Chapter 9.45
NOISE CONTROL

Sections
9.45.010 Declaration of policy.
9.45.020 Public disturbance - finding of special conditions.
9.45.030 Public disturbance - noise unlawful when.
9.45.040 Exemptions.
9.45.050 Enforcement.
9.45.060 Violation - penalty.
9.45.070 Variances.

Prior ordinance history for Chapter 9.45: Ord. 2014-010, 2014; Ord. 99-09, 1999; Ord. 95-14, 1995.

9.45.010 Declaration of policy.
It is declared the policy of the county to minimize the exposure of citizens to adverse effects of excessive noise and to protect, promote, and preserve the public health, safety and welfare. It is the express intent of the board of county commissioners to control the level of noise in a manner which promotes commerce; the use, value, and enjoyment of property, sleep and repose; and the quality of environment. (Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.020 Public disturbance - finding of special conditions.
The making, creation or maintenance of excessive, unnecessary or unusual loud noises which are prolonged and unusual in their time, place and use, affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the people of the county. The board of county commissioners and the county sheriff’s department have received numerous citizen’s complaints regarding noise and believe such noise constitutes a public disturbance. Special conditions within the county make necessary any and all differences between this chapter and regulations adopted by the Department of Ecology. (Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.030 Public disturbance - noise unlawful when.

1. It is unlawful for any person to make, continue, or cause to be made or continued or any person owning or in possession of property to make, continue, or cause to be made or continued or allow to originate from the property any sound which:
   1. Is plainly audible within any dwelling unit which is not the source of the sound or is generated within two hundred feet of any dwelling unit, and;
   2. Either reasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
2. Sound which is “plainly audible” is sound that can be understood or identified.
3. It shall be a rebuttable presumption that sounds created between 8:00 a.m. and 10:00 p.m. do not unreasonably annoy, disturb, injure, or endanger.

(Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.040 Exemptions.
The following sounds are exempt from the provisions of this chapter:

1. Sounds originating from aircraft in flight and sounds which originate at airports and are directly related to flight operations;
2. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release intent of the device;
3. Sounds created by fire alarms;
4. Sounds created by emergency equipment and emergency work necessary in the interests of law enforcement or of the health, safety or welfare of the community;
5. Sounds created by the discharge of firearms in the course of lawful hunting or target practice activities;
6. Sounds created by natural phenomena;
7. Sounds originating from [lawful] forest harvesting and silviculture activity, and from agriculture and livestock (not including sounds created by dogs);
8. Sounds created by auxiliary equipment on motor vehicles used for highway maintenance;
9. Sounds created by off-highway vehicles while being used in officially designated off-road vehicle parks. Such off-road vehicles are nevertheless subject to the provisions of RCW Chapter 46.09;
10. Sounds created by warning devices not operated continuously for more than thirty minutes per incident;
11. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by operating on the railroad;
12. Sounds created by construction between 6:00 a.m. and 10:00 p.m.;
13. Sounds created by refuse removal equipment or personal snow removal equipment;
14. Sounds originated from officially sanctioned parades and other public events;
15. Sounds created by motor vehicles while being driven upon public highways. Such motor vehicles are nevertheless subject to the provisions of WAC Chapter 173-62;
16. Sounds originating from motor vehicle racing events at authorized facilities;
17. Sounds created by unamplified human voices from 6:00 a.m. to 10:00 p.m.;
18. Sounds created by lawn and garden equipment from 6:00 a.m. to 10:00 p.m.;
19. Sounds created by lawfully established commercial and industrial uses;
20. Sounds created by commercial kennels, veterinaries, animal shelters, pet shops, grooming parlors, commercial dog breeders;
21. Sounds created in conjunction with military operations or training.

(Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.050 Enforcement.
The county sheriff and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. The provisions of this chapter shall be cumulative, nonexclusive, and supplementary, and shall not affect any other remedy, including without limitation, the provisions of Chapter 70.107 RCW. (Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.060 Violation - penalty.
Any person who violates the provisions of this chapter, shall, upon a finding of having committed the civil infraction thereof, be punished by a civil penalty in the amount of $100 for the first offense, $250 for the second offense, and $500 for each offense thereafter. (Ord. 2016-009, 2016; Ord. 2016-002, 2016)

9.45.070 Variances.
From time to time, upon application to the board of county commissioners, further specific exemptions may be granted to this chapter on a fact and date specific basis. An example is the request for and granting of a festival permit. All such exemptions shall be made through proper application to the board of county commissioners and in conformance with existing provisions of the Kittitas County Code, as it now exists, or as amended in the future. All requests for exemptions to this chapter are subject to a nonrefundable $25.00 fee, which must be paid at the time the request is made. All recipients of a variance must provide proof of notification of said variance (including dates and times of the variance) to all residents within 1,000 feet of the noise source property boundary. (Ord. 2016-009, 2016; Ord. 2016-002, 2016)

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Chapter 9.50
PARKS

Sections
9.50.010 Definitions.
9.50.020 Purpose.
9.50.030 Hours.
9.50.040 Park facilities - Liability.
9.50.050 Park facilities - Liability insurance.
9.50.060 Park facilities - Cleanup.
9.50.070 Concessions.
9.50.080 Park misuse.
9.50.090 Motor vehicles - Parking.
9.50.100 Camping - Authorization.
9.50.110 Camping - Occupancy policy.
9.50.115 Swimming in boat launch areas prohibited.
9.50.120 Game fish.
9.50.125 Food fish.
9.50.130 Damage to park property prohibited.
9.50.135 Removal of park property.
9.50.140 Outside household or commercial waste.
9.50.145 Rubbish.
9.50.150 Waste from vehicles.
9.50.155 Dumping in water prohibited.
9.50.160 Solicitation.
9.50.165 Alcoholic beverages - Minors.
9.50.170 Fires.
9.50.175 Area closures.
9.50.180 Violation - Penalty.
9.50.190 City of Ellensburg Park Impact Fees adopted within the City's Urban Growth Area.

9.50.010 Definitions.
Whenever used in this title, the following items shall be defined as indicated in this section:

Agreements

Any and all written agreements between a person or persons and the department for the purpose of specific use of certain department facilities.

Aircraft

Any machine or device designed to travel through the air, such as an airplane, helicopter, balloon, glider, ultralight, etc.

Alcoholic beverages (or "liquor")

Includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or otherwise intoxicating beverages; and every liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquor, semisolid, solid or other substance, which contains more than one percent alcohol by weight shall be conclusively deemed to be intoxicating.

Board

The current and duly elected Kittitas board of county commissioners.

Boat

Any floating device, powered by internal combustion engine or human power, capable of traveling on or under water.

Camper

A motorized vehicle containing sleeping and/or housekeeping accommodations, and shall include a pickup truck with camper, a van-type body, a converted bus, or any similar type vehicle.

Camping

Erecting a tent or shelter or arranging bedding or both, for the purpose of, or in such a way as will permit remaining overnight, or parking a trailer, camper, or other vehicle for the purpose of remaining overnight.

Department

The Kittitas County department of public works.

Director

The director of the Kittitas County department of public works.

Discrimination

Any action or practice which prohibits participants based on sex, age, race, color, national origin, marital status, or the presence of any sensory, mental or physical handicap.

Drugs

Any mind or mood altering substance which is illegal for consumption.

Facilities

Any building, structure, roadway, trail, path, equipment or area operated by the Kittitas County department of public works.

Facility manager

The duly appointed Kittitas County public works employee serving as a manager of a county park.

Fee

The currently adopted fee schedule for use of Kittitas County park facilities.

Motor vehicle

Any self-propelled device capable of being moved upon a road, and in, upon, or by which any persons or property may be transported or drawn, and shall include, but not be limited to, four-wheel drive vehicles, two-wheel drive vehicles, three-wheelers, motorcycles, and snowmobiles, whether or not they can legally be operated upon the public highways, whether licensed or unlicensed.

Permit

Any and all permits, licenses, or approvals required by federal or state law, or required by county ordinance or the Kittitas County public works department.

Person

All natural persons, firms, partnerships, corporations, clubs and all associations or combination of persons whenever acting for themselves or by an agent, servant, or employee.

Reservation

Any and all written reservations for a person or persons for the purpose of specific use of certain department facilities.

Trail

Any path or track designed for use of pedestrians, bicycles, motorcycles, jeeps or equestrians; and which is not of sufficient width, nor graded or paved with concrete, asphalt, gravel or similar substance, so as to permit its use by standard passenger automobiles, or other right-of-way specifically designated and posted for non-vehicular use.

Trailer

A towed vehicle which contains sleeping, housekeeping accommodations or material transporting capabilities.

Kittitas County park area

Any area under the ownership, management, or control of Kittitas County.

(Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.020 Purpose.
The park playgrounds, passive use areas, special use areas, roads, paths, trails, activity centers and other park facilities of the department are established by law for public recreation purposes. Public recreation consists of passive use, appropriate to the facility, initiated by individuals, families or small groups with or without reservations and permits; or, large group activities planned by groups and brought under the control of the department when authorized by and conducted under reservation, permit, agreement or contract with the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.030 Hours.
The director of public works shall establish for each Kittitas County park area according to existing conditions, times and periods when the park area will be open or closed to the public. Such times and periods shall be posted at the entrance to the Kittitas County park area affected and at the park office. Park hours are subject to current conditions and may vary by season. Park front gates and offices may be open during normal business hours but the park area may be closed to public use when so posted. No person shall enter or be present at a Kittitas County park area after closing time, or when the park area is closed, except persons camping in a designated camping area who have paid the applicable use fee; or persons who have a reservation or are associated with the person or persons having a reservation at a department facility. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.040 Park facilities - Liability.
A person or persons using facilities by reservation or agreement may be required to protect and save Kittitas County, its elected and appointed officials and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the persons, employees or third parties on account of personal injuries, death or damage to property arising out of the premises, or in any way arising out of the acts or omissions of the person and/or his agents, employees or representatives. Users of any and all Kittitas County park facilities or areas do so at their own risk. Kittitas County assumes no liability or responsibility due to accidents or injury through authorized or unauthorized use of department facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.050 Park facilities - Liability insurance.
A person or persons using facilities by reservation or agreement may be required to obtain and maintain during all periods of use public liability insurance acceptable to the county and/or other insurance necessary to protect the public and the county on premises reserved, with coverage of liability not less than combined single limit personal injury and/or personal damage liability of $300.00 per occurrence. The group shall provide a certificate of insurance or an insurance binder prior to the reservation and upon written request of the county, a duplicate of the policy, as evidence of the insurance protection provided. This insurance shall not be cancelled or reduced without prior written notice to the county, 30 days in advance of the cancellation or reduction. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.060 Park facilities - Cleanup.
All groups must leave the facility or area in a condition considered satisfactory to the manager in charge. No group shall conduct activities causing extra custodial work unless previous arrangements have been made to pay for such work and are so stated in the reservation agreement. Causing extra custodial work without previous arrangements may subject the group to mandatory cleanup fees as listed in the currently adopted fee schedule. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.070 Concessions.
Kittitas County reserves all concession rights in county-owned parks. Nonprofit groups and organizations may sell or arrange for a concessionaire to sell concessions to members of their group or organization using a park facility and to spectators at that facility; provided, that arrangements and fees to the department are agreed upon in writing prior to the event(s). (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.080 Park misuse.
The misuse of a park facility or the failure to conform with these regulations will be sufficient reason for denying any future application for use of park facilities. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.090 Motor vehicles - Parking.
No operator of any automobile, trailer, camper, boat trailer, or other motor vehicle, shall park such vehicle in any Kittitas County park area other than designated motor vehicle parking area, except where the operator is using the area for a designated recreational purpose and the vehicle is parked either in a designated parking area for the event, or in another area with the permission of the facility manager. No person shall park, leave standing, or abandon a motor vehicle, camper or trailer, in any Kittitas County park area after closing time, except when camping in a designated area, or with permission of the manager. Any vehicle found parked in violation of this section may be towed away at the owner's or operator's expense. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.100 Camping - Authorization.
No person shall camp in any Kittitas County park area except when specifically authorized by the facility manager or the director. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.110 Camping - Occupancy policy.
Occupancy of camping facilities shall be limited to the conditions of the group reservation, agreement, or contract; or limited to occupancy related to an event and so posted at the park. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.115 Swimming in boat launch areas prohibited.
No person shall swim or sunbathe in any designated boat launching area, except by permit issued by the department of public works. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.120 Game fish.
All laws, rules and regulations of the State Game Commission relating to season, limits, and methods of fishing are applicable to fishing for game fish in Kittitas County park areas. No person may fish for, or possess any fish taken from any dam, dike, bridge, dock, boat landing, or beach, which is posted with a sign prohibiting fishing. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.125 Food fish.
All laws, rules and regulations of the State Department of Fisheries relating to season, limits, and methods of taking are applicable to the taking of food fish in Kittitas County park areas except that in addition to such laws, the department, upon its finding and for good cause may close certain Kittitas County park areas for specific periods of time, to the taking of fish. Such closed areas shall be posted. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.130 Damage to park property prohibited.
No person shall cut down, destroy or in any way injure or damage any shrub, tree, vine, grain, grass or crop, standing or growing or which has been cut down, in any Kittitas County park area unless authorized to do so by the department. No person shall deface, damage or destroy any property, material, equipment or facility which is under the jurisdiction of the department. (Ord. 99-09, 1999; Ord. 954, 1995).

9.50.135 Removal of park property.
No person shall change the position of or remove any property, material, or equipment from its original position on or from any area under the jurisdiction of the Kittitas County parks department. (Ord. 99-09, 1999; Ord. 954, 1995).

9.50.140 Outside household or commercial waste.
No person shall deposit any household or commercial garbage, refuse, waste, or rubbish which is brought as such from any private property, in any Kittitas County park area garbage can or other receptacle designated for rubbish collection. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.145 Rubbish.
No person shall leave, deposit, drop or scatter bottles, broken glass, ashes, waste paper, cans or other rubbish, in a Kittitas County park area, except in a garbage can or other receptacle designated for such purposes. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.150 Waste from vehicles.
No person shall in any Kittitas County park area, drain or dump refuse, oil, gas or waste from any trailer, camper, automobile, or other vehicle, except in designated disposal areas or receptacles. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.155 Dumping in water prohibited.
No person shall pollute, or in any way contaminate by dumping or otherwise depositing therein any waste or refuse of any nature, kind or description, including human or bodily waste, in any stream, river, lake or other body of water running in, through or adjacent to any Kittitas County park area. (See Chapter 8.20 KCC, Depositing Garbage in Designated Places, for penalties.) (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.160 Solicitation.
No person shall solicit, sell, or peddle any goods, wares, merchandise, liquids, or edibles for human consumption or distribute or post any handbills, circulars, or signs, or use any loudspeakers or other amplifying device in any Kittitas County park area, except by concession contract or by permission by the department. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.165 Alcoholic beverages - Minors.
No person who has not reached his or her twenty-first birthday shall be in possession of or consume of any alcoholic beverage in a Kittitas County park facility or area. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.170 Fires.
Open fires and portable units using flammable material are restricted to designated park areas, fireplaces, fire rings or grills. (Ord. 9909, 1999; Ord. 95-4, 1995).

9.50.175 Area closures.
Areas designated by signs or barricades are closed to public access or use. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.180 Violation - Penalty.
Every person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than $1,000 and/or by imprisonment in a county jail for not more than 90 days. In addition, every person failing to comply with any provision of this chapter shall be subject to immediate ejection from the Kittitas County park area. The Kittitas County public works director, public works employees, and other law enforcement officers are authorized and directed to enforce the provisions of this chapter. (Ord. 99-09, 1999; Ord. 95-4, 1995).

9.50.190 City of Ellensburg Park Impact Fees adopted within the City’s Urban Growth Area.

Pursuant to Kittitas County Resolution 2022-013 and consistent with Ellensburg City Code (ECC) Chapter 14.02 Park Impact Fees, Kittitas County agrees to collect park impact fees as described at ECC 14.02.150. Collection of the park impact fee shall occur when application is made for a building permit; provided, however, fees applicable to a single-family subdivision may be subject to an in-lieu-of fee arrangement at the preliminary plat stage. (Ord. 2023-006, 2023)

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Chapter 9.55
REGULATING PUBLIC CAMPING

Sections
9.55.010 Purpose.
9.55.020 Definitions.
9.55.030 Unlawful camping.
9.55.040 Unlawful storage of personal property in public places.
9.55.050 Removal of unauthorized encampments and individual camps.
9.55.060 Penalty for violations.
9.55.070 Enforcement suspended.
9.55.080 No public duty created.
9.55.090 Severability.

9.55.010 Purpose.

It is the purpose of this chapter to prevent harm and to promote the public health, safety and general welfare and environment by keeping public streets, sidewalks, parks, and other county-owned and/or county-maintained public property and public rights-of-way within the county readily accessible to the public, and to prevent use of county-owned and/or county-maintained public property for camping purposes or storage of personal property which interferes with the rights of others to use the areas for the purposes for which they were intended. It is also the purpose of this chapter to establish a uniform policy for county departments to address the removal of unauthorized encampments from county property and, where applicable, temporarily store personal property in a manner consistent with local, state, and federal laws. (Ord. 2022-015, 2022)

9.55.020 Definitions.

The following definitions are applicable in this chapter unless the context otherwise requires:

Abandoned

That which appears, based on the totality of the circumstances, the owner intentionally relinquished the right to possess by action, verbal and/or written disclaimer, lapse of time, or non-use of the same.

Camp or Camping

To pitch, erect, or occupy camp facilities, or to use camp paraphernalia or both, for the purpose of, or in such a way as will facilitate, taking up temporary residence overnight; or parking a camper, recreational vehicle, trailer, or other vehicle for the purpose of taking up temporary residence overnight.

Camp Facilities

Include, but are not limited to, tents, huts, temporary shelters made of any material, campers, recreational vehicles, or trailers.

Camp Paraphernalia

Includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks and/or cooking facilities and similar equipment.

County

Kittitas County, Washington.

Contraband

Any item, material, or substance that is unlawful to produce or possess.

Hazardous Item

An item, including personal property, which appears to be dangerous or involves risk of harm to the health or safety of humans, animals, or the environment, either in its present form or as stored.

Litter

Shall have the same meaning as used in RCW 70A.200.030(6) and (11) as adopted or may be amended.

Park or Park Facility

Any building, structure, equipment, sign, shelter, swimming pool, vegetation, playground, real property, or other physical property owned or controlled by the county for park purposes. Park or park facility includes all associated areas, including but not limited to parking lots for parks.

Personal Property

In addition to its common meaning, means an item that is:

1. Reasonably recognizable as belonging to a person; and
2. In its present condition has apparent utility and/or value; and
3. Is not abandoned, solid waste, or a hazardous item.

Right-of-Way

Shall have the same meaning as is stated in KCC 12.02.020.

Solid Waste

Shall have the same meaning as used in RCW 70A.205.015(22) as currently enacted or subsequently amended, and includes, but is not limited to, garbage, household liquid or hazardous waste, decaying furniture, tires, mattresses, and wood.

Store

To put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

Trail

A public path owned, operated, or maintained by the county for the primary purpose of walking, biking or other non-vehicular travel.

Unauthorized Encampment

Two or more camp facilities in an identifiable area which appear to be used for unlawful camping. For purposes of this chapter an identifiable area includes areas where the camp facilities are in sight of each other and/or areas where each camp facility is located within 300 feet of another camp facility.

Vehicle

The same as defined in RCW 46.04.670, as currently enacted or hereafter amended.

(Ord. 2022-015, 2022)

9.55.030 Unlawful camping.

1. It is unlawful for any person to camp, occupy camp facilities for purposes of habitation, or use camp paraphernalia in the following areas, except as otherwise provided by the Kittitas County Code or where specifically designated:
   1. Any street, alley, sidewalk, county road, or county right-of-way;
   2. Any trail, park, or park facility, except as authorized by Ch.9.50 KCC;
   3. Any county-owned parking lot or county-owned area, whether improved or unimproved; or
   4. Any other county-owned or county-maintained property.
2. It is unlawful for any person to occupy a vehicle for the purpose of camping while that vehicle is parked in the following areas, except as otherwise provided by ordinance or as permitted pursuant to Ch.9.50 KCC or Ch. 10.06 KCC:
   1. Any park;
   2. Any street, alley, county road, or county right-of-way; or
   3. Any county-owned or maintained parking lot or other county-owned or maintained area, whether improved or unimproved.

(Ord. 2022-015, 2022)

9.55.040 Unlawful storage of personal property in public places.

1. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following county-owned and/or county-maintained areas, except as otherwise provided by the Kittitas County Code:
   1. Any county road or right-of-way;
   2. Any trail, park, or park facility;
   3. Any county-owned parking lot or county-owned area, whether improved or unimproved; or
   4. Any other county-owned or county-maintained property.
2. This section shall not apply to vehicles, including trailers, recreational vehicles, and campers, which are legally parked in rights-of-way, unless otherwise prohibited by law.

(Ord. 2022-015, 2022)

9.55.050 Removal of unauthorized encampments and individual camps.

1. Whether or not something is or is not a "camp," "unauthorized encampment," "abandoned," or anything else defined herein, is the determination of law enforcement or the county designated personnel who merely needs to determine that the thing is readily identifiable as such without said inquiry or determination creating a danger or threat of safety to law enforcement or the designated county personnel.
2. The personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and/or solid waste located at an unauthorized encampment may be removed subject to the following provisions:
   1. Upon a determination by law enforcement or designated county personnel that an area constitutes an unauthorized encampment or that an individual is engaged in unlawful camping or storage of personal property in public places.
   2. Property which presents an immediate and substantial risk of harm. If the unauthorized encampment, unlawful camping, or unlawful storage of personal property results in an immediate and significant risk of harm to any person or impedes pedestrian or vehicular traffic, then police, city staff and/or its contracted agent may immediately remove any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste, which shall be stored or disposed in the manner as set forth below in subsection (3)(b) below.
   3. Except as stated in subsection (B)(2) above, prior to removing property from an unauthorized encampment or unlawful camp, or removing personal property unlawfully stored on county-owned or county-maintained public property, the following shall occur:
      1. The county shall post at least a 72-hour advanced notice, which shall include the following:
         1. The address or location of the unauthorized encampment, unlawful camping, or unlawful storage of personal property;
         2. A statement that camping or storage activity is prohibited by KCC 9.55.030 and/or 9.55.040;
         3. A statement that any individual continuing to use the area for unlawful camping or storage of personal property may be subject to criminal penalties pursuant to KCC 9.55.060;
         4. A statement that any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste remaining after the notice period is subject to removal and, as may be applicable, temporary storage by the county.
      2. At the end of the 72-hour notice period, any personal property, camping paraphernalia, camp facilities, and all other property, contraband, litter, and solid waste may be removed by county personnel or agents thereof. Furthermore:
         1. Any personal property that is removed shall be stored by the county for at least sixty (60) days prior to being disposed of;
         2. Notice of where personal property removed from the encampment may be claimed shall be posted at the location;
         3. If the name and contact information for the owner of a particular item of personal property can reasonably be identified, the county shall attempt to contact the identified owner and provide notice that the item has been removed and how to claim the item;
         4. Any contraband located at the area shall be seized and properly disposed or retained as evidence of criminal activity; and
         5. Any litter, hazardous item, or solid waste found at the area shall be properly disposed of.

(Ord. 2022-015, 2022)

9.55.060 Penalty for violations.

Violation of any of the provisions of this chapter is a misdemeanor and shall be punished upon conviction of such violation by a fine of not more than $ 1,000 or by confinement not to exceed 90 days, or by both such fine and confinement. Each and every day, or portion thereof, that the violation continues shall constitute a separate violation. (Ord. 2022-015, 2022)

9.55.070 Enforcement suspended.

1. There shall be no enforcement of criminal provisions of this chapter when there is no available overnight shelter space or beds available in homeless shelters located in the county. The space is considered available if the individual could not use the space due to voluntary actions such as intoxication, drug use, or unruly behavior. Abatement portions of this chapter can be enforced regardless of the availability of shelter space.
2. Nothing in this chapter shall preclude enforcement of any other federal, state, or local laws.

(Ord. 2022-015, 2022)

9.55.080 No public duty created.

1. It is expressly the purpose of this chapter to provide for and promote the health, safety, and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons or individual who will or should be especially protected or benefited by the terms of this chapter.
2. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the county or its officers, employees, or agents for any injury or damage resulting from any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees, or agents.

(Ord. 2022-015, 2022)

9.55.090 Severability.

If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons or circumstances is not affected. If any portion of this ordinance is declared invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portion(s) of this ordinance. (Ord. 2022-015, 2022)

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Chapter 9.60
WEAPONS FREE AREAS IN COUNTY BUILDINGS

(Repealed by Ord. 2009-02. Weapon restricted areas of the Courthouse are designated by judicial order.)

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Chapter 9.70
ALARM SYSTEMS

Sections
9.70.010 Legislative declaration.
9.70.020 Definitions.
9.70.030 Prohibited equipment—Automatic dialing device.
9.70.040 Required equipment—Standby power backup source.
9.70.050 Audible alarms—Time limit.
9.70.060 Emergency response information.
9.70.070 False alarms prohibited—Penalties.
9.70.080 Enforcement—Policies.
9.70.090 Penalties.
9.70.100 Grace period.
9.70.110 Distribution of funds.
9.70.120 Severability.
9.70.130 Effective date.

9.70.010 Legislative declaration.
The Board of County Commissioners declares that response to false alarms to be an unnecessary, wasteful use of the limited personnel and other resources of the Sheriff's Office. Such unnecessary responses divert those resources from being devoted to those actually in need of law enforcement services. Therefore, the purpose of this chapter is to promote more effective and efficient law enforcement services to the public through prevention of false alarms and reduction of responses to false alarms. (Ord. 2016-021, 2016).

9.70.020 Definitions.
In construing the provisions of this chapter, except where otherwise plainly declared or clearly apparent from the context, words used in this chapter shall be given their common and ordinary meaning and in addition, the following definitions shall apply:

1. "Alarm system" means any assembly of equipment, mechanical or electrical, designed to alert law enforcement agencies, the public, or any person or group of persons including a business or other commercial entity of the commission or attempted commission of a crime.
2. "Alarm user" means any person, business or other entity, which owns or has control over any building, structure or facility where an alarm system is maintained.
3. "Authorized service personnel" means those persons who, by reason of their experience, training or occupation, can demonstrate to the Sheriff that they are qualified to inspect and repair alarm systems. The Sheriff may in his discretion presume that the employment of a person for such purposes by the provider of any given alarm system is sufficient evidence that the person is so qualified.
4. "False alarm" means the intentional or unintentional activation of any alarm system that elicits a response from the Sheriff's Office when no criminal act has been committed or attempted. The causes of false alarm include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act. The determination as to whether an event is a “false alarm” as defined in this section shall be made by the Sheriff or his or her designee.
5. "Intentional" means an act done by intention. A person acts with intent or intentionally when he or she acts with the objective or purpose to accomplish a particular result. (Ord. 2016-021, 2016).

9.70.030 Prohibited equipment—Automatic dialing device.
Any alarm system designed to alert any law enforcement agency of an emergency by providing unattended automatic dialing to 911 or any public telephone number of a law enforcement agency for the purpose of transmitting a preprogrammed signal, message or code is prohibited. (Ord. 2016-021, 2016).

9.70.040 Required equipment—Standby power backup source.
All alarm systems shall have a standby backup power supply which will automatically continue the operation of the alarm system should any interruption occur in power to the system. The transfer of power from the primary source to the backup source must occur in a manner that does not activate the alarm. (Ord. 2016-021, 2016).

9.70.050 Audible alarms—Time limit.
It shall be unlawful to operate an audible alarm system which does not shut off within a maximum of thirty minutes from the time of activation. Shutoff may be accomplished either with an automatic cutoff or by manual operation. If the alarm system has an automatic cutoff with a rearming phase, the rearming phase must be able to distinguish between an open and closed circuit and if the circuit is broken, the system will not rearm. (Ord. 2016-021, 2016).

9.70.060 Emergency response information.

1. This section shall not apply to any alarm system until there has been at least one verified false alarm as defined in the definition section of this Chapter.
2. After there has been at least one verified false alarm as defined in this Chapter, no person or business shall install, operate, or make use of in any manner such alarm system unless:
   1. The name, business address and business telephone number of the alarm user has been provided to the Sheriff in a manner acceptable to the Sheriff, for use as needed to implement the provisions of this Chapter and any rules and regulations promulgated under the authority of this chapter;
   2. There is a list filed with the Sheriff, of the names and telephone numbers for the person or persons authorized to enter the premises where the alarm is located and take necessary action, including but not limited to turning off the alarm or opening the alarmed premises for search can be reached at all times; or
   3. Such a list is filed with a monitoring service and a twenty-four hour telephone number for that service is provided to the Sheriff.
3.  The failure to provide the information required by the provisions of subsection (2) of this section prior to installing, operating, or making use of in any manner an alarm system after such a false alarm is unlawful. Alarm users of any existing alarm systems in use on the effective date of this Chapter shall have a period of not more than twenty business days after that date to ensure that this information is provided as required. The Sheriff may order that an alarm system installed, operated, or made use in violation of this provision be disconnected; provided, that no alarm system required by law shall be ordered disconnected. Notice shall be given to the alarm user by any method reasonably likely to provide actual notice, including certified mail or personal service, at least forty-eight hours prior to the required disconnection, if the name(s) and contact information of the alarm user(s) have been provided to the Sheriff. Failure to furnish the name(s) and contact information of the alarm user(s) as required in this subsection, in addition to being prohibited shall constitute a waiver of this notice requirement.
4. Upon notification by the Sheriff's Office, or any other law enforcement agency acting in concert with or on behalf of the Sheriff’s Office as authorized by RCW 10.93.070(1), (2) or (3), or RCW 10.93.130, that his presence is required, the alarm user or representative listed as required by 9.70.060(1)(a), shall promptly proceed to the scene of the alarm, or a nearby location if so directed, within a reasonable period of time and render necessary assistance. Such assistance shall include turning off the alarm and/or opening the alarmed premises so a search can be made as directed by law enforcement personnel on scene.
5. Circumstances that may require the alarm user's presence include, but are not limited to: continual malfunction of an alarm system which causes repeated false alarms over a short period of time; evidence at the alarmed premises indicating a crime was committed or attempted and further investigation is necessary; or the premises is not or cannot be, properly secured. (Ord. 2016-021, 2016).

9.70.070 False alarms prohibited—Penalties.

1. No alarm user shall cause or allow a false alarm.
2. The intentional activation of a burglary or robbery alarm system for the purpose of summoning the Sheriff's Office, or any other law enforcement agency acting in concert with or on behalf of the Sheriff’s Office as authorized by RCW 10.93.070(1), (2) or (3), or RCW 10.93.130, for other than an actual burglary or robbery or other life-threatening emergency situation, shall be punishable as an infraction with a fine of not less than five hundred dollars plus statutory costs and assessments upon a first offense, and as a misdemeanor for any subsequent offense within a five year period.
3. The third false alarm and each subsequent false alarm, from the same location within any six-month period, shall constitute a civil infraction subject to monetary penalty as set forth below:
   1. For the third false alarm, a penalty of fifty dollars plus statutory costs and assessments shall be assessed;
   2. For the fourth false alarm, a penalty of one hundred dollars plus statutory costs and assessments shall be assessed;
   3. For the fifth false alarm and each succeeding false alarm, a penalty of two hundred and fifty dollars plus statutory costs and assessments shall be assessed.
4. A location which has had three or more false alarms in any six month period must complete a probationary period of not less than six months without a false alarm to restart the six month period for calculation of the penalties set in 9.70.070(3).
5. Hearing on notices of infraction issued pursuant to Section 9.70.070(3) shall be held in the appropriate district court. The procedures for issuance of a notice of infraction, hearings, assessment and payment of monetary penalties, statutory costs and assessments, shall be in accordance with the provisions of RCW Chapter 7.80. (Ord. 2016-021, 2016).

9.70.080 Enforcement—Policies.

1. The provisions of this chapter shall be administered and enforced by the county Sheriff. The Sheriff is authorized to make and enforce such rules and regulations as are necessary to implement the provisions of this chapter, and further to delegate his authority under this Chapter to any subordinate as necessary to effectuate this Chapter.
2. Copies of these rules and regulations promulgated by the Sheriff shall be available to the public at the county Sheriff's Office and/ or at the Office of the County Commissioners. A copy of this Chapter and the rules and regulations shall be provided to each person or entity known to have an alarm system at the time of enactment of this Chapter, and to any person or entity known to subsequently obtain, install or make use of such an alarm.
3. Enforcement of the provisions of this Chapter and the rules and regulations promulgated by the Sheriff as authorized in this Chapter may be by appropriate judicial proceeding(s) as necessary as determined by the Sheriff and Prosecuting Attorney.
4. The Sheriff may utilize the following procedures and practices to reduce false alarms:
   1. On the first false alarm within a six-month period, the alarm user may in the discretion of the Sheriff be required to provide certain information when an alarm is received from an alarm system under his or her control. This information may include but is not limited to:
      1. The cause of the alarm;
      2. Any corrective action taken;
      3. Whether or not the alarm system had been inspected and/or repaired and the name and address of the person performing the repairs.
   2. On the second false alarm within a six-month period, the alarm user shall submit a written report as provided in the previous subsection. In addition, the Sheriff may require inspections of the alarm system by authorized service personnel at the alarm user's expense; and the Sheriff may prescribe corrective action to be taken as the result of the inspection.
   3. On the third or subsequent false alarm within a six-month period, the alarm user shall submit a written report as provided in the previous subsections. The Sheriff may require inspections of the alarm system by authorized service personnel at the alarm user's expense; and the Sheriff may prescribe corrective action to be taken as the result of the inspection. In addition:
      1. The Sheriff may assign a lower response priority or not respond at all, to alarms received from the alarm system; and
      2. The Sheriff may order that an alarm system be disconnected; provided, that no alarm system required by law shall be ordered disconnected. Notice shall be given to the alarm user by any method reasonably likely to provide actual notice, including certified mail or personal service, at least forty-eight hours prior to the required disconnection, if the name(s) and contact information of the alarm user(s) have been provided to the Sheriff. Failure to furnish the name(s) and contact information of the alarm user(s) as required by 9.70.060(1)(a), in addition to being prohibited shall constitute a waiver of this notice requirement.
   4. If the policies of ordering alarm systems disconnected and/or no response by the Sheriff are implemented, provisions shall be made for allowing the alarm system to be reconnected and response reinstated if the alarm user satisfactorily shows that the cause(s) of the previous false alarms has (have) been identified and corrected.
      1. Once reconnected, the alarm system shall be on probationary status for six months.
      2. If the instances of false alarms continue during the probationary period, the alarm system may again be ordered disconnected and the policy of no response may be invoked. (Ord. 2016-021, 2016).

9.70.090 Penalties.
The violation of any of the provisions of this chapter, except subsections 9.70.070(2) and (3), shall constitute a misdemeanor as defined in RCW 9A.20.010. (Ord. 2016-021, 2016).

9.70.100 Grace period.
There shall be a three month grace period beginning at the effective date of the ordinance codified in this chapter, during which time no punitive action will be taken against alarm users violating section 9.70.070(3) of this Chapter; provided, the Sheriff may require alarm users to provide information as required by Section 9.70.080(3) (a), and further provided that the grace period for the provisions of 9.70.060(1) shall be as specified in .060(2). There shall be no grace period for enforcement of 9.70.070(2). (Ord. 2016-021, 2016).

9.70.110 Distribution of funds.
All funds collected from fines imposed by the district courts for violation of this chapter shall be distributed as provided in RCW 3.62.020. (Ord. 2016-021, 2016).

9.70.120 Severability.
If any provision of this chapter is held invalid, the remainder of the chapter is not affected. (Ord. 2016-021, 2016).

9.70.130 Effective date.
This chapter shall take effect at 12:01 a.m. on December 1, 2016. (Ord. 2016-021, 2016).

    

Title 15 | ENVIRONMENTAL POLICY*

Chapters
15.04 State Environmental Policy Act
15.08 Burn Bans

* Prior ordinance history for Chapter 15.4: Ordinance 84-5; 93-19; 96-19; 97-10; 98-10 (part), 1998; 2009-25, 2009

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Chapter 15.04
STATE ENVIRONMENTAL POLICY ACT*

Sections
Article I. Authority
15.04.010 Authority.

Article II. General Requirements
15.04.020 Purpose of this part and adoption by reference.
15.04.030 Additional definitions.
15.04.040 Designation of responsible official.
15.04.050 Lead agency - determination and - responsibilities.
15.04.060 Transfer of lead agency status to state agency.
15.04.070 Additional timing considerations.

Article III. Categorical Exemptions and Threshold Determinations
15.04.080 Purpose of this part and adoption by reference.
15.04.090 Flexible thresholds for categorical exemptions.
15.04.110 Use of exemptions.
15.04.115 Environmental checklist.
15.04.120 Mitigated DNS.

Article IV. Environmental Impact Statement (EIS)
15.04.125 Purpose of this part and adoption by reference.
15.04.130 Preparation of EIS - Additional considerations.
15.04.140 Additional elements to be covered in EIS.

Article V. Commenting
15.04.150 Adoption by reference.
15.04.160 Public notice.
15.04.170 Designation of official to perform consulted agency responsibilities for the county.

Article VI. Using Existing Environnemental Documents
15.04.180 Purpose of this part and adoption by reference.

Article VII. SEPA and Agency Decisions
15.04.190 Purpose of this part and adoption by reference.
15.04.200 Substantive authority.
15.04.210 Appeals.
15.04.220 Notice/statute of limitations.

Article VIII. Definitions
15.04.230 Purpose of this part and adoption by reference.

Article IX. Categorical Exemptions
15.04.240 Adoption by reference.

Article X. Agency Compliance
15.04.250 Purpose of this part and adoption by reference.
15.04.260 Fees.
15.04.270 Administrative guidelines.
15.04.280 Severability.

Article XI. Forms
15.04.290 WAC 173-806-230 - Adoption by reference.

Article I. Authority

15.04.010 Authority.
The county adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA procedures, WAC 197-11-904. This chapter contains this county's SEPA procedures and policies. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Ord. 2011-013, 2011)

Article II. General Requirements

15.04.020 Purpose of this part and adoption by reference.

This article contains the basic requirements that apply to the SEPA process. The county adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference, except as modified by additional definitions under KCC 15.04.030.

WAC
197-11-040 Definitions
197-11-050 Lead agency.
197-11-060 Content of environmental review.
197-11-070 Limitations on actions during SEPA process.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information required of applicants.
197-11-158 SEPA/GMA project review - Reliance on existing plans, laws, and regulations.
197-11-164 Planned actions - Definitions and criteria.
197-11-168 Ordinances or resolutions designating planned actions - Procedures for adoption.
197-11-172 Planned actions - Project review
197-11-210 SEPA/GMA integration.
197-11-220 SEPA/GMA definitions.
197-11-228 Overall SEPA/GMA integration procedures.
197-11-230 Timing of an integrated GMA/SEPA process.
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
197-11-235 SEPA/GMA integration documents.
197-11-238 SEPA/GMA integration monitoring.
197-11-250 SEPA/Model Toxics Control Act integration.
197-11-253 SEPA lead agency for MTCA actions.
197-11-256 Preliminary evaluation.
197-11-259 Determination of nonsignificance for MTCA remedial actions.
197-11-262 Determination of significance and EIS for MTCA remedial actions.
197-11-265 Early scoping of MTCA remedial actions.
197-11-268 MTCA interim actions. 

(Ord. 2014-015, 2014; Ord. 2011-013, 2011)

15.04.030 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 and 197-11-220, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

Department

Any division, subdivision or organizational unit of the county established by ordinance, rule, or order.

SEPA rules

Chapter 197-11 WAC adopted by the Department of Ecology.

Ordinance

The ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.

Early notice

The county's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance (DNS) procedures).  (Ord. 2011-013, 2011)

15.04.040 Designation of responsible official.

1. For those proposals for which the county is the lead agency, the responsible official shall be the director of the department of community development or his appointed designee.
2. For all proposals for which the county is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in Section 15.04.020.
3. The county shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with RCW Chapter 42.56.  (Ord. 2011-013, 2011)

15.04.050 Lead agency determination and responsibilities.

1. The department within the county receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.
2. When the county is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.
3. When the county is not the lead agency for a proposal, all departments of the county shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No county department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the county may conduct supplemental environmental review under WAC 197-11-600.
4. If the county or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the county must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the county must be initiated by the responsible official.
5. Departments of the county are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944: Provided, That the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.
6. Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.
7. When the county is lead agency for a MTCA remedial action, the department of ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 2011-013, 2011)

15.04.060 Transfer of lead agency status to a state agency.
For any proposal for a private project where the county would be the lead agency and for which one or more state agencies have jurisdiction, the county's responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the county shall be an agency with jurisdiction. To transfer lead agency duties, the county's responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the county shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 2011-013, 2011)

15.04.070 Additional timing considerations.

1. For nonexempt proposals, the DNS or the final EIS for the proposal shall accompany the county's staff recommendation to any appropriate advisory body, such as the planning commission.
2. If the county's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the county conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 2011-013, 2011)

Article III. Categorical Exemptions and Threshold Determinations

15.04.080 Purpose of this part and adoption by reference.
This article contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference as supplemented in this part:

RCW
43.21C.410 Battery charging and exchange station installation.

WAC
197-11-300 Purpose of this part.
197-11-305 Categorical exemptions.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS)/ initiation of scoping.
197-11-390 Effect of threshold determination. (Ord. 2011-013, 2011)

15.04.090 Flexible thresholds for categorical exemptions.

1. The county establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
   1. For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 20 residential dwelling units.
   2. For agricultural structures in WAC 197-11-800(1)(b)(ii):
      1. up to 10,000 square feet of ground coverage within the boundaries of an urban growth area; or
      2. up to 30,000 square feet of ground coverage outside the boundaries of an urban growth area. This exemption shall not apply to feed lots ;
   3. For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet with associated parking up to 40 parking spaces;
   4. For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces;
   5. For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 500 cubic yards.
2. Whenever the county establishes new exempt levels under this Section, it shall send them to the Department of Ecology , Headquarters Office, Olympia, Washington 98504 under WAC 197-11-800(1)(c). (Ord. 2012-009, 2012; Ord. 2011-013, 2011)

15.04.110 Use of exemptions.

1. Each department within the county that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal shall determine whether the license and/or the proposal is exempt. The department's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The county shall not require completion of an environmental checklist for an exempt proposal.
2. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department's consideration is exempt.
3. If a proposal includes both exempt and nonexempt actions, the county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:
   1. The county shall not give authorization for:
      1. Any nonexempt action;
      2. Any action that would have an adverse environmental impact; or
      3. Any action that would limit the choice of alternatives.
   2. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and
   3. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 2011-013, 2011)

15.04.115 Environmental checklist.

1. Except as provided in subsection (4) of this section, a completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the county and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The county shall use the environmental checklist to determine the lead agency, and if the county is the lead agency, for determining the responsible official and for making the threshold determination.
2. For private proposals, the county will require the applicant to complete the environmental checklist, providing assistance as necessary. For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
3. The county may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:
   1. The county has technical information on a question or questions that is unavailable to the private applicant; or
   2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.
4. For projects submitted as planned actions under WAC 197-11-164, the county shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the department of ecology to allow at least a thirty-day review prior to use. (Ord. 2011-013, 2011)

15.04.120 Mitigated DNS.

1. As provided in this section and WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.
2. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:
   1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
   2. Precede the county's actual threshold determination for the proposal.
   3. The responsible official should respond to the request for early notice within thirty working days. The response shall:
      1. Be written;
      2. State whether the county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the county to consider a DS; and
      3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.
   4. As much as possible, the county should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
   5. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal:
      1. If the county indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate a DNS under WAC 197-11-340(2).
      2. If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall make the threshold determination, issuing a DNS or DS as appropriate.
      3. The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent storm water runoff' are inadequate, whereas proposals to "muffle machinery to X decibels" or "construct 200-foot storm water retention pond at Y location" are adequate.
      4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
3. A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.
4. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county.
5. If the county's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
6. The county's written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the county to consider the clarifications or changes in its threshold determination. (Ord. 2011-013, 2011)

Article IV. Environmental Impact Statement (EIS)

15.04.125 Purpose of this part and adoption by reference.
This article contains the rules for preparing environmental impact statements. The county adopts the following sections by reference, as supplemented by this part:

WAC
197-11-400 Purpose of EIS.
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on nonproject proposals.
197-11-443 EIS contents when prior nonproject EIS.
197-11-444 Elements of environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS. (Ord. 2011-013, 2011)

15.04.130 Preparation of EIS - Additional considerations.

1. Preparation of draft and final EIS's (DEIS and FEIS) and draft and final supplemental EIS's (SEIS) is the responsibility of the department of community development under the direction of the responsible official. Before the county issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11.
2. The DEIS and FEIS or draft and final SEIS may be "prepared" by county staff or by a consultant selected by the county or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the county will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the county's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.
   1. The Kittitas County planning department shall prepare and maintain a list of qualified environmental consultants and firms. Any proposed consultant whose name is not on the list must submit a statement of qualifications including information on experience in the preparation of environmental impact statements. Upon approval of the submitted qualifications, the planning director shall add the name to the list of qualified consultants.
3. The county may require an applicant to provide information the county does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the county may request under another ordinance or statutes). (Ord. 2011-013, 2011)

15.04.140 Additional elements to be covered in EIS.

1. The analysis of the following additional elements may be included as part of the environment for the purpose of EIS content, but does not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:
   1. Economy;
   2. Social policy analysis;
   3. Cost-benefit analysis;
   4. Any other element that may be dictated by special circumstances associated with the proposal.
2. Inclusion of these elements in an EIS will be at the discretion of the responsible official as determined by the scoping process. (Ord. 2011-013, 2011)

Article V. Commenting

15.04.150 Adoption by reference.
This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The county adopts the following sections by reference, as supplemented in this part:

WAC
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-510 Public notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency. (Ord. 2011-013, 2011)

15.04.160 Public notice.

1. Whenever possible, the county shall integrate the public notice required under this section with existing notice procedures for the county's nonexempt permit(s) or approval(s) required for the proposal.
2. Whenever the county issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the county shall give public notice as follows:
   1. If public notice is required for the nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.
   2. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).
   3. If no public notice is otherwise required for the permit or approval, the county shall give notice of the DNS or DS by:
      1. Publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of record in the county; and
      2. Whenever the county issues a DS under WAC 197-11-360(3), the county shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.
      3. Mailing or emailing notice to all parties on the notice of application listing, as described in KCC Chapter 15A.03.
3. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).
4.  Whenever the county issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:
   1. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and
   2. Posting the property, for site-specific proposals;
   3. Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located; and
   4. Mailing a copy of the notice to property owners within five hundred feet of the proposal.
5. Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).
6. The county may require an applicant to complete the public notice requirements for the applicant's proposal at his or her expense.

(Ord. 2014-015, 2014; Ord.2011-013, 2011)

15.04.170 Designation of official to perform consulted agency responsibilities for the county.

1. The director of the department of community development or his/her appointed designee shall be responsible for preparation of written comments for the county in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.
2. The department of community development shall be responsible for the county's compliance with WAC 197-11-550 whenever the county is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. (Ord. 2011-013, 2011)

Article VI. Using Existing Environmental Documents

15.04.180 Purpose of this part and adoption by reference.
This article contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the county's own environmental compliance. The county adopts the following sections of Chapter 197-11 by reference:

WAC
197-11-164 Planned actions - Definition and criteria.
197-11-168 Ordinances or resolutions designating planned actions - Procedures for adoption.
197-11-172 Planned actions - Project review.
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement - Procedures.
197-11-625 Addenda - Procedures.
197-11-630 Adoption - Procedures.
197-11-635 Incorporation by reference - Procedures.
197-11-640 Combining documents. (Ord. 2011-013, 2011)

Article VII. SEPA and Agency Decisions

15.04.190 Purpose of this article and adoption by reference.
This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The county adopts the following sections by reference:

WAC
197-11-650 Purpose of this part.
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
197-11-680 Appeals. (Ord. 2011-013, 2011)

15.04.200 Substantive authority.

1. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the county.
2. The county may attach conditions to a permit or approval for a proposal so long as:
   1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents pursuant to this chapter;
   2. Such conditions are in writing;
   3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
   4. The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
   5. Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.
3. The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
   1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS pursuant to this chapter and
   2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and
   3. The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.
4. The county designates and adopts by reference the following policies as the basis for the county's exercise of authority pursuant to this section:
   1. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
      1. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
      2. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
      3. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
      4. Preserve important historical, cultural, and natural aspects of our national heritage;
      5. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
      6. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and
      7. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
   2. The county recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
   3. The county adopts by reference the policies in the following county ordinances, resolutions, plans, rules, and regulations by reference:
      1. The Kittitas County Comprehensive Floodplain Hazard Management Plan; adopted December 1996, as may hereby be amended;
      2. The Kittitas County Shoreline Management Master Program, as may hereafter be amended;
      3. The Kittitas County Comprehensive Plan adopted December 2010, as may hereafter be amended;
      4. Kittitas County Noise Ordinance, Chapter 9.45 of this code;
      5. Kittitas County Zoning Code, Title 17 of this code, as may hereafter be amended;
      6. The Kittitas County Flood Damage Prevention Ordinance,
      7. The Kittitas County Recreation Plan/Outdoor Recreation Inventory, as may hereafter be amended
      8. The Kittitas County Building and Construction Code, Title 14 of this code, as may hereafter be amended;
      9. The Kittitas County Board of Health regulations, Title 8 of this code;
      10. Kittitas County Subdivision Code, Title 16 of this code, as may hereafter be amended;
      11. The Kittitas County Roads and Bridges Code, Title 12 of this code, as may hereafter be amended;
      12. The Kittitas County Critical Areas Ordinance, Title 17A of this code, as may hereafter be amended;
      13. Kittitas County-wide planning policies, adopted July 26, 2010, as may hereafter be amended.

(Ord. 2014-015, 2014; Ord. 2011-013, 2011)

15.04.210 Appeals.*

1. The county establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:
   1. An administrative appeal relating to a FEIS or DNS for a nonexempt action that does not require a public hearing shall be heard by the board of county commissioners.
   2. An administrative appeal relating to a FEIS or DNS for a nonexempt action that requires a public hearing shall be combined with and heard by the recommending body for the underlying action.
   3. Administrative appeals relating to a DS shall be heard by the hearing examiner.
   4. For any appeal under this subsection, the county shall provide for a record in compliance with KCC 15A.07.
2. The county shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal.
3. Subsequent appeals of SEPA determinations, after the Open Record appeal to either the Hearing Examiner or board of county commissioners, shall be made to Superior Court, or hearings board, as appropriate, as part of an appeal of the associated decision, and shall be made to the appropriate appellate body within ten (10) working days to the Kittitas County Board of Commissioners. Such appeals shall be filed pursuant to Chapter 15A.07 KCC. The agency shall give official notice stating the date and place for commencing an appeal. If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080.
4. Appeals shall be of the governmental action together with its accompanying environmental determinations. Kittitas County shall consolidate an appeal of procedural issues made under Chapter 43.21C RCW and Chapter 15.04 KCC (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing body to consider the agency decision on a proposal and any environmental determinations made, with the exception of the appeal, if any, of a threshold determination of significance.
5. Appeals on SEPA procedures shall be limited to review of a final threshold determination and final EIS. These appeals may occur prior to an agency's final decision on a proposed action. Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed.
6. Kittitas County shall provide for only one appeal of a threshold determination or of the adequacy of an EIS. Successive appeals on these issues shall be to Superior Court of Hearing Board, as appropriate

(Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2011-013, 2011)

* Publisher's note: This section was mistakenly referred to as 15A.04.210 in Ordinance 2014-008.

15.04.220 Notice/statute of limitation.

1. The county, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.
2. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the county auditor, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 2011-013, 2011)

Article VIII. Definitions

15.04.230 Purpose of this article and adoption by reference.
This article contains uniform usage and definitions of terms under SEPA. The county adopts the following sections by reference, as supplemented by WAC 173-806-040, except as modified by additional definitions under KCC 15.04.030:

WAC
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost benefit analysis.
197-11-728 County.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment
197-11-742 Environmental checklist
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-775 Open record hearing.
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action. (Ord. 2011-013, 2011)

Article IX. Categorical Exemptions

15.04.240 Adoption by reference.
The county adopts by reference the following rules for categorical exemptions, as supplemented in this ordinance, including KCC 15.04.090 (Flexible thresholds), KCC 15.04.110 (Use of exemptions).

WAC
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions. (Ord. 2011-013, 2011)

Article X. Agency Compliance

15.04.250 Purpose of this article and adoption by reference.
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections by reference:

WAC
197-11-900 Purpose of this part.
197-11-902 Agency SEPA policies.
197-11-916 Application to ongoing actions.
197-11-920 Agencies with environmental expertise.
197-11-922 Lead agency rules.
197-11-924 Determining the lead agency.
197-11-926 Lead agency for governmental proposals.
197-11-928 Lead agency for public and private proposals.
197-11-930 Lead agency for private projects with one agency with jurisdiction.
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county.
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county and one or more state agencies.
197-11-936 Lead agency for private projects requiring licenses from more than one state agency.
197-11-938 Lead agencies for specific proposals.
197-11-940 Transfer of lead agency status to a state agency.
197-11-942 Agreements on lead agency status.
197-11-944 Agreements on division of lead agency duties.
197-11-946 DOE resolution of lead agency disputes.
197-11-948 Assumption of lead agency status. (Ord. 2011-013, 2011)

15.04.260 Fees.

1. For every environmental checklist the county will review when it is lead agency, the county shall establish a fee by resolution as referenced in Chapter 4.08 and shall collect the fee prior to undertaking a threshold determination.
2. For every environmental impact statement, the county shall require fees for its activities in accordance with the provisions of this chapter:
   1. When the county is the lead agency for a proposal requiring an EIS and the responsible official determines that an EIS shall be prepared by employees of the county, a development agreement will be established between the county and the applicant to insure that the county collects reasonable fee from any applicant to cover costs incurred by the county in preparing the EIS.
   2. The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the county and may bill such costs and expenses directly to the applicant. The county may require the applicant to post bond or otherwise insure payment of such costs. Such consultants shall be selected by mutual agreement of the county and applicant after a call for proposals.
   3. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) or (b) of this subsection which remain after incurred costs are paid.
      1. The county may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by chapter 42.17 RCW.
         (Ord. 2017-001, 2017; Ord. 2011-013, 2011)

15.04.270 Administrative guidelines.
The responsible official is authorized to adopt further administrative guidelines to provide processing, administration and interpretation of these regulations. All such policies shall be in writing and available to the public in the offices of the department of community development. (Ord. 2011-013, 2011)

15.04.280 Title.
If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2011-013, 2011)

Article XI. Forms

15.04.290 Adoption by reference.
The county adopts the following forms and sections by reference:

WAC
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of nonsignificance (DNS).
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action. (Ord. 2011-013, 2011)

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Chapter 15.08
BURN BANS

Sections
15.08.010 Established when.
15.08.020 Open burning prohibited.
15.08.030 Violation - Penalty.

15.08.010 Established when.

1. The Kittitas County fire marshal may, after a written determination to the Kittitas County board of commissioners that there is an extreme fire hazard in the county, establish a prohibition against burning in incinerators, open burning, and recreational fires as such are defined in 1997 Uniform Fire Code, Article 11, Section 1102. The Kittitas County fire marshal shall notify the Kittitas County board of commissioners, in writing, when such a burning ban should be lifted because the period of extreme fire hazard has ceased.
2. The Kittitas County board of commissioners may rescind the establishment of a burn ban or modify the condition of a burn ban upon petition to the board or upon the request for a meeting by a member of the board. Such rescission or modification by the board shall occur only after holding a public meeting on this matter. The issuance of a burn ban by the fire marshal is presumed valid and shall only be rescinded or modified upon entry of finding of facts from the record which clearly demonstrate that there is not an extreme fire hazard warranting the issuance of a burn ban or that the limitation of the burn ban are excessive under the circumstances.
3. The Kittitas County fire marshal may grant campgrounds or special events an exemption to a burn ban upon application to the county fire marshal and the payment of a processing fee in the amount of forty dollars per hour with a minimum of one hour. Any exemption shall contain such conditions as the fire marshal deems necessary to mitigate the concerns for extreme fire hazard (1997 Uniform Fire Code, Appendix II-A, Section 13). Such exemptions and conditions shall be in writing. A copy of such exemption (with conditions) shall be prominently posted at the burning site and shall be provided to the Kittitas County board of commissioners. Any party feeling aggrieved by a denial of a burn ban exemption or the conditions imposed as part of the grant of an exemption may appeal such decision to the Kittitas County board of commissioners. (Ord. 2002-08 (part), 2002: Ord. 94-17 § 1, 1994).

15.08.020 Open burning prohibited.
It is unlawful to engage in burning in any unincorporated area in Kittitas County in an incinerator, open fire or recreational fire after the Kittitas County fire marshal has established the burn bans and prior to the bans being lifted unless such burning is conducted in accordance with a written exemption pursuant to Section 15.08.010(c). (Ord. 2002-08 (part), 2002: Ord. 94-17 § 2, 1994).

15.08.030 Violation - Penalty.
Any person, company, firm, corporation or other legal entity who:

1. Violates Section 15.08.020 shall be guilty of an infraction, punishable by a fine of two hundred fifty dollars.
2. Violates Section 15.08.020 a second time within any twelve-month period shall be guilty of a misdemeanor, punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
3. Violates Section 15.08.020 three or more times within ten years shall be guilty of a gross misdemeanor, punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars. (Ord. 2002-08 (part), 2002: Ord. 94-17 § 3, 1994).



Title 15A | PROJECT PERMIT APPLICATION PROCESS*

Chapters
15A.01 Administration, Purpose and Objective
15A.02 Definitions
15A.03 Project Permit Application Review
15A.04 Integration of SEPA
15A.05 Hearings
15A.06 Notice of Decision
15A.07 Administrative Decisions Appeals
15A.08 Judicial Appeal
15A.09 Planned Actions
15A.10 Amendments
15A.11 Development Agreements
15A.12 Coordination with State Permitting
15A.13 (Repealed)

* Prior legislation: Ords. 96-19 and 97-05.

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Chapter 15A.01
ADMINISTRATION, PURPOSE AND OBJECTIVE

Sections
15A.01.010 Purpose and authority.
15A.01.020 Administrative and enforcement officers.
15A.01.030 Applicability.
15A.01.040 Roles and responsibilities.
15A.01.050 Severability.

15A.01.010 Purpose and authority.
It is the purpose of this title to effectively and efficiently administer applications for land use development activities by combining environmental review process, both procedural and substantive, with the procedure for review of project permits.

1. Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering part of or all project permits requested by an applicant for all or part of a project action, and a designated permit coordinator.
2. When a project permit application is filed, the project review process should include land use, environmental, public, and governmental review so that documents prepared under different requirements can be reviewed together by the public and other agencies, in one project review process. In the event of inconsistencies within county code pertaining to such processing, this title shall control. (Ord. 2000-07; Ord. 98-10, 1998)

15A.01.020 Administrative and enforcement officers.

1. It shall be the duty of the Community Development Services director or such other persons designated by the county commissioners to administer the provisions of this title.
2. The prosecuting attorney may institute any necessary legal proceedings to enforce the provisions of this title.
3. The county sheriff and his authorized representatives shall have the authority to enforce the provisions of this title. (Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.01.030 Applicability.
The provisions of this title shall apply to all land use permits under KCC Titles 15, 15A, 16, 17, and 17A, county shoreline master program, and to any related regulation or any other ordinance or law implementing these provisions. In the event of conflict with the current county code, this title shall control. (Ord. 2000-07; Ord. 98-10, 1998)

15A.01.040 Roles and responsibilities.
The regulation of land development is a cooperative activity including many different elected and appointed bodies and county staff. The specific responsibilities of these bodies is set forth below and outlined in Table A at the end of this title.

1. Applicant. An applicant is expected to read and understand the county comprehensive plan and code and be prepared to fulfill the obligations placed on the applicant. Pre-application conferences are available to anyone who wishes to discuss such obligations prior to submittal.
2. Community Development Services Director.
   1. The Community Development Services Director (CDS Director) is responsible for the administration of portions of KCC Title 15, Environmental Policy, Title 15A, Project Permit Application Process, Title 16, Subdivisions, Title 17, Zoning, Title 17A, Critical Areas, and the shoreline master program.
   2. Upon request or as determined necessary, the CDS Director shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation.
   3. Administrative land use decisions on certain zoning conditional uses, and variances from the standards and dimensional regulations of the zoning code, KCC Title 17, such as setback and yard restrictions.
   4. The CDS Director or his/her designee shall have the authority to review and approve, deny, or approve with conditions, applications for the following:
      1. Letters of exemption from a shoreline substantial development permit;
      2. Shoreline substantial development permits;
      3. Revisions to shoreline substantial development permits; and
      4. Requests for timing extensions for i through iii above.
3. Board of County Commissioners. In addition to its legislative responsibilities under KCC Title 15B, the board shall review and act on the following subjects pursuant to this title:
   1. Recommendations of the Planning Commission. Decision-making process by the board shall consist of a public meeting or meetings wherein the board reviews the written record transmitted from the Planning Commission for Legislative matters and issues a written decision in resolution or ordinance form. During such meeting(s), appropriate county staff will present the record to the board, providing information as necessary to ensure county code compliance. No new comment or information will be allowed by the board during the decision-making process.
   2. Appeals of site-specific rezones.
   3. Development Agreements.
4. Hearing Examiner - Decision. The Hearing Examiner shall review and make a final decision for the purposes of appeal under KCC section 15A.07 on the following applications and subjects pursuant to this title:
   1. Initial local County decision on Shoreline Conditional Use Permits subject to the Shoreline Master Program;
   2. Initial local County decision on Shoreline Variances pursuant to the Shoreline Master Program;
   3. Shoreline substantial development permits that are included in consolidated permit applications that are subject to Hearing Examiner review and action;
   4. Conditional use permits pursuant to the zoning code, KCC Title 17;
   5. Application for preliminary plats;
   6. Site-Specific Rezone applications;
   7. Appeals of administrative SEPA actions regarding an action without an underlying permit;
   8. Open record appeal of administrative SEPA actions;
   9. Appeal of administrative determinations such as short plats, variances, and code interpretations;
   10. Other actions requested or remanded by the Board of County Commissioners; and
   11. Appeal of administrative determinations regarding road standard variance decisions.
5. Washington State Department of Ecology. The Washington State Department of Ecology shall be responsible for the final approval, denial, or approval with conditions for the following:
   1. Shoreline conditional use permits and revisions to same; and
   2. Shoreline variances and revisions to same.

(Ord. 2022-005, 2022; Ord. 2018-021, 2018; Ord. 2016-006, 2016; Ord. 2014-008, 2014;)

15A.01.050 Severability.
If any chapter, section, subsection, sentence, clause, phrase, part or portion of this title is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title or the application of the provisions to other persons or circumstances. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.02
DEFINITIONS

Sections
15A.02.010 Generally.
15A.02.020 Administrator.
15A.02.030 Repealed.
15A.02.040 Consistency.
15A.02.050 Land use decision.
15A.02.060 Open record hearing.
15A.02.070 Person.
15A.02.080 Project permit or project permit application.
15A.02.090 Public meeting.

15A.02.010 Generally.
Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "building" includes the word "structure," and the word "shall" is mandatory and not directory. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.020 Administrator.
"Administrator" means the county planning director or his/her designee. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.030 Repealed. (Ord. 2012-009, 2012; Ord. 2000-07; Ord. 98-10, 1998)

15A.02.040 Consistency.
"Consistency" means, including but not limited to, compliance, conformity and consistency, and refers to performance in accordance with Kittitas County comprehensive plan and development regulations. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.050 Land use decision.
"Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on:

1. An application for a project permit or other governmental approval required by law before real property may be improved, developed, modified, subdivided, or used, but excluding applications for permits or approvals to use, vacate, or transfer streets, parks, and similar types of public property, excluding applications for legislative approvals such as area-wide rezones and annexations, and excluding applications for business licenses;
2. An interpretive or declaratory decision regarding the application to a specific property of zoning or other ordinance or rules regulating the improvement, development, modification, maintenance, or use of real property; and
3. The enforcement by a local jurisdiction of ordinances regulating the improvement, development, modification, maintenance, or use of real property. (Ord. 2000-07; Ord. 9810, 1998)

15A.02.060 Open record hearing.
"Open record hearing" means a hearing by a single hearing body or officer, authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information under procedures prescribed by the local government by ordinance or resolution. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.070 Person.
"Person" means an individual, partnership, corporation, association, public or private organization, or government entity or agency. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.080 Project permit or project permit application.
"Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations. (Ord. 2000-07; Ord. 98-10, 1998)

15A.02.090 Public meeting.
"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.03
PROJECT PERMIT APPLICATION REVIEW

Sections
15A.03.010 Complete application defined.
15A.03.020 Pre-application conference.
15A.03.030 Application and accompanying data.
15A.03.040 Determination of complete application.
15A.03.045 Permit processing time.
15A.03.050 Fee schedule.
15A.03.060 Notice of application.
15A.03.070 Specific procedures for permit review.
15A.03.080 Projects exempt from the provisions of notice of application.
15A.03.090 Review actions on project permit applications.
15A.03.100 Criteria for review of all project actions.
15A.03.110 Posting sites.

15A.03.010 Complete application defined.
The definition of a complete project permit application is defined in the relevant section of the zoning code, subdivision code, or, if applicable, development agreement adopted pursuant to this title. (Ord. 2000-07; Ord. 98-10, 1998)

15A.03.020 Pre-application conference.
A pre-application conference is offered to all interested potential applicants. Applicants are encouraged but not required to request this conference except in the case of a Cluster Platting and Conservation Platting, Planned Unit Development, master planned resort, conditional use permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, rezone and any preliminary plat over nine (9) lots  where a pre-application conference is required.

1. Prior to formal submittal of a project permit application, one or more optional conferences with appropriate county department representatives and other public agency representatives may be requested by the applicant. The date, time and place of such conferences shall be at the mutual agreement of the participants.
2. Such conferences are intended as informal discussion and review of possible applications to assist the possible applicant in discovery of appropriate county regulations, standards, application formats and review processes that would be required of a project.
3. Such conferences are not publicized and the public is not permitted to attend in order that a potential applicant's interests be protected.
4. A pre-application conference may be waived if the CDS Director or Planning Official determines that the proposal is relatively simple (has few, if any, development-related issues), is substantially similar to a prior proposal affecting the same property, or is substantially similar to other projects developed by the same applicant. In order to request a pre-application waiver, the applicant shall submit a completed pre-application waiver request form, a written narrative justifying the request for a pre-application waiver, and the required fee.

(Ord. 2016-006, 2016; Ord. 2013-001, 2013; Ord. 2011-013, 2011; Ord. 2010-014, 2010; Ord. 2007-22, 2007; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.03.030 Application and accompanying data.

1. Written application for the approval of proposed project activities such as: zoning variance; zoning conditional use; short plat, long plat or subdivision; binding site plans; shorelines substantial development/conditional use/variance; master planned resort; and site-specific rezone shall be filed in complete form in the Community Development Services office upon forms prescribed for that purpose by the administrator.
2. The written application shall be accompanied by a site plan showing the dimensions and arrangement of the proposed development or changes including all proposed land uses and structures; points of access, roads and parking areas; septic tank and drainfield and replacement areas; areas to be cut or filled; and natural features such as contours, streams, wetlands, hazardous slopes, etc. The administrator may require other drawings, topographic surveys, photographs, or other material essential to an understanding of the proposed use and its relationship to the surrounding properties.
3. Applications for project permits shall be signed by the owner(s) of the property.
4. Appropriate fee(s) paid in full.

(Ord. 2014-015, 2014; Ord. 2010-014, 2010; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.03.040 Determination of complete application.

1. Within 28 days after receiving a project permit application, the local permitting agency shall mail or provide in person a written determination to the applicant, stating either:
   1. That the application is complete; or
   2. That the application is incomplete and what is necessary to make the application complete. An incomplete application shall expire after 180 calendar days unless the requested supplemental information is submitted in complete form.
2. To the extent known by the permitting agency, the permitting agency shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application.
3. A project permit application is complete for the purposes of this title when it meets the procedural submission requirements of Kittitas County and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude Kittitas County from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.
4. Within 14 days after an applicant has submitted to the permitting agency additional information identified by the permitting agency as being necessary for a complete application, the permitting agency shall notify the applicant whether the application is complete or what additional information is necessary. In determining the number of days that have elapsed after Kittitas County has notified the applicant that the application is complete, the following periods shall be excluded:
   1. Any period during which the applicant has been requested by Kittitas County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date Kittitas County notifies the applicant of the need for the additional information until the earlier of the date Kittitas County determined whether the additional information satisfies the request for information or 14 days after the date the information has been provided to Kittitas County.
      1. If Kittitas County determines that the additional information submitted by the applicant is insufficient, it shall notify the applicant of the continued deficiencies and the procedures under subsection (4)(a) of this section shall apply as if a new request for studies has been made.
   2. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW, if Kittitas County and the applicant in writing agree to a time period for completion of an environmental impact statement.
   3. Any period of administrative appeals of project permits, if an open record hearing or a closed record appeal, or both, are allowed. The time period to consider and decide such appeals shall not exceed:
      1. Ninety days for an open record appeal hearing;
      2. Sixty days for a closed record appeal; and
      3. The parties to an appeal may agree to extend these time periods.
   4. Any extension of time mutually agreed upon by the applicant and Kittitas County.
   5. These time limits do not apply to a project permit application, if the project:
      1. Requires an amendment to the comprehensive plan or a development regulation;
      2. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200;
      3. Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.
   6. If Kittitas County is unable to issue its final decision within the time limits provided, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date of issuance of the notice of final decision.
   7. Applications shall be void if they remain incomplete for more than 180 days.
   8. This section shall apply to project permit applications filed on or after the date of adoption of this title.

(Ord. 2014-015, 2014; Ord. 2000-07; Ord. 9810, 1998)

15A.03.045 Permit processing time.

1. Once an application has been deemed complete, the Director may request the applicant to submit additional corrections, studies or other information on the proposed project. The Director shall set a reasonable deadline for the submittal of corrections, studies or other information when requested, and shall provide written notification of such requests to the applicant.
2. Failure by the applicant to meet such deadline shall be cause for the application to be void. However, an extension of such deadline may be requested by an applicant if the request is made prior to the expiration of the deadline. Extension requests shall be submitted in writing, include a justification of why an extension is warranted.
3. When considering a request for a deadline extension, the Director shall give consideration to the code provisions to which the project is vested, if any. In order to assure equity in permit processing between past, current, and future applicants, deadline extensions shall be limited to one extension after code provisions affecting the project have changed. Once code provisions have changed as to make the vested code substantially different than current code, a requested deadline extension of up to six months may be granted, but it shall be the final extension granted. The Director shall determine whether code changes have created substantially different regulations.
4. The Director shall provide a written, mailed response to the applicant with its decision on each extension request.  (Ord. 2018-021, 2018; Ord. 2013-001, 2013; Ord. 2010-014 , 2010)

15A.03.050 Fee schedule.
The fees for application related to this title shall be established by resolution and are referenced within Title 4 of the Kittitas County Code.
(Ord. 2017-001, 2017; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.03.060 Notice of application.
Kittitas County shall provide a notice of application to the public and the departments and agencies with jurisdiction. If Kittitas County has made a SEPA determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this subsection prevents a determination of significance and scoping notice from being issued prior to a notice of application.

1. The notice of application shall be provided within 14 days after the determination of completeness in the following method:
   1. Publishing notice, including at least the project location in other than a legal description, brief description of project, type of permit(s) required, comment period dates, and location where the complete application may be reviewed in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by Kittitas County. Additional legal notice may be published for development applications located in the upper county in newspapers published at least weekly, in addition to the legal publishing requirement in the official county paper of record.
   2. Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered.
   3. Mailing to adjacent landowners. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within 500 feet of any portion of the boundary of the proposal's tax parcel or lot of record (real property). If the owner of the real property which is proposed for activity owns another parcel or parcels of real property which lie adjacent to the real property proposed for activity, notice shall be given to owners of real property located within 500 feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed for activity. Mailed notice for Solar Power Production Facilities shall be provided in accordance with KCC 17.61C.080(2).
   4. Notifying the news media.
   5. Posting notice via the Kittitas County Website.
   6. Posting the site as outlined in KCC 15A.03.110.
2. The notice of application shall include the following:
   1. The date of initial application, the date of the notice of completion for the application, and the date of the notice of application.
   2. A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any additional studies requested to complete the application.
   3. The identification of other permits not included in the application to the extent known by Kittitas County.
   4. The identification of existing environmental documents that evaluate the proposed project.
   5. The location where the application and any studies can be reviewed.
   6. A statement of the public comment period, which shall be not less than 14 nor more than 30 days following the date of the notice of application. This comment period shall be pursuant to Table A at the end of this title.
   7. Statement of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.
   8. Kittitas County will accept public comments at any time prior to the closing of the public comment period of the specific application.
   9. The date, time, place and type of hearing, if applicable and scheduled at the date of notice of the application.
   10. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency.
   11. Identify the designated permit coordinator.
   12. Any other information determined appropriate by Kittitas County.
3. If the administrator has a reasonable basis for determining significant adverse environmental impacts are unlikely (pursuant to Chapter 15.04 KCC, SEPA Regulations) for a proposal, the notice of application comment period will suffice for purposes of compliance with Chapter 197-11 WAC, and a second comment period after issuance of the SEPA threshold determination will not be required; provided, the notice of application includes the following:
   1. A statement indicating that the county expects to issue a DNS for the proposal; and
   2. A statement indicating that the optional DNS process is being used, and that this may be the only opportunity to comment on the environmental impacts of the proposal; and
   3. A statement indicating that the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
   4. A statement indicating that a copy of the subsequent threshold determination for the specific proposal may be obtained upon request.
4. A notice of application shall not be required for project permits that are categorically exempt under Chapter 43.21C RCW (SEPA), unless a public comment period is required or for projects identified in KCC 15A.03.080, Projects exempt from the provisions of notice of application. (Ord. 2018-018, 2018; Ord. 2007-22, 2007; Ord. 2000-07, 2000; Ord. 98-10, 1998)

15A.03.070 Specific procedures for permit review.
The specific procedures for individual permit applications and independent administrative actions, including public comment period, public hearing, decision-making body, and appeals, are established pursuant to Table A at the end of this title. (Ord. 2000-07; Ord. 98-10, 1998)

15A.03.080 Projects exempt from the provisions of notice of application.
The following project proposals and land use actions shall be exempt from the provisions of notification when not associated with a larger, overall project. These projects allow an abbreviated application format and do not involve public review or hearing unless appeal to an administrative determination involving the underlying project is properly filed:

1. An act of subdivision not required to be accomplished by long plat, large lot subdivision short plat, or binding site plan;
2. Land use activity permitted without benefit of conditional use approval (administrative or quasi-judicial), as listed in KCC Title 17, Zoning;
3. Minor amendments or modifications to approved developments or permits. Minor amendments are those which may affect the precise dimensions or locations of buildings, accessory structures and driveways, but do not affect the overall project character, increase the number of lots, dwelling units, or density, or decrease the quality or amount of open space;
4. Building and associated construction permits, including but not limited to mechanical, plumbing, tank and manufactured home placement, etc.;
5. Sign permit;
6. Flood development permit;
7. Critical areas binding determination;
8. Septic and associated health permits, including vault privy, pool and food handler, etc.;
9. Well and/or community water system permit;
10. Approval to access onto county road;
11. Acts of right-of-way vacation;
12. Miscellaneous county actions related to use of public areas or facilities;
13. Those actions categorically exempt from SEPA review, pursuant to Chapter 15.04 KCC, except as may be required by KCC 15A.03.060(D);
14. Those actions exempt from shoreline substantial development permitting process as set forth in WAC 173-27-040(2) and RCW 90.58.030.

(Ord. 2016-006, 2016; Ord. 2014-015, 2014; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.03.090 Review actions on project permit applications.
Project review shall include the following steps:

1. A notice of determination of completeness to the applicant.
2. A notice of application to the public and agencies with jurisdiction.
3. No more than one consolidated open record hearing and no more than one closed record appeal.
4. Provisions may be allowed by the local jurisdiction for any public meeting or required open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of Chapter 36.70B RCW.
5. A single report by a representative of the administrator, stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060 . The report may be the local permit. If a threshold determination other than a determination of significance has not been issued by Kittitas County, the report shall include or append this determination.
6. A notice of decision.
7. Except as otherwise provided for in this title, Kittitas County shall issue its notice of final decision on a project permit application within 120 days after Kittitas County notifies the applicant that the application is complete. (Ord. 2000-07; Ord. 98-10, 1998)

15A.03.100 Criteria for review of all project actions.
Project review should start from the fundamental land use planning choices made in local comprehensive plans and regulations, include review of consistency and land use impacts.

1. Applicable comprehensive plans and regulations that identify the type of land use for the site, specify density, and identify and provide for funding of public facilities needed to serve the proposed development and site should be the standard for project review. Consistency should be determined in the project review process by considering four factors found in applicable plans or regulations:
   1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional uses, if the criteria for their approval have been satisfied;
   2. The level of development allowed, such as units per acre or other measures of density;
   3. Infrastructure, such as the adequacy of public facilities and services identified in the comprehensive plan, to serve the proposed project; and
   4. The character of the proposed development, such as compliance with specific development standards.
2. In determining consistency, the determinations made pursuant to this title shall be controlling.
3. Project review should not require additional studies or mitigation under Chapter 43.21C RCW (SEPA) where existing regulations have adequately addressed a proposed project's probable specific adverse environmental impacts.
4. Supplemental authority as specified by Chapter 43.21C RCW should be used to the extent that existing requirements do not adequately address a project's specific probable adverse environmental impacts.
5. Nothing in this title limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under Kittitas County comprehensive plan and development regulations and its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of the development, such as details of site plans, curb cuts, drainage swales, transportation demand management, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.
6. Consistency between the proposed project and applicable regulations or plan should be determined through a project review process that integrates land use and environmental impact analysis, so that governmental and public review of the proposed project, involving development regulations under Chapter 36.70A RCW, and environmental process under Chapter 43.21C RCW run concurrently and not separately.
7. During project review, Kittitas County or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in such Kittitas County comprehensive plan and development regulation standards, except for issues of code interpretation.
8. When holding a hearing on a project permit application, the hearing body should utilize the following issues outlined as a review guide: earth, air, water (including irrigation water and its conveyances), plants, animals, energy and natural resources, environmental health, land and shoreline use, housing, aesthetics, light and glare, recreation, historic and cultural preservation, transportation, public services, and utilities. (Ord. 2000-07; Ord. 9810, 1998)

15A.03.110 Posting site.

1. These provisions shall apply to all development applications, except for development applications processed administratively.
2. The applicant shall post the subject property with signs as required by Community Development Services.
3. Signs shall be posted on each road frontage on the subject property and shall be clearly visible and accessible.
4. Signs shall be posted and on-site prior to issuance of a Notice of Application.
5. The sign shall be a minimum 2 feet by 3 feet and laminated and posted in a sturdy manner to remain on-site until after the expiration of the notice of decision appeal period. It shall be the responsibility of the applicant to properly dispose of the sign.
6. At the time of development application, Community Development Services will identify the number of signs needed and the general location of each sign on the subject property.
7. It shall be the responsibility of the applicant to place the structure in which the sign will be posted on-site. At such time the structure and sign is in place, the applicant shall return the signed affidavit of posting form to Community Development Services.

(Ord. 2014-015, 2014; Ord. 2007-22, 2007)

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Chapter 15A.04
INTEGRATION OF SEPA AND APPEALS OF SEPA ACTIONS

Sections
15A.04.010 SEPA integration.
15A.04.020 (Repealed)
15A.04.030 (Repealed)

15A.04.010 SEPA integration.
The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Kittitas County shall integrate the permit procedures in this title with environmental review under Chapter 43.21C RCW (SEPA) and Chapter 15.04 KCC as follows.

1. Existing plans, regulations, rules or laws that provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed projects should be integrated with, and should not be duplicated by, environmental review under Chapter 43.21C RCW and Chapter 15.04 KCC.
2. Through an integrated project review process:
   1. If the applicable regulations require studies that adequately analyze all of the project's specific probable adverse environmental impacts, additional studies under SEPA will not be necessary on those impacts;
   2. If the applicable regulations require measures that adequately address such environmental impacts, additional measures would likewise not be required under SEPA; and
   3. If the applicable regulations do not adequately analyze or address a proposal's specific probable adverse environmental impacts, additional review will be required.
3. In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, Kittitas County shall consult orally or in writing with that agency. In making this deferral, Kittitas County shall base or condition its project approval on compliance with these other existing rules or laws.
4. Nothing in this title limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws.
5. Except for a determination of significance, the administrator may not issue his/her threshold determination under SEPA, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application, except for categorical exemptions.
6. Nonsignificant threshold determinations shall be included with or appended to the single report of decision or recommendation.
7. An environmental impact statement (EIS) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The EIS may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identified in the combined document. (Ord. 2000-07; Ord. 98-10, 1998)

15A.04.020 (Repealed)

(Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2000-07; Ord. 9810, 1998)

15A.04.030 (Repealed)

(Ord. 2014-015, 2014; Ord. 2000 07; Ord. 98-10, 1998)

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Chapter 15A.05
HEARINGS

Sections
15A.05.010 Hearings.
15A.05.020 Procedures for hearings.

15A.05.010 Hearings.
Kittitas County shall hold a public hearing on each application for a project permit if one is so required.

1. Upon the filing of an application for a development activity as set forth in this title and other laws, the administrator shall, in consultation with the appropriate hearing body chair, set the time and place for a public hearing if one is so required on such a matter, and written notice thereof shall be sent through the United States mail to all parties on the notice of application listing, as defined in Chapter 15A.03 KCC.
2. Kittitas County may combine any hearings on a project permit with any hearings that may be held by another local, state, regional, federal, or other agency; provided, that the hearing is held within the geographic boundary of the local government. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within required time periods or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing shall issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations. Each government entity shall render their respective decision according to their statutory obligations. (Ord. 2000-07; Ord. 9810, 1998)

15A.05.020 Procedures for hearings.

Public hearings shall be conducted in accordance with the hearing body's rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The chair shall open the public hearing and, in general, observe the following sequence of events:

1. Staff presentation, including submittal of any administrative reports. Members of the hearing body may ask questions of the staff.
2. Applicant presentation, including submittal of any materials. Members of the hearing body may ask questions of the applicant. Questions to the staff shall be posed by the chair at its discretion.
3. Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the chair at its discretion.
4. Rebuttal, response or clarifying statements by the staff and the applicant.
5. The evidentiary portion of the public hearing shall be closed and the hearing body shall deliberate on the matter before it. (Ord. 2022-017, 2022; Ord. 2014-008, 2014; Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.06
NOTICE OF DECISION

Sections
15A.06.010 Notice of decision issuance.
15A.06.020 Order to include finding of fact.

15A.06.010 Notice of decision issuance.
A notice of decision shall be provided that includes a statement of any threshold determination made under Chapter 43.21C RCW (SEPA) and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. For projects requiring Hearing Examiner or Planning Commission review and Board of County Commissioner approval, the notice shall be the signed ordinance or resolution.

1. Kittitas County shall provide notice of decision in the same manner as the notice of application.
2. The notice of decision shall be provided to the following persons:
   1. The applicant;
   2. Any person who, prior to the rendering of the decision, specifically requested notice of the decision;
   3. Any person who, prior to the rendering of the decision, submitted substantive comments on the application. (Ord. 2007-37, 2007; Ord. 2000-07; Ord. 98-10, 1998)

15A.06.020 Order to include finding of fact.
Kittitas County shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.07
ADMINISTRATIVE DECISIONS APPEALS

Sections
15A.07.010 Appeal of determination or decision.
15A.07.020 Procedures for Administrative appeals.
15A.07.030 Repealed.
15A.07.040 Remand.
15A.07.050 Appeal of decision - Scope of authority.

15A.07.010 Appeal of determination or decision.

1. An appeal of an administrative land use decision shall be filed with the board of Community Development Services within 10 working days of the date of the decision.
2. Appeals shall contain a written, concise statement identifying:
   1. The decision being appealed;
   2. The name and address of the appellant and his interest(s) in the matter;
   3. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong;
   4. The desired outcome or changes to the decision;
   5. The appeals fee.
      The appeal shall contain only the above listed material, and shall not contain or attempt to introduce new evidence, testimony, or declaration.
3. Upon the filing of a timely appeal, the administrator shall, in consultation with the appropriate hearing body chair pursuant to KCC 15A.01.040, set the time and place at which the matter will be considered and establish a briefing schedule for the parties. The officer from whom the appeal is being taken shall forthwith transmit to the reviewing body and the parties all of the records pertaining to the decision being appealed. The appellant's brief and supporting declarations shall be due no sooner than 15 days after having received the administrative record and no later than 30 days prior to the hearing date. Briefing and supporting declarations from the County and any other Respondents shall be due 10 working days prior to the hearing date. There shall be no response or rebuttal briefing by any party. All parties submitting briefing with or without supporting declarations have the responsibility to deliver copies of such documents to the hearing body and all other parties within the time limits set herein. (Ord. 2019-013, 2019; Ord. 2014-008, 2014; Ord. 2010-008; Ord. 2000-07; Ord. 98-10, 1998)

15A.07.020 Procedures for Administrative appeals.

1. Administrative appeals shall serve to provide argument and guidance for the body's decision. The deciding body shall conduct the appeal as an open record hearing. The parties to the appeal shall submit timely written statements or arguments to the decision-making body.
2. The hearing body shall deliberate on the matter in public after closing the open record portion of the hearing and reach its decision on the appealed matter.
3. A written decision by the hearing body shall be issued within 30 days of the close of the Administrative Hearing. (Ord. 2014-008, 2014; Ord. 2010-008; Ord. 2000-07; Ord. 98-10, 1998)

15A.07.030 Repealed. ( Ord. 2010-008 ; Ord. 2000-07; Ord. 98-10, 1998)

15A.07.040 Remand.
In the event the reviewing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, that body may remand back to the hearing body to correct the deficiencies. The reviewing body shall specify the items or issues to be considered and the time frame for completing the additional work. (Ord. 2000-07; Ord. 98-10, 1998)

15A.07.050 Appeal of decision - Scope of authority.
In exercising the power granted herein, the reviewing body may, in conformity with county code, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.08
JUDICIAL APPEAL

Sections
15A.08.010 Judicial appeal.

15A.08.010 Judicial appeal.

1. Proceedings for review shall be commenced by filing a land use petition in superior court. This process shall be the exclusive means of judicial review of land use decisions, except for:
   1. Land use decisions of a local jurisdiction that are subject to review by a quasi-judicial body created by state law, such as the Shorelines Hearings Board or the Growth Management Hearings Board;
   2. Judicial review of applications for a writ of mandamus or prohibition; or
   3. Claims provided by any law for monetary damages or compensation.
2. The land use petition is timely if it is filed and served on all required parties within 21 days of the issuance of the land use decision pursuant to Chapter 36.70C RCW.
3. For the purposes of this section, the date on which a land use decision is issued is:
   1. Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available;
   2. If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi-judicial capacity, the date the body passes the ordinance or resolution; or
   3. If neither subsection (C)(1) nor (C)(2) applies, the date the decision is entered into the public record.
4. Standing to bring a land use petition is limited to the following persons:
   1. The applicant and the owner of property to which the land use decision is directed;
   2. Another person aggrieved or adversely affected by the land use decision, or who would be aggrieved or adversely affected by a reversal or modification of the land use decision. A person is aggrieved or adversely affected only when all of the following conditions are present:
      1. The land use decision has prejudiced or is likely to prejudice that person;
      2. That person's asserted interests are among those that the local jurisdiction was required to consider when it made the land use decision;
      3. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the land use decision; and
      4. The petitioner has exhausted his or her administrative remedies to the extent required by law. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.09
PLANNED ACTIONS

Sections
15A.09.010 Planned actions.
15A.09.020 SEPA integration with planned actions.

15A.09.010 Planned actions.

1. For the purposes of this chapter, a planned action means one or more types of project actions that:
   1. Are designated planned actions by an ordinance or resolution adopted by Kittitas County under RCW 36.70A.040;
   2. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with a comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or a fully contained community, a master planned resort, a master planned development, or a phased project;
   3. Are subsequent or implementing projects for the proposals listed in subsection (A)(1) or (A)(2) of this section;
   4. Are located within an urban growth area, as defined in RCW 36.70A.030;
   5. Are not essential public facilities as defined in RCW 36.70A.200; and
   6. Are consistent with a comprehensive plan adopted under Chapter 36.70A RCW.
2. Kittitas County shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution. (Ord. 2000-07; Ord. 98-10, 1998)

15A.09.020 SEPA integration with planned actions.
A planned action does not require a threshold determination under Chapter 43.21C RCW and Chapter 15.04 KCC, or the preparation of an environmental impact statement, but is subject to environmental review and mitigation. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.10
AMENDMENTS

Sections
15A.10.010 Continual evaluation.
15A.10.020 Review procedure.
15A.10.030 Deficiencies during project permit review.
15A.10.040 Public participation program for amendments.

15A.10.010 Continual evaluation.
The Kittitas County comprehensive plan, elements thereof, and development regulations shall be subject to continuing evaluation and review by Kittitas County. (Ord. 2000-07; Ord. 98-10, 1998)

15A.10.020 Review procedure.
Nonproject legislative actions, including but not limited to the adoption and amendment of the comprehensive plan and development regulations, are exempt from the procedural requirements of this title. The procedures for nonproject legislative actions are provided for in KCC Title 15B. (Ord. 2000-07; Ord. 98-10, 1998)

15A.10.030 Deficiencies during project permit review.
If, during project permit review, Kittitas County identifies deficiencies in county plans or regulations, the project permit review shall continue, and the identified deficiencies shall be docketed for possible future amendments pursuant to KCC Title 15B. For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process. (Ord. 2000-07; Ord. 98-10, 1998)

15A.10.040 Public participation program for amendments.
Any interested person, including applicants, citizens, county commission and board members, and staff of other agencies may suggest plan or development regulation amendments. The suggested amendments shall be docketed with the Community Development Services department and considered by Kittitas County planning commission and board of county commissioners on at least an annual basis pursuant to KCC Title 15B, consistent with the provisions of RCW 36.70A.130. (Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.11
DEVELOPMENT AGREEMENTS

Sections
15A.11.010 Development agreements.
15A.11.020 General requirements.
15A.11.030 Request for development agreement.
15A.11.040 Effect.
15A.11.050 Recording parties and successors bound.
15A.11.060 Public hearing.
15A.11.070

15A.11.010 Development agreements.
Kittitas County may enter into development agreements pursuant to RCW 36.70B.170 through 36.70B.210. A decision to enter into a development agreement shall be made on a case-by-case basis. The provisions of a development agreement shall be consistent with the county’s comprehensive plan and all applicable county development regulations, as long as impacts are mitigated. (Ord. 2019-013, 2019; Ord. 2000-07; Ord.9810, 1998).

15A.11.020 General requirements.

1. Kittitas County may enter into a development agreement with a person having ownership or control of real property within the county's jurisdiction.
2. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement.
3. A development agreement shall be consistent with applicable county development regulations, except as such development regulations have been modified by the development standards contained in the agreement.
4. A development agreement does not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsection E of this section.
5. For purposes of this chapter, "development standards" include, but are not limited to:
   1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
   2. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
   3. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
   4. Road and sidewalk standards;
   5. Affordable housing;
   6. Water, sewer, storm drainage and other infrastructure requirements;
   7. Parks and open space preservation;
   8. Phasing;
   9. Development review processes, procedures and standards for implementing decisions, including methods of reimbursement to the county for review processes;
   10. A build-out or vesting period for applicable development standards;
   11. Process for amending the development agreement; and
   12. Any other appropriate development requirement or procedure.
6. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over time for financing public facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. (Ord. 2000-07; Ord. 98-10, 1998)

15A.11.030 Request for development agreement.
A project applicant may submit a request for a development agreement to Kittitas County. The request should describe the project and the specific reasons why the project is suitable for a development agreement. The request should identify the development standards set forth in KCC 15A.11.020(E) that the applicant is requesting be included in the development agreement and any other reasonable information requested by the county. The request shall be filed with the planning office upon forms prescribed for that purpose by the administrator. The fee for such request shall be established pursuant to KCC 15A.03.050. (Ord. 2000-07; Ord. 98-10, 1998)

15A.11.040 Effect.
Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the built-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by Kittitas County after the execution of the development agreement must be consistent with the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)

15A.11.050 Recording parties and successors bound.
A development agreement affecting property in Kittitas County shall be recorded with the real property documents of Kittitas County. During the term of the development agreement, the agreement is binding on the parties, their successors and assigns, including any city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)

15A.11.060 Public hearing.
The county shall only approve a development agreement by ordinance or resolution after a public hearing. The county legislative body, or other body designated by the legislative body to conduct the public hearing, may conduct the hearing. If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)

15A.11.070
Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Ch. 374, Laws of 1995, or this chapter is intended to authorize the county to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.12
COORDINATION WITH STATE PERMITTING

Sections
15A.12.010 State permit coordination.

15A.12.010 State permit coordination.
Kittitas County may enter into coordinated permitting process with state and local permitting agencies pursuant to Chapter 90.60 RCW upon a case-by-case basis. Such decision to enter into a coordinated permitting process with other state and local agencies shall be made by the administrator on a case-by-case basis. (Ord. 2000-07; Ord. 98-10, 1998)

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Chapter 15A.13
SITE PLAN REVIEW

(Repealed by Ordinance 2014-015, 2014)

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Table A

	Step 1 Public Comment Period	Step 2 Open Record Hearing	Step 3 Decision	Step 4 Administrative Appeal	Step 5 Judicial Appeal*
Binding Site Plan:	15 days	None	Staff	HE	Sup. Court
Zoning Variance:	15 days	None	Staff	HE	Sup. Court
Public Agency and Utility Exception:	15 days	None	Staff	HE	Sup. Court
Reasonable Use Exception:	15 days	None	Staff	HE	Sup. Court
Permitted Administrative Uses5:	15 days	None	Staff	HE	Sup. Court
Short Plats:	15 days	None	Staff	HE	Sup. Court
Boundary Line Adjustments:	None	None	Staff	HE	Sup. Court
Grade and Fill Permit:	None	None	Staff	HE	Sup. Court
SEPA Actions: Appeals of threshold determinations:	15 days	None	Staff	HE	Sup. Court
SEPA Actions: The exercise of substantive SEPA authority and adequacy of an EIS1:	15 days	None	Staff	HE	Sup. Court
Independent administrative rulings:	None	None	Staff	HE	Sup. Court
Zoning Conditional Uses (Administrative):	15 days	None	Staff	HE	Sup. Court
Zoning Conditional Uses (Hearing):	15 days	HE	HE	None	Sup. Court
Long Plats:	15 days	HE	HE	None	Sup. Court
Shoreline Exemptions	None	None	Staff	None	Shorelines Board
Shoreline Substantial Development	30 days	None	Staff/HE6	None	Shorelines Board
Shorelines Conditional Use:	30 days	HE	Department of Ecology	None	Shorelines Board
Shorelines Variance:	30 days	HE	Department of Ecology	None	Shorelines Board
Site-Specific Rezone to Zoning Map (Including PUD)4:	30 days	HE	HE	BCC	Sup. Court
Development Agreement:	30 days	BCC	BCC	None	Sup. Court

¹ See KCC 15A.01.040 for clarification of roles and responsibilities.

² Open record appeals of SEPA actions are heard by the hearing body making the decision on, or hearing the appeal of, the underlying application.

³ Hearing Examiner for all actions associated with a project before him/her, all independent actions regarding KCC Title 17, Zoning; BCC for all actions associated with a project before them, and for independent actions regarding all county policies, codes, and standards not associated with KCC Title 17, Zoning.

⁴ Unless the rezone requires a comprehensive plan amendment which would then follow the comprehensive plan amendment process as outlined in KCC Title 15B.

⁵ In the event that a procedural appeal is filed pursuant to Chapter 15A.04 KCC, the HE shall consider and issue a final decision on both the administrative appeal and the underlying project permit application under a single consolidated open record hearing. In such an event, the HE's decision on the underlying application shall be quasi-judicial.

⁶ The Hearing Examiner has the authority to review, approve, deny, or approve with conditions, applications for shoreline substantial development permits that are included in consolidated permit applications that are subject to Board review and action.

Legend:
       BCC - Board of County Commissioners
       HE - Hearing Examiner
       Staff - County administration

NOTE: In the case of application requiring combined legislative and quasi-judicial actions, a development agreement may provide for appropriate review and hearing body.

* Please review state revised and administrative code for appropriate judicial reviewing bodies.

(Ord. 2022-017, 2022; Ord. 2018-021, 2018; Ord. 2016-006, 2016; Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2010-011, 2010; Ord. 2009-25, 2009; Ord. 2000-07; Ord. 98-10, 1998)



Title 15B | AMENDMENTS TO COUNTY PLANS, CODES AND STANDARDS

Chapters
15B.01 Administration, Purpose and Objective
15B.02 Definitions
15B.03 Amendments to Comprehensive Plan
15B.04 Amendments to Development Regulations
15B.05 Appeals

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Chapter 15B.01
ADMINISTRATION, PURPOSE AND OBJECTIVE

Sections
15B.01.010 Purpose and authority.
15B.01.020 Applicability.
15B.01.030 Administration - Roles and responsibilities.
15B.01.050 Severability.

15B.01.010 Purpose and authority.
Nonproject legislative actions, including, but not limited to, the adoption and amendment of the comprehensive plan and development regulations, are exempt from the procedural requirements of Title 15A of this code and Chapter 36.70B RCW. Such actions often require substantial written and oral testimony as the review of such documents may involve revisions at both the advisory and legislative level, thereby necessitating multiple open record hearings. It is therefore the intent of this chapter to provide a process for the consistent and orderly facilitation for nonproject legislative actions in compliance with Chapters 36.70A and 43.21C RCW. (Ord. 98-10 (part), 1998).

15B.01.020 Applicability.
The provisions of this title shall apply to comprehensive plan and development regulation amendments under Titles 15, 16, 17, and 17A of this code. (Ord. 9810 (part), 1998).

15B.01.030 Administration - Roles and responsibilities.
It shall be the duty of the county planning director or such other persons designated by the board of county commissioners to administer the provisions of this title; however, the legislative process is a cooperative activity including many different elected and appointed boards and county staff. The specific responsibilities of these bodies is set forth below and outlined in Table B at the end of this title, Procedures for Non-Docketed Legislative Items.

1. Planning Director. The planning director is responsible for the administration of this title, and portions of Chapter 15.04, SEPA Regulations.
2. Board of County Commissioners. The board shall review and act on recommendations of the planning commission. Decision making process by the board shall consist of a public hearing or meeting wherein the board reviews the written record transmitted from the planning commission and issues a written decision in resolution or ordinance form. Additional written and/or oral testimony may be considered by the board at said public hearing or meeting.
3. Planning Commission. The planning commission shall review and make recommendations to the board of county commissioners on the following applications and subjects:
   1. Amendments pursuant to KCC 15B, Amendments to County Plans, Codes and Standards.
   2. Other actions requested or remanded by the board of county commissioners.
4. Superior Court. Hears appeals to administrative SEPA actions along with underlying legislative decision.
5. Growth Hearings Board. Hears appeals to administrative SEPA actions along with underlying legislative decision relating to growth management planning, pursuant to RCW 36.70A.280(1)(a). (Ord. 2011-013, 2011; Ord. 98-10 (part), 1998).

15B.01.050 Severability.
If any chapter, section, subsection, sentence, clause, phrase, part or portion of this title is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title or the application of the provisions to other persons or circumstances. (Ord. 98-10 (part), 1998).

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Chapter 15B.02
DEFINITIONS

Sections
15B.02.010 Generally.
15B.02.020 Person.
15B.02.030 Consistency.
15B.02.040 Open record hearing.
15B.02.050 Public meeting.

15B.02.010 Generally.
Generally. Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number. The word "shall" is mandatory and not directory. (Ord. 98-10 (part), 1998).

15B.02.020 Person.
"Person" means an individual, partnership, corporation, association, public or private organization, or government entity or agency. (Ord. 98-10 (part), 1998).

15B.02.030 Consistency.
"Consistency" means, including but not limited to, compliance, conformity and consistency, and refers to performance in accordance with Kittitas County comprehensive plan and development regulations. (Ord. 98-10 (part), 1998).

15B.02.040 Open record hearing.
"Open record hearing" means a hearing by a single hearing body or officer, authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information under procedures prescribed by the local government by ordinance or resolution. (Ord. 98-10 (part), 1998).

15B.02.050 Public meeting.
"Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed comprehensive plan or development regulation amendment prior to the local government's decision. A public meeting may include, but is not limited to, a planning commission meeting, a board of county commissioners study session, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's applicable legislative file. (Ord. 98-10 (part), 1998).

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Chapter 15B.03
AMENDMENTS TO COMPREHENSIVE PLAN

Sections
15B.03.010 Amendments limited to annual review - Exceptions.
15B.03.020 Concurrent review except during emergencies.
15B.03.030 Docketing.
15B.03.035 Application requirements.
15B.03.040 Procedures.

15B.03.010 Amendments limited to annual review - Exceptions.
Proposed amendments or revisions of the comprehensive plan are considered by the county board of commissioners no more frequently than once a year except that amendments may be considered more frequently pursuant to Table B at the end of this title, Procedures for Non-Docketed Legislative Items:

1. The initial adoption of a subarea plan; and
2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW. (Ord. 98-10 (part), 1998).

15B.03.020 Concurrent review except during emergencies.
All proposals shall be considered by Kittitas County concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation Kittitas County may adopt amendments or revisions to its comprehensive plan whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. (Ord. 98-10 (part), 1998).

15B.03.030 Docketing.
Any interested person, including applicants, citizens, county commission and board members, and staff of other agencies may suggest plan or development regulation amendments. The suggested amendments shall be docketed with the planning department for annual consideration by the Kittitas County planning commission and board of county commissioners. For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan in the planning department in a manner that will ensure such suggested changes will be considered by Kittitas County and will be readily available for review by the public. Docketing for the calendar year shall be taken from January 1st to June 30th of each calendar year. Amendments docketed after June 30th shall be considered in the following calendar year. Amendments to the comprehensive plan docketed by June 30th shall be approved or denied by the board of county commissioners on or before December 31st of that same calendar year. (Ord. 98-10 (part), 1998).

15B.03.035 Application requirements.
Applications shall be filed on forms prescribed by the Community Development Services department. The application shall be accompanied by a SEPA checklist in conformance with the KCC 15.04 SEPA Regulations and by review fee(s) paid in full.
(Ord. 2017-001, 2017; Ord. 2011-013, 2011)

15B.03.040 Procedures.
Kittitas County shall maintain and provide for the following procedures, when considering amendments to the comprehensive plan, in order to facilitate public participation:

1. Broad Dissemination of Proposals and Alternatives. The docket shall be available for public review in the planning department during regular business hours. Alternatives to a proposal may be submitted by any party prior to the closing of the written testimony portion of the public hearing before the planning commission.
2. Opportunity for Written Comments. Written testimony shall be allowed from the date of docketing up to the date of closing of the public written testimony portion of the public hearing.
3. Public Meetings. Study sessions and hearings shall be held only after effective notice has been distributed.
4. Provisions for Open Discussion. Hearings shall allow for time allotments in order that all parties that wish to give oral or written testimony may do so.
5. Communication Programs and Information Services. A newsletter shall be produced for distribution to all parties that have requested to receive it by mail by the planning department that summarizes amendments docketed and projected meeting and hearing dates. Copies of proposed amendments shall be available at cost of reproduction.
6. Consideration of and Response to Public Comments. Planning commission and board of county commissioners members should review the testimony submitted in their findings.
7. Notice of Decision. Publication in the paper of record of a notice that Kittitas County has adopted the comprehensive plan or amendment thereto, and such publication shall state all petitions relating to whether or not such action is in compliance with the goals and requirements of this chapter, or Chapters 36.70A, 43.21C or 90.58 RCW must be filed within sixty days after the publication date. (Ord. 98-10 (part), 1998).

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Chapter 15B.04
AMENDMENTS TO DEVELOPMENT REGULATIONS

Sections
15B.04.010 Changes consistent with comprehensive plan.
15B.04.020 Revisions limited to annual review - Exceptions.
15B.04.030 Docketing.
15B.04.035 Application requirements.
15B.04.040 Procedures.

15B.04.010 Changes consistent with comprehensive plan.
Any change to development regulations shall be consistent with and implement the comprehensive plan as adopted pursuant to Chapter 36.70A RCW. (Ord. 98-10 (part), 1998)

15B.04.020 Revisions limited to annual review - Exceptions.
Proposed amendments or revisions of development regulations shall be docketed for annual consideration by the county board of commissioners in order to review the cumulative effect of the various proposals and thereby ensure consistency. However, amendments may be considered more frequently at the discretion of the planning director; provided appropriate public participation takes place pursuant to Table B at the end of this title, Procedures for Non-Docketed Legislative Items. (Ord. 98-10 (part), 1998)

15B.04.030 Docketing.
For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the development regulation(s) in the planning department in a manner that will ensure such suggested changes will be considered by Kittitas County and will be readily available for review by the public. Docketing for the calendar year shall be taken from January 1st to June 30th of each calendar year. Amendments docketed after June 30th shall be considered in the following calendar year. Amendments to development regulations docketed by June 30th shall be approved or denied by the board of county commissioners on or before December 31st of that same calendar year. (Ord. 98-10 (part), 1998)

15B.04.035 Application requirements.
Applications shall be filed on forms prescribed by the Community Development Services department. The application shall be accompanied by a SEPA checklist in conformance with the KCC 15.04 SEPA Regulations and by review fee(s) paid in full. The fee for such application shall be established annually by resolution. (Ord. 2011-013, 2011)

15B.04.040 Procedures.
Kittitas County shall utilize the procedures listed in Section 15B.03.040 when considering amendments to docketed development regulations in order to facilitate public participation. (Ord. 98-10 (part), 1998)

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Chapter 15B.05
APPEALS

Sections
15B.05.010 Appeals.
15B.05.020 Growth management hearings board.
15B.05.030 Superior court.

15B.05.010 Appeals.
The final adoption of and/or amendments to the Kittitas County comprehensive plan or development regulations, combined with any administrative environmental determinations (e.g., final threshold determination or final EIS) issued pursuant to Chapter 15.04 of this code, may be appealed through the growth management hearings board, superior court, and/or other applicable federal or state law. (Ord. 98-10 (part), 1998).

15B.05.020 Growth management hearings board.
Proceedings for review by the growth management hearings board may be commenced by filing a petition pursuant to RCW 36.70A.290. (Ord. 98-10 (part), 1998).

15B.05.030 Superior court.
Proceedings for review by superior court may be commenced by requesting a writ of mandamus, writ of prohibition, or by filing a petition pursuant to RCW 36.70A.295. (Ord. 98-10 (part), 1998).

Table B
Procedures for Non-Docketed Legislative Items

	Open Record Hearing	SEPA Review	Public Hearing*	SEPA Review**	Admin. Appeal	Decision	Judicial/SEPA Appeal***
DR/CP Amendment	PC	Staff	BCC	Staff	None	BCC	Sup. Court/GMA Board

* May be open or closed record at the discretion of the BCC.

** Supplemental SEPA review may be required if substantial changes occur at BCC level.

*** Growth management related documents are appealed to the growth management hearings board, pursuant to RCW 36.70A.280(1)(a).



Title 16 | SUBDIVISIONS*

Chapters
16.04 General Provisions
16.05 Binding Site Plans
16.06 Repealed
16.08 Definitions
16.09 Cluster Platting, Conservation and Agricultural Platting
16.10 Boundary Line Adjustments and Parcel Combinations ^[1]
16.12 Preliminary Plats
16.16 Hazardous Lands ^[2]
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

[1] Formerly "Boundary Line Adjustments", renamed by Ord. 2022-005, 2022
[2] Formerly "Road Construction Standards and Other Required Improvements", renamed by Ord. 2022-005, 2022

* 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.

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Chapter 16.04
GENERAL PROVISIONS

Sections
16.04.010 Applicability.
16.04.020 Exemptions.
16.04.025 Prohibition of split-zone parcels.
16.04.030 Administration.
16.04.040 Procedure - Application.

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 and Kittitas County Code.
2. Every division and boundary line adjustment within the unincorporated area of Kittitas County shall proceed in compliance with KCC Title 12 Road Standards, KCC Title 20.10 Wildland Urban Interface Code as published by the International Code Council; with the adopted appendices and amendments as listed in KCC Title 20.10, and the International Fire Code. (Ord. 2013-013, 2013; Ord. 2013-001, 2013; Ord. 2005-31, 2005)

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

1. 1. An alteration made for the purposes of adjusting boundary lines as defined in KCC 16.08.055. All boundary line adjustments require consistency with the standards outlined in KCC 16.10.
2. Divisions made by testamentary provisions or the laws of descent;
3. Cemeteries and other burial plots while used for that purpose;
4. Divisions for industrial or commercial use, provided the division is in accordance with KCC Chapter 16.05;
5. Divisions for the purpose of lease to permit travel trailers to be placed upon the land , provided the division is in accordance with KCC Chapter 16.05;
6. Divisions for residential condominiums, provided the division is in accordance with KCC Chapter 16.05;
7. Divisions for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
8. Divisions into lots or tracts of less than three (3) acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. 2022-005, 2022; Ord. 2013-001, 2013; Ord. 2012-006, 2012; Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.04.025 Prohibition of split-zone parcels.

No lot created through the provisions of this Title or adjusted through the boundary line adjustment process shall contain more than one land use zone classification. (Ord. 2014-015, 2014;)

16.04.030 Administration.
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. 2013-001, 2013; Ord. 2005-31, 2005)

16.04.040 Procedure - Application.
Any person desiring to subdivide the land in an unincorporated area of the County shall submit a preliminary plat (see KCC Chapter 16.12) to the Director.
(Ord. 2017-001, 2017; Ord. 2013-001, 2013; 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 ten-foot intervals.
      8. Location of water storage and fire hydrant location.
      9. Demonstrate that the requirements of Chapter 13.35, Kittitas County Code, Adequate Water Supply Determination, can be met or work voluntarily with Kittitas County to develop an authorized conservation easement, see section 16.08.061
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.
5. Open Space. All plats which include open space shall contain appropriate plat notes to ensure the area will not be further subdivided in the future, the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards. The identified open space tracts shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation. Open space lots shall not be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are designated as timber and forestlands according to RCW 84.33. Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to the other lots owners to be held in common ownership.
6. This requirement shall not apply to lots retained by the original landowner or subsequent landowner(s) for the purpose of providing improved recreational facilities serving the benefited parcels. For the purposes of this condition, improved recreational facilities shall be those which exceed $100,000 in value.
7. Non-buildable Lots. Any lots created specifically for, or dominated by, easements, roadways, storm water retention facilities, septic facilities or other purposes and as a result are non-buildable shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation.

(Ord. 2022-005, 2022; Ord. 2019-013, 2019; Ord. 2016-023, 2016; Ord. 2015-010, 2015; Ord. 2014-015, 2014; Ord. 2014-005, 2014; 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*

(Repealed by Ordinance 2014-015, 2014)

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Chapter 16.08
DEFINITIONS

Sections
16.08.010 Word construction.
16.08.015 Repealed.
16.08.020 Alley.
16.08.022 Agricultural activities.
16.08.024 Agricultural products.
16.08.026 Agricultural equipment and agricultural facilities.
16.08.028 Agricultural land.
16.08.040 Block.
16.08.050 Board.
16.08.055 Boundary line adjustment.
16.08.056 Cluster.
16.08.057 Cluster plat.
16.08.060 Comprehensive plan.
16.08.061 Conservation easement.
16.08.070 Conservation plat.
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.
16.08.117 Open space.
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 Repealed.
( Ord. 2012-006 , 2012; 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)

16.08.022 Agricultural activities.

"Agricultural activities" has the same definition as RCW 90.58.065(2)(a), which is "agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation". (Ord. 2014-015, 2014)

16.08.024 Agricultural products.

"Agricultural products" has the same definition as RCW 90.58.065(2)(b), which "includes but is not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty years of planting; and livestock including both the animals themselves and animal products including but not limited to meat, upland finfish, poultry and poultry products, and dairy products." (Ord. 2014-015, 2014)

16.08.026 Agricultural equipment and agricultural facilities.

"Agricultural equipment" and "agricultural facilities" have the same definition as RCW 90.58.065(2)(c), which "includes, but is not limited to: (i) The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains; (ii) corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv) all other agricultural activities or allowed uses per Kittitas County Code 17.15." (Ord. 2014-015, 2014)

16.08.028 Agricultural land.

"Agricultural land" has the same definition as RCW 90.58.065(2)(d), which is "those specific land areas on which agriculture activities are conducted." (Ord. 2014-015, 2014)

16.08.040 Block.
"Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. (Ord. 2013-001, 2013; 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 (1) or more property lines in a manner which does not create any additional lot, tract, or parcel. (Ord. 2014-015, 2014; Ord. 2013-001, 2013; Ord. 2005-31, 2005)

16.08.056 Cluster.
"Cluster" consists of a grouping of buildable contiguous lots or building envelopes within the cluster plat or conservation plat boundary. Individual clusters need not be contiguous but must be within the project boundary. (Ord. 2013-001, 2013)

16.08.057 Cluster Plat.
"Cluster Plat" means a land division where the applicable zoning requirements are modified to provide an alternative land division method for the development layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure in order to preserve natural, resource, and scenic qualities of open lands. (Ord. 2013-001, 2013)

16.08.060 Comprehensive plan.
"Comprehensive plan" means the current comprehensive plan of the County, adopted by the Board pursuant to State law. (Ord. 2013-001, 2013; Ord. 2005-31, 2005)

16.08.061 Conservation Easement.
“Conservation easement” is a specified land area with no domestic water consumption that is used for open space or agriculture only and shall be established during a platting process. The easement areas shall be created from an existing parcel and shall have a different legal description than the original parcel. The conservation easement shall be voluntarily agreed upon by the landowner and reviewed and authorized by the County. The signed document must be recorded with the County auditor’s office prior to submission for final approval. The landowner will continue to privately own and manage the land. Upon accepting the conservation easement agreement, the easement holder has a responsibility to ensure compliance with the terms of the agreement. The landowner may discontinue the conservation easement through a platting process subject to compliance with Kittitas County Code Title 13 and Title 16. (Ord. 2015-010, 2015)

16.08.070 Conservation plat.
"Conservation plat" means a land division where the applicable zoning requirements are modified to provide an alternative land division method characterized by compact lots and common open space or natural resource lands, where the natural features of the land, resource potential, and rural character are maintained to the greatest extent possible while accommodating development. (Ord. 2013-001, 2013)

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. (Ord. 2013-001, 2013; Ord. 2005-31, 2005)

16.08.086 Director.
"Director" is the director of Kittitas County Community Development Services department or designee. (Ord. 2013-001, 2013; Ord. 2005-31, 2005)

16.08.087 Division.
"Division" means the creation of a lot through short or long subdivision, large lot subdivision, etc., but not including a boundary line adjustment. (Ord. 2013-001, 2013; Ord. 2012-006 , 2012; 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 (2) or more lots or parcels the smallest of which is twenty (20) acres or greater. (See KCC 16.36 for standards and requirements) (Ord. 2013-001, 2013; 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)

16.08.117 Open space.
"Open space" means any land area. the preservation of which in its present use would conserve and enhance natural or scenic resources; or protect streams or water supplies; or promote conservation of soils, wetlands, rural and resource lands; or enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries or other open space; or enhance recreation opportunities; or preserve historic sites. Public open space is publicly owned land that has been or will be set aside for open space and recreational use. Private open space is privately owned land that has been or will be set aside as provided in Title 16 of this code, by voluntary conservation, or by land reserve easements. Open space does not include utility easements, road easements, or areas used for stormwater ponds or septic facilities. (Ord. 2013-001, 2013;)

16.08.118 Parcel creation.
"Parcel creation" means the creation of a lot through short or long subdivision, large lot subdivision, etc. and including boundary line adjustments. (Ord. 2013-001, 2013; Ord. 2012-006 , 2012; 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. 2013-001, 2013; 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 outside any urban growth area into four (4) or fewer lots, tracts, parcels, sites or divisions, for the purpose of sale, lease, or transfer of ownership. Short subdivision means the division or re-division of land inside any urban growth area into nine (9) or fewer lots, tracts, parcels, sites or divisions, for the purpose of sale, lease, or transfer of ownership. (Ord. 2018-001, 2018; Ord. 2013-001, 2013; 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 (5) 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 twenty (20) acres. (Ord. 2013-001, 2013; Ord. 2005-31, 2005)

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Chapter 16.09
CLUSTER PLATTING, CONSERVATION and AGRICULTURAL PLATTING

Sections
16.09.010 Purpose and Intent.
16.09.020 Repealed.
16.09.025 Applicability.
16.09.030 Repealed.
16.09.040 Development Regulations.
16.09.060 Lot Size.
16.09.080 Process for Approval.
16.09.090 Repealed.
16.09.100 Repealed.

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), this chapter provides innovative land division techniques that will accommodate appropriate resource, rural and urban densities and uses at levels that are consistent with the conservation of resource lands and preservation of rural character.

In order 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, ensure the continued existence of open space, conserve water resources, protect public health by reducing the number of septic drain fields, concentrate urban densities in urban growth areas and minimize the impact of "Rural Sprawl" in rural lands as designated in the Kittitas County Comprehensive Plan, Cluster Platting, Conservation and Agricultural Platting techniques will foster the development of urban, rural and resource designated lands at appropriate densities while conserving resource lands, protecting rural character, protecting the environment and maintaining a high quality of life in Kittitas County. (Ord. 2014-015, 2014; Ord. 2013-001, 2013; Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.020 Repealed
(Ord. 2013-001, 2013; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.025 Applicability.

Cluster Platting and Conservation Platting are an alternative method for the division of land.

1. Cluster platting is permitted in the following zone Plan designations:
   1. All zones in the Urban land use designation;
   2. All zones in the Rural Residential land use designation;
   3. All zones in the Rural Recreation land use designation; and
   4. All zones in Rural LAMIRDs.
2. Conservation and Agricultural platting is permitted in the following zone classifications, provided the parcel or combination of contiguous parcels meets the following required minimum land area:
   1. Agriculture 20, with a minimum land area of forty (40) acres which 40 acres may be in one (1) or more tax parcels, provided, however, if the applicant relies on more than one tax parcel all tax parcels relied on must be; i) used for agricultural activities as that term is defined in RCW 90.58.065(2)(a); and ii) be designated as open space or as farm and agriculture land under Chapter 84.34 RCW; and iii) be owned by the same individual or entity for a minimum of 5 years; and iv) all parcels relied on shall be contiguous with the other parcels, but, parcels separated by county roads, streams and irrigation canals shall be deemed contiguous;
   2. Forest and Range, with a minimum land area of forty (40) acres; and
   3. Commercial Agriculture, with a minimum land area of eighty (80) acres which 80 acres may be in one (1) or more tax parcels, provided, however, if the applicant relies on more than one tax parcel all tax parcels relied on must be; i) used for agricultural activities as that term is defined in RCW 90.58.065(2)(a); and ii) be designated as open space or as farm and agriculture land under Chapter 84.34 RCW; and iii) be owned by the same individual or entity for a minimum of 5 years; and iv) all parcels relied on shall be contiguous with the other parcels, but, parcels separated by county roads, streams and irrigation canals shall be deemed contiguous.

(Ord. 2014-015, 2014; Ord. 2013-008, 2013; Ord. 2013-001, 2013; Ord. 2010-014, 2010)

16.09.030 Repealed.

(Ord. 2013-001, 2013; Ord. 2010-014 , 2010; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.040 Development Regulations.

1. Cluster plats, Conservation and Agricultural plats are subject to the following provisions:
   1. Notification Requirement. If appropriate, the final plat and all 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."
   2. 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, Cluster Platting and Conservation Platting shall not be used prospectively in conjunction with the Kittitas County planned unit development zone (KCC Chapter 17.36).
   3. Applications. Applications shall be evaluated for the possible impacts to adjacent agricultural uses. Residential parcel densities allowed in rural and resource 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.
   4. 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.
   5. Location. Clustered lots and Agricultural Lots shall be located within the project boundary in a manner that best recognizes the purpose and intent of cluster plats, conservation plats or Agricultural plats, including but not limited to, the location of the natural resource lands, critical areas as identified in KCC 17.A, purpose of open space, natural or topographical features serving as a functional division, etc.
   6. 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. 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.
   7. Open Space. All open space shall contain appropriate covenants and restrictions to ensure the area will not be further subdivided in the future, the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards.
2. Open Space. All plats which include open space shall contain appropriate plat notes to ensure the area will not be further subdivided in the future, the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards. The identified open space tracts shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation. Open space lots shall not be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are designated as timber and forestlands according to RCW 84.33. Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to the other lots owners to be held in common ownership.
3. This requirement shall not apply to lots retained by the original landowner or subsequent landowner(s) for the purpose of providing improved recreational facilities serving the benefited parcels. For the purposes of this condition, improved recreational facilities shall be those which exceed $100,000 in value.
4. Non-buildable Lots. Any lots created specifically for, or dominated by, easements, roadways, storm water retention facilities, septic facilities or other purposes and as a result are non-buildable shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation.
5. Cluster plats are subject to the following provisions:
   1. The cluster development does not exceed the density permitted by the zone in which the development is located;
   2. The proposed cluster is not within one thousand three hundred twenty (1,320) feet between the lot lines of any other cluster or existing residential structure unless the residential structure(s) is part of the proposed development;
   3. The cluster development does not exceed six (6) residences per cluster;
   4. No residential dwelling within the cluster is further than one hundred (100) feet from another residential dwelling; and
   5. Sixty percent (60%) of the land outside of the cluster remains in contiguous open space in perpetuity. Open space in cluster plats shall be held in common ownership or maintained at existing land use or agricultural use.
6. Conservation plats are subject to the following provisions:
   1. The conservation development does not exceed the density permitted by the zone in which the development is located;
   2. No conservation plat is adjacent to another cluster or conservation plat so that the total conservation development exceeds six (6) units unless the proposed developments are separated by an existing County road;
   3. In a residential development in a conservation plat, lots must be located adjacent to one another upon no more than fifty percent (50%) of the total property being divided.
   4. Seventy percent (70%) of the land outside of the conservation cluster remains in open space for resource use in perpetuity. Open space in conservation plats may either be held in common ownership, owned by a conservation entity, or remain in the ownership of the farmstead or resource parcel.
7. Agricultural plats are subject to the following provisions:
   1. No Agricultural plat shall be adjacent to another cluster, conservation or agricultural plat so that the total development on the parcels within the adjacent plats exceeds 10 units;
   2. The agriculture development does not exceed the density permitted by the zone in which the agricultural land is located.
   3. The agricultural plat is necessitated or pursued for one or more of the following reasons:
      1. to accommodate housing for farm labor or farm family members; or
      2. to implement an irrigation improvement; or
      3. to create parcels of real property for financing purposes; or
      4. to improve or increase agricultural efficiencies or dispose of property no longer useful to the agricultural activities; or
      5. to allow gradual or sequential platting as needed to ensure the economic viability of the farm's future; or
      6. to facilitate residential dwellings on acreages with varying sizes to allow "small" farms such as Community Support Agriculture (CSA), local farmer's market suppliers to exist in Ag and other zones while acres in excess of those purchased remain with original owner but carry nondevelopment status to meet the density of the underlying zone.
   4. Dwellings shall be located with the plat in a manner which secures the necessity of the plat as defined in 4(c) above and in a manner which does not adversely impact productive farmland or on- or off-site agricultural activities. The possibility that lots and dwellings may be located where they are impacted by dust, irrigation water, or agricultural treatments or chemicals, or will encourage trespass, or will interfere with the movement of agricultural vehicles or livestock, or may be adversely impacted by noise or odor, should be minimized. All lots shall have a notation on the face of the plat or a deed restriction that runs with the title that provides notice that the lot is located in an area where agricultural activities occur and may impact lot owners' use and enjoyment of their property.
   5. Lots smaller than two acres and, for all lots, home sites and facilities that support the residential development, such as onsite waste disposal systems, residential units shall be located on lands with poor soils or otherwise not suitable for agricultural purposes.

(Ord. 2016-023, 2016; Ord. 2014-015, 2014; Ord. 2013-001, 2013; Ord. 2011-013, 2011; Ord. 2010-014, 2010; Ord. 2006-36, 2006; Ord. 96-6 (part), 1996)

16.09.060 Lot Size.

1. Generally: The size of the lots to be developed shall be no larger than necessary to meet the minimum Washington State Department of Health requirements and the Kittitas County Code.
2. Exceptions:
   1. The existing farmstead lot can be up to ten (10) acres in size; and
   2. New lots may be as large as five (5) acres if building envelopes are established on the plat that ensure the same development pattern that would occur with smaller lots created consistent with subsection 16.09.060.1 above.
   3. Agricultural plats.

(Ord. 2014-015, 2014; Ord. 2013-001, 2013; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.080 Process for Approval.

1. Submit preliminary Cluster Plat or Conservation Plat map in conformance with requirements in KCC Chapter 15A Project Permit Application Review, KCC Chapter 16.12 Preliminary Plats or KCC Chapter 16.32 Short Plat Requirements, as applicable, and Title 12 Road Standards.
2. Cluster Plats and Conservation Plats are to be processed as a short subdivision or subdivision, depending on the number of lots proposed, and are subject to the review process as provided for in KCC Title 15A Project Permit Application Process.
3. Final Cluster Plat or Conservation Plat approval must be in conformance with KCC Chapter 16.20 Final Plats.
4. Process for Approval of Agricultural Plats
   1. Agricultural Plats
      1. The Agricultural Plat shall be processed as a short plat or long plat as defined in Title 16.
5. Documentation shall be submitted by the applicant stating how the proposed development meets the intent of KCC Chapter 16.09.

(Ord. 2018-001, 2018; Ord. 2014-015, 2014; Ord. 2013-001, 2013; Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2007-22, 2007; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.090 Repealed.

(Ord. 2013-001, 2013; Ord. 2010-014 , 2010; Ord. 2009-25, 2009; Ord. 2007-22, 2007; Ord. 2006-36, 2006; Ord. 2005-35, 2005)

16.09.100 Repealed.

(Ord. 2013-001, 2013; 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 16.10
Boundary Line Adjustments and Parcel Combinations

Sections
16.10.010 Applicability
16.10.020 Application requirements
16.10.030 Review criteria
16.10.040 Review procedures
16.10.050 Recording
16.10.060 Transfer of title
16.10.065 Lot Line Encroachment.
16.10.070 Expiration

16.10.010 Applicability.

A boundary line adjustment (BLA) is an acceptable means of transferring land between abutting legally created parcels, provided:

1. No additional lots, parcels or tracts are created as part of the transfer;
2. No lot that currently conforms to minimum area and dimension regulations shall be adjusted so as to become nonconforming;
3. Adjacent nonconforming lots may be adjusted in a manner that no lot is decreased in size below one (1) acre, provided adjusted lots meet setback requirements for the zone in which they are located. Such adjustment shall not result in a previously nonconforming lot becoming a lot conforming to minimum area and dimension regulations for the zone in which it is located;
4. Existing lots within an existing planned unit development (PUD) may be adjusted through the PUD review and approval process contained in KCC 17.36, provided that the overall density of the PUD shall not be exceeded; and
5. No parcels with split zoning are created as a part of the transfer per KCC Chapter 16.04.025.

(Ord. 2023-010, 2023; Ord. 2021-015, 2021; Ord. 2014-015, 2014)

16.10.020 Application requirements.

Applicants for a boundary line adjustment or parcel combination shall submit the following for review and approval:

1. A brief narrative description of the proposed boundary line adjustment or parcel combination;
2. Existing and proposed legal descriptions of the affected lots;
3. Scaled drawings of both existing and proposed site plans as described in KCC Title 15A.03.030;
4. A certificate of title issued within the preceding one hundred twenty (120) days.

(Ord. 2022-005, 2022; Ord. 2014-015, 2014)

16.10.030 Review criteria.

In addition to the requirements in KCC 16.10.010 above, the Director shall consider, and base his/her decision to approve or deny a boundary line adjustment on the following:

1. Compliance with KCC Title 17 Zoning;
2. Compliance with KCC Title 12 Roads and Bridges;
3. Compliance with KCC Title 13 Water and Sewers;
4. Compliance with KCC Title 14 Buildings and Construction;
5. Compliance with KCC Chapter 16.18 Irrigation and Sprinkling and RCW 58.17.310 and;
6. Compliance with KCC Title 20 Fire and Life Safety

(Ord. 2014-015, 2014)

16.10.040 Review procedures.

The Director, County Engineer and County Surveyor shall review the boundary line adjustment or parcel combination for compliance with this chapter and all other land use regulations in effect at the time the application was deemed complete. If all requirements for approval are met, the Director shall provide written findings of fact supporting the approval of the boundary line adjustment. (Ord. 2022-005, 2022; Ord. 2014-015, 2014)

16.10.050 Recording.

Prior to recording, a final Preliminary Survey along with legal descriptions and final acreages for all lots involved shall be submitted to Community Development Services for review and approval. The Director shall verify that the final survey and any attachments are accurate and complete and that they comply with all of the requirements in KCC 16.10.030, KCC 16.24, and WAC 332-130. Additionally, as a minimum, all corners of the new division lines shall be set, weather dependent, and positions noted on face of survey. Boundary line adjustments do not become effective until recorded with the Kittitas County Auditor. Parcel Combinations do not require a final survey. (Ord. 2022-005, 2022; Ord. 2014-015, 2014)

16.10.060 Transfer of title.

The recording of a boundary line adjustment does not constitute a transfer of title. Separate deeds to this effect must be recorded with the Kittitas County Auditor and are not subject to the provisions of this Chapter. (Ord. 2014-015, 2014;)

16.10.065 Lot Line Encroachment.

Where the owner of two (2) or more lots with a common lot line desires to have the lots regarded as a single lot for purposes of building placement, the owner shall record a notice of lot line encroachment with the Kittitas County Auditor. The form for said notice shall be provided by Kittitas County Community Development Services and shall state the following:

1. For Platted Lots:
   1. "Lots (lot numbers) of block (block number) in (subdivision name), recorded in the book of plats (book number) at page (number), of Kittitas County records, are hereby considered one lot for the purposes of building placement pursuant to the provisions herein."
2. For Unplatted Lots:
   1. “Lots described as (Insert Legal Descriptions) are hereby considered one lot for the purposes of building placement pursuant to the provisions herein.”

The notice shall include and agreement and affirmation from the property owner that the lots will remain under single ownership unless the building and property are brought into compliance with all building, zoning, subdivision, and other applicable codes. The notice shall bear the notarized signature of the property owner and a copy of the recorded notice shall be provided to Kittitas County Community Development Services. The recording of a notice of lot line encroachment shall only have the effect of modifying the minimum side or rear yard requirements for the common lot line and all other requirements of this title, including density requirements, shall remain in full force and effect. (Ord. 2022-005, 2022)

16.10.070 Expiration.

If the boundary line adjustment or parcel combination is not recorded with the Kittitas County Auditor within two (2) years of the date of approval, the boundary line adjustment or parcel combination shall be null and void. (Ord. 2022-005, 2022; Ord. 2014-015, 2014)

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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.
16.12.060 Open space and non-buildable lots.
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.

16.12.200 Repealed
16.12.210 Repealed
16.12.230 Repealed

VI 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 two (2) 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. 2018-021, 2018; 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 34" 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 coincident with the certificate of title.
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. 2022-005, 2022; 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 review drawings.

1. Contour lines at intervals of ten feet 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 ten feet at final review.
2. Location, surfacing material, width, ownership, and type of ownership 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. 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. 2022-005, 2022; Ord. 2016-023, 2016; Ord. 2010-014, 2010; Ord. 2005-31, 2005)

II DESIGN STANDARDS

16.12.040 Comprehensive plan and zoning regulation conformance.

All proposed subdivisions 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.

If, as of July 26, 1996, an existing lot was lawfully occupied by two (2) single family dwellings, such lot may be granted short plat approval under KCC Chapter 16.32 in order to permit the segregated sale or refinance of such dwellings, even though one or both of the resulting new lots will have dimensions less than required for the zoning district in which the property is located; provided, however, that the degree of density nonconformity shall not be increased. Site triangles shall be consistent with KCC 12.04.030.

1. New Small Lots Around Existing Residences.
   1. Lots within AG zoning districts including Commercial AG, AG-20 and AG-5 zones that are greater than three acres may be subdivided to create one small lot around an existing residence, subject to recording of a covenant precluding further division of the subject lot while designated for agricultural use by the adopted Kittitas County Comprehensive Plan maintaining the minimum adjustment necessary to accommodate the proposed use, and it has contained a lawfully existing residence for at least the last five years, subject to the following:
      1. The five-year date for the establishment of a lawfully existing residence starts from the issuance date of a Certificate of Occupancy by the Building Official or the date of the sign-off on the approved final inspection for the installation permit, if the residence is a manufactured home. If the permit holder failed to obtain a Certificate of Occupancy or approved final inspection of a residence, the applicant may provide other evidence to establish the date of the residence. However, no applications for land division will be accepted until such time that a Certificate of Occupancy has been issued or approved final inspection has been completed and all required changes have been made, if required by the Building Official. Such proof is not required for residences established prior to the adoption of the building code by Kittitas County on April 17, 1984.
      2. The small lot shall be one to three acres in size, except the Director may authorize a larger lot size under subsection 16.12.040(1)(A)(iii).
      3. Larger Lot Size Authorized. The Director may authorize a larger lot size when the applicant submits evidence or information that documents one or more of the following:
         1. The Kittitas County Health Department determines a larger area is necessary to include approved water supply and sewage disposal systems within the lot; or
         2. The logical division to create the lot follows a physical feature which acts as a bonafide, practical obstacle to normal and necessary farming practices (e.g., rock outcrops; Type S and NP streams, slopes exceeding 15%; or a different intervening in-fee ownership physically separates that parcel by a State highway or primary irrigation district canal or major sublateral); or
         3. A larger lot size is necessary to encompass existing related uses or structures in immediate proximity
      4. The lot comprising the balance of the division shall be capable of meeting all applicable setbacks and other requirements to ensure its continued agricultural use.
      5. Any small lot allowed to be three acres or greater in size shall still be considered a small lot and is not capable of being further subdivided under this Section. A covenant or plat note indicating this restriction shall be recorded whenever a larger lot size is granted.

(Ord. 2022-017, 2022; Ord. 2022-005, 2022; Ord. 2021-015, 2021; Ord. 2016-023, 2016; Ord. 2005-31, 2005)

16.12.060 Open space and non-buildable lots.

1. Open Space. All plats which include open space shall contain appropriate plats notes to ensure the area will not be further subdivided in the future, the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards. The identified open space tracts shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation. Open space lots shall not be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are designated as timber and forestlands according to RCW 84.33. Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to the other lots owners to be held in common ownership.
2. This requirement shall not apply to lots retained by the original landowner or subsequent landowner(s) for the purpose of providing improved recreational facilities serving the benefited parcels. For the purposes of this condition, improved recreational facilities shall be those which exceed $100,000 in value.
3. Non-buildable Lots. Any lots created specifically for, or dominated by, easements, roadways, storm water retention facilities, septic facilities or other purposes and as a result are non-buildable shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation.

(Ord. 2016-023, 2016)

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. Easements shall be labeled as “existing,” herein dedicated,” or “created via separate document.” In the event that the first or third options are used the recording number shall be shown on the map. All easements shall also include width and purpose of easement on the face of the map. Preliminary applications for the division of land shall conform to KCC Title 12stormwater 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. 2022-005, 2022; 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.

The director shall give notice of the public hearing pursuant to Title 15A of this code, Project permit application process. (Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.12.140 Scope.

At the open record public hearing the Hearing Examiner shall consider all relevant evidence to determine whether to approve the preliminary plat. Any hearing may be continued at the discretion of the Hearings Examiner. (Ord. 2022-005, 2022; 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; compliance with Kittitas County Code, including but not limited to Chapter 13.35, Adequate Water Supply Determination or authorized conservation easement as defined in section 16.08.061; 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 and decision. (Ord. 2022-005, 2022; Ord. 2015-010, 2015; Ord. 2014-015, 2014; Ord. 2014-005, 2014; 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 Hearings Examiner 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. 2022-005, 2022; 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 hearing, the Hearing Examiner shall provide a written report including a decision. The Hearing Examiner may decide 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. 2021-015, 2021; Ord. 2010-014, 2010; Ord. 2005-31, 2005)

16.12.190 Records.
Records of the Hearings Examiner hearings on preliminary plats shall be kept by CDS and shall be open to public inspection. (Ord. 2022-005, 2022; Ord. 2005-31, 2005)

REPEALED

16.12.200 Date and records.
(Repealed by Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.12.210 Acceptance or rejection.
(Repealed by Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.12.230 Records.
(Repealed by Ord. 2022-005, 2022; Ord. 2005-31, 2005)

VI 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 at least 30 days prior to 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. 2018-021, 2018; Ord. 2010-014 , 2010; Ord. 2010-02, 2010; Ord. 2005-31, 2005)

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Chapter 16.16
HAZARDOUS LANDS

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 two inch margin on the left edge, and a one-half inch margin on the other edges of the map shall be provided. 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. 2022-005, 2022; 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, no older than 90 days at time of submittal, 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 generated lot closure sheets shall be submitted with the final plat showing the closure of plat boundaries, blocks, lots or any other area, together with the acreage of each lot.

(Ord. 2022-005, 2022; Ord. 2018-021, 2018; 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, and curve data showing the controlling elements;
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. 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.
16. Ditches. Location of existing ditches apparent or of record.

(Ord. 2022-005, 2022; 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.
3. Open Space. All plats which include open space shall contain appropriate plats notes to ensure the area will not be further subdivided in the future, the use of the open space for the purpose specified will continue in perpetuity, and the open space will be appropriately maintained to control noxious weeds and fire hazards. The identified open space tracts shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation. Open space lots shall not be required to be transferred to the other lot owners to be held in common ownership so long as the lots are used for the purposes of agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are designated as timber and forestlands according to RCW 84.33. Open space lots created as a result of an Agricultural Plat shall not be required to be transferred to the other lots owners to be held in common ownership.
4. This requirement shall not apply to lots retained by the original landowner or subsequent landowner(s) for the purpose of providing improved recreational facilities serving the benefited parcels. For the purposes of this condition, improved recreational facilities shall be those which exceed $100,000 in value.
5. Non-buildable Lots. Any lots created specifically for, or dominated by, easements, roadways, storm water retention facilities, septic facilities or other purposes and as a result are non-buildable shall be proportionately owned by tenants in the common, and retained by each home owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling their obligation.
6. Site triangles shall be consistent with KCC 12.04.030.

(Ord. 2022-005, 2022; Ord. 2016-023, 2016; 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 Engineer.^[1]
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.

[1] Formerly "Certificate of county public works director", renamed by Ord. 2022-005, 2022

16.24.010 Survey data requirements.

1. The survey of every proposed subdivision, boundary line adjustments, record of survey, 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 upon request, 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 basis of bearing location by section, township, and range with respect to the Willamette Meridian.

(Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.24.020 Orientation of the subdivision.

Primary survey control points shall be referenced to physical section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown.

(Ord. 2022-005, 2022; 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 or may be set as witness points. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be durable, magnetic, marked with the license number of the land surveyor, and sufficient in number so that together with existing monuments, are suitable for the perpetuation of boundary lines.

(Ord. 2022-005, 2022; 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.

Permanent control monuments shall be set at all road intersections, horizontal points of curvature, horizontal points of tangency, centers of cul-de-sacs, and as needed for intervisibility and any other appropriate locations deemed necessary by the county. Points of Tangency and curvature may be substituted by monumenting the point of intersection if the intersection falls within the road.

(Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.24.050 Lot corner marking.

Any monument set by a land surveyor to mark or reference a point on a property or land line shall be permanent, magnetic, and marked or tagged with the certificate number of the land surveyor setting it. Monuments set by a land surveyor shall be sufficient in number and durability and shall be efficiently placed so as not to be readily disturbed in order to assure, together with monuments already existing, the perpetuation or reestablishment of any point or line of a survey.

(Ord. 2022-005, 2022; 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 as stated in the title report, 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. 2022-005, 2022; 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 is required describing the contemplated sewage system and potable water supply. Mitigation for water use is required per Kittitas County Code Chapter 13.

(Ord. 2014-015, 2014; 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)

This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act as the request of                            in               , 20     .

Name of Person
(signed and sealed)
Certificate Number

(Ord. 2022-005, 2022; Ord. 2005-31, 2005)

16.24.170 Certificate of county Engineer.

No plat shall be approved by the board of county commissioners until the county Engineer 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. 2022-005, 2022; 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 note on any approved plat shall contain the following note: I hereby certify that the plat has been examined and conforms with current Kittitas County Code Chapter 13.

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

(Ord. 2014-015, 2014; 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 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 16.12.040 through 16.12.110.

(Ord. 2022-005, 2022; 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
8. Its compliance with Kittitas County Code Chapter 13.35, Adequate Water Supply Determination or work voluntarily with Kittitas County to develop an authorized conservation easement, see section 16.08.061.
9. Consistency with sight triangle requirements pursuant to KCC 12.04.030.

(Ord. 2022-005, 2022; Ord. 2015-010, 2015; Ord. 2014-015, 2014; Ord. 2014-005, 2014; Ord. 2011-013, 2011; Ord. 2005-31, 2005)

16.32.070 Appeals.
Any person(s) aggrieved by any decision of the director may request a review of that decision by the hearing examiner. Such request must be made pursuant to Title 15A of this code, Project permit application process. (Ord. 2019-013, 2019; 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 at least 30 days prior to 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. 2018-001, 2018; 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.

(Ord. 2022-005, 2022; 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.
8. All large lot subdivisions shall meet requirements of Kittitas County Code Chapter 13.35, Adequate Water Supply Determination or work voluntarily with Kittitas County to develop an authorized conservation easement, see section 16.08.061.

(Ord. 2015-010, 2015; Ord. 2014-015, 2014; Ord. 2014-005, 2014; Ord. 2005-31, 2005)

16.36.040 Survey requirements.

All survey maps shall be prepared in accordance with KCC 16.24 and relevant State laws.

(Reserved). (Ord. 2022-005, 2022; 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)

 

Title 18 | CODE ENFORCEMENT

Chapters
18.01 General Provisions
18.02 Infraction Corrective Orders
18.04 Infraction Hearings
18.05 Penalties
18.06 Legal Provisions
18.07 Special Provision for Enforcement of Title 17B Shorelines

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Chapter 18.01
GENERAL PROVISIONS

Sections
18.01.010 Applicability.
18.01.020 Enforcement.
18.01.040 Infractions designated.
18.01.050 Crimes designated.
18.01.060 Inspection.

18.01.010 Applicability.

1. This Title shall apply to the enforcement of Kittitas County ordinances and codes, related to building, zoning, fire, and environmental health and safety, the violation of which either injures or endangers the comfort, repose, health, or safety of others are hereby declared a public nuisance:
   1. Title 5 Kittitas County Code (KCC), Business Licenses and Regulations;
   2. Title 8 KCC, Health, Welfare, and Sanitation;
   3. Title 12 KCC, Roads and Bridges;
   4. Title 13 KCC, Water and Sewers;
   5. Title 14 KCC, Buildings and Construction;
   6. Title 15 KCC, Environmental Policy;
   7. Title 16 KCC, Subdivisions;
   8. Title 17 KCC, Zoning;
   9. Title 17A KCC, Critical Areas;
   10. Title 17B KCC, Shorelines;
   11. Title 20 KCC, Fire and Life Safety; and
   12. All Kittitas County Health Ordinances and Codes, including but not limited to, Solid Waste Ordinance(s).
2. This Title shall also apply to the following additional public nuisances:
   1. Any public nuisance as defined by Washington State Statute or set forth in Washington case law;
   2. Any attractive nuisance whether in a building, on the premises of a building, or on an unoccupied lot. This includes any abandoned wells, shafts, basements, or excavations; abandoned refrigerators and junk vehicles, as defined in this chapter; or any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation which may prove a hazard;
   3. The existence of any dead, diseased, infested, or dying trees which may constitute a danger to property or persons;
   4. The existence of any tree, shrub or foliage, unless by consent of the county, which is apt to destroy, impair, interfere or restrict:
      1. Roads, sidewalks, sewers, utilities or other public improvements, or
      2. Visibility, or free use of, or access to such improvements.
   5. The existence of any vines or climbing plants growing into or over any road, public hydrant, pole or street light, or the existence of any shrub, vine or plant growing on, around, or in front of any hydrant, stand pipe, sprinkler system connection or any other appliance or facility provided for fire protection purposes in such a way as to obscure the view thereof, or impair the access thereto;
   6. The existence of a sidewalk or portion of a sidewalk adjacent to any premises which sidewalk is out of repair, and in a condition to endanger persons or property, or in a condition to interfere with the public convenience and the use of such sidewalk;
   7. The existence of any obstruction (including snow or ice that has been plowed into or across a road, alley, crossing or sidewalk) to a road, alley, crossing or sidewalk, which is by ordinance prohibited, or which is made without lawful permission, or which having been made by lawful permission, is kept and maintained after the purpose therefore has been accomplished, and for an unreasonable length of time;
   8. The erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure, or premises, or in or upon any road, alley, sidewalk, park, parkway, or other public or private place in the county, any one or more of the following: disorderly, disturbing, unsanitary, fly-producing, rat-harboring, disease-causing places, conditions, or objects;
   9. Any bottles, cans, glass, ashes, small pieces of scrap iron, wire, metal, tires, articles, broken stone or cement, broken crockery, broken glass, broken plaster and all such trash, or abandoned material, unless it is kept in approved covered bins or receptacles;
   10. Any trash, litter, rags, accumulations, or empty barrels, boxes, crates, packing cases, mattresses, bedding, straw or other packing materials, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, or anything whatsoever in which flies or rats may breed or multiply, or which may be a fire hazard;
   11. The depositing or burning or causing to be deposited or burned in any road, alley, sidewalk, park, parkway, or other public place which is open to travel, any hay, straw, paper, wood, boards, boxes, leaves, manure, or other rubbish or materials;
   12. The existence of any pits, potholes, or holes which would endanger safety;
   13. The existence of any conditions that would produce dust or noxious odors; provided, that nothing herein shall be prohibited when done in conjunction with a construction project for which a building permit has been issued and is being prosecuted diligently to completion, and the contractor or owner shall be responsible for dust control throughout the development area;
   14. The existence of any fence or other structure or thing on private property abutting or fronting upon any public road, sidewalk, or place which is in a sagging, leaning, falling, decaying, or other dilapidated or unsafe condition;
   15. Unlawful disposal sites. It is unlawful for anyone to deliver and/or deposit any garbage or rubbish generated within or outside the county at any disposal site other than a refuse disposal, processing, transfer or recovery site provided and/or designated by the County Public Works Director pursuant to chapter 13.12 KCC;
   16. Buildings found substandard pursuant to chapter 14.04 KCC;
   17. Vehicles, boats and trailers, on property for sale. The placing or parking along street and road rights-of-way or in direct and plain view thereof any vehicle, licensed or unlicensed, boat, trailer, motor-home, mobilized equipment or machinery, recreational vehicle and equipment placed or parked on property that is owned by someone that is other than the owner of the vehicle, trailer, motor-home, etc. for the purpose of selling the same. The placing or parking of any vehicle, etc. on property owned by another includes business and commercial property so long as the business is not regularly engaged and licensed pursuant to chapter 46.70 RCW, in selling the particular vehicle, equipment, etc.
   18. Any "Junk Vehicle." The definition of "junk vehicle" is a vehicle intended to be self-propelled and used for the transport of people, goods, and/or services.
       1. In addition to the above definition, a vehicle must meet at least three of the following to be a "junk vehicle" under 18.01.010(r) KCC
          1. Is three years old or older;
          2. Is extensively damaged, such damage including, but not limited to, any of the following:
             1. A broken window or windshield;
             2. Missing wheels or tires; or
             3. Missing motor, or transmission;
          3. Is without a valid, current license plate or certificate of registration;
          4. Is apparently inoperable;
          5. Has an approximate fair market value equal only to the approximate value of the scrap in it.
       2. This definition of a "junk vehicle" shall not apply to:
          1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the road or other public or private property; or
          2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130; or
          3. A vehicle which is actively being restored, repaired, or reconditioned. A property shall only have one vehicle under this exception. If the project is not completed within two years, the vehicle must be removed as provided herein.
   19. Any existing excavation or embankment or fill that has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel;
   20. All "litter" and "potentially dangerous litter" as defined in Section 70.93.030 RCW. The definition of "Potentially dangerous litter" is amended to include any litter which is disposed of in such a way as to create a fire hazard, such as any material which is still burning at the time of disposal.
3. It is unlawful and a violation of this chapter for any person, firm, or corporation found guilty of having created, or allowing to exist on premises either owned or leased by them, any nuisance defined herein. Owners remain liable for violations of duties imposed by this chapter jointly and severally of any obligation imposed on the occupants of the premises; it is irrelevant to this chapter that an owner, by agreement, imposed on the occupant the duty of complying with this chapter,
4. Successive property owners are liable for abatement of nuisances created by their predecessors in interest. No right can be acquired to continue a nuisance by virtue of its longtime existence. It shall not be necessary to show that the owner participated in, or was even aware of, the code violation in order to hold him/her liable. Kittitas County first adopted the Uniform Building Code and Building Code Standards published by the lnternational Conference of Building Officials on April 17. 1984. Structures constructed prior to that time are considered legal nonconforming uses. lt is the landowner's burden to prove the date of construction and that it has not been abandoned or modified since construction. Proof of construction may include, but is not limited to, historical county records. historical photographs. aerial photographs, etc. A legal nonconforming use is not exempt from the requirements of the Shoreline Master Program or other bodies of state and federal law.
5. Violations of the applicable codes shall be corrected under the provisions of this Title, in coordination with existing ordinance and code provisions. (Ord. 2016-010, 2016; Ord. 2013-012 2013; Ord. 2009-22, 2009; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994)

18.01.020 Enforcement.
Only an authorized official may enforce the provisions of this Title. For purposes of this Title, an authorized official is defined as any of the following:

1. The Kittitas County Sheriff and his or her authorized representatives shall have the authority to enforce the provisions of this Title.
2. The Kittitas County Code Enforcement Officer and his or her authorized representatives shall have the authority to enforce the provisions of this Title
3. The Kittitas County Prosecuting Attorney shall have the authority to enforce the provisions of this Title and may institute any legal proceedings necessary to enforce the provisions of this Title.
4. The Kittitas County Fire Marshal and his or her authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Chapter 9.30, Chapter 15.08 and 20 of Kittitas County Code, and all other fire and life safety code and ordinances as adopted by Kittitas County.
5. The Kittitas County Community Development Services Director and Planning Official and their authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Titles 15, 16, 17, 17A, and 17B of Kittitas County Code.
6. The Kittitas County Community Development Services Director and Building Official and their authorized representatives shall have the authority to enforce the provisions of this Title as to violations of all building codes adopted by Kittitas County.
7. The Kittitas County Public Works Director and his or her authorized representatives shall have the authority to enforce the provisions of this Title as to violations of Title 12, Chapter 13.40, Chapter 14.05, and Chapter 14.08 of Kittitas County Code.
8. The Kittitas County Board of Health may designate other persons to administer the provisions of this Title as to violations of Titles 8 and 13 and the Kittitas County Health Code and Ordinances.
9. The Kittitas County Board of County Commissioners may designate other persons to administer the provisions of this Title. Designation of enforcement officers shall be made by resolution and may designate persons by name or position. (Ord. 2019-013, 2019; Ord. 2013-012,2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)

18.01.030 Amnesty period.
Removed as part of Ord. 2005-29, 2005.

18.01.040 Infractions designated.
The violation of any provision of the applicable codes or sections or the presence of a nuisance, as set forth in KCC 18.01.010 ("violation"), shall constitute a civil infraction. Each such violation shall constitute a separate civil infraction for each and every day or portion thereof during which such violation is committed, continued, or permitted. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 9425 (part), 1994)

18.01.050 Crimes designated.
Any person, company, firm, corporation or other legal entity who:

1. Commits a violation as set forth in KCC 18.01.010 on two or more days within any twelve-month period shall be guilty of a misdemeanor, punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
2. Having had two or more prior code convictions and/or findings of having committed code infractions, including notices of violation and abatement, under this Title and thereafter commits a third violation as set forth in KCC 18.01.010 within ten years shall be guilty of a gross misdemeanor, punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005)

18.01.060 Inspection.

1. All entry made onto private property for the purpose of inspection for code compliance or investigation of complaints shall be lawful when conducted in strict conformity with constitutional and statutorily established policies and constraints on entry as established by statutory or case law. The right of entry granted by this title shall not supersede those legal constraints. lf entry is denied, the authorized official may use any lawful means necessary to obtain entry.
2. Upon written notice of intent to seek a search warrant, when a tenant/occupant or landlord/owner denies the authorized official the right to search a premises, the county may immediately seek a search warrant, upon a showing of probable cause specific to the premises sought to be searched that code and/or statutory violations exist upon the premises chargeable as a criminal violation pursuant to KCC section 18.01.050, a court of competent jurisdiction shall issue a warrant allowing a search of such premises.
   1. Probable cause that a multi-day violation exists that would be chargeable as a misdemeanor pursuant to KCC 18.01.050 requires that the inspecting county employee, on at least two separate days, either observed conditions constituting a violation under this chapter or was refused entry upon premises to inspect for such a violation after receiving information reasonably leading him/her to believe such violations existed.
   2. Either the observation of multi-day violations or the multi-day denial of entry after receipt of information as to suspicious conduct shall be attested to by sworn affidavit.
3. The Superior Court and courts of limited jurisdiction organized under Titles 3, 35, and 35A RCW have jurisdiction to issue such search warrant. Evidence obtained pursuant to any such search may be used in a criminal, civil, or administrative enforcement action. (Ord. 2009-19, 2009; Ord. 2006-37, 2006)

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Chapter 18.02
INFRACTION CORRECTIVE ORDERS

Sections
18.02.010 Violations - Enforcement.
18.02.020 Order to correct violation.
18.02.030 Notice of violation and abatement.
18.02.040 Notice of infraction.
18.02.050 Failure to comply.

18.02.010 Violations - Enforcement.

1. Except as provided in this Title, any authorized official under 18.01.020 KCC may investigate alleged or apparent violations of this Title.
2. If an authorized official makes a determination that a violation has occurred or is occurring, that official may:
   1. Pursue reasonable attempts to secure voluntary correction by issuing an order to correct violation;
   2. Issue a Notice of Violation and Abatement to the landowner(s); or
   3. Issue a notice of infraction if that official reasonably believes a violation has occurred.
   4. File a Notice of Title with the Auditor’s Office for any code violation that has remained unresolved for forty-five (45) days or more after Kittitas County issued an Order to Correct Violation. After the violation has been resolved, the landowner shall pay a fee as set forth in the Community Development Services Fee Schedule to process and record a lifting of the Notice to Title.
3. Nothing in this Chapter shall limit the ability of the authorized official to pursue other corrective actions as allowed by law. (Ord. 2018-021, 2018; Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994)

18.02.020 Order to correct violation.

1. Purpose. An order to correct violation may be issued in an effort to secure voluntary correction within a reasonable amount of time as determined by the authorized official.
2. Order to correct violation - Content. The order to correct violation should contain:
   1. The name and address of the landowner or the other person(s) to whom the order to correct violation is directed; and
   2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
   3. A description of the violation and a reference to that provision of the ordinance or code which is alleged to have been violated; and
   4. A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed; and
   5. A statement that failure to respond to the order to correct violation, within a defined and listed amount of time assessed as reasonable by the authorized official, may result in the issuing of a notice of infraction, Notice of Violation and Abatement or possible criminal charges and the commencement of a monetary penalty in an amount per day for each violation, assessed against the person(s) in the case of violations of 18.01.010(1) KCC, and against the land in the case of violations under 18.01.010(2) KCC or 18.01.010(3) KCC, to whom the order to correct violation is directed for each and every day, or portion thereof, on which the violation continues following the date set for correction; and
   6. Notice that multi-day violations are chargeable as crimes under 18.01.050 KCC; and
   7. The signature of the authorized official who issues the order to correct violation.
3. Order to correct violation - Service.
   1. The order to correct violation is issued to the landowner or to any person causing, allowing, or participating in the alleged violation. The order to correct violation shall be served upon the person to whom it is directed by either:
      1. personal service of an authorized official pursuant to 18.01.020 KCC; or
      2. by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to such person at his/her last known address.
   2. Where practical, a copy of the notice should be posted on the affected property or structure. Failure to post a copy of the notice is not, however, a requirement of proper service.
   3. The failure of the landowner or person causing, allowing or participating in the alleged violation to receive such Order to Correct shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner provided in this section shall be effective on the third day after the date of postmark, excluding Saturdays, Sundays and holidays.
4. Order to correct violation - Extension of Time. Upon written agreement between an authorized official and the party allegedly in violation, the parties may agree to an extension of time to correct the violation.
   1. The extension of time shall include a date certain in the future upon which correction of the violation is to be complete.
   2. The extension of time shall be granted only upon a showing of good cause as demonstrated in the written agreement. Among others, factors to be considered are:
      1. Substantial completion of the necessary correction;
      2. Unforeseeable circumstances which render completion of the necessary correction impossible by the date established;
      3. A proposed phase removal plan that extends beyond the established correction date.
5. Order to correct violation - Repeat Offense. When an order to correct violation has been previously issued for the same offense to the same person at the same location, the authorized official is not required to issue an order to correct violation and may immediately issue a notice of infraction, a Notice of Violation and Abatement, or possible criminal charges (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994).

18.02.030 Notice of Violation and Abatement.

1. Whenever, upon a reasonable belief, a public nuisance exists in violation of this Title, an authorized official may issue a Notice of Violation and Abatement to the landowner(s), containing the following:
   1. The street address, parcel number(s), or description of the building, structure, premises, or land in terms reasonably sufficient to identify its location;
   2. A description of the violation(s) including the day or days of the offenses;
   3. A reference to the Title, Chapter, and Section of the KCC or Kittitas County Health Department regulation or written order which has been violated, if applicable;
   4. The amount of the fine imposed and to whom and by when it must be paid;
   5. A description of the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, or any other appropriate action, and a date by which voluntary abatement must be completed;
   6. A statement that the person to whom a Notice of Violation and Abatement is directed may request an administrative hearing to be conducted by the Hearing Examiner. Such request (Notice of Appeal) must be in writing, accompanied by the appeals fee and must be received by the Public Official within 10 working days after the Notice of Violation and Abatement has been served.
   7. A statement that the landowner must correct the violation and pay the civil penalty; or may appeal the Notice; and
   8. A statement that the costs and expenses of abatement incurred by the County may be assessed against the person(s) named in the Notice of Violation and Abatement and further that failure to pay said costs may result in a lien for the costs of abatement being assessed against the property.
2. Service of the Notice of Violation and Abatement
   1. The Notice of Violation and Abatement shall be served by any one or combination of the following methods:
      1. By both first-class and certified mail with a 5-day return receipt requested to the last known address of the landowner of the property; or
      2. By posting the Notice of Violation and Abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or
      3. By personal service upon the landowner.
   2. The failure of the landowner to receive such Notice of Violation and Abatement shall not affect the validity of any proceedings taken under this Chapter. Service by certified mail in the manner provided in this section shall be effective on the third day after the date of postmark, excluding Saturdays, Sundays and holidays.
3. Notice of Appeal.
   1. Within 10 working days of service of a Notice of Violation and Abatement, the landowner may submit a written Notice of Appeal to the Authorized official, to appeal the Notice of Violation and Abatement.
   2. The notice of appeal shall contain a written, concise statement identifying:
      1. The decision being appealed;
      2. The name and address of the appellant and his interest(s) in the matter;
      3. The specific reasons why the appellant believes the decision to be wrong. The appellant shall bear the burden of proving the decision was wrong; and
      4. The desired outcome or changes to the decision.
4. Notice of Hearing.
   1. The authorized official shall issue and serve a Notice of Hearing to the appellants within fifteen working days after the receipt of one or more timely Notices of Appeal. Requests from multiple parties concerning the same nuisance may be consolidated.
   2. The Notice of Hearing shall be served by the same means as the Notice of Violation and Abatement.
   3. The Notice of Hearing shall contain the date, time, and location of the hearing.
5. Hearing.
   1. The appeal of a Notice of Violation and Abatement shall be heard by the Hearing Examiner.
   2. Unless otherwise provided herein, the provisions of Chapter 2.11 KCC shall govern the hearing process.
   3. Burden of proof.
      1. Except as otherwise required by law, in all cases where a license or permit is required but has not been issued, the burden shall be on the applicant to establish that the application meets all applicable criteria or that a license or permit is not required. In all other cases, the burden is on the county to prove the alleged factual basis set forth in the initiating document.
      2. Except as otherwise required by law, the burden in all cases is a preponderance of the evidence.
      3. The observation of a violation on different dates shall be prima facia evidence that the violation continued to exist on intervening dates.
   4. The Hearing Examiner shall determine if the property at issue constitutes a public nuisance as defined in this Chapter. The Hearing Examiner shall also determine if the appellant is the property owner and is therefore personally liable for the costs of abating the nuisance.
6. Order of the Hearing Examiner.
   1. Unless mutually agreed to by the appellant and the Hearing Examiner, the Hearing Examiner or the Hearing's Examiner's clerk shall serve upon both the county and the appellant, either personally or by mailing a copy of the order to the parties at his/her last known address as determined by the designated authorized official.
   2. The Hearing Examiner, in affirming the authorized official's Notice of Violation and Abatement, shall impose the fine consistent with the penalty provision of this Title and may assess administrative costs and/or costs related to the abatement of the nuisance.
   3. The Hearing Examiner may order the County to pay the appellant costs, and/or attorney fees only upon a finding that both the violation did not occur and intentional misconduct on the part of the authorized official.
   4. The appellant may file a request for reconsideration of the Hearing Examiner's decision within ten days of service of the Hearing Examiner's written decision, based on any of the following grounds materially affecting the substantial rights of said party or person:
      1. Errors of procedure or misinterpretation of fact, material to the party seeking the request for reconsideration;
      2. Irregularity in the proceedings before the Hearing Examiner by which such party was prevented from having a fair hearing; or
      3. Clerical mistakes in the official file or record transmitted to the Examiner, including errors arising from inadvertence, oversight, or omission, which may have materially affected the Board's decision on the matter.
   5. Upon receipt of a request for reconsideration, the Hearing Examiner shall review said request in light of the record and take such further action as is deemed proper; including, but not limited to, denying the request, granting the request, with or without oral argument, and may render a revised decision. The decision of the Hearing Examiner shall be subject to reconsideration only one time, even if the Hearing Examiner reverses or modifies the original decision.
   6. If no written request for reconsideration has been received by the authorized official within ten days of the service of the order of the Hearing Examiner, the order shall be considered final unless appealed to the Kittitas County Superior Court. All such appeals shall be governed by Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ).
   7. Any order related to a violation of the Shoreline Master Program shall be considered final unless appealed to the Shoreline Hearings Board.
7. Cooperative Abatement Agreements.
   The authorized official and the landowner may enter into a cooperative abatement agreement which includes a right of entry agreement and an agreement regarding the recovery of costs of the abatement.
8. Cost Recovery.
   1. In addition to the other remedies available under this chapter, an authorized official may charge the costs of abatement to the landowner(s) who received the Notice of Violation and Abatement or to the landowner(s) who were found personally liable for the costs of abating the nuisance by an order issued by the Hearing Examiner if an appeal was filed. The costs are due and payable 30 days from mailing of the invoice and if not paid by that date shall bear interest at the rate of 12 percent per annum. The costs shall be paid to the Department to which the authorized official is assigned. In the case of persons designated by the Kittitas County fire marshal to enforce Chapter 15.08, 20 KCC costs shall be paid to the Office of the Fire Marshal.
   2. If more than one landowner has been issued a Notice of Violation and Abatement or more than one appellant was found personally liable for the costs of abating the nuisance by an order issued by the Hearing Examiner, each party shall be jointly and severally liable for the costs of the abatement.
   3. For purposes of this Section, "costs" shall include but are not limited to:
      1. Personnel costs, both direct and indirect, including all attorney's fees and costs incurred in the investigation, documentation, and abatement of the nuisance;
      2. Repair, demolition, hauling, clean up, storage, disposal, and environmental mitigation expenses;
      3. Actual expenses and costs of the County in preparing notices, specifications, and contracts, and the costs of any required printing or mailing;
      4. Actual expenses and costs of the County in accomplishing, contracting, or inspecting the abatement work;
      5. Penalties under to Chapter 18.05 KCC.
   4. Any salvage value proceeds resulting from the abatement of the property shall first be applied to the costs of abatement. Any remaining such monies shall be paid to the landowner as shown on the last equalized assessment roll.
   5. The County may impose a special assessment for the costs of any abatement proceedings under this chapter and all other related costs against the real property on which the nuisance was found or any of the work of abatement was performed.
9. Special Assessment.
   Pursuant to RCW 36.32.120(10), all costs incurred by Kittitas County for the abatement of any nuisance defined by any statute or ordinance shall be a special assessment upon land or premises on which the nuisance is situated and this assessment and/or any penalties under this Title shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes. An authorized official shall cause a claim of lien to be filed for record in the Auditor's Office within ninety (90) days from a final finding. (Ord. 2016-010, 2016; Ord. 2013-012, 2013; Ord. 2009-19, 2009)

18.02.040 Notice of infraction.
An authorized official may issue a notice of infraction where that official has probable cause to believe, and does believe, that a violation has occurred or is occurring.

1. Notice of Infraction - Contents. A notice of infraction shall either be:
   1. A notice of infraction ticket from a ticket book which substantially complies with IRLJ 2.1(b) and is approved by the Administrative Office of the Courts, or
   2. A notice of infraction form that shall contain the following:
      1. A statement indicating a determination has been made that the civil infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this Title;
      2. A statement of the specific civil infraction(s) alleged to have been committed for which the notice of infraction was issued and a reference to the code section allegedly violated;
      3. The date(s) the violation was observed;
      4. Address or sufficient description of the property at which the violation allegedly occurred;
      5. A statement that the civil infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
      6. A statement that a person's failure to respond to a notice of infraction as promised is a misdemeanor and may be punishable by a fine of up to one thousand dollars and/or imprisonment in jail up to ninety days;
      7. A list of options provided in this ordinance for responding to the notice of infraction and the procedures necessary to exercise these options;
      8. A statement that at any hearing to contest the determination of infraction, the burden is on the county to establish that the infraction was committed by preponderance of the evidence and that the person may produce witnesses and subpoena the authorized official who issued and/or served the notice of infraction;
      9. A statement that the person alleged to have committed the infraction promises to respond to the Notice of Infraction in a manner consistent with this title, and a space for the alleged violator's signature;
      10. A statement that refusal to sign the infraction as directed in paragraph (i) of this subsection shall constitute a determination that the person to whom the notice was issued committed the infraction;
      11. The amount of the penalty for the alleged infraction;
      12. Statement that if the violation is a nuisance and is not corrected, that the County can abate the nuisance and that the infraction penalty, abatement costs, and all associated legal costs and fees can become a lien against the property as well as a joint and several judgment against the owners and that the County can foreclose upon that lien, also obtaining reimbursement for its foreclosure costs, against the property;
      13. The name, signature, address, and phone number of the authorized official issuing the notice of infraction as well as the time and place the notice was issued; and
      14. A statement that multi-day violations can be charged as crimes.
2. Notice of Infraction - Service. An authorized official may issue a notice of infraction if that official has probable cause to believe, and does believe, that the provisions of an applicable ordinance has been violated. A notice of infraction may be served through adherence to IRLJ 2.2(c):
3. Notice of Infraction - Filing. A notice of infraction shall be filed in District Court within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. Kittitas County District Court shall have jurisdiction to hear and determine these matters.
4. Notice of Infraction - Determination. A notice of infraction represents a determination that the person to whom the notice was issued committed the infraction unless contested under the provisions of this Title.
5. Notice of Infraction-Notice of Lien. The Notice of Infraction shall constitute a Notice of Lien in case the matter ultimately results in abatement and a lien for such abatement costs.
6. Notice of Infraction - Procedure.
   1. A person who has been served with a notice of infraction shall respond to the notice as provided within this section within fifteen days of the date the notice was served as provided in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) 2.4.
   2. If the person fails to respond as provided in IRLJ 2.4, the court shall follow the procedure in IRLJ 2.5.
7. Notice of Infraction - Scheduling of Hearings
   1. If the person responds by requesting a contested hearing, then the court shall follow IRLJ 2.6(a) to schedule the contested hearing.
   2. If the person responds by requesting a mitigation hearing, then the court shall follow IRLJ 2.6(b) to schedule the mitigation hearing.
   3. The court may notify the county prosecuting attorney of a failure to respond to the notice of infraction if the person named on the notice fails to respond to the notice of infraction as provided in (b) of subsection six 18.02.040 KCC or fails to appear at a hearing requested pursuant to paragraphs (c) or (d) of this subsection. The court shall notify the respective county department of any judgment entered and the reasons therefore.
   (Ord. 2021-003,2021 Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)

18.02.050 Failure to comply.

1. Any person willfully violating his or her written and signed promise to appear in court or his or her signed promise to respond to the notice of infraction is guilty of a misdemeanor, punishable by fine up to one thousand dollars and/or imprisonment in jail up to ninety days, regardless of the disposition of the notice of infraction.
2. A person who willfully fails to pay a monetary penalty as required by a court under this chapter may be found in civil contempt of court after notice and hearing. Further, delinquent accounts with the court may be referred to an agency for collection.
3. Any person subject to criminal proceedings under this Title may be represented by a lawyer. If the person named on the notice of infraction qualifies, he or she may be represented by court-appointed counsel. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)

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Chapter 18.04
INFRACTION HEARINGS

Sections
18.04.010 General Procedures.
18.04.020 Repealed.

18.04.010 Contested hearing.

1. Infraction hearings shall be governed by the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) Title 3: Procedure at Hearings, unless otherwise provided in this Section.
2. If the court determines that the infraction was committed, it shall:
   1. Assess the monetary penalty per Section 18.05.010 KCC; and
   2. Order the individual to correct the violation, and enter such an order into the court’s records.
3. All appeals of the court’s determination shall be according to IRLJ Title 5: Appeals. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994).

18.04.020 Repealed.

(Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994).

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Chapter 18.05
PENALTIES

Sections
18.05.010 Infraction Penalties.
18.05.020 Criminal Penalties.
18.05.030 Abatement.

18.05.010 Infraction Penalties.

1. A person found to have committed a civil infraction shall be assessed a monetary penalty. Except as otherwise required by law, the maximum penalty and default amount is $500 for each day of violation under this Title, not including statutory assessments, and the minimum penalty shall be $250 for each day of violation under this chapter, not including statutory assessments. The court may not reduce, waive, or suspend the monetary penalty below the stated minimum.
2. A person having been issued a Notice of Violation and Abatement shall be subject to a monetary penalty. The authorized official shall determine the penalty amount. Except as otherwise required by law, the maximum penalty and default amount shall be $500 for each day of violation under this Title, not including statutory assessments, and the minimum penalty shall be $100 for each day of violation under this chapter, not including statutory assessments. The Hearings Examiner may not reduce, waive, or suspend the monetary penalty below the amount assessed by the authorized official.
3. Each and every day of violation is a separate civil infraction subject to the above per-day penalty.
4. A person found to have committed a civil infraction shall be ordered to correct the violation. Failure to correct the violation may result in an abatement action.
5. Whenever a monetary penalty is imposed by a court under this Title, it is immediately payable to the court. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the county prosecuting attorney of the failure to pay. The court shall also notify the respective county department of the failure to pay the penalty, and the respective county department shall not issue the person any future permits for any activities and/or work until the monetary penalty has been paid in full.
6. The court may also order restitution be paid to a damaged party by the person found to have committed the infraction.
7. Any person who, through an act of commission or omission procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
8. Whenever a Notice of Violation and Abatement has been issued by an authorized official and the applicable appeals period has expired, the monetary penalty shall be immediately payable to the Department to which the authorized official is assigned. Any such penalty not paid within 30 days of the issuance of the notice or order affirming such notice shall bear interest at the rate of 12 percent per annum and may be referred to a collection agency. Nothing in this Title limits the right of the County to pursue other lawful remedies to fees, fines and costs imposed by this Title.

(Ord. 2016-010, 2016; Ord. 2016-006, 2016; Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994)

18.05.020 Criminal Penalties.

1. Any misdemeanor in violation of 18.01.050 KCC shall be punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
2. Any gross misdemeanor in violation of 18.01.050 KCC shall be punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars.
3. A person found to have committed a misdemeanor or gross misdemeanor under 18.01.050 KCC may be ordered to correct the violation. Failure to correct the violation may result in an abatement action. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005)

18.05.030 Abatement.

1. When the violation is nuisance under KCC 18.01.010 and the unsuccessful defendant has not complied
   1. with the portion of the District Court order prescribing correction and the applicable appeal period has expired; or
   2. with the portion of the Notice of Violation and Abatement prescribing correction and the applicable appeals period has expired, the County may propose a resolution to the Kittitas County Board of County Commissioners seeking (a) authority to proceed with an abatement action in the Superior Court, (b) appropriation of funding to carry out the abatement, and (c) approval of a time table within which to complete the contemplated abatement. If a Department has an abatement fund established the County need only propose the above resolution to the Board if County general funds are necessary for the abatement.
2. Upon approval of the above described resolution if required by the Kittitas County Board of County Commissioners, the County shall apply to the District Court for a warrant of abatement and a transfer to Superior Court or file an action for a warrant of abatement in Superior Court.
3. Upon receipt of such application, the District Court shall transfer the cause to the Superior Court, which shall proceed to try the issue of abatement.
4. The presence of a nuisance, as determined by the District Court or through the procedure outlined in KCC 18.02.035, shall be res judicata.
5. The Superior Court shall decide whether or not the defendant has complied with the District Court order requiring correction or the corrective measure outlined in the Notice of Violation and Abatement.
6. If not, the Superior Court shall issue a warrant of abatement authorizing the County to abate the nuisance at the expense of the party causing the nuisance and to levy a special assessment against the involved real estate to defray costs and reimburse the County for its abatement costs.
7. Such special assessment, along with any civil penalties and costs shall constitute a lien against the property upon which the violation occurred that shall be of equal rank with state, county, and municipal taxes.
8. An authorized official shall cause a claim of lien to be filed for record in the Auditor's Office within ninety (90) days from the date of completion of the abatement performed pursuant to this Title.
9. The claim of lien shall contain the following:
   1. The authority for imposing a civil penalty and/or proceeding to abate the violation;
   2. A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;
   3. A description of the property to be charged with the lien;
   4. The name of the known owner or reputed owner, and if not known the fact shall be alleged; and
   5. The amount, including lawful and reasonable costs, for which the lien is claimed.
10. No lien created by this Title binds the property subject to the lien for a period longer than ten years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien.
11. Liens created under this Title shall bear interest at the rate of 12 percent per annum and such interest shall accrue as of the date notice of the lien is sent to the property owner. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006)

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Chapter 18.06
LEGAL PROVISIONS

Sections
18.06.010 Nature of infraction proceedings.
18.06.020 Legal costs infractions.
18.06.030 Severability and Saving.
18.06.040 Conflicts.
18.06.050 Other Lawful Remedies.

18.06.010 Nature of infraction proceedings.
Any finding or order that an infraction has been committed under the provisions of this Title is civil in nature. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)

18.06.020 Legal costs of infractions.
Except where explicitly stated in this Title, each party in a civil infraction case is responsible for attorney fees and costs incurred by that party. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)

18.06.030 Severability and Saving.
If any provision of this chapter or its application to any person or property is held invalid, the remainder of this chapter or the application of the provision to other persons or property is not affected and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 2009-19, 2009)

18.06.040 Conflicts.
If any provision of this Title or its application to any person or property is in conflict with any other provision of County Code or Court Rule, including procedural rules; then the provision contained within this Title shall control. (Ord. 2013-012, 2013; Ord. 2009-19, 2009)

18.06.050 Other Lawful Remedies.
Nothing in this code limits the right of the County to pursue other lawful criminal, civil or equitable remedies to abate, discontinue or correct violations of this Title. (Ord. 2013-012, 2013; Ord. 2009-19, 2009)

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Chapter 18.07
SPECIAL PROVISIONS FOR ENFORCEMENT OF TITLE 17B SHORELINES

Sections
18.07.010 Authority and purpose.
18.07.020 Definitions.
18.07.030 Collaborative enforcement with the Department of Ecology.
18.07.040 Appeals to the Shorelines Hearings Board.
18.07.050 Damages and attorney's Fees.

18.07.010 Authority and purpose
The Shoreline Management Act calls for a cooperative program between local government and the state. It provides for a variety of means of enforcement, including civil and criminal penalties, orders to cease and desist, orders to take corrective action, and permit recession. The provisions of WAC 173-27 adopted under RCW 90.58.200 and 90.58.210 implement the enforcement responsibilities of the Department of Ecology and local government under the Shoreline Management Act. This Chapter implements specific provisions of WAC 173-27 that should be used in enforcement of the Shoreline Master Program and should be used in addition to other provisions of KCC Title 18 to enforce Title 17B Shorelines. (Ord. 2016-010, 2016)

18.07.020 Definitions
The definitions in WAC 173-27-030 shall apply in KCC 18.07, except that the following definitions shall apply when used in this part of the regulations:

1. "Permit" means any form of permission required under the Shoreline Management Act prior to undertaking activity on shorelines of the state, including substantial development permits, variances, conditional use permits, permits for oil or natural gas exploration activities, permission which may be required for selective commercial timber harvesting, and shoreline exemptions; and
2. "Exemption" means authorization from local government which establishes that an activity is exempt from substantial development permit requirements under WAC 173-27-040, but subject to regulations of the act and the local master program.

(Ord. 2016-010, 2016)

18.07.030 Collaborative enforcement with the Department of Ecology

1. A person who fails to conform to the terms of a shoreline permit issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state without first obtaining a permit, or who fails to comply with an infraction corrective order issued for violation of the Shoreline Master Program under this Title may be subject to a civil penalty pursuant to KCC 18.05.
2. The Department of Ecology may impose a penalty jointly with the County, or alone only upon an additional finding that a person:
   1. Has previously been subject to an enforcement action for the same or similar type of violation of the same statute or rule; or
   2. Has been given previous notice of the same or similar type of violation of the same statute or rule; or
   3. The violation has a probability of placing a person in danger of death or bodily harm; or
   4. Has a probability of causing more than minor environmental harm; or
   5. Has a probability of causing physical damage to the property of another in an amount exceeding one thousand dollars.
3. In the alternative, a penalty may be issued to a person by the Department of Ecology alone, or jointly with the County for violations which do not meet the criteria of subsection 1.a through e of this chapter, after the following information has been provided in writing to a person through a technical assistance visit or a notice of correction:
   1. A description of the condition that is not in compliance and a specific citation to the applicable law or rule;
   2. A statement of what is required to achieve compliance;
   3. The date by which compliance is required to be achieved;
   4. Notice of the means to contact any technical assistance services provided by the agency or others; and
   5. Notice of when, where, and to whom a request to extend the time to achieve compliance for good cause may be filed with the Department of Ecology. Furthermore, no penalty shall be issued by the Department of Ecology until the individual or business has been given a reasonable time to correct the violation and has not done so.

(Ord. 2016-010, 2016)

18.07.040 Appeals to the Shorelines Hearings Board
Persons incurring a penalty imposed by the Department of Ecology or imposed jointly by the Department of Ecology and the County may appeal the same to the shorelines hearings board, pursuant to WAC 173-27-290. Appeals to the shorelines hearings board are adjudicatory proceedings subject to the provisions of chapter 34.05 RCW. Persons incurring a penalty imposed by the County may follow appeal/contesting procedures of KCC 18.02 and KCC 18.04. (Ord. 2016-010, 2016)

18.07.050 Damages and attorney's Fees
Private persons shall have the right to bring suit for damages under RCW 90.58.230 on their own behalf and on the behalf of all persons similarly situated. If liability has been established through abatement proceedings according to KCC 18.05.030, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney’s fees and costs of the suit to prevailing party. (Ord. 2016-010, 2016)

Title 19 | AIRPORTS

Chapters
19.04 Kittitas County Airport (Bowers Field)

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Chapter 19.04
Kittitas County Airport (Bowers Field)

Sections

19.04.010 Purpose and intent.
19.04.020 Minimum Standards for commercial aeronautical operations at Bowers Field.
19.04.030 Rules and Regulations for public use of Bowers Field.
19.04.040 Design Standards for aeronautical development on Bowers Field

19.04.010 Purpose and intent.
The Purpose and intent of this chapter is to allow the Kittitas County Airport to establish appropriate minimum standards of commercial aeronautical operation, rules and regulations of public use, aeronautical infrastructure design standards and provide safety of operation through these three documents. These documents are designed to be fluid and easily amendable, capturing the intent of the FAA while providing flexibility of operations to accommodate the most appropriate and up to date aeronautical use and safety regulations.

(Ord. 2021-015, 2021)

19.04.020 Minimum Standards for commercial aeronautical operations at Bowers Field.
Reference the Minimum Standards Document located on the Kittitas County Airport web page.

(Ord. 2021-015, 2021)

19.04.030 Rules and Regulations for public use of Bowers Field.
Reference the Rules and Regulations Document located on the Kittitas County Airport web page.

(Ord. 2021-015, 2021)

19.04.040 Design Standards for aeronautical development on Bowers Field.
Reference the Design Standards on the Kittitas County Airport web page written in accordance with KCC 17.58 - Airport Zone

(Ord. 2021-015, 2021) 

Title 20 | FIRE AND LIFE SAFETY

Chapters
20.01 General Authority and Responsibilities
20.02 Fire Apparatus Access
20.03 Gates
20.04 Key Boxes
20.05 Fire and Life Safety Inspections
20.06 Generators
20.07 Fire Hazards
20.08 Burn Ban
20.09 Amendments
20.10 Wildland Urban Interface Code

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Chapter 20.01
General Authority and Responsibilities

Sections
20.01.010 Fire district.
20.01.020 Fire Marshal.
20.01.030 Stop work order.
20.01.040 Limited commission.
20.01.050 Violations--penalties.

20.01.010 Fire district.
The Chief of the Fire District, or his/her authorized designee, is authorized to implement a burn permit system and take such lawful action, including the writing and issuance of citations for civil infractions, as may be required to enforce the provisions of the outdoor burning ordinance codified in this title. (Ord. 2010-005, 2010)

20.01.020 Fire Marshal.
The Fire Marshal is authorized to render interpretations of the codes, as mandated by state law and adopted by Kittitas County, and make and enforce such rules and regulations for the prevention and control of fires and fire hazards necessary to carry out the application and intent of this code. (Ord. 2010-005, 2010)

20.01.030 Stop work order.
Whenever any work is being done contrary to the provisions of the International Fire Code, International Residential Code, International Property Maintenance Code, International Mechanical Code or the Kittitas County Code, which pertain to fire and life safety, the Fire Marshal may order the work stopped by notice in writing served on any person engaged in the doing or causing such work to be done, or by posting such notice in a conspicuous place on the premises where the violation is occurring, and any such person shall stop such work until authorized by the Fire Marshal to proceed with the work.

Whenever any work is being done contrary to the provisions of this code, the Fire Marshal may order the violations corrected without ordering all work stopped by issuing a correction notice which identifies the violation. The correction notice may require re-inspection prior to further construction. The correction notice shall be served or posted in the same manner as the Stop Work Order. (Ord. 2021-003, 2021; Ord. 2010-005, 2010)

20.01.040 Limited commission.
The County Sheriff or his/her designee may appoint deputies from the Fire Marshal's Office. Such officers shall have the power of citation as may be appropriate and necessary for the proper performance of the duties of their office. Upon such appointment being made, the County Sheriff shall issue to the appointee a limited commission card. The appointment shall continue until the appointee is permanently terminated from county employment, but may be revoked at any time by the County Sheriff. (Ord. 2010-005, 2010)

20.01.050 Violations--penalties.
All violations of this Title shall be through Title 18. Penalties shall be as defined in Title 18. (Ord. 2010-005, 2010)

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Chapter 20.02
Fire Apparatus Access

Sections
20.02.010 Definitions.
20.02.020 Grade.
20.02.030 Driveways.
20.02.040 Fire lanes.
20.02.050 Bridges.

20.02.010 Definitions.
Fire apparatus access road--An approved route that is always available for use by fire trucks and emergency services apparatus, and is designed to meet fire equipment load and access requirements. (Ord. 2010-005, 2010)

20.02.020 Grade.
Any fire apparatus access road hereafter created shall Comply with KCC 12.04.080 (Ord. 2021-003, 2021; Ord. 2019-013, 2019; Ord. 2016-008, 2016; Ord. 2010-005, 2010)

20.02.030 Driveways.
Any County driveway hereafter created longer than 150' in length shall comply with KCC 12.04.080, Table 4-4B. (Ord. 2021-003, 2021; Ord. 2010-005, 2010)

20.02.040 Fire lanes.
Fire lanes shall remain clear from obstructions, including snow accumulations, vehicles, and any other impediment to emergency services response. (Ord. 2010-005, 2010)

20.02.050 Bridges.
Any bridge or box culvert hereafter erected, modified, altered or repaired shall meet a live load bearing of no less than 75,000 lbs. All box culvert, bridge designs, and load ratings shall be stamped by a registered professional engineer in the State of Washington. An approved sign with the load rating shall be posted on the ingress side of the bridge.

New bridges and repairs of existing bridges shall require a permit through Kittitas County Public Works. (Ord. 2021-003, 2021; Ord. 2010-005, 2010)

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Chapter 20.03
Gates

Sections
20.03.010 Definitions.
20.03.020 Gates.

20.03.010 Definitions.
Private Road--An access road serving 3 or more lots, residences or multi-family units, that is privately owned and maintained for the use of the owner(s) or those having expressed or implied permission from the owner(s). (Ord. 2010-005, 2010)

20.03.020 Gates.
Any gate hereafter installed on any private road within Kittitas County shall meet the following conditions:

1. The width of the gate shall be no less than 16 feet,
2. Any locking mechanism must be approved by the Fire Marshal,
3. The locking mechanism shall be electronic or key operated, with a Fire Marshal approved key box located at the gate,
4. Any electronic codes for the gate shall be given to the fire district and left in the approved key box. Upon any change to the code, the fire district shall be notified immediately as to the new code, and the key box shall be updated.
5. A permit shall be issued by the Fire Marshal prior to the commencement of any work. (Ord. 2010-005, 2010)

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Chapter 20.04
Key Boxes

Sections
20.04.010 Key boxes.

20.04.010 Key boxes.
A Key Box shall be installed on all buildings, occupancies or premises that are equipped with a fire protection system, and all other buildings or appurtenances where immediate access may be necessary, including gates to private communities, private roads, etc. The key box shall be an approved type and installed in a location recommended by the Fire Marshal and shall contain keys or codes to gain necessary access.

Exception: Single family residences not used as a bed and breakfast, duplexes, and other type R-2 occupancies which do not meet the minimum requirements as listed above, are exempt. (Ord. 2010-005, 2010)

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Chapter 20.05
Fire and Life Safety Inspections

Sections
20.05.010 Authority.
20.05.020 Process.
20.05.030 Operational permits.
20.05.031 Temporary business permits.
20.05.040 Construction permits.
20.05.050 Assembly/special event permits.
20.05.060 Fees.

20.05.010 Authority.
The Fire Marshal, or his/her designee, is authorized to inspect the following nonresidential occupancies in unincorporated Kittitas County;

1. Hospitals;
2. Nursing homes;
3. Assisted living facilities;
4. Medical Centers;
5. Schools;
6. Daycare facilities;
7. Any other recreational and/or educational centers, including but not limited to camps, riding arenas, etc.;
8. Retail stores;
9. Business offices;
10. Dining and entertainment establishments;
11. Industrial and manufacturing facilities;
12. Special events located in nonresidential occupancies;
13. Special events located in residential occupancies where a special event permit has been issued;
14. Repair garages and automotive maintenance garages;
15. Places of assembly;
16. Spray booth facilities; and
17. All other nonresidential occupancies which may pose a fire or life safety hazard to the public or employees, or as listed in the International Fire Code, as adopted in Title 14.

The Fire Marshal, or his/her designee, is also authorized to inspect the following residential occupancies in unincorporated Kittitas County;

1. The common areas of apartments and condominiums;
2. Commercial Vacation rentals;
3. Lodges, hotels and motels;
4. Mobile home parks; and
5. Recreational Vehicle parks

Exceptions:

1. The Fire Marshal or Deputy Fire Marshal will not make entrance into the individual apartment or condominium units unless a specific request is made by the occupant or owner of the property. A landlord may not grant permission to enter a premise that has a tenant.
2. Single family residences and duplexes shall not be regulated under this code. (Ord. 2010-005, 2010)

20.05.020 Process.
Any public or private business, including any building or property associated with such business to which the public or employees may make entrance into or upon, shall be required to have an annual fire and life safety inspection. Fire and life safety inspections shall occur during business hours of the business or Monday through Friday, at the discretion of the Fire Marshal. Inspections may or may not be scheduled prior to inspection of the premises.

Each business is responsible for payment of the fees assessed for the annual Fire and Life Safety inspection. Failure to pay the fee set by the County for an annual inspection may result in enforcement action as adopted by Title 18 of the Kittitas County Code. Nothing in this title shall limit the remedies available to the County as set forth in the International Fire Code, International Property Maintenance Code or other County Ordinance or state law. (Ord. 2010-005, 2010)

20.05.030 Operational permits.
Any business or person engaging in any type of operation as defined in Section 105.6 of the International Fire Code shall first apply for and receive an Operational Permit from the Fire Marshal. Inspections of the type of operation shall be required on an annual basis. The permit is valid for a prescribed time period, or until such time as it is revoked by the Fire Marshal. (Ord. 2010-005, 2010)

20.05.031 Permits for temporary businesses.
Any temporary or seasonal business shall be required to apply for and receive a Temporary Operational Permit prior to opening for business. Applications shall be received by the Fire Marshal's Office no later than 14 days prior to the date the business is to begin operations. A fire and life safety inspection shall be conducted prior to the business opening to the public. (Ord. 2010-005, 2010)

20.05.040 Construction permits.
A construction permit is required when a safety related system or hazardous material storage is installed or an existing system or facility is modified, as stated in Section 105.7 of the International Fire Code. A plan review of the installation shall be approved prior to the installation of the system. An inspection of the system shall be conducted by the fire inspector prior to system initiation. (Ord. 2010-005, 2010)

20.05.050 Assembly/special event permits.
Public assembly/special event permits are required for events held inside a structure or outdoors where people may be confined by fences, walls, buildings, trees, or are located in any area where egress may not be adequate. Assembly/Special Event Permits are required for events including but not limited to trade shows, exhibits, conventions, meetings, food festivals, farmer's markets, street fairs, art festivals, music festivals, or similar functions. The following criteria apply when determining whether an Assembly/Special Event Permit is required:

1. The calculated load is 50 people or greater,
2. These gatherings are not physically laid out in accordance with floor plans approved as part of the annual fire and life safety inspections.

Exceptions:

1. An Assembly/Special Event permit is not required for events at public assemblages which conform to seating plans approved under the annual fire and life safety permit. If the seating plan is altered for the gathering, a permit is required.

Inspections for these events shall occur prior to the event opening, and may, by nature of the event, need to be conducted on weekends or after normal business hours. (Ord. 2010-005, 2010)

20.05.060 Fees.
Fees shall be set by resolution of the Board of County Commissioners. Failure to pay the fee set by the County or receive a passing inspection shall be grounds for revocation of a permit granted under sections KCC 20.05.030 and 20.05.031, or enforcement as adopted by Title 18 of the Kittitas County Code. (Ord. 2010-005, 2010)

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Chapter 20.06
Generators

Sections
20.06.010 Definitions.
20.06.020 Authority.
20.06.030 Permits.

20.06.010 Definitions.

Portable generator--a generator which can be moved at any time, is hooked up to a fuel line, has to be manually started and hooked up to the building loads.

Whole-house generator--also known as a stationary or standby generator is permanently set in one location, can start immediately either by push of a button or automatically because it is already hooked into the house wiring and to the fuel source. (Ord. 2010-005, 2010)

20.06.020 Authority.
The Fire Marshal or his/her designee is authorized to permit and inspect the installation of stationary, whole-house generators placed within the unincorporated areas of Kittitas County. (Ord. 2010-005, 2010)

20.06.030 Permits.
A permit shall be required prior to the installation of a whole-house generator. The installation shall comply with the National Electrical Code (NEC), NFPA 54 and/or NFPA 58 Fuel Gas codes, ICC/IRC/IFC and other provisions affecting life safety.

Exception: A permit is not required for the placement or use of a portable generator.

A separate permit is required for any placement of, or modification to a natural gas or LPG system. (Ord. 2021-003, 2021;Ord. 2010-005, 2010)

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Chapter 20.07
Fire Hazards

Sections
20.07.010 Definitions.
20.07.020 Authority.
20.07.030 Piles of natural vegetation for burning.
20.07.040 Recreational fires.
20.07.050 Sky Lanterns.

20.07.010 Definitions.

Fire Hazard - Any arrangement of materials and/or heat sources that presents the potential for harm, such as personal injury or ignition of combustibles.

Sky Lanterns - Miniature, unmanned air balloon that relies on an open flame as a heat source to heat the air inside the lantern with the intention of causing it to lift into the atmosphere. Typically made of rice paper or flame resistant paper, it has a fuel cell in the opening.

(Ord. 2012-004, 2012)

20.07.020 Authority.
The Fire Marshal or his/her designee may deem a property or condition on a property as a fire hazard. (Ord. 2010-005, 2010)

20.07.030 Piles of natural vegetation for burning.
Piles of natural vegetation for burning shall be no greater than 10' in diameter, and no more than 10' in height. If prior approval is obtained by the Fire Marshal and local fire district, pile sizes may be increased. It shall be the responsibility of the property owner to contact the local fire district to determine if a permit will be required, as well as to notify the fire district upon commencement of burning.

The following rules shall apply to all Outdoor Burning at all times:

1. The burning of garbage, trash, rubbish, or utilization of burn barrels, etc. is illegal;
2. No open burning within 50 feet of any structure or combustible material;
3. Pile size shall be no greater than 10' in diameter, unless prior approval to increase pile size is obtained from the Fire Marshal and fire district;
4. No more than one pile may be burned on any property at the same time;
5. Piles may be stored on a property no longer than twelve months;
6. Conditions that may cause the fire to spread shall be eliminated prior to ignition;
7. No open burning shall occur when wind speeds or gusts exceed 10 mph, unless prior approval is obtained by the Fire Marshal and local fire district:
8. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a water supply, fire extinguishers, heavy equipment, etc., shall be on site at all times; and
9. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire, shall be on site at all times while the fire is burning. (Ord. 2010-005, 2010)

20.07.040 Recreational fires.
Recreational fires are allowed in unincorporated areas of Kittitas County, provided that no restrictions or burn bans are in effect.

The following rules for Recreational Fires shall apply at all times:

1. Recreational fires, camp fires, cook fires, etc. shall be no greater than 3' x 3' in diameter and no more than 2' in height;
2. No recreational fires shall be located within 25 feet of any structure;
3. A person capable of utilizing fire extinguishing equipment such as buckets, shovels, garden hoses connected to a water supply, fire extinguishers, heavy equipment, etc., shall be on site at all times; and
4. Fire extinguishing equipment such as buckets, shovels, garden hoses connected to a water supply, fire extinguishers, heavy equipment or any equipment that will provide suppression of the proposed fire, shall be on site at all times while the fire is burning. (Ord. 2010-005, 2010)

20.07.050 Sky Lanterns.
The lighting and/or release of sky lanterns or like materials shall be prohibited in Kittitas County. (Ord. 2012-004, 2012)

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Chapter 20.08
Burn Bans

Sections
20.08.010 Established when.
20.08.020 Fire district zones established.
20.08.030 Open burning prohibited.

20.08.010 Established when.

1. When the Fire Marshal determines it is the public interest, the Fire Marshal may establish a prohibition against burning in incinerators, open burning and recreational fires as defined in the International Fire Code adopted in Title 14. The Fire Marshal shall notify the Board upon implementation of the burn ban, and provide the Board with a Resolution implementing the burn ban within 14 days. In the event that the Fire Districts in a particular zone as set in KCC 20.08.020, believe that a burn ban is warranted they may submit a written recommendation to the Fire Marshal, which the Fire Marshal shall forward to the Board of County Commissioners with his or her own recommendation.
2. The Kittitas County Fire Marshal may rescind the establishment of a burn ban or modify the condition of a burn ban when necessary. The Fire Marshal shall present to the Board the recommendations as to such action.
3. The Kittitas County Fire Marshal may grant campgrounds or special events an exemption to a burn ban upon application to the county Fire Marshal and the payment of a processing fee. Fees determined by resolution. Any exemption shall contain such conditions as the Fire Marshal and Fire District deems necessary to mitigate the concerns for extreme fire hazard. Such exemptions and conditions shall be in writing and included in the Exemption Permit issued by the Fire Marshal's Office. A copy of the permit shall be prominently posted at the burning site. An Exemption Permit issued by the Fire Marshal shall satisfy the requirements for the Fire District where the property is located. (Ord. 2021-003, 2021; Ord. 2010-005, 2010)

20.08.020 Fire district zones established.
The following zones are hereby established for burn ban initiation and implementation.

1. Zone 1--Kittitas Valley Fire and Rescue and Fire District 4
2. Zone 2--Fire District 1
3. Zone 3--Fire District 3, Fire District 6 and Fire District 7
4. Zone 4--Fire District 8 and Fire District 51

These zones are established for ease in the implementation of a burn ban and are not a limit on the Board's authority to specify different boundaries in imposing such bans. (Ord. 2010-005, 2010)

20.08.030 Open burning prohibited.
It is unlawful to engage in burning in any unincorporated area in Kittitas County in an incinerator, open fire or recreational fire after the Kittitas County Fire Marshal has established a burn ban and prior to the ban being lifted unless such burning is conducted in accordance with a written the Exemption Permit pursuant to Section 20.02.020.

If the land or property is outside of a fire district, no recreational fires shall be allowed during burn bans.

Exception: The Department of Natural Resources may allow recreational fires in designated campgrounds with approved fire pits on DNR protected lands located outside of a fire district. (Ord. 2010-005, 2010)

---

Chapter 20.09
Amendments

Sections
20.09.010 Amendments to the International Fire Code.
20.09.020 Fire protection systems - standards - amendments.

20.09.010 Amendments to the International Fire Code.
The following amendments to the International Fire Code, as adopted in Washington State RCW 19.27 and Kittitas County Code Title 14 are hereby adopted. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the Kittitas County Code, the Kittitas County Code provisions shall govern. (Ord. 2021-003, 2021; Ord. 2010-005, 2010)

20.09.020 Fire protection systems - standards - amendments.
International Fire Code Section 901.6.1 is amended as follows:

901.6.1 Standards. Fire Protection Systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1. Additionally, personnel shall have the following certifications if servicing a system in the unincorporated areas of Kittitas County:

System Type		Certification Required
Restaurant Hood and Duct Extinguishing Systems		IKECA
Water -based fire protection systems		NICET II

(Ord. 2010-005, 2010)

Chapter 20.10
Wildland Urban Interface Code

Kittitas County hereby adopts the following code for the purpose of establishing rules and regulations for all areas designated as Wildland Urban Interface areas within Kittitas County.

1. The International Wildland-Urban Interface Code the most current adopted edition, as published by the International Code Council; with the following adopted appendices and amendments:
   1. Appendices
      1. Appendix B: Vegetation Management Plan
      2. Appendix C: Fire Hazard Severity Form
   2. Amendments
      1. The following amendments shall be made:

         Section 105.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the code official, the code official is authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a federal fire agency or fire marshal’s office, a state fire agency or fire marshal’s office, a public university with an accredited program in Fire Sciences, or a certified scientific and objective testing agency such as Underwriters Laboratories or CSA Group Testing and Certification Inc. The Code Official shall have the authority to approve testing agencies. The opinion and report shall analyze the fire safety of the design, fire resistance of building products, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes.

         Section 302.1 Wildland Urban Interface Area Declaration of Designations. All unincorporated areas within Kittitas County are designated as Wildland Urban Interface areas and shall be identified per the most current edition of the Kittitas County Wildland Urban Areas map.

         Section 403.2.1 Dimensions. Not adopted. See KCC Code Titles 12 and 20.

         Section 403.2.2 Length. Not adopted. See KCC Code Titles 12 and 20.

         Section 403.2.3 Service Limitations. Not adopted. See KCC Title 12.

         403.4.1 Sign Construction. All road identification signs shall meet Kittitas County Road Standards and Public Works requirements.

         Section 404.2 Water sources. The distance from proposed structures or property lines at which a water source is available for use shall be approved by the fire code official.

         Water sources shall comply with the following:

         1. Man-made water sources shall have a minimum usable water volume as determined by the adequate water supply needs in accordance with Section 404.5. This water source shall be equipped with an approved hydrant. The water level of the water source shall be maintained at all times. The design, construction, location, water level maintenance, access and access maintenance of man-made water source shall be approved by the fire code official.

         Section 404.3 Draft Sites. Not adopted

         501.1 Scope. Buildings and structures shall be constructed in accordance with the International Building and Residential Codes, as well as this code.

         Exceptions:

         1. Accessory structures not exceeding 200 square feet in floor area when located at least 50 feet from buildings containing habitable spaces. Commercial structures of any size shall be required to be permitted.
         2. Agricultural buildings at least 50 feet from buildings containing habitable spaces.

         Table 503.1 Ignition Resistant Construction ^a

         FIRE HAZARD SEVERITY
         	Moderate Hazard		High Hazard		Extreme Hazard
         	Water Supply (b)		Water Supply (b)		Water Supply (b)
         Defensible Space (c)	Conforming (d)	Nonconforming (e)	Conforming (d)	Nonconforming (e)	Conforming (d)	Nonconforming (e)
         Nonconforming	IR2	IR1	IR1	IR1 N.C.	IR1 N.C.	Not Permitted
         Conforming	IR3	IR2	IR2	IR1	IR1	IR1 N.C.
         1.5 x Conforming	IR3	IR3	IR3	IR2	IR2	IR1
         2.5 x Conforming	IR3	IR3	IR3	IR2	IR2	IR2

         1. Access shall be provided in accordance with section 403.
         2. Subdivisions shall have a conforming water supply in accordance with Section 402.1.
            1. IR1 = Ignitions-resistant construction in accordance with Section 504.
            2. IR2 = Ignition-resistant construction in accordance with Section 505.
            3. IR3 = Ignition-resistant construction in accordance with Section 506.
            4. N.C. = Exterior walls shall have a fire-resistance rating of not less than 1-hour and the exterior surfaces of such walls shall be noncombustible. Usage of log wall construction is allowed.
         3. Conformance based on Section 603.
         4. Conformance based on Section 404.
         5. A nonconforming water supply is any water system or source that does not comply with Section 404, including situations where there is no water supply for structure protection or fire suppression.

         504.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods:

         1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side.
         2. Approved noncombustible materials.
         3. Heavy timber or log wall construction.
         4. Fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code.
         5. Ignition-resistant materials on the exterior side. Ignition-resistant materials shall include materials treated with a fire retardant product tested in accordance with ASTM E84 or approved by an independent testing laboratory. Testing shall be performed by a certified scientific and objective testing agency such as Underwriters Laboratories or CSA Group Testing and Certification Inc. The Code official shall have authority to approve of testing agencies. The applicant shall provide an affidavit confirming that all fire retardant products were applied according to the product specifications and shall record a notice to title notifying future landowners of requirements for future reapplication of the product.
            
            Such material shall extend from the top of the foundation to the underside of the roof sheathing.

         504.7 Appendages and projections. Unenclosed accessory structures attached to building with habitable spaces and projections, such as decks, shall be a minimum of 1-hour fire resistance-rated construction, heavy timber construction or constructed of one of the following:

         1. Approved noncombustible materials,
         2. Fire-retardant treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code,
         3. Ignition resistant building materials in accordance with section 503.2

         504.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas, except when openings are approved by Cal Fire, approved by an independent testing laboratory such as Underwriters Laboratories, American National Standards Institute (ANSI), or ICC Evaluation Service (ICC-ES), or approved by the Code Official per Section 105.2. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical.

         505.7 Appendages and projections. Unenclosed accessory structures attached to building with habitable spaces and projections, such as decks, shall be a minimum of 1-hour fire resistance-rated construction, heavy timber construction or constructed of one of the following:

         1. Approved noncombustible materials,
         2. Fire-retardant treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code,
         3. Ignition resistant building materials in accordance with section 503.2 or

         602 Automatic Sprinkler Systems: Section 602 shall not apply to building permit applications submitted prior to March 15, 2018. This exception shall not apply to areas as “IR 1 (No Site Assmt Allowed)” on the Kittitas County Wildland Urban Interface Areas map.

         Section 603.2.2 Trees. Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than 10 feet (3048 mm). A clump of trees may be considered to be one tree for the purpose of meeting the 10-foot separation requirement, provided:

         1. A minimum of 10 feet of separation is provided between the structure and any vegetation or the crowns of any trees.
         2. Trees within the clump shall be native to the local area.
         3. The maximum number of trees in any given clump shall be limited to three (3).
         4. Trees within a clump shall be within a 15-foot diameter of each other as measured on the outside of the tree trunks.

         Alternatives to tree spacing and separation requirements may be approved by the code official based on a recommendation from an NFPA Certified Wildfire Mitigation Specialist or a certified forester.
         
         A covenant shall be required for all new land divisions resulting in more than 10 lots that requires all future landowners of the lots to comply with defensible space provisions after construction.

(Ord. 2021-003, 2021 Ord. 2019-007, 2019 Ord. 2018-005, 2018 Ord. 2013-013, 2013)



Volume G
83, 84	4/7/1919	Poolroom licensing ordinance (Repealed by 99-06)
Volume J
589	6/23/1947	County road installation permits (12.80)
Volume K
177	2/28/1949	Formation of single county road district (12.04)
220	7/5/1949	Mileage allowance for county officials (2.24)
235	8/29/1949	Participation in state employees' retirement system (Repealed by 99-03)
439, 440	7/23/1951	County office hours (2.20)
Volume L
3, 4	8/10/1953	Designation of official meeting time (2.04)
95	4/10/1954	Adoption of state standard traffic-control devices (10.04)
498, 499	8/28/1957	Plan regarding Social Security provisions (Repealed by 99-03)
547	2/3/1958	Dogs in courthouse (Repealed by 99-07)
559-561	2/24/1958	Sales of goods and merchandise at auctions (5.04)
572	4/14/1958	Fixing minimum sales prices on tax title real estate (Repealed by 99-04)
576-578	4/21/1958	Food handling establishments (8.08)
594	6/16/1958	Minimum pricing scale for sale of tax title lots (Repealed by 99-04)
600	7/21/1958	Planning commission (2.12)
612, 613	8/25/1958	Curfew (Repealed by 99-09)
Volume M
1	10/14/1958	Granting planning commission certain powers (Repealed by 99-03)
27	1/12/1959	Regarding size, weight and load of vehicles on county road (10.16)
48-51	3/16/1959	Civil defense ordinance (2.48)
208-210	8/8/1960	Special permits for overweight vehicles (Repealed by R-85-48)
213-216	9/6/1960	Voting precincts (1.08)
220-222	9/26/1960	House moving permits (5.16)
O-60-1	10/17/1960	House moving ordinance (5.16)
RD-61-11	8/28/1961	Fees and procedures for the issuing of over legal permits for movements on county roads (10.16)
R-62-9	5/19/1962	Voting precinct changes (1.08)
R-62-16	5/28/1962	Voting precinct changes (1.08)
426	5/28/1962	Amending house moving resolution (5.16)
O-63-1	4/15/1963	Regulation of use of motor boats on Cooper Lake (9.16)
O-63-4	12/30/1963	Boating ordinance (9.12)
R-64-6	3/9/1964	Division of county precincts (1.08)
Volume N
R-64-13	6/15/1964	Changes in county precinct boundaries (1.08)
R-64-14	6/15/1964	Changes in county precinct boundaries (1.08)
R-64-15	6/29/1964	Changes in county precinct boundaries (1.08)
R-64-19	7/27/1964	Amendment to food establishment ordinance (8.08)
RD-15-65	7/6/1965	Adoption by reference of uniform standards for installation of buried cables (12.16)
252A, 252B	4/11/1966	Report regarding justice court districting committee (2.08)\
R-66-13	4/18/1966	Commissioners districts (1.08)
267, 268	5/23/1966	Mutual aid agreement regarding civil defense (2.52)
R-66-22	6/18/1966	Adoption of justice court districting plan (2.08)
RD-36-66	9/26/1966	Revising uniform standards for installation of buried cables (12.16)
O-67-2	3/13/1967	Board of health regulations adopted (Repealed by 99-08)
O-67-3	4/3/1967	Regarding food handler's permits (8.08)
R-67-54	12/11/1967	Regarding establishment of a plan of group life, accident, hospital and surgical, insurance for county employees (Repealed by 99-03)
O-68-12	4/22/1968	Real estate excise tax (3.08)
R-68-15	6/24/1968	Mental retardation committee (2.16)
Volume O
R-69-4	2/10/1969	Policy regulation No. 1 (Repealed by 99-03)
O-69-11	11/17/1969	Outdoor music festivals (5.20)



O-70-3	3/9/1970	County sales tax (3.04)
R-70-5	3/27/1970	County housing authority (2.14)
179, 180	4/6/1970	Implementation of work release program in county jail (1.12)
O-70-12	9/8/1970	Litter and garbage on public and private property (Repealed by O-9421)
RD-2-71		County road employees (2.44)
RD-41-70	9/8/1970	Standard specifications for road and bridge construction (Repealed by O-94-32)
O-70-13	9/21/1970	Subdivisions (Title 16)
RD-55-70	12/7/1970	Utility accommodation policy adoption (12.12)
RD-16-71	3/1/1971	Pit reclamation policy (12.24)
O-71-3	4/19/1971	Building code and plumbing code adoption (14.04)
O-71-11	6/21/1971	Definitions and word construction (1.04)
O-71-8	7/19/1971	Amends §§ 16.12.020, 16.20.040, 16.24.090 and 16.40.050, subdivisions (Title 16)
RD-47-71	8/16/1971	Stop street adoption (10.12)
R-71-15	8/16/1971	Amends § 14.04.060, building fees (14.04)
RD-49-71	9/20/1971	Stop sign on No. Lake Cabins Road at S. Lake Cabins Road (10.12)
R-71-6	9/27/1971	Mobile home inspection fee (14.04)
O-71-7	9/27/1971	Amends Ord. 68-16 B, sewage disposal (13.04)
O-71-16	10/12/1971	Code adoption (1.04)
RD-46-71	11/8/1971	Restricted speed limits (10.08)
RD-75-71	12/13/1971	Utility accommodation policy adopted (12.12)
R-72-11	3/20/1972	Civil defense name change (2.48)
O-72-30	4/10/1972	Shoreline management (2.04)
RD-36-72	6/5/1972	Stop street (10.12)
R-72-33	6/26/1972	Ellensburg voting precincts (1.08)
R-72-69	12/18/1972	Private sewage disposal systems (13.08)
RD-4-73	1/8/1973	Reduces speed limit on Thorp Highway (10.08)
O-73-1	1/22/1973	Prohibits areas for discharging high-powered rifles; repeals Ord. 68-15 (9.20)
O-73-2	1/22/1973	Amends § 5 of Ord. 70-13, subdivisions (Title 16)
O-73-5	5/29/1973	Solid waste handling and facilities (Repealed by 78-10)
R-73-10	1/29/1973	Flood and mudslide control regulations (8.12)
RD-27-73	5/21/1973	Policy on road intersection illumination (12.28)
R-73-33	6/4/1973	Fees for recording and duplicating public records (2.56)
O-73-8	11/12/1973	Amends § 1 of subdivision ordinance (Title 16)
O-73-10	11/19/1973	Amends § 8.07(3) of subdivision ordinance (Title 16)
RD-71-73	10/29/1973	Reduces speed limit in Vantage (10.08)
RD-77-73	11/12/1973	Reduces speed on county roads (10.08)
RD-82-73	12/27/1973	Stop and yield signs installed (10.12)
O-74-1	4/15/1974	Amends § 16 of subdivision ordinance (Title 16)
RD-20-74	3/21/1974	Reduces speed within platted grasslands (10.08)
RD-30-74	5/20/1974	Stop sign at St. Ballard Hill intersection (10.12)
RD-36-74	7/1/1974	Stop sign at Hanson and Ward Roads intersection (10.12)
RD-37-74	7/1/1974	Stop sign at Wilson Creek Road and Willowdale Road (10.12)
RD-40-74	8/5/1974	Stop sign at Upper Peoh Point and Lower Peoh Point Roads (10.12)
R-74-36	8/12/1974	Mileage rate for cars on county business (Repealed by 99-03)
RD-45-74	9/3/1974	Stop sign at Casassa and Upper Peoh Point Roads (10.12)
RD-47-74	9/16/1974	Stop signs at various intersections (10.12)
RD-59-74	10/4/1974	Stop signs at various intersections (10.12)
RD-68-74	12/16/1974	Reduces speed limit in Broadview Acres (10.08)
RD-8-75	1/13/1975	Road sanding policy (12.05)
RD-11-75	1/20/1975	Stop sign at J. Schnebly and Fairview Roads (10.12)
RD-12-75	1/20/1975	Yield sign at Badger Pocket and Boch Road (10.12)
O-75-1	3/10/1975	Topless waitresses or entertainers (Repealed by 99-09)
O-75-3	4/14/1975	Amends § 3 of Ord. 70-13, subdivisions (Title 16)
RD-32-75	4/28/1975	Reduces speed in Valley View Estates (10.08)
Unnumbered	5/16/1975	Department of emergency services (2.48)
O-75-4	6/16/1975	Amends § 2 of Ord. 70-13, subdivisions (Title 16)
RD-39-75	6/16/1975	Restricted speed limit on Orchard Road (10.08)
R-75-38	6/23/1975	Commercial signs within county road right-of-way (12.50)
R-75-48	7/25/1975	Roslyn precinct boundaries (1.08)
RD-48-75	8/4/1975	Stop intersection designated (10.12)
RD-50-75	8/4/1975	Stop intersection designated (10.12)
Unnumbered (Vol. 1, page 575)	8/11/1975	Waiver of bond for work within county right-of-way by municipal corporations (12.06)
RD-52-75	8/18/1975	Stop intersection designated (10.12)
RD-53-75	8/18/1975	Stop intersection designated (10.12)
RD-54-75	8/18/1975	Stop intersection designated (10.12)
RD-55-75	8/18/1975	Stop intersection designated (10.12)
RD-56-75	8/18/1975	Stop intersection designated (10.12)
RD-57-75	8/18/1975	Stop intersection designated (10.12)
RD-61-75	8/25/1975	Restricted speed limit on Wilson Creek Road (10.08)
R-75-69	9/2/1975	Juvenile department's and prosecuting attorney's vehicles exemption from government vehicle marking requirements (Repealed by 99-03)
RD-84-75	10/27/1975	Restricted speed limit on South Lake Cabins Road (10.08)
RD-85-75	10/27/1975	Restricted speed limit on North Lake Cabins Road (10.08)
R-75-67	10/27/1975	Adopts All-Terrain Vehicle Action Plan (10.24)
O-75-13	11/10/1975	Amends § 8.07 of Ord. 70-13, subdivisions (Title 16)
O-75-15	11/10/1975	Adds Ch. 5.09, dancing and dance halls; repeals Ch. 5.08 (Repealed by 99-06)
O-75-12	11/24/1975	Adds § 23.03 to Ord. 70-13, subdivisions (Title 16)
Unnumbered (Vol. 1, page 747)	11/24/1975	County travel policy (Repealed by 99-03)
R-75-90	12/8/1975	Prescribes material for records of survey (2.56)
R-75-91	12/22/1975	Procedure for shorelines permit applications (2.04)
RD-23-76	3/8/1976	Right-of-way maintenance and acquisition policies (Repealed by Res. RD-40-76)
RD-24-76	3/8/1976	Right-of-way acquisition policy (12.44)
Unnumbered (Vol. 2, page 135)	3/29/1976	Leasehold excise tax (3.16)
R-76-44	5/3/1976	Meetings of board of health (2.10)
O-76-3	5/17/1976	Amends §§ 7 and 8 of Ord. 70-13, subdivisions (Title 16)
O-76-4	6/14/1976	Amends § 5.09.030, dance halls (Repealed by 99-06)
RD-40-76	7/6/1976	Revised right-of-way policy and acquisition procedures (12.44)
O-76-5	7/6/1976	Amends subdivision ordinance §§ 23.01 and 23.04, preparation and survey requirements (Title 16)
O-76-82		Establishes sheriff's department advance travel expense revolving fund (3.28)
RD-47-75	8/23/1976	Amends RD-46-71, restricted speed limits (10.08)
RD-48-76	8/30/1976	Establishes stop intersection (10.12)
RD-50-76	8/30/1976	Establishes yield intersection (10.12)
RD-57-76	10/4/1976	Establishes yield intersection (10.12)
RD-58-76	10/4/1976	Replaces yield intersection with stop intersection (10.12)
RD-59-76	10/4/1976	Establishes stop intersection (10.12)
RD-60-76	10/4/1976	Establishes stop intersection (10.12)
R-76-133	12/20/1976	Adds §§ 2.28.320 and 2.28.330; amends §§ 2.28.030, 2.28.080, 2.28.090, 2.28.130, 2.28.200, 2.28.210, 2.28.230, 2.28.250 and 2.28.280, employee leave policies (Repealed by 99-03)
R-77-6	1/17/1977	Health department fee schedule adopted by reference (Special)
O-77-1	1/24/1977	Adopts by reference certain sections of the RCW and WAC (Not codified)
R-77-44	1/31/1977	Establishes new voting precincts and boundaries (1.08)
RD-27-77	2/23/1977	Replaces stop intersection with yield intersection (10.12)
R-77-45	2/28/1977	Kittitas County travel policy (Repealed by 99-03)
RD-32-77	3/21/1977	Amends RD-46-71, restricted speed limit (10.08)
RD-48-77	5/23/1977	Amends RD-46-71, restricted speed limit (10.08)
O-77-2	6/11/1977	Amends §§ 3, 6, 7, 8 of Ord. 70-13, subdivisions (Title 16)
RD-60-77	7/25/1977	Establishes stop intersection (10.12)
RD-61-77	7/25/1977	Establishes stop intersection (10.12)
RD-62-77	8/1/1977	Establishes stop intersection (10.12)
RD-63-77	8/8/1977	Establishes stop intersection (10.12)
RD-71-77	8/22/1977	Establishes stop intersection (10.12)
RD-79-77	8/29/1977	Amends RD-46-71, restricted speed limit (10.08)
RD-82-77	8/29/1977	Amends RD-46-71, restricted speed limit (10.08)
O-77-3	10/10/1977	Irrigation easements; repeals § 8.10 (3) of Ord. 70-13, subdivisions (Title 16)
O-77-4	10/10/1977	Sprinkler irrigation systems (Title 16)
RD-88-77	10/10/1977	Establishes yield intersection (10.12)
RD-108-77	11/21/1977	Establishes stop intersection (10.12)
RD-110-77	11/21/1977	Establishes stop intersection (10.12)
RD-111-77	11/21/1977	Establishes stop intersection (10.12)
R-77-116	12/27/1977	Creates department of building inspector and fire marshal (2.68)
O-77-5	12/27/1977	Amends Ord. 68-1, sales tax (3.08)
RD-6-78		Right-of-way grazing permits (12.48)
78-1	1/3/1978	Repeals § 17.04.030 (Repealed)
Unnumbered (Vol. 3, page 373)	1/16/1978	Solid waste transfer stations (13.12)
78-10	1/30/1978	Repeals Ord. 73-5 (Repealed)
RD-51-78	7/17/1978	Establishes stop intersections (10.12)
RD-55-78	8/21/1978	Restricted speed limit on Pfenning Road (10.08)
RD-56-78	8/21/1978	Establishes temporary stop intersection (Special)
O-78-1	8/28/1978	Amends § 7.105 of the Uniform Fire Code (Repealed by 98-23)
RD-58-78	8/28/1978	Restricted speed limit on Anderson Road (10.08)
RD-60-78	9/5/1978	Establishes stop intersection (10.12)
R-78-55	9/18/1978	Election workers' wages (Special)
RD-59-78	9/25/1978	Restricted speed limit on Camas Lane Road (10.08)
O-78-2	10/9/1978	Transient occupancy tax (3.20)
RD-70-78	11/6/1978	Establishes yield intersection (10.12)
RD-71-78	11/6/1978	Restricted speed limit on New East Depot Road (10.08)
R-78-59	11/27/1978	Special election results (Special)
Unnumbered (Vol. 6, p. 697)	12/4/1978	On-site sewage disposal systems; repeals regulations passed 12/1/1975 (13.04)
RD-83-78	12/4/1978	Changes yield intersection to stop intersection (10.12)
R-78-62	12/18/1978	County employee wage policy (Repealed by 99-03)
R-78-64	12/26/1978	Capital projects cumulative reserve fund (Closed by R-84-96)
R-78-65	12/26/1978	Unemployment compensation tax cumulative reserve fund (Repealed by 99-04)
R-78-66	12/26/1978	Vacation and sick leave cumulative reserve fund (Repealed by 99-04)
R-78-67	12/26/1978	Federal anti-recession cumulative reserve fund (Repealed by 99-04)
RD-87-78	12/26/1978	Eliminates road from snow maintenance program (Special)
RD-88-78	12/26/1978	Eliminates road from snow maintenance program (Special)
RD-89-78	12/26/1978	Eliminates road from snow maintenance program (Special)
RD-90-78	12/26/1978	Eliminates road from snow maintenance program (Special)
RD-3-79	1/2/1979	Vehicle weight restrictions (10.28)
RD-25-79	2/26/1979	Establishes stop intersection (10.12)
RD-26-79	2/26/1979	Permits for overweight vehicles (10.16)
O-79-1	3/5/1979	Real estate sales tax (3.08)
R-79-6	3/19/1979	Board of health meetings (2.10)
RD-29-79	3/26/1979	Establishes stop intersection (10.12)
RD-31-79	3/26/1979	Changes yield intersection to stop intersection (10.12)
R-79-9	4/2/1979	Health permit fee schedule (8.08)
RD-32-79	4/2/1979	Changes yield intersection to stop intersection (10.12)
RD-33-79	4/2/1979	Changes yield intersection to stop intersection (10.12)
RD-34-79	4/2/1979	Changes yield intersection to stop intersection (10.12)
RD-40-79	4/16/1979	Establishes stop intersection (10.12)
RD-41-79	4/16/1979	Establishes stop intersection (10.12)
RD-39-79	4/23/1979	Restricted speed limits on Elmview, Beech, Cessna and Industrial Roads (10.08)
RD-48-79	4/30/1979	Establishes stop intersection (10.12)
RD-49-79	4/30/1979	Establishes stop intersection (10.12)
RD-50-79	4/30/1979	Establishes stop intersection (10.12)
RD-51-79	4/30/1979	Permits for overweight vehicles (10.16)
O-79-2	5/7/1979	Amends § 5 of subdivision ordinance (Title 16)
O-79-3	5/21/1979	Amends § 5 of subdivision ordinance (Title 16)
Unnumbered (Vol. 6, page 510)	6/4/1979	County travel policy (Repealed by 99-03)
R-79-23	6/6/1979	Shoreline designation change (Special)
R-79-21	6/11/1979	Election workers' wages (Special)
RD-58-79	6/25/1979	Establishes department of public works (2.50)
R-79-15	5/21/1979	Shoreline development permit fee (2.04)
RD-60-79	7/16/1979	Public works director permit issuance (2.50)
R-79-30	7/16/1979	Jury fees (Special)
R-79-31	7/16/1979	District court judge salaries (Special)
RD-68-79	8/6/1979	Restricts speed limit on Cooke Canyon Road (10.08)
O-79-4	9/24/1979	Flood damage prevention (14.08)
R-79-46	11/13/1979	Adds §§ 2.28.025 and 2.28.340; amends §§ 2.28.010, 2.28.030, 2.28.080, 2.28.090, 2.28.100 and 2.28.230; repeals §§ 2.28.110 and 2.28.150; employee leaves (Repealed by 99-03)
RD-83-79-A	11/19/1979	Right-of-way acquisition (Special)
RD-82-79	11/26/1979	Changes yield intersections to stop intersections (10.12)
RD-87-79	11/26/1979	Eliminates road from snow maintenance program (Special)
RD-88-79	11/26/1979	Eliminates road from snow maintenance program (Special)
RD-94-79	12/3/1979	Changes yield intersection to stop intersection (10.12)
RD-95-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-96-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-97-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-98-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-99-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-100-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-101-79	12/3/1979	Eliminates road from snow maintenance program (Special)
RD-105-79	12/17/1979	Restricts speed on Game Farm Road (10.08)
R-79-49	12/31/1979	Effective date of salaries under negotiation (Special)



DPW-3-80	1/21/1980	Property acquisition for federally funded projects (12.48)
O-80-1	1/21/1980	Amends subsection 22 of § 3 of subdivision ordinance (Title 16)
R-80-7	2/4/1980	Agreement with Housing Authority (Special)
R-80-9	3/17/1980	Solid waste disposal fees (13.12)
R-80-11	3/24/1980	Elected official salaries (Special)
R-80-12	3/24/1980	Employee wage policy (Repealed by 99-03)
R-80-14	4/14/1980	Election worker pay (Special)
DPW-37-80	5/27/1980	Adds to log tolerance routes (Repealed by R-85-48)
R-80-19	6/16/1980	Airport regulations (19.04)
O-80-2	6/30/1980	Amends §§ 14.04.040, 14.04.045 and 14.04.070; repeals §§ 14.04.010, 14.04.020 and 14.04.030; building code (14.04)
RD-50-80	8/25/1980	Establishes stop intersection (10.12)
RD-51-80	8/25/1980	Establishes stop intersection (10.12)
R-80-25	9/8/1980	Short plat requirements (Title 16)
R-80-27	9/22/1980	Parking lot debt service fund (Not codified)
R-80-28	9/22/1980	Fairgrounds' debt service fund (Not codified)
R-80-29	9/22/1980	Capital projects cumulative reserve fund (Not codified)
DPW-66-80	10/6/1980	Prohibits parking (Repealed by O-83-1)
DPW-67-80	10/6/1980	Prohibits parking (10.07)
DPW-71-80	11/17/1980	Restricted speed limits (10.08)
DPW-75-80	11/17/1980	Restricted speed limits (10.08)
DPW-76-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-77-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-78-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-79-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-80-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-81-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-82-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-83-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-84-80	12/1/1980	Eliminates road from snow maintenance program (Special)
DPW-91-80	12/8/1980	Prohibits parking (Repealed by O-82-13)
DPW 96-80	12/15/1980	Prohibits parking (Repealed by O-83-1)
R-80-43	12/22/1980	Wages for nonunion employees (Repealed by 99-03)
DPW-95-80	12/22/1980	Standards for mailbox locations (Repealed by O-94-32)
DPW-99-80	12/29/1980	Water rates (Not codified)
DPW-100-80	12/29/1980	Solid waste division transfer (Not codified)
R-81-2	1/19/1981	Amends § 2.04.010, county commissioner meetings (2.04)
DPW-8-81	1/26/1981	Establishes stop intersection (10.12)
R-81-3	1/26/1981	Fire protection district No. 8 (Special)
R-81-4	2/3/1981	Wage policy (Repealed by 99-03)
DPW-9-81	2/3/1981	Parking fees at county airport (Not codified)
DPW-10-81	2/3/1981	Rental fee schedule at county airport (Repealed by DPW-16-82)
R-81-5	2/10/1981	Amends § 14.04.060, mobile home permits (14.04)
DPW-11-81	2/10/1981	Transfer of solid waste equipment (Repealed by DPW-93-81)
DPW-16-81	2/10/1981	Designates primitive roads (Special)
O-81-2	3/24/1981	Amends floodplain regulations (14.08)
DPW-34-81	3/24/1981	Water utility fees (Not codified)
DPW-37-81	4/7/1981	Log tolerance permit routes (Repealed by R-85-48)
DPW-51-81	4/14/1981	Establishes stop intersection (10.12)
R-81-8	4/21/1981	Budget transfers (3.02)
R-81-10	5/5/1981	Timber tax refund fund (Special)
DPW-59-81	5/12/1981	Restricted speed limits (10.08)
O-81-3	5/12/1981	Amends § 3.1.7 of flood damage prevention ordinance (14.08)
R-81-16	6/2/1981	Transfer of funds (Special)
R-81-17	6/2/1981	Noxious weed control board (Not codified)
R-81-20	6/16/1981	Stock restricted area (Special)
R-81-21	6/9/1981	Transfer of funds (Special)
R-81-22	6/9/1981	Deferred compensation plan (Repealed by 99-03)
R-81-25	6/23/1981	Transfer of funds (Special)
DPW-66-81	7/14/1981	Reduces speed limit on portion of Liberty Road (10.08)
DPW-68-81	7/28/1981	Replaces yield with stop sign on Graham Road at Mohar Road (10.12)
R-81-31	7/28/1981	Precinct lines (1.08)
R-81-32	7/28/1981	Establishes jail construction and courthouse remodeling fund (Not codified)
DPW-69-81	8/11/1981	Replaces yield with stop sign on Reuse Road at Lower Peoh Point Road (10.12)
R-81-33	8/18/1981	Amends Res. 81-31, precincts (1.08)
R-81-34	8/18/1981	Approves Liberty Subdivision plat (Special)
DPW-72-81	8/25/1981	Raises fuel-assessment rate at airport (Repealed by Res. 83-47)
R-81-35	9/2/1981	Franchise to King Videocable Co. (Special)
DPW-74-81	9/15/1981	Prohibits parking on portion of Pfenning Road (10.07)
DPW-75-81	9/15/1981	Prohibits parking on portion of Vantage Highway (10.07)
DPW-77-81	9/15/1981	Reduces speed limit on portion of Hidden Valley Road (10.08)
DPW-78-81	9/15/1981	Reduces speed limit on Emerick Road (10.08)
DPW-80-81	9/22/1981	Reduces speed limit on portion of Hungry Junction Road (10.08)
DPW-81-81	9/29/1981	Establishes stop intersection on Pacific Avenue at 3rd St. (10.12)
R-81-37	10/13/1981	Bank account for jail-construction liability retainage (Special)
DWP-89-81	11/24/1981	Eliminates certain roads from 1981-82 road maintenance program (Special)
R-81-41	12/1/1981	Raises dumping fee at waste disposal facilities (13.12)
R-81-42	12/1/1981	Directs central acquisition and rental of new vehicles (Repealed by R-84-54)
DPW-90-81	12/1/1981	Closes Yellowstone Trail Road Bridge (Repealed by Res. DPW § 74-82)
DPW-92-81	12/1/1981	Payment from solid waste fund to equipment rental and revolving fund for certain equipment (Special)
DPW-93-81	12/1/1981	Restores former solid waste fund equipment to that fund; repeals Res. DPW-11-81 (Special)
O-81-4	12/15/1981	Amends § 5 of subdivision ordinance, filing and plat-check fees (Title 16)
R-81-44	12/15/1981	Amends § 38(1) of shoreline program, fees (2.04)
R-81-43	12/29/1981	Repair and maintenance of county vehicles (Repealed by R-83-104)
DPW-1-82	1/5/1982	Sets over-the-counter fees and establishes overweight truck permit procedure (10.16, Title 16)
DPW-2-82	1/5/1982	Prohibits parking on portion of Lake Cle Elum Dam Road (10.07)
Unnumbered (Vol. 11, p. 246)	1/5/1982	County travel policy (Repealed by 99-03)
DPW-7-82	1/12/1982	Amends Res. DPW-1-82, fees (Not codified)
DPW-8-82	1/12/1982	Transfers fueling facility from courthouse and jail fund to equipment rental and revolving fund (Special)
DPW-9-82	1/12/1982	Directs health department to rent radios from equipment rental and revolving fund (Special)
DPW-16-82	2/2/1982	Sets airport "T" hangar rentals; repeals Res. DPW-10-81 (Repealed by R-83-33)
R-82-4	2/9/1982	Amends § 3.20.060, transient occupancy tax (3.20)
DPW-24-82	2/16/1982	Equipment rental rates for 1982 (Not codified)
DPW-34-82	3/23/1982	Solid waste disposal site hours (Not codified)
R-82-7	3/30/1982	Amends weed-control assessment motion of Nov. 3, 1981 to remove incorporated areas (Special)
R-82-8	3/30/1982	Amends Res. 80-19 Ch. IV § 2, airport use standards (19.04)
DPW-35-82	3/30/1982	Establishes airport commercial-operations fee (19.04)
R-82-10	4/13/1982	Establishes prosecuting attorney's victim/witness fund (3.32)
O-82-1	4/20/1982	Prohibits gasoline-powered motor boats on Gladmar Pond (9.17)
R-82-12	4/20/1982	Establishes rental health center liability retainage account (Special)
R-82-13	4/20/1982	Repeals motion on weed-control assessments adopted Nov. 3, 1981 (Special)
DPW-44-82	5/4/1982	Amends § 12.08.010, highway standard specifications (Repealed by O-94-32)
Unnumbered (Vol. 11, p. 700)	5/4/1982	Airport minimum standards (19.04)
R-82-16	5/11/1982	Establishes computer debt service fund (Repealed by 99-04)
O-82-3	5/18/1982	Amends § 3(22) and (23) and § 7.02 of subdivision ordinance (Title 16)
R-82-18	-	Affirmative action plan (Repealed by 99-03)
O-82-4	6/8/1982	Adds § 1(3), definition to § 2 and § 5.71(8) to flood damage prevention ordinance (14.08)
O-82-5	6/29/1982	Regulates speed of motor boats on Little Kachess Lake (9.18)
O-82-6	7/13/1982	Reduces speed limit on portion of Zrebiec Road (10.08)
R-82-24	7/20/1982	Wages of nonunion employees (Repealed by 99-03)
O-82-7	7/27/1982	Regulates franchisee use of county roads and other properties (12.56)
DPW-62-82	7/27/1982	Grants franchise to Kittitas County Water District No. 2 for Ronald water system (Special)
Unnumbered (Vol. 12, p. 509-514)	8/16/1982	Mental health, mental retardation, drug abuse board (2.16)
O-82-8	8/17/1982	Changes yield intersections to stop intersections (10.12)
O-82-9	8/24/1982	Establishes speed limit on Westside Road (10.08)
O-82-10	8/24/1982	Changes yield intersection to stop intersection on Westside Road (10.12)
DPW-74-82	9/14/1982	Reopens Bridge No. 4091; repeals Res. DPW-90-81 (Special)
Unnumbered (Vol. 12 p. 403)	10/1/1982	Emergency services operations plan for fixed nuclear facility emergency (Special)
DPW-75-82	10/12/1982	Transfers capital assets from sheriff's office to equipment rental and revolving fund (Special)
O-82-11	11/9/1982	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-82-22	11/16/1982	Amends § 4 of county zoning Ordinance 68-1 (Not codified)
DPW-82-82	9/16/1982	Adopts emergency fuel usage plan (Special)
O-82-12	12/7/1982	Operation of snowmobiles (10.32)
O-82-13	12/7/1982	Prohibited parking; repeals Res. DPW § 91-80 (10.07)
DPW-88-82	12/7/1982	Opens certain county roads for snowmobile use (Special)
R-83-8	1/18/1983	Prohibits parking of private vehicles by county employees in Courthouse parking lot (10.06)
R-83-10	1/18/1983	Repeals county zoning Ordinance 68-1, and adopts Title 17 of county code as official zoning instrument (Title 17)
R-83-9	2/15/1983	Temporary fee schedule for mobile home inspection and enforcement costs (Special)
R-83-13	2/1/1983	Adopts revised organizational chart for department of public works (Repealed by 99-03)
R-83-17	2/8/1983	Establishes procedure for claims against the county (2.72)
R-83-19	2/22/1983	Snow load requirements for mobile homes (Special)
R-83-20	2/22/1983	Recording of county commissioners meetings (2.04)
R-83-33	3/29/1983	"T" hangar rental fee schedule; repeals Res. DPW § 16-82 (Not codified)
R-83-34	3/29/1983	Appointment of equal employment opportunity officer (Special)
O-83-1	5/3/1983	Establishes no parking zones on Via Kachess Road; repeals Res. DPW § 66-80 and DPW 96-80 (10.07)
O-83-2	5/17/1983	Regulates gathering and transportation of firewood (Repealed by 99-09)
R-83-47	5/24/1983	Airport fuel flowage fee schedule; repeals Res. DPW § 72-81 (Not codified)
O-83-3	6/14/1983	Sets speed limit on Cove Road (Repealed by 83-5)
O-83-4	6/21/1983	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
R-83-59	6/21/1983	Adds new section to Ch. 1.08; amends §§ 1.08.090 and 1.08.120, precincts (1.08)
R-83-60	6/21/1983	Adds new section to Ch. 1.08; amends §§ 1.08.110 and 1.08.265, precincts (1.08)
R-83-61	6/21/1983	Amends §§ 1.08.010, 1.08.030, 1.08.040, 1.08.080 and 1.08.220, precincts; repeals § 1.08.230 (1.08)
O-83-5	7/12/1983	Amends § 10.08.020, speed limits; repeals Ord. 83-3 (10.08)
O-83-6	7/26/1983	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-83-6-A	8/30/1983	Amends § 10.08.010, speed limits (10.08)
O-83-7	10/25/1983	Establishes no parking zones (10.07)
R-83-96	11/22/1983	Posts "no winter maintenance" signs on certain roads (Special)
R-83-104	12/13/1983	Repeals Res. 81-43 (Repealed)
R-83-113	12/27/1983	Amends Res. 82-25 (Special)
O-84-1	2/28/1984	Establishes no parking zone (10.07)
R-84-2	1/3/1984	Safety and health policy (Repealed by 99-03)
R-84-11	2/14/1984	Amends § 1.08.100, commissioners district (1.08)
R-84-12	2/14/1984	Approves consolidation of county sewer district no. 1 and Summit sewer district (Special)
R-84-14	3/6/1984	Policy on handicapped hiring and building access (Repealed by 99-03)
O-84-Z-l	4/10/1984	Zoning
R-84-22	4/10/1984	Adds § 1.08.140 and amends § 1.08.010, commissioner districts (1.08)
R-84-23	4/10/1984	Amends §§ 1.08.220 and 1.08.265, commissioners district (1.08)
R-84-24	4/17/1984	Increases drug abuse revolving fund (Special)
R-84-29	4/17/1984	Amends § 14.04.010, building code (14.04)
R-84-31	4/24/1984	Establishes drug enforcement cumulative reserve fund (3.24)
Unnumbered	5/15/1984	Handicapped grievance procedure (Repealed by 99-03)
R-84-2	6/12/1984	Board of health meeting time (2.10)
R-84-49	6/12/1984	Equipment rental rates (Special)
R-84-53	6/12/1984	Funds transfer (Special)
R-84-54	6/12/1984	Repeals Res. 81-42 and authorizes use of funds (Repealed)
O-84-3	8/21/1984	Excise tax on harvesters of timber (3.14)
O-84-4	11/30/1984	Adds § 10.08.025, speed limits (10.08)
O-84-5	12/18/1984	State environmental policy act (SEPA) (15.04)
O-84-6		Subdivision code (Title 16)
R-84-96	10/25/1984	Closes capital projects cumulative reserve fund (3.24)
O-85-1	7/30/1985	Sales or use tax (3.04)
O-85-2	8/20/1985	Amends § § 10.08.020 and 10.08.030, speed limits (10.08)
R-85-48	6/4/1985	Repeals Ch. 10.20, Res. RD § 29-75, DPW 37-80, and DPW 37-81 (Repealed)
R-85-75	10/1/1985	Changes effective date of Ord. 85-1 (3.04)
O-85-3	11/12/1985	Amends §§ 10.08.010 and 10.08.020, parking restrictions (10.08)
R-87-35	3/3/1986	Funds transfer (Special)
R-86-87	6/17/1986	Sheriff's fees for work release, for antabuse monitoring, and for out of county jail term costs (4.12)
O-86-1	6/24/1986	Amends § 10.12.010(1), stop intersections (10.12)
O-86-2	6/24/1986	Amends §§ 10.08.020 and 10.08.030, speed limits (10.08)
O-86-3	7/1/1986	No parking (10.07)
O-86-4	7/22/1986	Amends § 10.12.010(1), stop intersections (10.12)
O-86-5	7/22/1986	No parking (10.07)
O-86-6	8/1/1986	Real estate excise tax (3.09)
O-87-1	5/12/1987	Zoning
O-87-2	6/2/1987	No parking (10.07)
R-87-76	6/2/1987	Public hearing for revising speed limit on Kittitas Highway (Special)
O-87-3	6/30/1987	Speed limits (10.08)
O-87-4	7/6/1987	Rezone
O-87-5	8/4/1987	Amends §§ 16.04.010, 16.04.020, 16.16.010; adds Ch. 16.36 and 16.08.138, subdivisions (16.04, 16.08, 16.16, 16.36)
O-87-6	8/18/1987	Amends § 10.08.010, speed limits (10.08)
O-87-7	9/1/1987	Clarifies code adoption (1.04)
O-87-8	9/15/1987	Amends § 10.12.010(1), stop intersection (10.12)
O-87-9	9/22/1987	Zoning
O-87-10	11/10/1987	Rezone
O-87-11	11/10/1987	Zoning
R-87-128	12/8/1987	Adds Ch. 12.10, functional classification for roads (Repealed by O-94-18)
O-88-1	2/16/1988	Rezone
R-88-38	5/10/1988	Advertises for surplus property sale at public auction (Special)
O-88-2	6/21/1988	Zoning
O-88-3	2/16/1988	Amends § 10.08.020, speed limits (10.08)
O-88-4	3/8/1988	Zoning
O-88-5	5/10/1988	Zoning
R-88-7	12/28/1988	Comprehensive environmental health fee schedule (4.04)
R-89-2	1/10/1989	Fund classification change (Special)
R-89-3	1/17/1989	Closes Salmon La Sac Road for dogsled racing (Special)
R-89-4	1/17/1989	Snowmobile use of Salmon La Sac Road (Special)
R-89-19	2/28/1989	Increases county road fund petty cash (Special)
R-89-26	3/15/1989	Approves amendment to water district 3 comprehensive plan (Special)
R-89-34	4/4/1989	Closes Nelson Dairy Road (Special)
O-89-1	4/11/1989	Regulates parking on county properties (10.06)
O-89-2	4/25/1989	Adopts Ch. 2.77, smoking policy (2.77)
R-89-44	4/25/1989	Alcohol and drug abuse policy (Repealed by 99-03)
R-89-51	5/16/1989	Increases mental health, developmental disabilities, drug abuse revolving fund (Special)
R-89-56	5/23/1989	Road vacation (Special)
R-89-52	5/16/1989	Changes custodian of civil service petty cash (Special)
R-89-58	5/23/1989	Regulates employee and public parking on certain county properties (10.06)
O-89-3	5/30/1989	Amends § 16.04.020, subdivisions (16.04)
R-89-65	6/20/1989	Establishes revenue account for traffic enforcement purposes (Special)
R-89-67	6/27/1989	Adopts six-year transportation improvement program (Special)
R-89-79	8/1/1989	Fairground debt service fund No. 2 (Special)
O-89-4	8/15/1989	Floodplain damage prevention code (14.08)
O-89-5	8/22/1989	Road improvement district No. 1 (Special)
O-89-Z1	9/12/1989	Rezone
O-89-6	9/26/1989	Admissions tax (3.22)
O-89-7	10/17/1989	Property tax refunds (3.40)
O-89-8	10/17/1989	Amends § 10.12.010, yield signs (10.12)
O-89-11	10/17/1989	Rezone
O-89-12	12/12/1989	Processing fees for current use land classification applications (4.08)
R-89-133	12/26/1989	Closes alcoholism fund (Special)



O-90-1	1/9/1990	Amends § § 2 and 3 of Ord. 89-6, admissions tax (3.22)
R-90-9	1/23/1990	Establishes revenue account for traffic enforcement (Special)
O-90-2	1/30/1990	Amends § 10.12.010, stop intersections (10.12)
O-90-3	1/30/1990	Rezone
O-90-4	2/20/1990	Amends § 10.12.010, stop intersections (10.12)
O-90-4A	2/27/1990	Amends § 10.08.010, speed limits (10.08)
O-90-5	3/20/1990	Amends § 16.04.010, subdivisions (16.04)
O-90-6	3/20/1990	Zoning
O-90-7	5/15/1990	Amends § 1.08.010, commissioner districts (1.08)
O-90-8	5/15/1990	Off-road vehicles (10.36)
O-90-9	6/12/1990	Rezone
O-90-10	8/7/1990	Zoning
O-90-11	8/7/1990	Zoning
R-90-71	7/17/1990	Adopts six-year transportation improvement program (Special)
O-90-12	8/7/1990	Rezone
O-90-13	8/7/1990	Rezone
O-90-14	8/14/1990	Amends § 14 of Ord. 89-6, admissions tax (3.22)
O-90-15	8/14/1990	Zoning
O-90-16	8/21/1990	Fire resistant/retardant standards for roof coverings (14.12)
O-90-17	10/9/1990	Number not used
R-90-90	10/9/1990	Approves preliminary plat (Special)
O-90-18	10/16/1990	Amends § 3 of comprehensive plan (17.74)
O-90-19	10/16/1990	Right to farm for protection of agricultural activities (17.74)
O-90-20	10/23/1990	Rezone
O-90-21	10/23/1990	Rezone
R-90-113	11/13/1990	Washington Governmental Entity Pool Membership (Repealed by 99-03)
O-91-1	4/30/1991	Amends § 10.08.010, speed limits (10.08)
O-91-2	5/7/1991	Amends § 10.07.010, no parking (10.07)
O-91-3	8/6/1991	Rezone
O-91-4	8/6/1991	Zoning
O-91-5	10/29/1991	Amends § 10.08.010, speed limits (10.08)
O-91-6	11/19/1991	Hot spot hunts under supervision of Department of Wildlife (9.21)
R-91-103	8/6/1991	Fee schedule for changes in zoning classification (Not codified)
R-91-104	8/6/1991	Fee schedule for subdividing land and filing plats (Not codified)
O-91-7	12/31/1991	Amends § 12.10.060, removes Shale Pit Road from Class O (Repealed by O-94-18)
O-92-1	2/4/1992	Zoning
O-92-2	2/11/1992	Rezone
O-92-3	2/11/1992	Amends §§ 16.04.010, 16.04.020, and 16.08.185, subdivisions (16.04, 16.08)
O-92-4	3/3/1992	Zoning
O-92-5	3/3/1992	Rezone
O-92-6	3/3/1992	Zoning
O-92-7	3/3/1992	Weight restriction on Bullfrog Bridge (Special)
O-92-8	3/31/1992	Enhanced 911 excise tax (3.44)
O-92-9	4/21/1992	Adopts 1993 assessment rates for noxious weed control board (Special)
O-92-10	4/28/1992	Amends Ch. 10.28, seasonal weight restrictions on county roads (10.28)
O-92-11	5/5/1992	Amends § § 16.04.010 and 16.04.020, subdivisions (16.04)
O-92-12	6/9/1992	Amends § 10.12.010(1) and (2), stop and yield intersections (10.12)
O-92-13	6/30/1992	Adds Ch. 9.30, discharge of fireworks (9.30)
O-92-14	6/30/1992	Adds Ch. 10.37, off-road and nonhighway vehicles (10.37)
O-92-15	8/11/1992	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-92-16	8/18/1992	Restrictions against shooting in gravel pit sites (Repealed by 99-09)
O-92-17	8/18/1992	Amends Ch. 5.20, outdoor music festivals (5.20)
O-92-18	9/1/1992	Regulating and licensing activities on the county fairgrounds (5.28)
O-92-19	9/29/1992	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-92-20	10/20/1992	(Number not used)
O-92-21	10/20/1992	Amends § 10.08.020, speed limits (10.08)
O-92-22	10/27/1992	Amends § 10.07.010, deletes § 10.07.030(b) and adds § 10.07.040, parking restrictions (10.07)
O-92-23	11/24/1992	Amends § 10.07.020, parking restrictions (10.07)
O-92-24	12/1/1992	Amends Title 19, airport standards (19.04)
O-92-25	12/1/1992	Amends §§ 10.36.010, 10.36.020, 10.36.030, 10.36.040, off-road vehicles (10.36)
O-92-26	12/1/1992	Amends §§ 12.10.030 and 12.10.060, road classifications (Repealed by O-94-18)
O-92-27	12/15/1992	(Number not used)
O-92-28	12/15/1992	(Number not used)
O-92-29	12/15/1992	Amends § 14.04.010, building codes (14.04)
O-92-30	12/29/1992	Amends Ch. 12.20, utilities on county road right-of-way (12.80)
O-92-31	12/29/1992	Amends § 10.07.020, parking restrictions (10.07)
O-93-1	1/12/1993	Zoning
O-93-2	1/19/1993	Rezone
O-93-3	1/19/1993	Rezone
O-93-4	3/23/1993	Amends Ch. 14.04, building code (14.04)
O-93-5	4/13/1993	Boating safety (9.10)
O-93-6	5/4/1993	Zoning
R-93-70	5/25/1993	Amends preliminary plat (Special)
O-93-7	5/25/1993	Amends § 10.12.010(1) and (2), stop and yield intersections (10.12)
O-93-8	5/25/1993	Rezone
O-93-9	6/1/1993	Amends § 10.12.010(1) and (2), stop and yield intersections (10.12)
O-93-10	6/29/1993	Rezone
O-93-11	6/29/1993	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-93-12	7/13/1993	Changes public road names (Not codified)
O-93-13	8/31/1993	Amends § 10.08.010, speed limits (10.08)
O-93-14	9/14/1993	Amends § 10.08.020, speed limits (10.08)
O-93-15	9/28/1993	Rezone
O-93-16	12/7/1993	Amends §§ 10.07.030 and 10.12.010, stop and yield intersections (10.07, 10.12)
O-93-17	12/7/1993	Adds §§ 4.16 and 12.60, vacation of county roads (4.16, 12.08)
O-93-18	12/7/1993	Amends Ch. 14.08, flood damage prevention (14.08)
O-93-19	12/14/1993	Amends Ch. 15.04, SEPA regulations (15.04)
O-93-20	12/21/1993	Changes names of public roads (Not codified)
O-93-21	12/28/1993	Zoning
O-93-22	12/28/1993	Amends §§ 1.08.010, 1.08.047 and 1.08.130, commissioner districts (1.08)
O-94-1	1/4/1994	Adds Ch. 17.57, commercial forest zoning district (17.57)
O-94-2	1/18/1994	Rezone
O-94-3	1/25/1994	Rezone
O-94-4	3/15/1994	Amends Ord. 93-20, changes names of public roads (Not codified)
O-94-5	3/22/1994	Amends § 10.07.020, no parking (10.07)
O-94-6	3/29/1994	Amends § 10.08.020, speed limits (10.08)
O-94-7	3/29/1994	Amends § 10.12.010, stop and yield intersections (10.12)
O-94-8	4/4/1994	Repeals and replaces Ch. 5.16, house and building moves (5.16)
O-94-9	4/26/1994	Rezone
O-94-10	5/3/1994	Excise tax on radio access lines (3.44)
O-94-11	5/10/1994	Amends § 10.07.010, no parking areas (10.07)
O-94-12	5/10/1994	Repeals §§ 9.30.010 and 9.30.020; renumbers § 9.30.030 to 9.30.060; adds new §§ 9.30.010, 9.30.020, 9.30.030, 9.30.040, and 9.30.050, fireworks (9.30)
O-94-13	5/10/1994	Rezone
O-94-14	5/17/1994	Amends §§ 14.04.060 and 14.04.070, fee rates (14.04)
O-94-15	6/13/1994	Rezone
O-94-16	7/5/1994	Exempts county from prohibitions of RCW 9.41.050(4) (9.40)
O-94-17	8/2/1994	Burn bans (15.08)
O-94-18	8/2/1994	Repeals and replaces Ch. 12.10; renumbers Ch. 12.20 to be 12.80 and adds new Ch. 12.20; renumbers Ch. 12.40 to be 12.50 and adds new Ch. 12.40, road standards (12.10, 12.20, 12.40, 12.50, 12.80)
O-94-19	8/9/1994	Adds new section to Ch. 10.08, speed limits (10.08)
O-94-20	8/9/1994	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-94-21	8/9/1994	Adds Ch. 8.20, depositing garbage in designated places; and repeals Ch. 9.08 (8.20)
O-94-22	8/12/1994	Critical areas (17A.01, 17A.02, 17A.03, 17A.04, 17A.05, 17A.06, 17A.07, 17A.08)
O-94-23	8/30/1994	Amends § 10.07.020, no parking areas (10.07)
O-94-24	9/13/1994	Rezone
O-94-25	9/13/1994	Adds Title 18, code enforcement (18.01, 18.02, 18.03, 18.04, 18.05, 18.06)
O-94-26	9/27/1994	Amends § 10.12.010, stop and yield intersections (10.12)
O-94-27	10/4/1994	Renumbers §§ 12.32 and 12.36 to be 12.05 and 12.06; adds new §§ 12.30 and 12.90, road standards (12.05, 12.06, 12.30, 12.90)
O-94-28	10/18/1994	Rezone
O-94-29	10/25/1994	Amends § 10.32.010, snowmobiles (10.32)
O-94-30	10/25/1994	Amends § 10.07.020, no parking areas (10.07)
O-94-31	10/25/1994	Amends § 10.08.010, speed limits (10.08)
O-94-32	11/15/1994	Repeals §§ 12.08 and 12.52; adds new Ch. 12.50 [12.51]; renumbers Ch. 12.60 to be 12.08 and adds new Ch. 12.60, road standards (12.08, 12.51, 12.60)
O-94-33	11/22/1994	Number not used
O-94-34	11/22/1994	Amends § 10.08.020, speed limits (10.08)
O-94-35	12/13/1994	Rezone
O-94-36	12/13/1994	Amends § 10.32.010, snowmobiles (10.32)
O-94-37	12/20/1994	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-95-1	1/4/1995	Adds § 10.07.050, no parking areas (10.07)
O-95-2	1/24/1995	Adds Ch. 12.70, storm water management standards and guidelines (12.70)
O-95-3	2/7/1995	Amends § 10.08.020, speed limits (10.08)
O-95-4	5/30/1995	Adds Ch. 9.50, parks (9.50)
O-95-5	6/13/1995	Amends § 13.12.105, solid waste disposal sites (13.12)
O-95-6	6/27/1995	Amends Ch. 9.30, fireworks (9.30)
O-95-7	7/18/1995	Amends § 14.04.010, building code (14.04)
O-95-8	7/25/1995	Zoning
O-95-9	8/1/1995	Adds § 9.30.090, fireworks (9.30)
O-95-10	8/15/1995	Rezone
O-95-11(A)	9/12/1995	Amends §§ 10.08.020 and 10.08.030, speed limits (10.08)
O-95-11(B)	9/12/1995	Amends § 10.12.010(1) and (2), stop and yield intersections (10.12)
O-95-12	9/12/1995	Amends §§ 10.08.010 and 10.08.020, speed limits (10.08)
O-95-13	9/15/1995	Adds Ch. 17A.55, agricultural zones, amends § 17.29.040 and repeals § 17.29.100 (17.29)
O-95-14	10/10/1995	Adds Ch. 9.45, noise (9.45)
O-95-15	10/10/1995	Amends §§ 17A.02.250, 17A.02.300, 17A.02.310, 17A.03.015, 17A.03.020, 17A.03.025, 17A.04.010, 17A.04.020, 17A.04.040, 17A.04.050 and 17A.07.010, critical areas (17A.02, 17A.03, 17A.04, 17A.07)
O-95-16	11/28/1995	Adds § 3.04.060, sales or use tax - detention and jail (3.04)
O-95-17	11/28/1995	Adds § 3.04.070, sales or use tax - criminal justice (3.04)
O-96-1	3/5/1996	Zoning
O-96-2	4/2/1996	Amends § 2.08.050, justice court (2.08)
O-96-3	4/16/1996	Amends §§ 19.04.260, 19.04.270, 19.04.280, 19.04.290, 19.04.300, 19.04.310, 19.04.325, 19.04.340, and 19.04.360, airports (19.04)
O-96-4	5/21/1996	Rezone
O-96-5	5/21/1996	Zoning
O-96-6	5/21/1996	Zoning
O-96-7	5/28/1996	Amends § 10.08.020, speed limits (10.08)
O-96-8	6/11/1996	Adds §§ 12.20.080(B)(11), 12.20.080(F) and 12.20.065; amends §§ 12.20.080(B)(1) and (8), and 12.30.010(C)(1), roadway classification and design criteria (12.20, 12.30)
O-96-9	6/17/1996	Private property taking impact analyses (1.24)
O-96-10	7/26/1996	Adopts comprehensive plan; amends §§ 17A.55.030 and 17A.55.040, critical areas (Repealed by 98-13)
O-96-11	8/20/1996	Amends § 10.08.020, speed limits (10.08)
O-96-12	8/21/1996	Private property owners' bill of rights (1.26)
O-96-13	8/21/1996	Amends § 10.08.020, speed limits (10.08)
O-96-14	9/4/1996	Amends §§ 17A.02.300, 17A.03.015, 17A.04.020, 17A.04.050 and 17A.07.010, critical areas (17A.02, 17A.03, 17A.04, 17A.07)
O-96-15	9/10/1996	Adds Ch. 17.31, commercial agriculture zone; amends §§ 17.29.040, zoning, and 17A.55.030, critical areas (17.29, 17.31)
O-96-16	10/22/1996	Adds § 10.07.060, no parking areas (10.07)
O-96-17	10/29/1996	Adds Ch. 1.28, coordinating government regulation of land and natural resources use (1.28)
O-96-18	11/19/1996	Rezone (Special)
O-96-19	12/3/1996	Adds Title 15A, project permit application process; amends §§ 15.04.060, 15.04.070, 15.04.120, 15.04.200, 15.04.210, 16.12.120, 16.12.130, 16.12.140, 16.12.180, 16.12.200, 16.12.210, 16.12.220, 16.12.230, 16.20.010, 16.32.060, 16.32.070, 17.04.020, 17.16.020, 17.18.020, 17.20.020, 17.22.020, 17.28.020, 17.28.040, 17.29.050, 17.30.020, 17.32.020, 17.36.040, 17.36.050, 17.40.020, 17.44.020, 17.48.020, 17.52.050, 17.56.020, 17.56.060, 17.57.020, 17.59.020, 17.59.030, 17.60.030, 17.60.060, 17.84.010, 17.96.070, 17.96.080, 17.96.090, 17.96.100, 17.96.110, 17.96.130, 17.96.140 and 17.98.020; repeals §§ 17.04.030, 17.20.070, 17.60.050 and 17.60.070 (15.04, Title 15A, 16.12, 16.20, 16.32, 17.04, 17.16, 17.18, 17.20, 17.22, 17.28, 17.29, 17.30, 17.32, 17.36, 17.40, 17.44, 17.48, 17.52, 17.56, 17.57, 17.59, 17.60, 17.84, 17.96, 17.98)
O-96-20	12/11/1996	Amends comprehensive plan (Special)
O-96-21	12/23/1996	Adds § 10.08.045, speed limits; amends §§ 10.07.010, no parking areas, and 10.12.010, stop and yield streets (10.07, 10.08, 10.12)
O-96-22	12/31/1996	Amends § 12.30.010, driveways, accesses, walks and trails (12.30)
O-97-01	1/14/1997	Amends § 10.07.020, winter parking areas (10.07)
O-97-02	2/18/1997	Amends comprehensive plan (Special)
O-97-03	4/1/1997	Amends Ch. 2.10, board of health (2.10)
O-97-04	4/1/1997	Adds § 10.12.011, stop or yield signs at railroad crossings (10.12)
O-97-05	4/8/1997	Amends §§ 15A.01.040, 15A.11.010, 15A.11.020 and 15A.11.030, project permit application process (Title 15A)
O-97-06	5/13/1997	Amends § 10.08.010, speed limits (10.08)
O-97-07	5/13/1997	Amends § 10.08.020, speed limits (10.08)
O-97-08	5/13/1997	Amends § 10.12.010, stop and yield signs (10.12)
O-97-09	6/10/1997	Adds Ch. 10.05, emergency routes (10.05)
O-97-10	6/23/1997	Amends § 15.04.090, SEPA regulations (15.04)
O-97-11	7/1/1997	Amends § 10.32.010, snowmobiles (10.32)
O-97-12	7/8/1997	Amends comprehensive plan (Special)
O-97-13	7/22/1997	Amends comprehensive plan (Special)
O-97-14	8/12/1997	Amends § 10.12.010, stop and yield signs (10.12)
O-97-15	11/18/1997	Amends § 10.08.020, speed limits (10.08)
O-97-16	11/18/1997	Amends § 10.12.010, stop and yield signs (10.12)
O-97-17	11/25/1997	Forest lands of long-term commercial significance (Special)
O-97-18	12/9/1997	Amends § 10.12.010, stop and yield signs (10.12)
O-97-19	12/23/1997	Amends § 10.32.010, snowmobiles (10.32)
O-97-20	12/30/1997	Amends comprehensive plan (Special)
O-97-21	12/30/1997	Amends § 12.20.040 (12.20)
O-98-01	1/6/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-02	1/6/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-03	1/6/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-04	3/17/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-05	3/17/1998	Amends § 10.08.010, speed limits (10.08)
O-98-06	4/14/1998	Amends § 10.07.010, no parking areas (10.07)
O-98-07	4/21/1998	Adds § 10.07.025, no overnight parking areas (10.07)
O-98-08	5/19/1998	Amends comprehensive plan (Special)
O-98-09	6/2/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-10	6/23/1998	Adds Title 15B, amendments to county plans, codes and standards; amends Chapter 15.04, SEPA, and Title 15A, project permit application process (15.04, 15A.01, 15A.02, 15A.03, 15A.04, 15A.05, 15A.06, 15A.07, 15A.08, 15A.09, 15A.10, 15A.11, 15A.12, 15B.01, 15B.02, 15B.03, 15B.04, 15B.05)
O-98-11	6/30/1998	Amends § 10.12.010, stop and yield signs (10.12)
O-98-12	6/30/1998	Amends § 10.07.010, no parking areas (10.07)
O-98-13	7/2/1998	Amends comprehensive plan; repeals Ch. 17A.55, CAZ and CAZO zones (Repealed)
O-98-14	7/14/1998	Rezone (Special)
O-98-15	7/14/1998	Rezone (Special)
O-98-16	7/21/1998	Amends § 12.20.030(d), primitive road system (12.20)
O-98-17	7/28/1998	Adds Ch. 17.61, utilities (17.61)
O-98-18	8/6/1998	Amends comprehensive plan (Special)
O-98-19	8/6/1998	Amends designation of stock restricted areas (Special)
O-98-20	8/15/1998	Amends comprehensive plan (Special)
O-98-21	9/22/1998	Amends Ch. 17.61, utilities (Repealed by 99-14)
O-98-22	11/10/1998	Amends §§ 17.08.398 and 17.08.399; adds §§ 17.08.167, 17.08.196, 17.08.391, 17.08.441, 17.08.465 and 17.08.490, zoning (17.08)
O-98-23	12/8/1998	Amends § 5.16.030 and Ch. 14.04, uniform codes (5.16, 14.04)
O-98-24	12/22/1998	Amends comprehensive plan (Special)
O-99-01	1/5/1999	Rezone (Special)
O-99-02	1/19/1999	Amends §§ 10.07.010, 10.12.010 and 12.20.030, roads (10.07, 10.12, 12.20)
O-99-03	2/9/1999	Amends Title 2 (2.04, 2.08, 2.10, 2.12, 2.14, 2.16, 2.20, 2.24, 2.44, 2.48, 2.50, 2.52, 2.56, 2.68, 2.72, 2.77)
O-99-04	2/09/1999	Amends Title 3 (3.02, 3.04, 3.08, 3.09, 3.14, 3.16, 3.20, 3.24, 3.28, 3.32, 3.40, 3.44)
O-99-05	2/9/1999	Amends Title 4 (4.04, 4.08, 4.12, 4.16)
O-99-06	2/9/1999	Amends Title 5 (5.04, 5.16, 5.20, 5.28)
O-99-07	2/9/1999	Repeals Title 6 (Repealed)
O-99-08	2/9/1999	Amends Title 8 (8.04, 8.08, 8.12, 8.20)
O-99-09	2/9/1999	Amends Title 9 (9.10, 9.12, 9.16, 9.17, 9.18, 9.20, 9.21, 9.30, 9.40, 9.45, 9.50)
O-99-10	2/23/1999	Rezone (Special)
O-99-11	3/16/1999	Amends comprehensive plan (Special)
O-99-12	4/20/1999	Amends § 2.04.010, board meeting time (2.04)
O-99-13	7/6/1999	Amends zoning map (Special)
O-99-14	8/3/1999	Repeals Ord. 98-21, utilities (17.61)
O-99-15	8/31/1999	Changes names of public roads (Not codified)
O-99-16	12/28/1999	Amends comprehensive plan (Special)

O-2000-01	1/13/2000	Rezone (Special)
O-2000-02	1/18/2000	Amends Ch. 2.10, §§ 2.16.050, 2.50.050, 2.72.030 and 2.72.040, administration and personnel (2.10, 2.16, 2.50, 2.72)
O-2000-03	1/18/2000	Amends § 5.16.030, building move permit (5.16)
O-2000-04	2/15/2000	Amends § 10.32.010, snowmobiles (10.32)
O-2000-05	2/15/2000	Amends § 10.12.010, stop and yield signs (10.12)
O-2000-06	4/4/2000	Amends Ch. 17.61, utilities (17.61)
O-2000-07	4/4/2000	Amends Title 15A, project permit application process (15A.01, 15A.02, 15A.03, 15A.04, 15A.05, 15A.06, 15A.07, 15A.08, 15A.09, 15A.10, 15A.11, 15A.12)
O-2000-08	5/16/2000	Amends Ch. 2.10, board of health (2.10)
O-2000-09	6/6/2000	Amends comprehensive plan (Special)
O-2000-10	7/11/2000	Rezone (Special)
O-2000-11	7/11/2000	Rezone (Special)
O-2000-12	10/10/2000	Adds Mountain Star MPR to subarea plan (Special)
O-2000-13	10/10/2000	Adds Ch. 17.37; amends § 17.12.010; zoning (17.12, 17.37)
O-2000-14	10/10/2000	Rezone (Special)
O-2000-15	10/10/2000	Approves MPR project application (Special)
O-2000-16	10/10/2000	Development agreement (Special)
O-2000-17	10/10/2000	Mountain Star MPR (Special)
O-2000-18	10/17/2000	Amends zoning map (Special)
O-2000-19	10/17/2000	Amends zoning map (Special)
O-2000-20	10/31/2000	Amends § 10.07.010, no parking areas (10.07)
O-2001-01	1/9/2001	Amends zoning atlas (Special)
O-2001-02	1/9/2001	Amends zoning atlas (Special)
O-2001-03	3/27/2001	Amends Ch. 14.08, flood damage prevention (14.08)
O-2001-04	5/1/2001	Amends zoning atlas (Special)
O-2001-05	5/15/2001	Repeals Ch. 3.22, admissions tax (Repealed)
O-2001-06	6/5/2001	Amends zoning atlas (Special)
O-2001-07	6/19/2001	Amends comprehensive plan (Special)
O-2001-08	7/9/2001	Ag-lands remand; amends comprehensive plan and zoning map (Special)
O-2001-09	7/17/2001	Amends zoning atlas (Special)
O-2001-10	7/17/2001	Amends Ch. 17.58, airport zone (17.58)
O-2001-11	8/7/2001	Adds Ch. 9.60, weapons free areas (9.60)
O-2001-12	8/7/2001	Amends Ch. 17.61, utilities (17.61)
O-2001-13	8/7/2001	Adds § 17.08.261; amends §§ 17.29.030 and 17.56.030, firing ranges (17.08, 17.29, 17.56)
O-2001-14	9/4/2001	Amends O-2000-15 and O-2000-16 (Special)
O-2001-15	9/4/2001	Amends zoning atlas (Special)
O-2001-16	10/2/2001	Amends zoning atlas (Special)
O-2001-17	10/2/2001	Planned unit development and preliminary plat approval; amends zoning atlas (Special)
O-2001-18	10/16/2001	Rezone (Special)
O-2001-19	11/6/2001	Rezone; amends zoning atlas (Special)
O-2001-20	11/20/2001	Amends § 10.08.040, speed limits (10.08)
O-2001-21	12/4/2001	Amends zoning atlas (Special)
O-2001-22	12/28/2001	Amends comprehensive plan (Special)
O-2002-01	2/19/2002	Amends comprehensive plan (Special)
O-2002-02	2/19/2002	Amends comprehensive plan (Special)
O-2002-03	3/5/2002	Adds Ch. 17.62, public facilities permits (17.62)
O-2002-04	3/5/2002	Amends § 1.08.080, Ellensburg voting precincts (1.08)
O-2002-05	4/29/2002	Amends comprehensive plan (Special)
O-2002-06	5/7/2002	Adopts six-year capital facility program and six-year transportation improvement plan (Special)
O-2002-07	5/7/2002	Amends § 1.08.010, commissioner district boundaries (1.08)
O-2002-08	7/30/2002	Amends Ch. 15.08, burn bans (15.08)
O-2002-09	9/3/2002	Rezone (Special)
O-2002-10	9/3/2002	Amends § 10.12.010, stop signs (10.12)
O-2002-11	9/3/2002	Amends § 10.12.010, stop signs (10.12)
O-2002-12	10/8/2002	Amends § 10.08.040, school safety zone speed limits (10.08)
O-2002-13	10/8/2002	Wind farm development moratorium (Special)
O-2002-14	10/29/2002	Adds § 3.44.160; amends §§ 3.44.100 - 3.44.150, radio access line excise tax (3.44)
O-2002-15	11/5/2002	Amends § 10.32.010, snowmobiles (10.32)
O-2002-16	11/5/2002	PUD amendment (Special)
O-2002-17	11/12/2002	Building permit moratorium (Special)
O-2002-18	11/19/2002	Amends zoning atlas (Special)
O-2002-19	12/3/2002	Adds Ch. 17.61A; amends § 17.61.020(D), wind farms (17.61, 17.61A)
O-2002-20	12/3/2002	Rescinds wind farm development moratorium (Special)
O-2002-21	12/17/2002	Amends § 10.08.010, speed limits (10.08)
O-2002-22	12/17/2002	Amends § 10.32.030, snowmobiles (10.32)
O-2002-23	12/19/2002	Amends comprehensive plan (Special)
O-2003-01	1/7/2003	Rezone Z-02-02; amends zoning atlas (Special)
O-2003-02	3/18/2003	Rezone A-01-03; amends zoning atlas (Special)
O-2003-03	5/6/2003	Adopting of the 6-year Capital Facility Program (Special)
O-2003-04	5/12/2003	Building permit moratorium (Special)
O-2003-05	5/20/2003	Rezone; amends zoning atlas (Special)
O-2003-06	6/12/2003	Extension of building permit moratorium (Special)
O-2003-07	6/14/2003	Rezone; amends zoning atlas (Special)
O-2003-08	6/17/2003	Amends § 9.10.030, boating prohibition (9.10)
O-2003-09	7/15/2003	Rezone Z-03-04; amends zoning atlas (Special)
O-2003-10	8/5/2003	Rezone; amends zoning atlas (Special)
O-2003-11	8/19/2003	Amends § 10.12.010, stop signs (10.12)
O-2003-12	8/19/2003	Rezone Z-03-05; amends zoning atlas (Special)
O-2003-13	9/2/2003	Approves transfer of MountainStar to MRD (Special)
O-2003-14	9/2/2003	Changes names of public roads (not codified)
O-2003-15	9/2/2003	Changes names of public roads (not codified)
O-2003-16	9/16/2003	Rezone Z-03-07; amends zoning atlas (Special)
O-2003-17	11/4/2003	Rezone Z-03-07 correction; amends zoning atlas (Special)
O-2003-18	12/16/2003	Amends comprehensive plan (Special)
O-2003-19	12/16/2003	Amends § 10.08.020, speed limits (10.08)
O-2003-20	12/16/2003	Amends § 10.08.010, speed limits (10.08)
O-2003-21	12/16/2003	Amends § 10.12.010, stop signs (10.12)
O-2004-01	1/20/2004	Rezone; amends zoning atlas (Special)
O-2004-02	2/3/2004	Amends § 10.07.030(1), school areas, bus stops (10.07)
O-2004-03	2/3/2004	Amends § 10-32-010, roads open for snowmobile use (10.32)
O-2004-04	2/3/2004	Changes name of public road (not codified)
O-2004-05	2/3/2004	Amends § 10-12-010(1), stop signs
O-2004-06	2/3/2004	Amends § 10-08-010, speed limits (10.08)
O-2004-07	3/16/2004	Rezone; amends zoning atlas (Special)
O-2004-08	3/16/2004	Rezone; amends zoning atlas (Special)
O-2004-09	3/16/2004	Adopting of the 6-year Capital Facility Program (Special)
O-2004-10	4/20/2004	Rezone; amends zoning atlas (Special)
O-2004-11	5/4/2004	Rezone; amends zoning atlas (Special)
O-2004-12	5/4/2004	Rezone; amends zoning atlas (Special)
O-2004-13	6/1/2004	Adds §§ 12.01, 12.02, 12.08, 12.12; Renumbers §§ 12.20 to 12.03, 12.30 to 12.05, 12.05 to 12.20, 12.70 to 12.06, 12.06 to 12.21, 12.60 to 12.07, 12.08 to 12.22, 12.90 to 12.09, 12.51 to 12.11, 12.12 to 12.23, 12.16 to 12.24, 12.24 to 12.25; Deletes §§ 12.10, 12.30, 12.40 (12)
O-2004-14	6/2/2004	Rezone; amends zoning atlas (Special)
O-2004-15	6/2/2004	Rezone; amends zoning atlas (Special)
O-2004-16	6/2/2004	Rezone; amends zoning atlas (Special)
O-2004-17	3/16/2004	Amends § 10.12.010(2), yield signs (10.12)
O-2004-18	6/15/2004	Amends Ch. 14.04, building codes (14.04)
O-2004-19	6/15/2004	Amends § 10.12.010, stop and yields; amends § 12.03.030, rural major collector (10.12, 12.03)
O-2004-20	7/6/2004	Rezone; amends zoning atlas (Special)
O-2004-21	7/20/2004	Rezone; amends zoning atlas (Special)
O-2004-22	7/20/2004	Rezone; amends zoning atlas (Special)
O-2004-23	8/2/2004	Rescinds O-92-4 weight restriction on Bullfrog Bridge (Special)
O-2004-24	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-25	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-26	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-27	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-28	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-29	8/17/2004	Rezone; amends zoning atlas (Special)
O-2004-30	8/17/2004	Amends § 10.12.010, stop signs (10.12)
O-2004-31	9/7/2004	Amends § 2.04.010, Board of County Commissioner's official meeting time (2.04)
O-2004-32	9/7/2004	Rezone; amends zoning atlas (Special)
O-2004-33	9/7/2004	Rezone Z-04-18; amends zoning atlas (Special)
O-2004-34	9/7/2004	Amends § 10.08.010, speed limits (10.08)
O-2004-35	9/7/2004	Amends § 10.12.010, stop signs (10.12)
O-2004-36	9/21/2004	Amends § 10.12.010, stop signs (10.12)
O-2004-37	9/21/2004	Amends § 10.08.010, speed limits (10.08)
O-2004-38	10/19/2004	Rezone Z-04-13; amends zoning atlas (Special)
O-2004-39	10/19/2004	Amends § 10.12.010, stop and yield signs (10.12)
O-2004-40	10/19/2004	Amends § 10.12.010, stop and yield signs (10.12)
O-2004-41	11/16/2004	Rezone Z-2004-15; amends zoning atlas (Special)
O-2004-42	11/16/2004	Rezone Z-2004-16; amends zoning atlas (Special)
O-2004-43	12/21/2004	Rezone Z-2004-21; amends zoning atlas (Special)
O-2004-44	12/21/2004	Amends comprehensive plan (Special)
O-2004-45	12/21/2004	Replaces Ch. 3.14, timber harvesters excise tax (3.14)
O-2005-01	01/18/2005	Rezone; amends zoning atlas (Special)
O-2005-02	01/18/2005	Rezone; amends zoning atlas (Special)
O-2005-03	01/18/2005	Amends § 10.12.010, stop and yield signs (10.12)
O-2005-04	3/1/2005	Correction to zoning atlas (Special)
O-2005-05	3/1/2005	Adds § 17.28A, A-5 Agricultural zone; and 17.30A, R-5 Rural zone (17.28 and 17.30)
O-2005-06	3/1/2005	Rezone; amends zoning atlas (Special)
O-2005-07	3/1/2005	Amends § 10.12.010, stop and yield signs (10.12)
O-2005-08	3/4/2005	Amends comprehensive plan  for Wild Horse Wind Power Project (Special)
O-2005-09	3/4/2005	Wild Horse Wind Power Project rezone; amends zoning atlas (Special)
O-2005-10	3/4/2005	Wild Horse Wind Power Project development agreement (Special)
O-2005-11	3/4/2005	Wild Horse Wind Power Project development permit (Special)
O-2005-12	3/22/2005	Formation of Kittitas County Sewer District Number 8 (Special)
O-2005-13	4/19/2005	Amends § 10.12.010, stop and yield signs (10.12)
O-2005-14	4/16/2005	Pine Loch Sun Subdivision 1-3 replat (Special)
O-2005-15	4/19/2005	Adopting of the 6-year Capital Facility Program (Special)
O-2005-16	5/3/2005	Rezone Z-05-02; amends zoning atlas (Special)
O-2005-17	5/3/2005	Plat alteration P-05-02 (Special)
O-2005-18	5/17/2005	Rezone Summit Park; amends zoning atlas (Special)
O-2005-19	5/17/2005	Amends § 10.12.010, stop and yield signs (10.12)
O-2005-20	6/7/2005	Plat alteration P-05-08 (Special)
O-2005-21	6/21/2005	Amends §§ 1.08 and 2.08.010, voting precincts (1.08 and 2.08)
O-2005-22	6/21/2005	Amends § 10.12.010, stop and yield signs (10.12)
O-2005-23	7/5/2005	Rezone Z-05-04; amends zoning atlas (Special)
O-2005-24	7/5/2005	Rezone, Schumacher; amends zoning atlas (Special)
O-2005-25	7/5/2005	Amends § 10.12.010, stop signs (10.12)
O-2005-26	7/5/2005	Amends § 2.04.010, Official meeting times of the BOCC (2.04)
O-2005-27	7/19/2005	Amends § 8.04.010 Adoption by reference, § 8.08.010 Food handling establishment defined, § 8.08.030 Permit issuance, § 8.08.040 Fees, § 8.08.060 Violation - Penalty, and § 4.04.010 Established. Adds § 8.04.020 Penalty, and 8.04.030 Savings clause. (8.04, 8.08, and 4.04)
O-2005-28	7/19/2005	Amends § 10.08.020, speed limits (10.08)
O-2005-29	9/6/2005	Amends § 18.01.010, 18.01.040, 18.01.050, 18.02.010, 18.02.020, 18.04.010, 18.05.010, 18.05.020, 18.06.030; deletes 18.01.030; code enforcement (18)
O-2005-30	9/6/2005	Replaces Title 12, Road Standards. (12)
O-2005-31	9/6/2005	Replaces Title 16, Subdivision Code (16)
O-2005-32	9/6/2005	Rezone Z-05-09; amends zoning atlas (Special)
O-2005-33	9/20/2005	Amends § 10.08.020, speed limits (10.08)
O-2005-34	10/18/2005	Amends § 10.12.010, stop signs (10.12)
O-2005-35	11/2/2005	Adds chapter 16.09, performance based cluster platting and amends Title 17, zoning (16.09, 17)
O-2005-36	11/15/2005	Rezone; amends zoning atlas (Special)
O-2005-37	11/15/2005	Rezone; amends zoning atlas (Special)
O-2005-38	11/15/2005	Rezone Z-05-12; amends zoning atlas (Special)
O-2005-39	11/15/2005	Rezone Z-05-09; amends zoning atlas (Special)
O-2005-40	12/20/2005	Amends comprehensive plan (Special)
O-2006-01	1/17/2006	Amends Title 17, Zoning: § 17.08.022, 17.08.023, 17.08.500, 17.16.020, 17.16.120, 17.18.020, 17.18.025, 17.20.020, 17.20.110, 17.22.020, 17.22.100, 17.28.020, 17.28.130, 17.28A.020, 17.28A.130, 17.30.020, 17.30.030, 17.30A.020, 17.30A.030, 17.31.020, 17.31.030
O-2006-02	1/17/2006	Rezone Z-05-20; amends zoning atlas (Special)
O-2006-03	1/17/2006	Rezone Z-85-04; amends zoning atlas (Special)
O-2006-04	2/7/2006	Rezone Z-05-17; amends zoning atlas (Special)
O-2006-05	2/7/2006	Rezone Z-05-19; amends zoning atlas (Special)
O-2006-06	2/7/2006	Rezone Z-05-15; amends zoning atlas (Special)
O-2006-07	2/7/2006	Rezone Z-05-18; amends zoning atlas (Special)
O-2006-08	2/7/2006	Amends § 10.08.010, speed limits (10.08)
O-2006-09	2/21/2006	Rezone Z-05-08; amends zoning atlas (Special)
O-2006-10	2/21/2006	Rezone Z-2004-16; amends zoning atlas (Special)
O-2006-11	3/21/2006	MountainStar Phase 1, Division 1A Plat Alteration (P-06-01) (Special)
O-2006-12	3/21/2006	Rezone Z-05-21; amends zoning atlas (Special)
O-2006-13	3/21/2006	Rezone Z-05-13; amends zoning atlas (Special)
O-2006-14	3/21/2006	Rezone Z-05-01; amends zoning atlas (Special)
O-2006-15	3/21/2006	Rezone Z-05-14; amends zoning atlas (Special)
O-2006-16	3/27/2006	Adoption of the 6-year Capital Facility Program 2006-2011 (Special)
O-2006-17	4/18/2006	Rezone Z-05-26; amends zoning atlas (Special)
O-2006-18	4/18/2006	Rezone Z-05-30; amends zoning atlas (Special)
O-2006-19	4/18/2006	Rezone Z-05-23; amends zoning atlas (Special)
O-2006-20	4/18/2006	Rezone Z-05-24; amends zoning atlas (Special)
O-2006-21	4/18/2006	Rezone Z-05-25; amends zoning atlas (Special)
O-2006-22	5/2/2006	Rezone Z-05-29; amends zoning atlas (Special)
O-2006-23	5/8/2006	Amends § 10.12.010, stop signs (10.12)
O-2006-24	5/8/2006	Amends § 10.08.020, speed limits (10.08)
O-2006-25	5/16/2006	Rezone Z-05-10; amends zoning atlas (Special)
O-2006-26	5/16/2006	Rezone Z-05-33; amends zoning atlas (Special)
O-2006-27	6/6/2006	Rezone Z-05-31; amends zoning atlas (Special)
O-2006-28	6/6/2006	Rezone Z-05-32; amends zoning atlas (Special)
O-2006-29	7/18/2006	Rezone Z-05-28; amends zoning atlas (Special)
O-2006-30	7/18/2006	Rezone Z-06-02; amends zoning atlas (Special)
O-2006-31	7/18/2006	Rezone Z-06-03; amends zoning atlas (Special)
O-2006-32	7/18/2006	Rezone Z-06-04; amends zoning atlas (Special)
O-2006-33	7/18/2006	Rezone Z-05-16; amends zoning atlas (Special)
O-2006-34	7/18/2006	Rezone Z-05-34; amends zoning atlas (Special)
O-2006-35	7/18/2006	Rezone Z-06-01; amends zoning atlas (Special)
O-2006-36	8/16/2006	Amends § 16.09, Performance Based Cluster Platting
O-2006-37	9/5/2006	Amends Title 18, Code Enforcement
O-2006-38	9/5/2006	Rezone Z-06-06; amends zoning atlas (Special)
O-2006-39	9/19/2006	Rezone Z-06-09, Lyman/Coe; amends zoning atlas (Special)
O-2006-40	9/19/2006	Rezone Z-06-14, Grove; amends zoning atlas (Special)
O-2006-41	9/19/2006	Rezone Z-06-11, Vaughn; amends zoning atlas (Special)
O-2006-42	9/19/2006	Adds § 9.17.015 Gasoline-powered motor boats - prohibited (9.17)
O-2006-43	10/5/2006	Amends § 10.08.010, speed limits (10.08)
O-2006-44	10/5/2006	Amends § 2.50.030, Public Works Director qualifications and duties (2.50)
O-2006-45	10/5/2006	Amends §§ 10.08.010, 10.08.020, and 10.08.040, speed limits (10.08)
O-2006-46	10/17/2006	Rezone Z-06-18; amends zoning atlas (Special)
O-2006-47	10/17/2006	Rezone Z-06-24; amends zoning atlas (Special)
O-2006-48	10/17/2006	Rezone Z-06-16; amends zoning atlas (Special)
O-2006-49	11/7/2006	Rezone Z-06-05; amends zoning atlas (Special)
O-2006-50	11/7/2006	Amends §§ 10.08.010 speed limits and 10.12.010(1) stop and yields (10.08, 10.12)
O-2006-51	11/7/2006	Amends §§ 10.08.010 speed limits and 10.12.010(1) stop and yields (10.08, 10.12)
O-2006-52	11/7/2006	Amends §§ 10.08.010 and 10.08.020 speed limits, and 10.12.010(1) stop and yields (10.08, 10.12)
O-2006-53	11/21/2006	Rezone Z-06-22; amends zoning atlas (Special)
O-2006-54	11/21/2006	Rezone Z-06-26; amends zoning atlas (Special)
O-2006-55	11/21/2006	Rezone Z-06-19; amends zoning atlas (Special)
O-2006-56	11/21/2006	Rezone Z-06-20; amends zoning atlas (Special)
O-2006-57	11/21/2006	Rezone Z-06-23; amends zoning atlas (Special)
O-2006-58	12/5/2006	Rezone Z-06-08; amends zoning atlas (Special)
O-2006-59	12/5/2006	Rezone Z-06-27; amends zoning atlas (Special)
O-2006-60	12/5/2006	Rezone Z-06-25; amends zoning atlas (Special)
O-2006-61	12/5/2006	Rezone Z-06-21; amends zoning atlas (Special)
O-2006-62	12/5/2006	Amends §§ 10.08.010 speed limits and 10.12.010(1) stop and yields (10.08, 10.12)
O-2006-63	12/11/2006	Amends comprehensive plan (Special)
O-2007-01	1/2/2007	Rezone Z-06-12; amends zoning atlas (Special)
O-2007-02	1/2/2007	Rezone Z-06-10; amends zoning atlas (Special)
O-2007-03	1/2/2007	Rezone Z-06-34; amends zoning atlas (Special)
O-2007-04	1/2/2007	Rezone Z-06-37; amends zoning atlas (Special)
O-2007-05	1/16/2007	Rezone Z-06-31; amends zoning atlas (Special)
O-2007-06	2/6/2007	Rezone Z-06-15; amends zoning atlas (Special)
O-2007-07	2/6/2007	Rezone Z-06-32; amends zoning atlas (Special)
O-2007-08	3/6/2007	Rezone Z-06-43; amends zoning atlas (Special)
O-2007-09	3/6/2007	Rezone Z-06-47; amends zoning atlas (Special)
O-2007-10	3/20/2007	Rezone Z-06-49; amends zoning atlas (Special)
O-2007-11	3/20/2007	Rezone Z-06-17; amends zoning atlas (Special)
O-2007-12	3/20/2007	Rezone Z-06-38; amends zoning atlas (Special)
O-2007-13	4/3/2007	Rezone Z-06-17; amends zoning atlas (Special)
O-2007-14	4/17/2007	Amends § 10.08.040, speed limits (10.08)
O-2007-15	5/15/2007	Amends § 10.08.020, speed limits (10.08)
O-2007-16	6/5/2007	Rezone Z-06-58; amends zoning atlas (Special)
O-2007-17	6/5/2007	Rezone Z-06-28; amends zoning atlas (Special)
O-2007-18	6/5/2007	Rezone Z-06-29; amends zoning atlas (Special)
O-2007-19	6/19/2007	Amends chapter 14.04 building codes (14.04)
O-2007-20	6/19/2007	Rezone Z-06-51; amends zoning atlas (Special)
O-2007-21	7/3/2007	Rezone Z-06-57; amends zoning atlas (Special)
O-2007-22	7/19/2007	Amends chapters 16.06, performance based cluster platting; and 14.08 flood damage prevention. Amends titles 15A, project permit application process; and 17, zoning code. (14.08, 15a, 16.06, 17)
O-2007-23	7/30/2007	Adds chapter 3.05, distressed county sales and use tax (3.05)
O-2007-24	8/21/2007	Amends § 10.07.010, no parking areas designated (10.07)
O-2007-25	8/21/2007	Rezone Z-06-50; amends zoning atlas (Special)
O-2007-26	8/21/2007	Rezone Z-07-01; amends zoning atlas (Special)
O-2007-27	8/21/2007	Rezone Z-06-55; amends zoning atlas (Special)
O-2007-28	9/6/2007	Rezone Z-07-06; amends zoning atlas (Special)
O-2007-29	9/18/2007	Amends Title 14, Buildings and Construction (14.04.010, 14.04.020, 14.04.030, 14.04.040, 14.04.050, 14.12.010, 14.12.020, 14.12.030, 14.12.040, 14.12.050, 14.12.060, 14.12.070, 14.12.080, 14.12.100)
O-2007-30	9/18/2007	Rezone Z-06-52; amends zoning atlas (Special)
O-2007-31	10/2/2007	Amends §§ 10.08.010, 10.08.020, 10.08.025, and 10.08.030, speed limits  (10.08)
O-2007-32	10/2/2007	Amends § 10.12.010, stop signs (10.12)
O-2007-33	10/2/2007	Amends §§ 10.08.010 and 10.08.020, 10.08.025, speed limits  (10.08)
O-2007-34	12/4/2007	Amends chapter 14.08 (14.08)
O-2007-35	12/4/2007	Amends chapter 2.04 (2.04)
O-2007-36	12/18/2007	Adds chapter 3.06, criminal justice and public safety sales and use tax (3.06)
O-2007-37	12/18/2007	Adds chapter 2.11, hearing examiner, and amends title 15Aproject permit application process (2.11, 15A)
O-2007-38	12/31/2007	Amends comprehensive plan (Special)
O-2008-01	1/2/2008	Fee schedule for land use applications (Not codified)
O-2008-02	1/2/2008	Amends § 10.07.010, no parking (10.07)
O-2008-03	1/15/2008	Fee schedule for land use applications (Not codified)
O-2008-04	1/15/2008	Fee schedule for appeals of administrative decisions and SEPA actions (Not codified)
O-2008-05	1/17/2008	Adds chapter 13.09, group B water systems - bonding (13.09)
O-2008-06	2/5/2008	Rezone Z-07-05; amends zoning atlas (Special)
O-2008-07	2/5/2008	Rezone Z-07-02; amends zoning atlas (Special)
O-2008-08	2/19/2008	Adoption of the 6-year Capital Facilities Plan 2008-2013 (Special)
O-2008-09	3/4/2008	Creates county road (not codified)
O-2008-10	3/4/2008	Amends §§ 10.08.010, speed limits, and 10.12.010, stop signs (10.08, 10.12)
O-2008-11	4/1/2008	Rezone Z-06-42; amends zoning atlas (Special)
O-2008-12	4/15/2008	Adds chapter 2.09, delivery of public defense services (2.09)
O-2008-13	5/14/2008	Amends Title 20, Kittitas County Comprehensive Plan, for the Purpose of Compliance with Order Number 07-1-0004c of the Eastern Washington Growth Management Hearings Board (Special)
O-2008-14	7/15/2008	Rezone Z-08-02; amends zoning atlas (Special)
O-2008-15	7/15/2008	Amends § 10.08.020, speed limits (10.08)
O-2008-16	8/5/2008	Amends § 10.12.010, stop signs (10.12)
O-2008-17	8/5/2008	Rezone Z-07-10; amends zoning atlas (Special)
O-2008-18	8/19/2008	Rezone Z-07-13; amends zoning atlas (Special)
O-2008-19	8/19/2008	Amends Title 1 adding chapter 1.10 Rules of Procedure for Proceedings Before the Kittitas County Hearing Examiner (1.10)
O-2008-20	11/6/2008	Amends Title 20, Kittitas County Comprehensive Plan, for the Purpose of Compliance with Order Number 07-1-0004c of the Eastern Washington Growth Management Hearings Board (Special)
O-2008-21	11/18/2008	Rezone Z-08-04; amends zoning atlas (Special)
O-2008-22	12/2/2008	Amends chapter 14.04, Building Code
O-2008-23	12/16/2008	Amends Title 20, Kittitas County Comprehensive Plan for the Purpose of Correcting Scrivener's Errors (Special)
O-2008-24	12/31/2008	2008 Annual Amendment to Title 20, Kittitas County Comprehensive Plan (Special)
O-2009-01	2/18/2009	Rezone Z-06-46; amends zoning atlas (Special)
O-2009-02	3/3/2009	Repeals Chapter 9.60 Weapons Free Areas in County Buildings (9.60)
O-2009-03	3/17/2009	Rezone Z-07-16; amends zoning atlas (Special)
O-2009-04	3/17/2009	Adds Chapter 2.81 Comprehensive Procedures for the Management of County Real and Personal Property (2.81)
O-2009-05	3/17/2009	Amends § 14.04.070 Permits (14.04.070)
O-2009-06	3/17/2009	Adopts a revised fee schedule for flood permit application fees collected by Community Development Services. (Special)
O-2009-07	4/7/2009	Establishing a Lodging Tax Advisory Committee and Proposing an Additional 2% Lodging Tax as Authorized under RCW 67.28.181. (Special)
O-2009-08	4/7/2009	Amends §§ 10.08.010, speed limits, and 10.12.010, stop signs (10.08, 10.12)
O-2009-09	4/21/2009	Adopts a revised fee schedule for certain land use application fees collected by Community Development Services for Community Development Services & Fire Marshal. (Special)
O-2009-10	5/19/2009	Amends chapter 3.20 Transient Occupancy Tax: adds §§ 3.20.015 Special Lodging Excise Tax Levy, and 3.20.025 Credit Against State Sales Tax, and amends §§ 3.20.20 Allowance of Credit Against Tax, 3.20.030 Collection by Seller, and 3.20.060 Proceeds to be Credited to a Special Fund-Limitation on Use-Investment. (3.20.015, 3.20.020, 3.20.025, 3.20.030, and 3.20.060)
O-2009-11	6/2/2009	Rezone Z-08-00011; amends zoning atlas (Special)
O-2009-12	6/2/2009	Rezone Z-08-00006; amends zoning atlas (Special)
O-2009-13	6/18/2009	Ordinance regarding smoking in public places (8.24)
O-2009-14	7/7/2009	Establishing a speed limit on Mt. Baldy Lane amending section 10.08.01 of the Kittitas County Code. (10.08)
O-2009-15	7/21/2009	Ordinance Regulating Professional Preparation of Building Plans. (14.04)
O-2009-16	8/4/2009	Rezone RZ-08-05 and Preliminary Short Plat (SP-08-10); amends zoning atlas (Special)
O-2009-17	8/4/2009	Placement of a stop sign and establishing a speed limit on Rampart Drive amending sections 10.12.010(1) and 10.08.045 of the Kittitas County Code
O-2009-18	9/1/2009	Adds Chapter 2.17 Number of members of the Civil Service Commission for the Sheriff's Office. (2.17)
O-2009-19	9/15/2009	The Enforcement of Kittitas County Code; amends Title 18 Code Enforcement; renumbers §§ 18.02.30 to 18.02.40 and 18.02.40 to 18.02.50; and adds §§ 18.02.30, 18.06.30, 18.06.040, and 18.06.050. (18)
O-2009-20	9/15/2009	Akehurst Rezone RZ-08-00012 and Preliminary Plat LP-08-00033; amends zoning atlas (Special)
O-2009-21	9/15/2009	Darrow Rezone RZ-08-00008 and Preliminary Plat LP-08-00025; amends zoning atlas (Special)
O-2009-22	11/3/2009	Amends Chapter 5.20, event permits and § 18.01.010, applicability; adds § 17.60a.100, revocation or modification (5.20, 18.01, 17.60A)
O-2009-23	11/3/2009	Amends § 2.04.010, official meeting time (2.04)
O-2009-24	12/15/2009	Vantage Wind Power Project Development Agreement (Special)
O-2009-25	12/22/2009	Amends Title 20 Kittitas County Comprehensive Plan for the Purpose of Compliance with Order Number 07-01-004c of the Eastern Washington Growth Management Hearings Board and as Part of the 2009 Annual Comprehensive Plan Amendment Cycle (Special). Amends §§ 14.08.295 Recreational vehicles, 14.08.310 Standards for shallow flooding areas (AO Zones), 15.04.090 Flexible thresholds for categorical exemptions, 15A.12.010 State permit coordination, 16.09.010 Purpose and Intent, 16.09.020 Uses Permitted, 16.09.030 Criteria, 16.09.080 Process for Approval, 16.09.090 Public Benefit Rating System, 16.09.100 Definitions, 17.08.261 Firing ranges, 17.14.010 Purpose and intent, 17.14.020 Uses permitted - On-site, 17.20.110 Conditional uses, 17.22.100 Conditional uses, 17.28.130 Conditional uses, 17.28A.130 Conditional uses, 17.29.030 Conditional uses, 17.29.020 Uses permitted, 17.29.030 Conditional uses, 17.29.040 Lot size required, 17.31.030 Conditional uses, 17.37.020 Definitions, 17.37.040 Applications/approvals required for new master planned resorts, 17.56.030 Conditional uses, 17.57.030 Conditional uses. Adds §§ 17.08.035 Agriculture Study Overlay Zone, 17.08.063 Amenity funds, 17.08.165 Commercial activities associated with agriculture, 17.08.183 Conservation easement, 17.08.187 Conservation or resource values, 17.08.199 Development right,  17.08.324 Interlocal agreement, 17.08.462 Receiving site, 17.08.487 Sending site, 17.08.485 Shooting range, 17.08.542 Transfer of development rights (TDR), 17.08.543 TDR certificate, 17.08.544 TDR certificate letter of intent, 17.08.545 TDR credit, 17.08.546 TDR program, 17.08.547 TDR sending site application, 17.14.030 Uses permitted - Off-site, 17.37.050 Applications/approvals required for existing resorts. Adds Chapters 15A.13 Site Plan Review, 17.13 Transfer of Development Rights.