Chapter 16.48
SHORT SUBDIVISIONS
Sections:
16.48.020 Preliminary short subdivisions.
16.48.030 Amendment to preliminary short subdivisions.
16.48.040 Final short subdivisions.
16.48.060 Declaration regarding further segregation.
16.48.070 Recording requirements.
16.48.010 Purpose.
The purpose of this chapter is to provide requirements for the division of land that are specific to short subdivisions. These requirements are in addition to those set forth in Chapters 16.04 and 16.24. Pursuant to RCW 58.17.020(6), short subdivisions within the UGA boundaries may contain up to nine lots; short subdivisions outside the UGA boundaries are limited to contain up to four lots.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.020 Preliminary short subdivisions.
Preliminary short subdivisions are classified as Type II applications under Chapter 21.04. The director shall review the application to ascertain if it conforms to the following requirements:
A. Chapter 16.04, General Provisions;
B. Chapter 16.24, Land Segregation Standards;
C. The preliminary short plat shall consist of the following:
1. Maps drawn on a minimum eighteen-inch-by-twenty-four-inch paper, to scale no less than one inch to one hundred feet, which scale shall be shown on the drawing, both graphically and textually;
2. Map signed and sealed by a surveyor registered in the state of Washington;
3. North point;
4. Lots labeled alphabetically;
5. The location of existing structures;
6. The location of existing road approaches;
7. The location of all existing and proposed roads, rights-of-way, and easements, labeling each of the foregoing by width;
8. The location of all other existing and proposed easements appurtenant to the property, labeled with dimensions;
9. The location of all property to be dedicated;
10. Except in UGAs, a minimum twenty-five-foot-wide native vegetation buffer around the perimeter of the short subdivision;
11. The location of all water bodies (including but not limited to lakes, ponds, saltwater shorelines, streams, and wetlands), their associated buffers and construction setbacks, and mapped flood hazard areas;
12. The location of geologically hazardous areas and their associated buffers and construction setbacks. Delineate all slopes thirty percent in grade or greater and all slopes from fifteen percent to thirty percent in grade where they are rated as areas of “moderate” or “high” geologic hazard pursuant to Section 19.400.410;
13. The location of existing on-site sewage systems, and wells with their protective well radii within, contiguous to and adjacent to the proposal; and
14. The location of soil log holes, together with data regarding soil type and depth, if the short subdivision is not required to connect to public sewer;
D. The proposed streets shall align and be coordinated with streets serving adjacent properties;
E. The proposed streets shall be adequate to accommodate anticipated traffic;
F. If road or pedestrian connectivity between the short subdivision and adjacent properties is required, all ingress/egress accesses shall be dedicated to the public and developed consistent with Kitsap County Road Standards;
G. If the required native vegetation buffer, as it exists, is void of native vegetation, plantings of native species will be required to create or recreate the buffer. This requirement may be modified by the director to be compatible with the surrounding area, upon submittal with the preliminary application, of narrative and photographic documentation of existing conditions;
H. The Kitsap public health district shall recommend approval or denial. Said recommendation shall be in writing and shall address:
1. Conformity with current regulations regarding domestic water supply and sewage disposal;
2. Adequacy of lot area, soil type, topographic and drainage characteristics, if proposing a sewage disposal method other than public sewer.
(Ord. 540 (2016) § 9, 2016: Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.030 Amendment to preliminary short subdivisions.
This section provides the criteria and limitations for amending an approved preliminary short subdivision, including amendments to conditions of approval.
A. Notification. Any requested amendment to an approved preliminary short subdivision shall require a notice of application to all parties who received the notice of application of the original preliminary short subdivision, all property owners within the notification radii required in Title 21 and all parties of record, in accordance with Title 21.
B. Minor Amendment.
1. General Requirements. Minor amendments are classified as Type II applications under Chapter 21.04 and address those changes to an approved preliminary short subdivision that fall within the scope of the original approval and do not significantly increase impacts to surrounding properties. For these purposes, “significant” shall mean a greater than ten percent increase when the impact is quantifiable.
2. Written Findings. A proposed minor short subdivision amendment may be approved if the director makes written findings that all of the following are satisfied. If one or more are not satisfied, the application must proceed as a major amendment.
a. The proposal does not result in significant adverse impacts to the short subdivision or the surrounding property. Impacts include, but are not limited to, storm water, traffic, open space, landscaping, on-street or set-aside parking, or noise;
b. The proposal satisfies the applicable general requirements of this title;
c. The proposal does not result in a change of use;
d. The proposal falls within the scope of the original approval and complies with the intent of the conditions originally imposed;
e. The proposal does not change the perimeter boundary of the original short plat;
f. The proposal does not increase residential density by greater than ten percent, provided the density requirements of the zone are maintained;
g. The proposal does not increase the intensity of housing types; for example, from single-family to duplex;
h. The proposal does not reduce the designated perimeter buffers, recreation or open space areas by more than ten percent;
i. The proposal does not reduce, increase or significantly alter access points;
j. The proposal does not reduce required setbacks; and
k. The proposal does not reduce any street frontage improvements (e.g., sidewalks, curb/gutter, and bicycle lanes).
C. Major Amendments.
1. General Requirements. Major amendments address those amendments not otherwise classified as minor.
a. Major amendments to preliminary short plats that were approved after a public hearing are classified as Type III applications under Chapter 21.04. Such amendments shall require a hearing and shall satisfy the requirements of Section 16.40.040(C).
b. Major amendments to preliminary short plats that were approved administratively are classified as Type II applications. Such amendments shall satisfy the requirements of this section.
c. Any amendment that requires a discretionary permit other than those granted in conjunction with the original preliminary short subdivision application shall require the approval of such permit before or with the decision on the proposed major short subdivision amendment.
2. Written Findings. A proposed major amendment shall not be approved unless the director makes written findings that the public use and interest are served by the amendment and that the amendment complies with all development regulations in effect at the time of preliminary short subdivision approval.
(Ord. 550 (2018) § 6, 2018: Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.040 Final short subdivisions.
At any time within five years following a notice of decision for preliminary approval, the subdivider may submit a final short subdivision application to the director that is consistent with the approved preliminary short subdivision. The director shall review the application to ascertain if it conforms to the following requirements. If approved the director shall sign the approval line on the face of the final short plat.
A. Chapter 16.04, General Provisions;
B. Chapter 16.24, Land Segregation Standards;
C. The final short plat shall consist of the following:
1. The original map that is drawn in permanent black ink on mylar, suitable for producing legible prints through scanning, microfilming or other standard copying procedures, and that is in compliance with WAC 332-130-050. The map shall be drawn to scale no less than one inch to one hundred feet, which scale shall be shown on the drawing both graphically and textually;
2. The first sheet shall have a vertical title block on the right side that contains the following information:
a. The disclaimer set forth in Section 16.48.050;
b. The declaration set forth in Section 16.48.060;
c. Signature and date lines for approval by the director;
d. Treasurer’s certificate that reads as follows:
I hereby certify that real property taxes on the above-described property have been paid, satisfied or discharged up to and including the year 20____.
along with signature and date lines;
e. Surveyor’s certificate, stamped, signed and dated by a registered land surveyor, that reads as follows:
I, _____________, registered as a professional land surveyor by the State of Washington, certify that this short plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of _____________, 20__, through ___________, 20__; that the distances, courses and angles are shown hereon correctly; and that lot corners have been staked on the ground as depicted hereon.
and
f. Signature and date lines for the county auditor, along with space to insert recording information;
3. North point and origin of meridian or basis of bearings;
4. Lots labeled alphabetically;
5. Lot addresses, as assigned per Section 16.66.015(G);
6. The perimeter (which shall be shown by heavier lines) of the proposal, together with all internal lots and blocks;
7. The dimensions of the perimeter and all lots;
8. Ties to permanent monuments;
9. Controlling reference points or monuments;
10. The bearing and length of lines;
11. The legal description of the real property to be divided;
12. The names and locations of adjacent segregations;
13. The location of all existing structures;
14. The location of all existing and proposed roads, rights-of-way and access easements within and adjacent to the proposal, labeling each of the foregoing by width;
15. The location of all other existing and proposed easements appurtenant to the property, labeled with dimensions;
16. The location of all property to be dedicated and a textual declaration of the dedication;
17. For short subdivisions within a rural zoning designation, a native vegetation buffer around the perimeter of the short subdivision, minimum twenty-five feet wide or as conditioned with the notice of decision;
18. The location of all critical areas identified during the preliminary short subdivision process, along with required buffers and construction setbacks;
19. The location of existing on-site sewage systems, and wells with their protective well radii within, contiguous to and adjacent to the proposal;
20. The location of soil logs, if the short subdivision is not required to connect to public sewer;
21. A declaration or dedication statement, as applicable, by all persons having interest in the subdivided land, with name(s) printed and signed by said person(s) and acknowledged before a notary public, consenting to the dedication and/or subdivision of land;
22. Notes depicting articles of encumbrances as noted in Schedule B of the plat certificate; and
23. Conditions relevant to the development of the short subdivision, as set forth in the decision granting preliminary approval;
D. The final short subdivision meets all standards established by state and local law;
E. The final short subdivision is in compliance with the conditions of preliminary approval for the short subdivision;
F. The title insurance report provided by the subdivider confirms the title of the land in the proposed short subdivision is vested in the name(s) of the owner(s) whose signatures appear on the short plat declaration or dedication statement; and
G. The required road and storm water facilities and improvements have been completed by the subdivider.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.050 Road disclaimer.
Roads within a short subdivision will not be constructed or maintained by the county unless such roads have been improved to current county road standards and have been accepted into the county road system. Therefore, unless so improved and accepted, the responsibility for maintenance shall lie with the owners of the lots within the short subdivision. In such case, the face of the short plat shall contain the following disclaimer:
Responsibility and expense for maintenance of roads leading to or serving lots within this short subdivision (unless and until such roads have been accepted into the county’s road system) shall rest with the lot owners.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.060 Declaration regarding further segregation.
A. Land in a short subdivision may not be further divided in any manner within a period of five years after the recording of the final short plat without the filing of a final plat pursuant to Chapter 16.40, except that when the short plat contains fewer than four lots, nothing in this section shall prevent the owner who filed the original short plat from filing an alteration within the five-year period to create up to a total of four lots within the original short plat boundaries.
B. Short subdivisions shall not be used, either by a person alone or by persons acting together, at one time or over a period of time, as a means to circumvent compliance with the more stringent subdivision requirements as set forth in this title. When an application for a short subdivision is filed within five years after the approval of a short subdivision on a contiguous lot, a rebuttable presumption of an attempt to circumvent subdivision requirements may be invoked by the director as a basis of further investigation to assure compliance with the intent of this provision.
C. The face of the short plat shall contain the following declaration:
No lot in a short subdivision can be divided further without following Kitsap County Code in effect at the time of application for said further division.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.48.070 Recording requirements.
The final plat shall be recorded in accordance with the provisions set forth at Section 16.04.110.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)