Chapter 16.52
LARGE LOT SUBDIVISIONS
Sections:
16.52.010 Title.
16.52.020 Definitions.
16.52.030 Compliance required.
16.52.040 Exclusions.
16.52.050 Applications.
16.52.060 Contents of preliminary large lot subdivision application.
16.52.070 Preliminary map of proposed large lot subdivision.
16.52.080 Application fee.
16.52.090 Review by director.
16.52.100 Review by health district.
16.52.110 (Repealed)
16.52.120 Preliminary large lot subdivision approval authorization.
16.52.130 Preliminary large lot subdivision approval expiration.
16.52.140 Final large lot subdivision – Filing period.
16.52.150 Contents of a final large lot subdivision application.
16.52.160 Map of final large lot subdivision.
16.52.170 Duties of surveyor.
16.52.180 Final large lot subdivision review by county engineer.
16.52.190 Final large lot subdivision review by department of community development.
16.52.200 Final large lot subdivision review by health district.
16.52.210 Final large lot approval – Time limit.
16.52.220 Large lot subdivision standards.
16.52.230 Improvements.
16.52.240 Amendment of proposal.
16.52.250 Certification by treasurer.
16.52.260 Filing of large lot subdivision.
16.52.270 Disclaimer as to streets.
16.52.280 Development of short subdivisions within a large lot subdivision.
16.52.290 Declaration regarding further division.
16.52.300 Dedications.
16.52.310 Appeal.
16.52.320 Amendment to approved large lot subdivision.
16.52.330 Development of illegally divided land.
16.52.340 Penalty.
16.52.350 Enforcement by civil action.
16.52.360 Construction.
16.52.010 Title.
The ordinance codified in this chapter shall be known as the “Large Lot Subdivision Ordinance.”
(Ord. 106-D (2000) § 1, 2000)
16.52.020 Definitions.
The following words or terms are defined as follows:
(1) “Board” means the legislative authority of Kitsap County.
(2) “Buffer” means an undisturbed strip of land which can be augmented or selectively thinned at the director’s discretion.
(3) “Comprehensive Plan” means the current Comprehensive Plan of Kitsap County approved by the board pursuant to state law.
(4) “Contiguous land” means land adjoining and touching other land and having the same owner regardless of whether or not portions of the parcels have separate tax numbers, or were purchased at different times, lie in different sections, are in different government lots or are separated from each other by private roads or private rights-of-way.
(5) “County” means Kitsap County.
(6) “Dedication” means the deliberate appropriation of land by an owner for any general and 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 large lot subdivision showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such large lot subdivision for filing by the county.
(7) “Director” means the director of the county department of community development or a duly authorized designee.
(8) “Easement” means a use of land granted by a property owner to specific persons or to the public for a specific purpose or purposes.
(9) “Engineer” means the county engineer.
(10) “Environmentally sensitive area” means those areas of significant value in terms of special features or as natural systems such as, but not limited to, lakes, ponds, creeks, streams, marshes, swamps, bogs and sensitive biological habitat.
(11) “Final large lot plat” means the final drawing of the large lot subdivision and dedication prepared for filing and recording with the county auditor and containing all the elements and requirements as set forth in this chapter.
(12) “Health department” means the Bremerton-Kitsap County health department.
(13) “Hearing examiner” means the individual or board appointed as review authority pursuant to Title 21 of this code, the Land Use and Development Procedures Ordinance.
(14) “Large lot plat” means a map or representation of a large lot subdivision showing thereon the division into lots, blocks, streets or other dedicated areas.
(15) “Large lot subdivision” means the division or redivision of land occurring outside urban growth area (UGA) boundaries into two or more lots for the purpose of sale, lease or transfer of ownership where each lot is five acres or 1/128 of a section or larger; provided, this shall not include divisions or redivisions of land where all parcels are equal to or greater than twenty acres or 1/32 of a section.
(16) “Lot” means a fractional part of a large lot subdivision having defined boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area.
(17) “Original tract” means a unit of land which the applicant holds under a single or unified ownership, or in which the applicant holds the controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.
(18) “Owner” means any person or persons having a legal or equitable property right or interest, whether they may be legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust and deed of trust.
(19) “Person” means an individual, (regardless of relationship or legal capacity) partnership, corporation, association, unincorporated organization, trust or any other legal or commercial entity, including a joint venture or other such affiliated ownership.
(20) “Preliminary large lot plat” means a neat and approximate drawing of a proposed large lot subdivision showing the general layout of roads, lots and blocks, to be applicable to the large lot subdivision, and other elements which shall furnish a basis for the approval or disapproval of the general layout of the large lot subdivision.
(21) “Subdivider” means a person, including a corporate person, who undertakes to create a subdivision.
(22) “Plat certificate” means a certificate from a title company showing, for a particularly described proposed large lot subdivision, the record owners and all encumbrances.
(23) “Street” means a public or private right-of-way which provides vehicular access to lots and which may also accommodate utilities and pedestrian walkways.
(24) “Road maintenance agreement” means a covenant attached to all parcels within the large lot subdivision that addresses the responsibility of road maintenance.
(25) “Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include, but are not limited to swamps, marshes, bogs and similar areas.
(Ord. 311 (2003) [Attachment 7 (part)], 2003: Ord. 106-D (2000) § 2, 2000)
16.52.030 Compliance required.
All large lot subdivisions shall comply with this chapter.
(Ord. 106-D (2000) § 3, 2000)
16.52.040 Exclusions.
This chapter shall not apply to divisions:
a. Made by testamentary provisions or the laws of descent;
b. Made for the purpose of adjusting boundary lines where no additional lots are created and where no lot is left with insufficient area or dimensions to meet minimum requirements for a building site; and
c. Occurring within any urban growth area (UGA) boundary.
(Ord. 311 (2003) [Attachment 7 (part)], 2003: Ord. 106-D (2000) § 4, 2000)
16.52.050 Applications.
a. All large lot subdivision applications shall be made to the director. Likewise, any reference of submittal or written approvals in this chapter shall now be made to and by the director, in accordance with the Procedures Ordinance (Chapter 21.04 of this code), or as amended;
b. All proposed large lot plats shall be prepared by a land surveyor registered pursuant to RCW 18.43. A survey will be required prior to final approval.
(Ord. 106-D (2000) § 5, 2000)
16.52.060 Contents of preliminary large lot subdivision application.
A preliminary application for a large lot subdivision shall contain:
a. Name, address and telephone number of the owner of record of the real property;
b. A legal description of the real property to be divided;
c. Seven copies of the application for a proposed large lot subdivision and of the map as described in Section 16.52.070;
d. The signature of the owner of record of the real property within the boundaries of the large lot subdivision;
e. Proposed source of water.
(Ord. 106-D (2000) § 6, 2000)
16.52.070 Preliminary map of proposed large lot subdivision.
The preliminary map of the proposed large lot subdivision shall contain the following:
a. Map drawn on 11" x 17" paper to scale no less than one inch to two hundred feet which scale shall be shown on drawing;
b. Buffers at least twenty-five feet in width around the periphery of the large lot subdivision unless modified by the director;
c. North point;
d. Lots labeled numerically;
e. The approximate location of structures;
f. The location of all existing and proposed streets, rights-of-way, easements, within and adjacent to the proposal and, where possible, labeling each of the foregoing by width;
g. The location of all property to be dedicated;
h. The approximate location of any lakes, ponds, wetlands, streams, shorelines and slopes approximately thirty percent or greater. Top and toe of slopes shall be delineated with slope elevations and percent of slope. If slopes less than thirty percent contain soils designated unstable by the soils survey of Kitsap County they shall be delineated on the map.
(Ord. 106-D (2000) § 7, 2000)
16.52.080 Application fee.
Upon submittal of either the preliminary or the final large lot subdivision, the applicant shall pay the director a fee per the Kitsap County Development Permit Fee Schedule (Section 21.06.100).
(Ord. 291 (2002) § 9, 2002: Ord. 106-D (2000) § 8, 2000)
16.52.090 Review by director.
a. No later than two working days following receipt of the application, the director shall transmit a complete copy of the application to the health district.
b. The director shall review the application to ascertain if it conforms to the following:
(1) Zoning, Title 17 Kitsap County Code;
(2) Comprehensive Plan and subarea plans;
(3) Shoreline Management Master Program, Title 22 Kitsap County Code;
(4) Flood Hazard Areas, Title 15 Kitsap County Code;
(5) Environment, Title 18 Kitsap County Code;
(6) Critical Areas Ordinance, Title 19 Kitsap County Code;
(7) Storm Water Drainage, Title 12 Kitsap County Code.
c. The director shall determine if the proposal will cause an undue burden on the drainage basin or water quality or will unreasonably interfere with the use and enjoyment of properties downstream.
d. The director shall determine if the streets in the proposal align with and are otherwise coordinated with streets serving adjacent properties.
e. The director shall determine if the streets as proposed are adequate to accommodate anticipated traffic.
f. The director shall determine if the proposal would adversely impact an environmentally sensitive area and what mitigative measures are needed.
g. If the director disapproves the application, he or she shall provide a written explanation thereof to the applicant.
h. The director has twenty-five working days in which to approve or disapprove the application.
i. If the director finds in favor of the preliminary application with respect to those items in Sections 16.52.090 and 16.52.100, the director shall signify approval by providing a letter to the applicant and the surveyor which shall include any conditions of approval.
Ord. 290 (2002) § 8, 2002: Ord. 106-D (2000) § 9, 2000)
16.52.100 Review by health district.
a. No later than two working days following receipt of the application, the director shall transmit a complete copy of the application to the health district.
b. The health district shall review the application to ascertain whether a public water system shall provide water service to the large lot subdivision. A public water system service may be required in the event minimum zoning requirements will allow potential for division into three or more lots, and the application proposes one well to service those lots.
c. If the application does conform, the health district shall signify its approval, along with any conditions, in a memorandum to the director.
d. If the health district disapproves the application, it shall provide a written explanation thereof to the director.
e. The health district has twenty-three working days in which to approve or disapprove the application.
(Ord. 106-D (2000) § 10, 2000)
16.52.110 (Repealed)
* Editor’s Note: Former Section 16.52.110, “Review by engineer,” was repealed by Section 9 of Ord. 290 (2002). This section was originally derived from Ord. 106-D (2000) § 11.
16.52.120 Preliminary large lot subdivision approval authorization.
Approval of the preliminary large lot subdivision shall constitute authorization for the subdivider to develop the subdivision’s facilities and improvements in strict accordance with standards established by this chapter and any conditions imposed.
(Ord. 106-D (2000) § 12, 2000)
16.52.130 Preliminary large lot subdivision approval expiration.
The approval given to a preliminary large lot subdivision shall expire unless within three years following approval, a proposed final large lot subdivision in proper form is submitted to the director; provided, however, that an extension may be granted by the director for one year.
(Ord. 106-D (2000) § 13, 2000)
16.52.140 Final large lot subdivision – Filing period.
At any time within three years following the notice of preliminary approval, the subdivider may submit the original of a proposed final large lot subdivision to the director.
(Ord. 106-D (2000) § 14, 2000)
16.52.150 Contents of a final large lot subdivision application.
a. Names, addresses and telephone number of the owners and contract purchaser.
b. A plat certificate for the real property.
c. Seven copies of the application for a proposed large lot subdivision and of the map as described in Section 16.52.160.
d. The signatures of all owners of the real property within the boundaries of the large lot subdivision.
e. A road maintenance agreement in proper form unless such agreement is waived by the engineer.
f. Perimeter lot closures for final review.
(Ord. 106-D (2000) § 15, 2000)
16.52.160 Map of final large lot subdivision.
The final large lot plat shall be as follows and shall contain the following:
a. Drawn on tracing cloth, stable-base mylar, polyester film or similar durable material eighteen inches by twenty-four inches; a line shall border each sheet having a two-inch margin on the left side (which shall be an eighteen-inch side) and a one-inch margin on the remaining three sides;
b. Drawn to scale no less than one inch to two hundred feet which scale shall be shown on the drawing;
c. The perimeter (which shall be shown by heavier lines) of the proposal, together with all internal lots and blocks;
d. The dimensions of the perimeter and all lots;
e. Final plat will show:
(1) Ties to permanent monuments;
(2) Controlling referenced points or monuments;
(3) The bearing and length of lines;
(4) Base meridian reference.
f. Buffer at least twenty-five feet in width around the periphery of the large lot subdivision unless waived by the director;
g. North point and origin of meridian;
h. Lots labeled numerically;
i. The names and locations of adjacent subdivisions;
j. The approximate location of all existing structures;
k. The location of all existing and proposed streets, rights-of-way and easements within and adjacent to the proposal and, where possible, labeling each of the foregoing by width;
1. The location of all property to be dedicated and a textual declaration of the dedication;
m. The approximate location of any lakes, ponds, wetlands, streams, shorelines and slopes approximately thirty percent or greater. Top and toe of slopes shall be delineated with slope elevations and percent of slope. If slopes less than thirty percent contain soils designated unstable by the soils survey of Kitsap County they shall be delineated on the map;
n. The declaration described in Section 16.52.230(a) and (b);
o. The declaration described in Section 16.52.270;
p. The declaration described in Section 16.52.290;
q. Signature and date lines for certification by the registered land surveyor as described in Section 16.52.170(c);
r. Signature and date lines for certification by the county treasurer that no real property taxes are owing;
s. Signature and date lines for approval by the director;
t. A legal description of the real property to be divided.
(Ord. 106-D (2000) § 16, 2000)
16.52.170 Duties of surveyor.
a. All final large lot plats shall be prepared by a land surveyor registered pursuant to RCW 18.43 and shall be surveyed in accordance with current state regulations.
b. All legal descriptions for large lot subdivision shall be prepared by or under the direction of a registered land surveyor.
c. All large lot subdivisions shall contain the following certificate:
I, ___________________, registered as a professional land surveyor by the State of Washington, certify that this large lot subdivision 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 the lot corners have been staked on the ground as depicted on the large lot subdivision.
d. The lot corners shall be marked by three-quarter inch galvanized iron pipe or like permanent marker.
(Ord. 106-D (2000) § 17, 2000)
16.52.180 (Repealed)
* Editor’s Note: Former Section 16.52.180, “Final large lot subdivision review by county engineer,” was repealed by Section 9 of Ord. 290 (2002). This section was originally derived from Ord. 106-D (2000) § 18.
16.52.190 Final large lot subdivision review by department of community development.
a. No later than two working days following receipt of the final application, the director shall transmit a complete copy of the application the health district.
b. The director shall review the application for compliance with all terms of preliminary approval. including but not limited to:
(1) The final large lot plat meets all standards established by state law and this chapter;
(2) The proposed final large lot plat bears the certificates and statements of approval required by this chapter; and
(3) The facilities and improvements required to be provided by the subdivider have been completed.
c. If the application does conform, the director shall signify his or her approval by subscribing the approval line on the face of the plat.
d. If the director disapproves the application, he or she shall provide a written explanation thereof to the applicant.
e. The director has twenty working days in which to approve or disapprove an application.
(Ord. 290 (2002) § 11, 2002: Ord. 106-D (2000) § 19, 2000)
16.52.200 Final large lot subdivision review by health district.
a. No later than two working days following receipt of the final application, the director shall transmit a complete copy of the application to the health district.
b. The health district shall review the application for compliance with all terms of the preliminary approval.
c. If the application does conform, the health district shall signify its approval in a memorandum to the director.
d. If the health district disapproves the application, it shall provide a written explanation thereof the director.
e. The health district has fifteen working days in which to approve or disapprove an application.
(Ord. 106-D (2000) § 20, 2000)
16.52.210 Final large lot approval – Time limit.
Final plats shall be approved, disapproved or returned to the applicant within twenty working days from the date of filing thereof, unless the applicant consents to an extension of such time period.
(Ord. 106-D (2000) § 21, 2000)
16.52.220 Large lot subdivision standards.
a. A large lot subdivision shall conform to subdivision (b)(1) – (b)(6) of Section 16.52.090 and to subdivision (a)(1) of Section 16.52.110.
b. Each lot in a large lot subdivision shall be provided with satisfactory access by means of a street leading to an existing developed publicly-owned street.
c. Road grades are not to exceed twelve percent, unless waived by the engineer.
d. All streets and easements within large lot subdivisions shall be private, unless dedicated to Kitsap County and constructed to county road criteria. (Note: easements or dedications shall not reduce the number of parcels allowable in a large lot subdivision if such parcels are based on a section subdivision and/or comprise 1/128 of a section or more.)
e. The width of street right-of-way or easements within and adjacent to a large lot subdivision, shall not be less than the minimum widths in feet shown in the following table:
|
Potential Lots Served |
Minimum Width in Feet |
|
2 – 4 |
30 (Private only) |
|
5 – 15 |
40 |
|
16 or more |
50 |
|
|
|
|
Cul-de-sac radius |
Minimum 50 feet. |
Widths for existing rights-of-way or easements of access adjacent to a proposed large lot subdivision may be waived by the engineer. Waivers for existing private roadways leading to a proposed large lot subdivision, will be reviewed by the local fire district for safety issues and by the engineer for adequacy of design.
(Ord. 106-D (2000) § 22, 2000)
16.52.230 Improvements.
a. On any approved large lot subdivision, no further lot divisions shall take place until the required improvements at the appropriate higher residential density are installed at no expense to the county and providing that streets within the large lot subdivision shall be maintained by the owners of the property, in the subdivision, until such time as said owners improve the streets to higher standards meeting Kitsap County specifications and providing that the above conditions shall be set forth on the dedication to the large lot plat.*
b. All property owners will participate in any future county road improvement district (CRID) and/or utility and local improvement district (ULID) that may be formed in the vicinity of this property.
c. All large lot subdivisions shall have the following improvements developed and/or installed prior to recording:
(1) Streets or easements other than road approaches shall at a minimum be cleared, grubbed, and graded as needed for the roadway with the driving surface graveled;
(2) Appropriate drainage facilities shall be provided in accordance with Storm Water Management Ordinance (Chapters 12.04 – 12.32 of this code), or as amended;
(3) Streets dedicated or deeded as right-of-way shall be paved and constructed to Kitsap County road criteria.
(Ord. 106-D (2000) § 23, 2000)
* Editor’s Note: Minimum improvement standards for higher residential density are located in the Subdivision Ordinance.
16.52.240 Amendment of proposal.
When an application is disapproved, an applicant shall have twenty working days following transmittal of the reasons for disapproval in which to file an amended application to remedy the matters which lead to the disapproval. Upon receipt of such an amended application, the application shall be reviewed as set forth in Sections 16.52.090 – 16.52.110. If an applicant files no such amended application within the period allowed, the application shall be considered denied.
(Ord. 106-D (2000) § 24, 2000)
16.52.250 Certification by treasurer.
Upon request of an application for a large lot subdivision, if no property taxes are owing upon the real property, the county treasurer shall so certify by subscribing the certification line upon the face of the plat.
(Ord. 106-D (2000) § 25, 2000)
16.52.260 Filing of large lot subdivision.
No large lot subdivision shall be presented to or accepted for filing with the county auditor unless the face of the plat contains the approval of the director pursuant to Section 16.52.190(c), and the certification of the treasurer pursuant to Section 16.52.250.
(Ord. 106-D (2000) § 26, 2000)
16.52.270 Disclaimer as to streets.
Streets within a large lot subdivision shall not be constructed or maintained by the county unless such streets have been improved to current county 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. In such case, the face of each large lot plat shall contain the following disclaimer:
Responsibility and expense for maintenance of roads leading to or serving lots within this large lot subdivision (unless such roads have been accepted into county’s road system) shall rest with the lot owners.
(Ord. 106-D (2000) § 27, 2000)
16.52.280 Development of short subdivisions within a large lot subdivision.
a. No more than one short subdivision, by the owner of the original tract, shall be approved within a large lot subdivision for five years pursuant to the Short Subdivision Ordinance (Chapter 16.48 of this code), or as amended.
b. No person shall further divide contiguous land through short subdivisions within a large lot subdivision. Such development shall only be allowed pursuant to the Subdivision Ordinance (Chapters 16.04 through 16.44 of this code), or as amended.
(Ord. 106-D (2000) § 28, 2000)
16.52.290 Declaration regarding further division.
The face of each large lot plat shall contain the following declaration:
No lot in this large lot subdivision can be divided further without following the current legal requirements.
(Ord. 106-D (2000) § 29, 2000)
16.52.300 Dedications.
In order to meet the public interest, the director or the engineer may condition approval of the large lot subdivision upon dedications for open spaces, drainage ways, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools, school grounds and other needs for the public.
(Ord. 106-D (2000) § 30, 2000)
16.52.310 Appeal.
Any person wishing to appeal the granting or denial of an application for large lot subdivision shall follow the appeal procedure for a departmental ruling as set forth in the Procedures Ordinance (Chapter 21.04 of this code), or as amended.
(Ord. 106-D (2000) § 31, 2000)
16.52.320 Amendment to approved large lot subdivision.
A large lot subdivision which has been approved and recorded may be amended upon application of all property owners who are affected by the amendment. The application fee shall be per the Kitsap County Development Permit Fee Schedule (Section 21.06.100). The contents and procedure for an amended application shall be that for an application in the first instance.
(Ord. 291 (2002) § 10, 2002: Ord. 106-D (2000) § 32, 2000)
16.52.330 Development of illegally divided land.
No building permit or development permit of any sort shall be issued for lots created in violation of this chapter; provided, an innocent purchaser for value may obtain permits needed for development upon application to county board of county commissioners where such purchaser shows the following:
a. The lot was purchased at a market value not reflecting the illegal division;
b. The purchaser exercised reasonable diligence but did not know of the illegal division;
c. The public interest will not suffer.
(Ord. 106-D (2000) § 33, 2000)
16.52.340 Penalty.
Any person, firm or corporation violating any provision of this chapter or amendment thereto shall be guilty of a misdemeanor and each such persons, firm or corporation shall be deemed guilty of separate offense for each and every day or portion thereof during which any violation of this chapter is committed, continued or permitted. Upon conviction of any violation of this chapter such person, firm or corporation shall be punished by a fine of not more than two hundred fifty dollars or by imprisonment for not more than ninety days, or by both such fine and imprisonment.
(Ord. 106-D (2000) § 34, 2000)
16.52.350 Enforcement by civil action.
Any divisions of land contrary to the provisions of this chapter or amendments thereto, shall be, and the same are hereby, declared to be unlawful and a public nuisance and compliance with this chapter or amendments thereto may be enforced by mandatory injunction brought by the owner or owners of land in proximity to the land with the proscribed condition or the prosecuting attorney may immediately commence action or actions, proceeding or proceedings, for abatement, removal and enjoinment thereof, in a manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the illegal division.
(Ord. 106-D (2000) § 35, 2000)
16.52.360 Construction.
This chapter shall be liberally interpreted and construed to secure the public health, safety, morals and welfare and the role of strict construction shall have no application.
(Ord. 106-D (2000) § 36, 2000)