Chapter 16.40
SUBDIVISIONS
Sections:
16.40.010 Purpose.
16.40.020 (Reserved)
16.40.030 Preliminary subdivisions.
16.40.040 Amendments to approved preliminary subdivisions.
16.40.050 Final subdivisions.
16.40.060 Recording requirements.
16.40.010 Purpose.
The purpose of this chapter is to provide requirements for the division of land that are specific to subdivisions. These requirements are in addition to those set forth in Chapters 16.04 and 16.24.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.40.020 (Reserved)
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.40.030 Preliminary subdivisions.
Preliminary subdivisions are classified as Type III 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 plat shall consist of the following:
1. One or more maps, to scale no less than one inch to one hundred feet, which scale shall be shown on the drawing, both graphically and textually; the horizontal and vertical scales for street and utility profiles shall be two hundred feet to the inch and twenty feet to the inch, respectively;
2. Map signed and sealed by a surveyor registered in the state of Washington;
3. The name of the proposed subdivision;
4. North point;
5. Lots labeled numerically;
6. The location of existing structures;
7. The location of existing road approaches;
8. The location of all existing and proposed roads, rights-of-way, and easements, labeling each of the foregoing by width;
9. The location of all other existing and proposed easements appurtenant to the property, labeled with dimensions;
10. The location of all property to be dedicated;
11. Contour lines of at least five-foot intervals or sufficient intervals to show the topography of the land to be subdivided, referenced to either the United States Coast and Geodetic Survey datum, or other datum acceptable to the county;
12. A layout of proposed lots, open space tracts, recreation areas, roads, alleys, sidewalks, other pedestrian or bicycle facilities, utility mains and parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;
13. Generalized plans of proposed street systems, water distribution systems, sewerage systems, and drainage systems, signed and sealed by a civil engineer, licensed in the state of Washington;
14. 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;
15. 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;
16. The location of existing on-site sewage systems, and wells with their protective well radii within and contiguous to the proposal; and
17. In subdivisions proposed to be served by individual or community septic systems, the location of soil log holes together with data regarding soil type and depth;
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 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. 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.
Approval of the preliminary subdivision shall constitute authorization for the subdivider to develop the required facilities and improvements in strict accordance with standards set forth in this title and in accordance with all conditions of approval.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.40.040 Amendments to approved preliminary subdivisions.
This section provides the criteria and limitations for amending an approved preliminary subdivision, including amendments to conditions of approval.
A. Notification. Any requested amendment to an approved preliminary plat shall require a notice of application to all parties who received the notice of application of the original preliminary 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 subdivision that fall within the scope of the original approval and/or 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 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 impacts to the subdivision or the surrounding property. Impacts may include, but are not limited to, storm water, traffic, open space, landscaping, screening, 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 plat, or the boundary of any phases within the original 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 detached single-family to attached one- and two-family dwellings;
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 or increase the number of access points or significantly alter the location of 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 are classified as Type III applications under Chapter 21.04 and address those amendments not otherwise classified as minor. Any amendment that requires a discretionary permit other than those granted in conjunction with the original preliminary subdivision application shall require the approval of such permit before or with the decision on the proposed major subdivision amendment.
2. Written Findings. A proposed major amendment shall not be approved unless the hearing examiner 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 subdivision approval.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.40.050 Final subdivisions.
At any time within the time periods set forth at Section 16.04.100(B), the subdivider may submit the final subdivision application that is consistent with the approved preliminary subdivision. Final 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. If approved, the director shall sign the approval line on the face of the final plat and shall forward the final plat to the Board of County Commissioners for their approval.
A. Chapter 16.04, General Provisions;
B. Chapter 16.24, Land Segregation Standards;
C. The final 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 contain the following information:
a. 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 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.
b. Signature and date lines for the county auditor, along with space to insert recording information;
3. Signature and date lines for approval by the director;
4. Signature and date lines for approval by the county engineer;
5. Signature and date lines for approval by the Kitsap public health officer;
6. 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;
7. Signature and date lines for approval by the board of county commissioners;
8. North point and origin of meridian or basis of bearings;
9. Lots labeled numerically;
10. Lot addresses, as assigned per Section 16.66.015(H);
11. The perimeter (which shall be shown by heavier lines) of the proposal, together with all internal lots and blocks;
12. The dimensions of the perimeter and all lots;
13. Ties to permanent monuments;
14. Controlling reference points or monuments;
15. The bearing and length of lines;
16. The legal description of the real property to be divided;
17. The names and locations of adjacent segregations;
18. The location of all existing structures;
19. 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;
20. The location of all other existing and proposed easements appurtenant to the property, labeled with dimensions;
21. The location of all property to be dedicated. Where the dedication is for roadways or improvements for which a surety is obtained, there shall be no acceptance of the dedication by the county unless and until said improvement is completed and approved by Kitsap County;
22. The location of all critical areas identified during the preliminary subdivision process, along with required buffers and construction setbacks;
23. The location of existing on-site sewage systems, and wells with their protective well radii within and contiguous to the proposal;
24. The location of soil logs, if the subdivision is not required to connect to public sewer;
25. 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;
26. Notes depicting articles of encumbrances as noted in Schedule B of the plat certificate; and
27. Conditions relevant to the development of the subdivision, as set forth in the hearing examiner’s decision granting preliminary approval;
D. The final subdivision meets all standards established by state and local law;
E. The final subdivision is in compliance with the conditions of preliminary approval for the subdivision;
F. The title insurance report provided by the subdivider confirms the title of the land in the proposed subdivision is vested in the name(s) of the owner(s) whose signatures appear on the plat declaration or dedication statement; and
G. The required road and storm water facilities and improvements, if such are to be privately maintained, have been completed by the subdivider. When required road and storm water facilities and improvements are to be maintained by the county, that they have been completed by the subdivider or, alternatively, that the subdivider has provided a performance surety in accordance with Section 12.12.040.
(Ord. 489 (2012) § 2 (part), 2012: Ord. 483 (2012) § 2 (Att. 1), 2012)
16.40.060 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)