HomeMy WebLinkAbout35-19 - Ord. Amending County Code Title 16 Plats and Subdivisions ORDINANCE NUMBER
AMENDMENTTO MASON COUNTYCODETITLE 16
ORDINANCE amending Mason County Code Title 16, Plats and Subdivisions.
WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to
regulate the process by which land is divided; and
WHEREAS, the Mason County Planning Department found discrepancies in Title 16 between
the on-line published code and its master document and performed a comprehensive audit
dating back to 1937 to reconcile the differences; and
WHEREAS, the Department relied on approved Mason County Ordinances and consistency
with state law in correcting the master document; and
WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 16, Plats and Subdivisions on April 23, 2019; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as
described in ATTACHMENT A.
DATED this Z day of , _2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,_WASHINGTON
ATTEST:
L
Kevin Shutty, hair
a Drewry,elerk of the Board
APPROVED AS TO FORM: Sharon Tra k, Commissioner
Tim Whitehead, Chief DPA R dy Neatherlin, Commissioner
ATTACHMENT A
16.04.020—Purpose.
(b) Short Subdivisions.The purpose of Chapter 1636 is to regulate the division of land
into four or fewer lots (up to nine lots within a Urban Growth Area) and make
appropriate provisions for public health, safety and general welfare,for open spaces,
drainage ways, streets or roads, light and air, ingress and egress,transit stops, potable
water supplies, sanitary wastes, parks and recreation areas,playgrounds, schools and
schoolgrounds,and other public requirements,and shall consider all other relevant facts,
including sidewalks and/or other planning features that assure safe walking conditions for
students who walk to and from school;and to require uniform monumentation of land
subdivision and conveyancing by accurate legal description.
16.08.165— Primary conservation areas.
Wetlands, water bodies, floodway, slopes of twenty-five percent or greater, and other lands
identified as critical areas in the Mason County inteFim resource ordinance.
16.16.060—Review and approval.
(4)A final plat meeting all requirements of this title shall be submitted to the hearing examiner
for approval within five lea the time frames prescribed by R.C.W. 58.17.140 following the
date of preliminary plat approval. An applicant who files a written request with the department
of community development at least thirty days before the expiration of this five-year period
shall be granted one one-year extension upon showing that the applicant has attempted in
good faith to submit the final plat within the five-year period. Requests for additional one-year
extensions must be approved by the hearing examiner. Requests must be made inwriting and
submitted to the department of community development at least thirty days before the
expiration of the previously granted extension. Mason County is not responsible for providing
notification of expiration;
(6) Plats without an approved sanitary or municipal sewage works, shall have at least seventy-
five percent of the lots approved by the Mason County health officer for individual septic tanks
prior to approval by the hearing examiner. Plats within the urban growth area shall be
approved by the Mason County health officer prior to approval by the hearing examiner. Such
approval may contain restrictions on some lots which would run with the land until such time
that the lots can be connected to 6ty sewer and water services;
16.20.010—Procedure for filing.
(f)An approved subdivision shall be governed bythe terms of approval of the final plat,and the
statutes, ordinances and regulations in effect at the time of approval under RCW 58.17.150(1)
and (3)for a period of five yearst"44 after final plat approval,unless the board of county
commissioners finds that a change in condition creates a serious threat to the public health or
safety in the subdivision.
16.20.040—Survey data and procedures.
(10) In making the survey for the subdivision,the surveyor shall set sufficient permanent
monuments sothatthe survey or any part thereof may be readily retraced. Such monuments
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ATTACHMENT A
shall be placed at all angle points,except as provided ins bseetieR ("'Of thisseG
16.20.040(1),on the exterior boundary lines of the tract,and at intersections of centerlines of
streets and at beginning of curves and end of curves on centerlines. Stakes set at lot corners
will not be considered permanent.The character,type and position of all monuments shall be
noted on the map.
16.20.060—Required improvements.
(4) Monuments.Monument bases cases,approved bythe engineer,shall be required in all
paved streets;
16.20.080—Minimum improvements—Completion.
(3) If such improvement work be isnot completed satisfactorily before the final map is
approved, the owner or owners of the subdivision shall, immediately upon approval and
before the certification of the final map by the county,enter as contractor into an agreement
with the board of county commissioners whereby, in consideration of the acceptance bythe
board of county commissioners of the streets and easements offered for dedication,the
contractor agrees to complete the work within the time specified in the agreement. To assure
the county that this work will be completed, and lien holders paid, a bond shall befurnished
guarantee ing faithful performance and guaranteeing payment for labor and materials.The
amount of such bond shall be determined bythe engineer and approved bythe board of
county commissioners as to the amount and adequacy of the bond.The performance bond
shall be for a period of two years; provided that it may be renegotiated for an additional two-
year period. In lieu of a bond, a cash deposit inthe required amount may be made;
16.20.90—Acknowledgment and certificates.
(1)Description.
"This plat of Acme Estates Mason County,
Washington covers and includes all of the Southwest Quarter of the Southwest Quarter(SW 1/4
of the SW 1/4) of Section Eighteen (18), Township Twenty (20) North, Range Three (3) West of
the Willamette Meridian."
(2) Dedication.
The completed plat must contain a dedication which shall read asfollows,when germane:
"Know allpersons bythese presents that ,the undersigned, owner,
infee simple of the land hereby platted and mortgages thereof hereby declare this plat and
dedicate tothe useofthe public forever all streets,avenues,places and sewer easementsor
whatever public propertythereisshownonthe plat and the usethereoffor any and all public
purposes not inconsistentwiththe use thereof for public highway purposes. Also,therightto
ma keall necessary slopes for cuts and fills upon lots,blocks,tracts,etc.,shown on this plat in
the reasonable original grading of all the streets, avenues,places, etc., shown hereon.Also,
the rightto drain all streets over and across any lotor lotswhere water mighttake a natural
course afterthestreet orstreets are graded.Also,all claims for damages against any
governmental authority are'waived which maybeoccasionedtotheadjacent land bythe
established construction,drainage,and maintenance of said roads-
16.21.080—Mixed uses.
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ATTACHMENT A
In urban growth areas, F Fal t v;ty^eRteFS and F',r^I r^m^^--R�y eenteFs applicants are
encouraged to provide a mix of land uses in addition to residential uses on the site, such as
small-scale retail uses. Compliance with the provisions set forth in this section shall entitle the
applicant to a residential density bonus equal to twenty-five percent of the difference between
the standard residential density and the maximum residential density allowed within the
particular development area. However, in no case shall thetotal of residential density bonuses
allowed exceed the allowed maximum residential density withinthe development area.
16.23.010—Application of regulations.
The following regulations shall apply to any applicant for subdivision approval,where the
property proposed for subdivision is located within areas designated in the Mason County
development regulations as long-term commercial forests,mineral resource lands,and
^FI(iRg F Fal aFeas Agricultural Resource Lands.
16.23.070—Additional open space criteria.
The design of an open space area should encourage the following:
(c) Direct accessfrom as many lots as possiblewithinthe development, except from Agricultura
I Resource Lands;
(f) In Agricultural Resource Lands,include the most productive land and otherfeatures of the
property identified as importantto agricultural productivity of the open space.
16.23.080 Additional ske .design consideFations Open Space Standards.
The siting of house lots should shall avoid the following:
16.23.090—Ownership, maintenance and use of open space.
The applicant shall provide a mechanism to assure that any required open space is
permanently protected and maintained, in conformance with the provisions set forth in
Section 16.22.040. In Agricultural Resource Lands, no covenant or other restriction on the
open space land may prohibit the use of the land for agricultural purposes.
16.23.100—Procedures for approval.
Preliminary approva I for any peFfermanee cluster subdivision shall follow the procedures
set forth in Chapter 16.16,except that the submittal of a preliminary sketch plan is
required.
16.28.010—Provisions of comprehensive plan.
All subdivisions shall reflect and be guided by provisions of the comprehensive plan or
other development plans as may be adopted bythe board and the ee
16.28.170—Lot size.
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ATTACHMENT A
(a) (3) The minimum gross land areas of lots served by individual sewage system on each lot
shall be two acres, provided that when the lots are proposed as part ofa performance
subdivision or cluster subdivision,then the minimum lot size for a residential lot shall be twenty
thousand (20,000) squa refeet.These minimum sizes shall befor lots
proposed for single-family units outside of urban growth areas. When served by on-site septic
systems, blots for single-family units inside of urban growth areas and for multiple-family units
shall be as approved bythe Mason County hearing examiner.
16.32.010—Compliance required.
Platters shall be required to complywith current Mason County Health Department,
Environmental Health Division r^^ ,s requirements.
16.36.010—Application of regulations.
(b) (5) Any division of land for the PUFPOse of sale, lease OF gift to a geyefflment OF goyernment
(b) (7)The diViSiGR ef Iand te transfer title wherein the.re is .ne valuable censideFatieR;'
i.de d thin of this title is of R IIified;
pFev
1 C1 2�T
16.36.021—Procedure-Administrator's duties.
The Mason County community development director, referred to inthis chapter as the
administrator, is vested with the duty of administering the provisions of this chapter and with
authority to summarily approve or disapprove proposed short plats.The administrator may
prepare and require the use of such forms as4e they deems essential to4is their duties.
Procedures for short subdivisions shall beset forth in Section 16.36.021 through 16.36.027.
(Res.dated 7/1/74(part))
16.36.026—Procedure-Approval and filing.
If the administrator determines that the foregoing requirements are met,ire they shall approve
the application and shall transmit an approved copy to the subdivider.The short subdivision
shall be filed with the county auditor.
16.36.027—Procedure-Appeal to board hearings examiner.
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ATTACHMENT A
Any person aggrieved by the decision of the administrator to approve or disapprove a
proposed short plat may appeal the decision to the beard ef MaSeR Ceunt hearing
examinerwithin twenty daysfollowing issuance of the decision.The hearing examiner,following a
public meeting thereon,may affirm or reverse the administrator's decision, or may recommend the
application to the administrator with instructions to approve the same upon compliance with the
conditions imposed by the hearing examiner.
Adfn*nistFatien of this chapter shall be as setforth in Sections 16.3&03IthrOt:Igh!6.36.035.
16.36.035 - Variances.
Where there is extraordinary hardship that may result from the strict compliance with these
regulations,the subdivider may request a variance of these regulations so that substantial
justice may be done, and the public interest secured. Application may be processed usingt#e
Title 15 Section 15.09.057 variance criteria and subject to approval bythe hearing examiner;
provided that such variation will not have the effect of nullifying the intent and purpose of the
comprehensive plan,and Title 16,Mason County Code,
fes.
16.38.910- Application and r, .,a,.r
See Sectiens 16 38 91 1 through 16-3-8.0-1o f„r r,P, at ,r, -,Rd r ecl r
16.38.012-Procedure-Administrator's duties and request for hearings.
(2)Any party may request such a hearing if the administrator does not exerciseh"�their
discretion in referring said application to the hearing examiner.This request for a hearing must
be made within twenty-one days of the date the application netice is published, as requiFed ;^
RGVV 58.17.095. notice of application isdisseminated consistent with Title 15, Chapter 15.07
and RCW 58.17.095.The request shall be in writing and shall be directed to the administrator.
16.38.019-Procedure-Appeal to Bead hearing examiner.
Any person aggrieved by the decision of the administratorto approve or disapprove a
proposed large lot plat may appeal the decision to the hearing examiner within ten days
following issuance of the decision.The hearing examiner, following public meeting thereon,
may affirm or reverse the administrator's decision, or may referthe application to the
administrator with instructions to approve the same upon compliance with the conditions
imposed by the hearing examiner.All appeals shall be sent to the heaFing^.,-,r iRer ; ritiRg
via certified M_ai vith r^* I receipt requested filed in accordance with Title 15,Chapter 15.11.
16.38.929- Design standards
See
Se ti �� 38 02 th h 16 38 nen f„r design +-,.lords
See- CCIOIIs 2p.7 D.OLTCI ITO P^�I��O�O.OLT IOTCICJISl7 standards-.
P7:
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ATTACHMENT A
See Section 16 38 031 thrOUgh 16 38 035 f.,r r re,a impFeveffleRts.
��.'� MA—CorrCt.•
Slee Seet6n_n 16 ]4 (1A1 f.,r seGUFity measures.
See SeEtions 1638.051 thrOUgh 16.38-.056 fOF adffliAiStFatiaw.
16.40.010—Modifications.
Where the applicant finds that extraordinary hardship may result from the strict compliance
with these regulations, and application for variance to the regulations may be made on county
forms and following the provisions of Mason County Code Title 15, Section 15.09.057,variance
criteria, so that substantial justice may be done and the public interest secured. Such variation
shall not have the effect of nullifying the intent and purpose of the comprehensive plan, Title 16
(Mason County Code), and said variance may be appealed using Mason County Code Title 15,
Chapter 15.11.Appeals Procedures. Any variances from health standards (WAC 248-96) must be
obtained through the director of the Mason County health department.
16.44.030 — Transfer or sale without final plat—Action to restrain or enjoin.
Whenever any parcel of land is divided into five or more lots,tracts, or parcels of land and any
person,firm or corporation or any agent of any of them sells ortransfers, or offers or advertises
for sale ortransfer, any such lot,tract, or parcel without having a final plat of such subdivision
filed for record, the prosecuting attorney shall commence an action to restrain and enjoin
further subdivisions or sales,or transfers, or offers of sale or transfer and compel
compliance with all provisions of this title. The costs of such action shall be taxed against
the person,firm, corporation,or agent selling or transferring the property. However, if
performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract,or parcel
of land following preliminary plat approval is expressly conditioned on the ordering of the final
plat containingthe lot,tract,or parcel,the offer or agreement is not subject to RCW 58.17.200
or 58.17300 and does not violate any provision of this Title and all payments on account of an
offer or agreement conditioned as provided inthis section shall be deposited in an escrow or
other regulated trust account and no disbursement to sellers shall be permitted until the plat
isrecorded.
16.48.020— Classification of roadway.
(a)As used inthis chapter:
(1) "County arterial" means a county road primarily serving through traffic to, from and between
principal population, commercial or industrial areas; such arterial routes are designated on the
county's arterial system, such "county arterials" may be "major arterials," "secondary arterials"
or"collector arterials"; these terms are not to be confused with the classification of streets
within the plat below the grade of"county arterial."
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ATTACHMENT A
(2) "Local aceess read or StFeet" means a read or street that serves primarily a limited nurnh-e-F ef
abutting pFepeFties. Generally, loeal access reads oF streets will serve twenty five eF feweF .
(-32) "Primary collector" means a road or street that carries traffic from secondary collectors,
local access and marginal access roads or streets to the major system of arterial streets and
highways. Generally, primary collectors will serve an area containing more than one hundred
lots.
(43) "Secondary collector" means a road or street that carries traffic from local access and
marginal access roads or streets to the major collectors. Generally, secondary collectors will
serve areas containing more than twenty-five and less than one hundred lots.
(4) "Local access road or street" means a road or street that serves primarily a limited number of
abutting properties. Generally, local access roads or streets will serve twenty-five or fewer lots.
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