Jefferson County Unincorporated
City Zoning Code

Prevent the overcrowding of land;

Lessen congestion and promote safe and convenient travel by the public on sidewalks, pathways, streets and highways;

Promote the efficient use of land;

Facilitate adequate provision for water supply, sewage disposal, drainage, streets, schools, parks, recreational areas, fire protection and other capital requirements;

Require uniform monumentation and conveyancing of lots, tracts and parcels by accurate legal description;

Facilitate the expeditious processing of development applications through the adoption of clear, predictable and uniformly applied land division regulations; and

Implement the goals, policies and substantive requirements of the Washington State Growth Management Act (Chapter 36.70A RCW) and the Jefferson County Comprehensive Plan.

This chapter applies to the division of land into four parcels for short subdivisions and of five or more parcels for long subdivisions. This chapter further applies to boundary line adjustments and binding site plan review and regulation.

Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions set forth in this chapter.

The process for resubdivision, alteration and vacation of any existing subdivision is identical to the process for initial subdivision. All such subdivision applications shall conform with the applicable sections in this chapter governing the subdivision of property into lots, tracts or parcels. All proposed plat vacations shall comply with the requirements and criteria set forth in RCW 58.17.212, as now adopted or hereafter amended.

Where this chapter imposes greater restrictions or higher standards upon the development of land than other provisions of this code, laws, ordinances or restrictive covenants, the provisions of this chapter shall prevail.

Pursuant to Chapters 58.17 and 79.125 RCW, tidelands boundaries that are coincident with state-owned aquatic lands may not be altered in any fashion under this section.

Divisions of land into lots, tracts or parcels each one of which is one-sixteenth of a section of land or larger, or 40 acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of a lot that borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the street or road and the side lot lines of the lot running perpendicular to such center line; and provided further, that within the commercial forest district (i.e., CF-80), each lot, tract or parcel shall be at least 80 acres in size;

Cemeteries and burial plots while used for that purpose;

Divisions of land made by testamentary provisions or the laws of descent; provided, that this exemption shall not be construed to permit inter vivos transfers, and provided further, that any structure or use on the property must comply with all other applicable county regulations; and

Divisions of land relating to the acquisition of a fee simple interest in land by public agencies, including, but not limited to, divisions made for road or public right-of-way conveyance or widening purposes. This exemption shall not be construed to include acquisitions of easements.

Boundary line agreement to resolve any dispute between two or more parcels of real property where the boundaries cannot be identified from the existing public record, monuments, and landmarks, provided such agreement shall be executed in conformance with RCW 58.04.007.

Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any person, firm, corporation or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to compliance with this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this chapter is deemed a separate and distinct offense. If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of a short plat or long plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited in an escrow account and no disbursements to sellers are permitted until the final plat is recorded. This prohibition of property transfers prior to compliance with this chapter shall apply equally to transfers prior to completion of short subdivisions, long subdivisions and binding site plans.

JCC Title 19 Applicable. In addition to the penalties provided in this section, all violations of any provision of this chapter or any incorporated standards, or conditions of any permit issued hereunder, are subject to the provisions of JCC Title 19. The administrator is authorized to enforce the provisions of this chapter in accordance with JCC Title 19.

Other Enforcement Action. In the event an applicant for a short subdivision, long subdivision, or binding site plan fails and refuses to install required improvements in the time required by any preliminary or final approval, the county may withhold further building or other development permits, make demand against any bonds, collect monies deposited in escrow to secure installation of improvements, initiate a local improvement district, or take such other action as may be necessary to cause the improvements to be made.

Purpose and Scope. The purpose of this article is to provide procedures and criteria for the review and approval of adjustments to boundary lines between platted or unplatted lots, tracts or parcels, or both in order to:

This article is also intended to ensure compliance with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC.

Prohibited Boundary Changes. This article shall not apply to boundary changes that would:

Lot Consolidation. The consolidation of two or more lots, tracts or parcels for the purpose of creating a single lot, tract or parcel that meets the requirements for a buildable lot shall in all cases be considered a minor adjustment of boundary lines and shall not be subject to the short subdivision or long subdivision provisions of this chapter. Lot consolidations shall not require a survey or soil evaluation.

Adjustments to Binding Site Plans. Recognized lots in an approved binding site plan shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to separate lots to another property not included in the original site plan of the subject development.

Rectifying legal defects, such as an established use located across a lot line, and the adjustment of boundary lines to match water bodies, roads, or fence lines, shall be considered minor adjustments and shall not require a soil evaluation.

Time Limitations. If more than two lots, tracts or parcels have been subject to a boundary line adjustment process, those lots shall not be permitted to use the boundary line adjustment process again for five years with the exception of lot consolidations, testamentary divisions, civil cases, court orders, rectifying legal defects, or the adjustment of one line between two or more property owners for the purpose of settling a dispute.

Applications for boundary line adjustments shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance;

A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;

A digital copy of a clean and legible drawing suitable for recording showing the following:

The original legal description of the entire property together with new separate legal descriptions for each lot, tract or parcel, labeling them each as existing parcel A, existing parcel B, revised parcel A, revised parcel B, etc. The drawing shall be attached to or include on the face a formal legal declaration of the boundary line adjustment, signed and notarized by all legal owners of the subject properties. In cases where the property has not been surveyed, the following disclaimer shall be recorded on the drawing:

A copy of any covenants, conditions and restrictions (CC&Rs), deed restrictions, or planned rural residential development (PRRD) agreements pertaining to or affecting the property; and

If applicable, the applicant shall provide written verification from the Jefferson County department of environmental health that the lots, tracts, parcels or sites, as each would exist after the boundary line adjustment, are adequate to accommodate an on-site sewage disposal system. The location of soil logs must be shown on the drawing to show land area sufficient to meet environmental health requirements for each resultant lot, tract, or parcel that does not contain a dwelling.

This requirement shall be waived for resultant parcels that have limited the use of the resultant parcel to agriculture, forestry, or open space through conservation easements, restrictive covenant, or similar legal arrangement. The open space tax program shall not be used to fulfill this requirement;

The application shall be accompanied by a current (i.e., within 30 days) title company certification of the following:

Prior to approval, a proposed boundary line adjustment shall be reviewed by the Jefferson County assessor.

Based on any comments solicited and received from the department of public works, the department of environmental health or other applicable departments and agencies, the administrator shall approve the proposed boundary line adjustment only upon finding that the adjustment would not:

Following approval by the administrator, a final record of survey document shall be prepared by a licensed land surveyor in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. The document shall contain a land surveyor's certificate and a recording certificate. The final page of the record of survey document shall contain the following signature blocks:

Upon approval the following statement of intent shall be recorded by the auditor and referenced by auditor file number on the final survey:

Pursuant to RCW 84.56.345, current year and any delinquent taxes shall be paid before approval of any boundary line adjustment.

Applications for boundary line adjustments shall be processed according to the procedures for Type I land use decisions established in Chapter 18.40 JCC.

Applications for short subdivisions shall be made on forms provided by DCD and shall be submitted to DCD, along with the appropriate fees established under the Jefferson County fee ordinance;

A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;

A sworn certification by the applicant verifying whether the applicant has any interest in any land adjacent to any portion of the subject property; such interest in land may be by reason of ownership, contract for purchase by an agreement or option by any person, family member, firm or corporation in any manner connected with the applicant or the development;

The dimensions and area of each proposed lot, tract or parcel to accurately show that each lot, tract or parcel contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC; provided, that the area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the area computations;

Five paper copies of a preliminary short plat meeting the standards of JCC § 18.35.110 and § 18.35.120;

Where applicable, any special reports or studies required under Chapter 18.22 JCC (Critical Areas);

A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter 18.30 JCC, including any soil test information that may be deemed necessary by the director of the department of public works;

The estimated quantities of any fill to be expected from the site and imported to the site; and

Documentation of water availability and adequacy for each parcel affected sufficient to meet the requirements of JCC § 18.30.030.

The preliminary short plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The preparer shall certify on the short plat that it is a true and correct representation of the land actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC, as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable the county to locate and assess features of the short plat in the field. The datum to be used for all surveying and mapping shall be as follows: The projection name is the state plane; the projection spheroid is GRS 1980; the coordinate system is Washington State Plane North Zone; and the horizontal datum is NAD 83.

All geographic information portrayed by the preliminary short plat shall be accurate, legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical roadway cross-sections may be drawn to any other appropriate scale.

A preliminary short plat shall be 18 by 24 inches in size, allowing one-half inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with road and highway names and block numbers (if any) shall be provided. Each sheet, including the index sheet, shall be of the above specified size.

The area of each proposed lot, tract or parcel on the short plat map shall accurately show that each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements. The area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the area computations.

A preliminary short plat shall be submitted on one or more sheets and shall provide the information described below. All specifications for required improvements shall conform to the development standards contained in Chapter 18.30 JCC.

The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, roads, and other major constructed and natural features.

Except as otherwise specified in this chapter, the preliminary short plat shall contain the following existing geographic features, drawn lightly in relation to proposed geographic features:

The preliminary plat shall show the following proposed geographic features:

Upon review of an application, the administrator may require additional pertinent information, as deemed necessary, to satisfy any other regulatory requirements. The administrator may also waive specific submittal requirements determined to be unnecessary for review of an application. In such event, the administrator shall document the waiver in the project file or log.

Short subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the administrator that all of the following have been satisfied:

Notwithstanding the approval criteria set forth in subsection (1) of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed short subdivision lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county shall not approve the preliminary short plat unless:

An application for a short subdivision shall be processed according to the procedures for Type II land use decisions established in Chapter 18.40 JCC.

The administrator shall solicit comments from the director of the department of public works, the chief of the fire district in which the proposal is located, local utility providers, sheriff, building official, school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local, state or federal officials as may be necessary.

Based on comments from county departments, applicable agencies and other information, the administrator shall review the proposal subject to the criteria contained in JCC § 18.35.130. A proposed short plat shall only be approved when consistent with all the provisions of JCC § 18.35.130.

An applicant for a short subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 18.40 JCC, and shall satisfy the criteria contained in Article IV of Chapter 18.40 JCC, Variances.

Pursuant to RCW 84.56.345, current year and any delinquent taxes must be paid before the approval of a short subdivision.

Minor modifications to a previously approved preliminary short plat may be requested by the applicant and approved by the administrator subject to the provisions for Type I decisions in Chapter 18.40 JCC; provided, that the modification does not involve any of the following:

Before approving such an amendment, the administrator shall make written findings and conclusions documenting the following conditions:

Modifications that involve the circumstances described in subsection (1) of this section, or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new preliminary short plat application.

In cases where any restrictive deed covenants or CC&Rs will apply to lots or parcels within a subdivision, a type written copy of such covenants, bearing all necessary signatures, shall be submitted along with the final plat. Where the recordation of specific deed restrictions or CC&R provisions have been required as a condition of preliminary plat approval, the administrator shall approve and sign the deed restriction or CC&Rs prior to final plat approval.

The final plat shall be accompanied by a current (i.e., within 30 days) title company certification of the following:

All maintenance, performance and guarantee bonds or other guarantees as may be required by the director of the department of public works and the approved improvement method report to guarantee the acceptability and/or performance of all required improvements.

The original shall be returned to the applicant after it has been forwarded to the county auditor for recording; and

One recorded paper copy shall be retained in the files of the department of community development.

No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved short subdivision prior to a determination by the relevant fire district chief or designee that adequate fire protection and access for construction needs exists.

No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved short subdivision until the applicant complies with the improvement method report, all requirements of the department of public works certificate of improvements, and all requirements of the final plat approval.

No occupancy permit for a structure other than a temporary contractor's office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel to the satisfaction of the director of the department of public works and county building official.

The application for approval of a long subdivision shall be submitted to the department of community development on forms to be provided by the department along with the appropriate fees established by the Jefferson County fee ordinance;

A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;

The area and dimensions of each proposed lot, tract or parcel to accurately show that each lot, tract or parcel contains sufficient area to satisfy the minimum requirements of Chapter 18.15 JCC. The area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the area computations;

Five paper copies of a preliminary plat meeting the standards and requirements of JCC § 18.35.290 and § 18.35.300;

Where applicable, any special reports or studies required under Chapter 18.15 JCC, prepared in accordance with the requirements of Article VI-K of Chapter 18.15 JCC;

A preliminary drainage plan prepared in a manner consistent with the requirements of Chapter 18.30 JCC, including any soil test information as may be deemed necessary by the director of the department of public works;

The estimated quantities of any fill to be exported from the site and imported to the site; and

Documentation of water availability and adequacy for each parcel affected sufficient to meet the requirements of JCC § 18.30.030.

The preliminary plat shall be prepared by a Washington State licensed engineer or land surveyor registered or licensed by the state of Washington. The preparer shall certify on the plat that it is a true and correct representation of the lands actually surveyed. The preparation of the plat shall comply with the Survey Recording Act, Chapter 58.09 RCW and Chapter 332-130 WAC, as now adopted or hereafter amended. Upon surveying the property, the surveyor shall place temporary stakes on the property to enable the county to locate and assess features of the long plat in the field. The datum to be used for all surveying and mapping shall be as follows: The projection name is the state plane; the projection spheroid is GRS 1980; the coordinate system is the Washington State Plane North Zone; and the horizontal datum is NAD 83.

All geographic information portrayed by the preliminary plat shall be accurate, legible and drawn to a horizontal scale of 50 feet or fewer to the inch, except that the location sketch and typical roadway cross-sections may be drawn to any other appropriate scale.

A preliminary plat shall be 18 inches by 24 inches in size, allowing one-half-inch borders, and if more than one sheet is needed, each sheet shall be numbered consecutively and an index sheet showing the entire property and orienting the other sheets, at any appropriate scale, shall be provided. In addition to other map submittals, the applicant shall submit one copy of each sheet reduced to 8-1/2 inches by 11-1/2 inches in size. If more than one sheet is required, an index sheet showing the entire subdivision with road and highway names and block number (if any) shall be provided. Each sheet, including the index sheet, shall be of the above-specified size.

The area of each proposed lot or parcel depicted on the long plat map shall accurately show that each lot, tract or parcel contains sufficient area to satisfy minimum zoning requirements. The area of land contained in access easements, access panhandles or pipestem configurations shall not be included in the lot size computations.

A preliminary plat shall be submitted on one or more sheets and shall provide the following information. All specifications for public improvements shall conform to the standards contained in Chapter 18.30 JCC, including any standards incorporated therein:

The preliminary plat shall contain a vicinity sketch sufficient to define the location and boundaries of the proposed subdivision with respect to surrounding property, roads, and other major constructed and natural features.

Except as otherwise specified in this chapter, the preliminary plat shall contain the following existing geographic features, drawn lightly in relation to proposed geographic features:

The preliminary plat shall show the following proposed geographic features:

Upon review of an application, the administrator may require additional pertinent information as needed to satisfy any other regulatory requirements. The administrator may also waive specific submittal requirements determined to be unnecessary for review of an application. In such event, the administrator shall document the waiver in the project file or log.

Long subdivisions shall be given preliminary approval, including preliminary approval subject to conditions, upon finding by the county that all of the following have been satisfied:

Notwithstanding approval criteria set forth in subsection (1) of this section, in accordance with RCW 58.17.120, as now adopted and hereafter amended, a proposed subdivision may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed subdivision lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county shall not approve the preliminary plat unless:

Pursuant to RCW 84.56.345 current year and any delinquent taxes must be paid before approval of any subdivision.

An application for a full subdivision shall be processed according to the procedures for Type III land use decisions established in Chapter 18.40 JCC.

The administrator shall solicit comments from the director of the department of public works, the chief of the fire district in which the proposal is located, local utility providers, sheriff, building official, school district in which the proposal is located, adjacent jurisdictions if the proposal is located within one mile of a city or other jurisdiction, Washington State Department of Transportation, if the proposal is adjacent to a state highway, and any other state, local or federal officials as may be necessary.

Based on comments from county departments, applicable agencies and other information, the administrator shall review the proposal subject to the criteria contained in JCC § 18.35.310. A proposed long subdivision shall only be approved when consistent with all the provisions of JCC § 18.35.310.

An applicant for a long subdivision may request that certain requirements established or referenced by this chapter be modified. Such requests shall be processed according to the procedures for variances in Chapter 18.40 JCC, and shall satisfy the criteria contained in Article IV of Chapter 18.40 JCC, Variances.

Minor modifications to a previously approved preliminary long plat may be requested by the applicant and approved by the administrator subject to the provisions for Type I decisions in Chapter 18.40 JCC; provided, that the modification does involve any of the following:

Before approving such an amendment, the administrator shall make written findings and conclusions documenting the following conditions:

Modifications that involve the circumstances described in subsection (1) of this section, or exceed the criteria set forth in subsection (2) of this section, shall be processed as a new preliminary long plat application.

The final plat shall be prepared by a land surveyor licensed by the state of Washington or a Washington state licensed engineer.

Six paper copies of the final long plat shall be submitted, measuring 18 inches by 24 inches in size, allowing one-half inch for border.

A final long plat shall contain the following information:

All signatures or certifications appearing on a final plat shall in be reproducible black ink.

In cases where any deed covenants or restrictions, including any CC&Rs, will apply to lots or parcels within a subdivision, a typewritten copy of such covenants bearing all necessary signatures shall be submitted along with the final plat.

The final plat shall be accompanied by a complete survey of the section or sections in which the plat or replat is located, or as much thereof as may be necessary to properly orient the plat within such section or sections. The plat and section survey shall be submitted with complete field and computation notes, showing the original or re-established corners, with the description of the same, and the actual traverse showing error or closure and method of balancing. A sketch showing all distances, angles and calculations required to determine corners and distances of the plat shall accompany this data. The allowable error of closure shall not exceed one foot in 10,000 feet.

The final plat shall be accompanied by a current (within 30 days) title company certification of:

The applicant shall provide the director of the department of public works with a computer disk containing a complete set of the final plat maps and as-built drawings on CADD(c) or other GIS-compatible software as acceptable to the director of the department of public works.

All documents submitted under this section shall contain the name of the subdivision and the name and address of the subdivider.

All maintenance, performance and guarantee bonds or other guarantees as may be required by the director of the department of public works and the improvement method report to guarantee the acceptability and/or performance of all improvements. For all improvements constructed after final plat approval, reproducible as-built drawing and CADD(c) files shall be submitted within 15 days of completion of construction.

Applications for final long plat approval shall be made on forms provided by the department along with the fee established in the Jefferson County fee ordinance.

Applications for final plat approval shall be processed according to the procedures for Type IV land use decisions established in Chapter 18.40 JCC, and shall be approved, disapproved, or returned to the applicant within 30 days of their filing, unless the applicant consents to an extension of time in writing.

Applications for final plat approval shall be submitted within five years of the date of the preliminary plat approval.

The final plat map shall be prepared in accordance with JCC § 18.35.300 and § 18.35.320.

Prior to final approval, with the exception of the recording certificate, the applicant shall obtain all signatures and certifications on the face of the plat in accordance with JCC § 18.35.370.

Approval of a preliminary long plat shall be valid as follows:

No extensions shall be granted. A plat granted preliminary approval but filed for final long plat approval following the applicable time period shall be null and void. The department of community development shall not be responsible for notifying the applicant of an impending preliminary long plat expiration.

Any lots in a final long plat filed for record on or after January 1, 2015, shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing.

Any lots in a final long plat filed for record on or before December 31, 2014, shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing.

Any lots in a final long plat filed for record on or before December 31, 2007, and not located within shoreline jurisdiction, subject to Chapter 90.58 RCW, shall be a valid land use notwithstanding any change in zoning laws for 10 years from the date of filing.

A long subdivision shall be governed by the terms of approval of the final long plat, and the statutes, ordinances and regulations in effect on the date of preliminary long plat approval for a period after final long plat approval as provided in subsections (1), (2) and (3) of this section unless the board of county commissioners finds that a change in conditions creates a serious threat to the public health or safety of residents within or outside the subdivision.

The original shall be returned to the applicant after it has been forwarded to the county auditor for recording;

Prior to the issuance of any building permits, one recorded reproducible copy shall be transmitted to the director of the department of public works;

One recorded paper copy shall be retained in the files of the department of community development; and

One recorded paper copy shall be provided to the building official for assignment of addresses.

No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved long subdivision prior to a determination by the relevant fire district chief or designee that adequate fire protection and access for construction needs exists.

No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved long subdivision until the applicant complies with the improvement method report, all requirements of the department of public works certificate of improvements, and all requirements of the final plat approval.

No occupancy permit for a structure other than a temporary contractor's office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved long subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel to the satisfaction of the director of the department of public works and county building official.

The use of a binding site plan to divisions of land for sale or lease of mixed use, commercial or industrial zoned property where the applicant proposes a unified scheme of development;

Divisions of property for residential, commercial or industrial condominium development as provided for in JCC § 18.35.470; and

Planned rural residential developments (PRRDs) proposed under Article VI-M of Chapter 18.15 JCC where full short or long subdivision of the land into separate, legally segregated lots, tracts or parcels is not required.

A land division is proposed as a condominium and does not result in the subdivision of land into separately owned lots in accordance with the definition for short, long, or unit lot subdivisions, but subjects a portion of a lot, tract or parcel to Chapter 64.34 RCW (the "Condominium Act") subsequent to the recording of a binding site plan for all such land;

The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan proposed for a condominium project;

Jefferson County has approved a binding site plan for all such land; and

The binding site plan contains the following statement:

Applications for binding site plans shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance;

A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;

Mixed Use, Commercial and Industrial Binding Site Plans. In addition to materials required pursuant to subsections (1) and (2) of this section, a binding site plan application for mixed use, commercial or industrial proposals shall contain the same elements and information as a preliminary long plat, in accordance with JCC § 18.35.280, § 18.35.290 and § 18.35.300;

Binding Site Plan for Residential Condominiums. In addition the materials required pursuant to subsections (1) and (2) of this section, a binding site plan for residential condominiums shall conform to the requirements of Chapter 64.34 RCW, the "Condominium Act." The applicant shall submit a sworn declaration from a registered land surveyor licensed in the state of Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended, have been satisfied. The county shall not be responsible for verification that the proposal complies with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The applicant shall submit five copies of the binding site plan map for review. The site plan shall have dimensions of 18 inches by 24 inches and must be prepared by a registered surveyor licensed in the state of Washington. In addition to the requirements of Chapter 64.34 RCW, the binding site plan map must include the following information:

Binding site plans shall be approved upon showing that all of the following have been satisfied:

Notwithstanding the approval criteria set forth in subsection (1) of this section, a proposed binding site plan may be denied because of flood, inundation or swamp conditions. Where any portion of the proposed binding site plan lies within both a flood control zone, as specified by Chapter 86.16 RCW, and either the 100-year floodplain or the regulatory floodway, the county shall not approve the binding site plan unless:

An application for a binding site plan approval shall be processed according to the procedures for Type III land use decisions established in Chapter 18.40 JCC.

The administrator shall solicit comments from the director of the department of public works, the chief of the fire district in which the proposal is located, local utility providers, sheriff, building official, school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local, state or federal officials as may be necessary.

Based upon comments from county departments and applicable agencies, and other information, the administrator shall review the proposal subject to the criteria of JCC § 18.35.490. A proposed binding site plan shall only be approved when consistent with all the provisions of JCC § 18.35.490. Binding site plan approval may be based upon certain delineated conditions. The county shall make written finding and conclusions documenting compliance with all approval criteria. A binding site plan shall be granted preliminary approval only, until all improvements are installed or the county has received adequate guarantees or assurances of future installation of improvements.

Upon satisfying all conditions of approval, if any, and satisfying all requirements of Chapter 18.30 JCC and any incorporated standards for the installation of all improvements, the administrator shall administratively approve the final binding site plan for filing with the Jefferson County assessor. The final binding site plan shall conform to the requirements of JCC § 18.35.370 and § 18.35.380, as applicable.

For all condominium projects, prior to final approval, the applicant shall obtain the written approval from the Jefferson County assessor of the condominium CC&Rs.

Binding site plans may be modified only if the modification is minor in nature and the original intent of the recorded binding site plan is not changed and if the modification does not adversely impact public health and safety, the environment, or the delivery of services to the site. The proposed modification must be clearly shown and be accompanied by a letter of explanation and application for a plat alteration. Upon administrative approval of such modification, the modifications shall become part of the binding site plan. If the proposed modification constitutes a substantial modification, the proposal shall be processed as a new binding site plan application.

Prior to issuance of any building permit or other site development permits, including, but not limited to, clearing and grading permits, a binding site plan may be vacated as a whole only. Vacating a binding site plan releases all conditions and obligations on the parcel associated with such plan. A binding site plan may be vacated with the submission to DCD of a letter of intent to vacate the binding site plan. The letter shall become binding upon its acceptance by the administrator. If the binding site plan has been recorded with the Jefferson County auditor, notice of the vacation shall be recorded on forms acceptable to the Jefferson County auditor.

After issuance of any building or other site development permits, including, but not limited to, clearing and grading permits, the process for vacation of all or part of a binding site plan is identical to the process for initial binding site plan approval.

Upon approval, a binding site plan shall follow the procedures of JCC § 18.35.420.

After approval of the general binding site plan for commercial or industrial divisions, the approval for improvements and finalization of specific individual commercial and industrial lots shall be done by administrative approval.

All provisions, conditions, and requirements of the binding site plan shall be legally enforceable on the purchaser of any other person acquiring a lease or other legal or property interest of any lot, tract, or parcel created pursuant to the binding site plan.

Any sale, transfer, or lease of any lot, tract or parcel created pursuant to the binding site plan, that does not conform to the requirements of the binding site plan, or without binding site plan approval, shall be considered a violation of this article.

Transportation Standards – Generally. All divisions of land covered by this chapter shall be served by appropriate transportation facilities, including roads and facilities for transit, pedestrians, and bicycles. Transportation facilities shall be adequate both the serve the division of land and to avoid adverse effects to the existing transportation system. If transportation facilities are inadequate, the applicant shall be required to make provision for all necessary improvements. Transportation facilities shall be deemed adequate if necessary improvements are planned and designated funding is secured in the Six-Year Transportation Improvement Program.

Road and Drainage Design and Construction Standards.

Water. All divisions of land shall comply with the requirements established by the Jefferson County department of health for the provision of water;

Wastewater Disposal. All divisions of land shall comply with the requirements established by the Jefferson County department of health for wastewater disposal; and

Storm Drainage. Stormwater flows from land divisions shall not adversely affect critical aquifer recharge areas. All divisions of land shall meet the regulations for critical aquifer recharge areas contained in Article VI-E of Chapter 18.15 JCC.

To allow modifications to approved short plats, binding site plans, and subdivisions including:

This section does not apply to alteration or replatting of any plat of state-granted tide or shore lands.

Applications for plat alterations shall be made on forms provided by the Jefferson County department of community development and shall be submitted to the department of community development, along with the appropriate fees established under the Jefferson County fee ordinance;

A completed land use permit application form, including all materials required pursuant to Chapter 18.40 JCC;

Current title company certification/plat certificate.

A copy of any covenants, conditions, and restrictions (CC&Rs), deed restrictions, easements, planned rural residential development (PRRD) agreements, or other encumbrances restricting the use of the property;

Five paper copies of the plat map and any surveys of record, with proposed alteration(s) or vacation(s) depicted in red ink.

An application for a plat amendment shall be processed according to the procedures for Type II land use decisions established in Chapter 18.40 JCC and the criteria listed in RCW 58.17.215;

Notice shall be given to the affected parties, a public hearing may be requested by a person receiving notice within 14 days of receipt of notice. When a public hearing is requested the application shall be processed according to the procedures for Type III decisions established in Chapter 18.40 JCC and the criteria listed in RCW 58.17.215;

The administrator shall solicit comments from the director of the department of public works, the chief of the fire district in which the proposal is located, local utility providers, sheriff, building official, school district in which the proposal is located, adjacent jurisdictions if the proposal is within one mile of a city or other jurisdiction, Washington State Department of Transportation if the proposal is adjacent to a state highway, and any other local, state or federal officials as may be necessary;

Based on comments from county departments, applicable agencies and other information, the administrator shall review the proposal subject to the criteria contained in this section. A proposed plat amendment shall only be approved when consistent with all the provisions of JCC § 18.35.690 and RCW 58.17.215.

Purpose. The primary purpose of these provisions is to establish a process which allows greater flexibility in the development of single-family detached and attached housing on lots which do not strictly conform to the development standards of Chapter 18.18 JCC and this title. For single-family attached and townhouse dwellings, the intent is to apply only those site development standards applicable to the parent site as a whole, rather than individual lot standards. For single-family detached dwellings, these standards are intended to provide an alternative to the traditional method of land division for creating sellable lots for townhouse and cottage housing developments.

Scope. The provisions of this chapter apply exclusively to the unit lot subdivision of land for single-family attached and detached housing in the Irondale and Port Hadlock urban growth area (PHUGA) where such uses are allowed.

Applicability.

Approval Process. Unit lot subdivisions of four or fewer lots shall be processed in the same manner as short plats, as a Type II permit pursuant to Article III of this chapter. Unit lot subdivisions of five or more lots shall be processed as long subdivisions, as a Type III permit pursuant to Article IV of this chapter.

Site Development Plan Approval Required. All developments using the unit lot subdivision process are required to submit a site development plan for review and approval as part of the land division application. The site plan must demonstrate compliance with the applicable regulations of Chapter 18.18 JCC and this title.

Chapter 18.05 JCC – Introductory Provisions;

Chapter 18.10 JCC – Definitions;

Chapter 18.15 JCC – Land Use Districts;

Chapter 18.19 JCC – Transitional Rural Development Standards of the Irondale and Port Hadlock Urban Growth Area;

Chapter 18.20 JCC – Performance and Use-Specific Standards;

Chapter 18.22 JCC – Critical Areas;

Chapter 18.25 JCC – Shoreline Master Program;

Chapter 18.30 JCC – Development Standards;

Chapter 18.35 JCC – Land Divisions;

Chapter 18.40 JCC – Permit Application and Review Procedures/SEPA Implementation;

Comprehensive Plan and GMA implementing regulations amendment process.

Development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area or dimensional standards of Chapter 18.18 JCC; provided, that overall development of the parent site meets the development and design standards of the underlying zoning and the requirements of this section. There shall be no minimum required lot area for individual lots for attached dwellings, provided the area of the unit lot shall be large enough to contain the dwelling unit and any accessory structures, decks, fences, garages, driveways, private yard areas, parking, landscaping or other improvements that are accessory to the dwelling unit; provided further, so long as conforming to the approved site development plan, such accessory improvements may encroach upon or be located in an adjoining unit lot or common area pursuant to an appropriate easement.

Overall development of the parent site shall meet the development and design standards of the underlying land use district.

Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and/or the homeowners' association must be executed for use and maintenance of common garage, parking and vehicle access areas, underground utilities, stormwater treatment and/or detention facilities, common open space, exterior building facades and roofs, and other similar features, and must be recorded with the Jefferson County auditor.

No building permit for a structure other than a temporary contractor's office or temporary storage building shall be issued for a lot or parcel within an approved unit lot subdivision until the applicant complies with all requirements of the final plat approval.

No occupancy permit for a structure other than a temporary contractor's office or other approved temporary building shall be issued for a structure on a lot or parcel within an approved unit lot subdivision prior to final inspection and approval of all required improvements which will serve such lot or parcel, to the satisfaction of the public works director and county building official.