(1)    The purpose of this Chapter is to ensure that:

(a)    Land is divided in a manner consistent with the County’s development code and with the requirements of RCW Chapter 58.17 governing the subdivision of land; and

(b)    Land that was illegally divided is not eligible for permits, consistent with RCW 58.17.210; and

(c)    A person who illegally divides land is not unjustly enriched; and

(d)    A person is not denied reasonable use of their property.

(2)    This Chapter adopts criteria for:

(a)    Determination of whether a lot is a legal lot, and therefore eligible for sale, lease, or transfer; and

(b)    Determination of whether a legal lot is eligible for project permits. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to all land within the unincorporated jurisdiction of Skagit County, and all land divided at all times since the establishment of the County.

(2)    No variance from this Chapter is permitted. (Ord. O20250005 § 2 (Exh. A))

The following terms of art were used in earlier versions of this Code but have been deprecated and replaced with the term “legal lot”:

(1)    Lot of record: any lot platted or legally created under a Skagit County subdivision ordinance on or after March 1, 1965; any tract of land divided by metes and bounds or fractional section description or platted and recorded with the auditor prior to March 1, 1965; or any tract of land defined by metes and bounds or fractional section description and conveyed by notarized deed prior to March 1, 1965.

(2)    Legal lot of record: a definition used prior to the adopting of the June 20, 2000, Unified Development Code referring to a lot of record meeting the aggregation requirements of SCC 14.70.040 (as formerly codified). (Ord. O20250005 § 2 (Exh. A))

(1)    A legal lot is eligible for sale, lease, or transfer. Property that is not a legal lot is not eligible for sale, lease, or transfer, except for the purpose of aggregation in SCC 14.70.080.

(2)    A lot qualifies as a legal lot if it meets any of the following criteria:

(a)    The lot has been certified as a legal lot or lot of record by Skagit County through a lot certification;

(b)    The lot was properly divided under Skagit County’s land division code in effect at the time of division;

(c)    The lot was created prior to Skagit County’s first land division ordinance by being:

(i)    Defined by metes and bounds or fractional section description or platted; and

(ii)    Recorded with the auditor or conveyed by notarized deed prior to March 1, 1965;

(d)    The lot was created through testamentary provisions or the laws of descent;

(e)    The lot was created through application of some other exception in RCW 58.17.040.

(3)    Exception for Innocent Purchaser.

(a)    A lot that does not meet the requirements of Subsection (2) of this Section may nonetheless qualify as a legal lot if all of the following criteria apply:

(i)    The owner did not have actual notice that the lot was not a legal lot;

(ii)    The owner purchased the property for value, as required by RCW 58.17.210;

(iii)    The owner has not previously been determined an innocent purchaser for any County lot;

(iv)    The lot does not have a recorded lot certification indicating it is not a legal lot (nor lot of record).

(b)    To qualify under this Subsection (3), the owner file a notarized affidavit of innocent purchase demonstrating compliance with the criteria above with the County on forms satisfactory to the Director and Prosecuting Attorney.

(c)    All contiguous lots created in violation of this Title under the same ownership at the time of application for innocent purchaser status must be recognized only as a single lot and be combined through a boundary line adjustment with a new legal description reflecting the legal description of the new lot(s) after being combined.

(d)    As an alternative to the exception under this Subsection (3), an innocent purchaser may rescind the sale or transfer of the subject property and recover the costs of investigation, suit, and reasonable attorney fees as provided in RCW 58.17.210. (Ord. O20250005 § 2 (Exh. A))

(1)    A lot is eligible for project permits only if:

(a)    The lot is a legal lot; and

(b)    The lot is not restricted from development by prior County decision or action (e.g., plat notes, open space designation); and

(c)    The lot is either:

(i)    Equal to or larger than the minimum lot size for its zone; or

(ii)    Meets the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement.

(2)    A lot that meets criteria in Subsections (1)(a) and (1)(b) of this Section but not Subsection (1)(c) of this Section is eligible for certain nonresidential project permits as described in SCC 14.70.070. (Ord. O20250005 § 2 (Exh. A))

A lot qualifies for an exception from the minimum lot size requirement in SCC 14.70.050(1)(c) if it meets one of the following criteria:

(1)    The lot has previously been issued lot certification by Skagit County;

(2)    The lot was created through testamentary provisions or the laws of descent and met the lot size requirement at the time of division;

(3)    The lot was properly platted and approved by Skagit County on or after March 1, 1965;

(4)    The lot has had an existing dwelling unit since at least July 1, 1990;

(5)    The lot has an existing dwelling unit that obtained a building permit for its construction;

(6)    The lot is assessed as part of the Edison Subarea of the Skagit County Clean Water District per SCC Chapter 12.64;

(7)    The lot received an approval for an individual water system for the lot pursuant to SCC Chapter 12.48 prior to June 1, 1997, and the well has been installed;

(8)    The lot received a permit for an on-site sewage system pursuant to SCC Chapter 12.05 prior to January 1, 2004, and either that permit is still valid, or the system has been installed;

(9)    The lot has been issued a project permit that vests future structure(s) per SCC 14.06.190;

(10)    The lot is at least one acre and meets at least one of the following criteria:

(a)    The lot has had a water meter or sewer service connection since January 1, 2004;

(b)    The owner or a preceding owner paid or is still paying water or sewer assessments for ULID or LID that was established prior to January 1, 2004;

(11)    The lot is at least one acre and meets all of the following criteria:

(a)    The lot is located in an urban growth area;

(b)    The lot can satisfy the requirements of the Skagit County Code for water and wastewater;

(12)    The lot was legally created either prior to March 1, 1965, or was exempt from subdivision requirements at the time it was created, and meets one of the following requirements:

(a)    The lot is one acre or larger and is located in the Rural Village Residential or Rural Intermediate zone (but not located on Guemes Island, or Fidalgo Island outside of any urban growth area);

(b)    The lot is five acres or larger and is located in the Rural Reserve zone;

(c)    The lot is 10 acres or larger and is located in a Rural Resource—Natural Resource Lands or Secondary Forest—Natural Resource Lands zone;

(d)    The lot meets the requirements for residential development in the Industrial Forest—Natural Resource Lands designation in SCC 14.18.102;

(e)    The lot is one-quarter acre or larger and is located in the Bayview Ridge Residential zone. (Ord. O20250005 § 2 (Exh. A))

A lot that meets the criteria in SCC 14.70.050(1)(a) and (1)(b) but not the minimum lot size criteria in SCC 14.70.050(1)(c) is eligible for specified nonresidential project permits as follows:

(1)    In the Natural Resource Land zones, the lot is eligible for project permits for all uses allowed in its zone except a residential use (Part 1 of SCC Chapter 14.18) or any other use that is accessory to a residence (e.g., home-based business or family day care provider) so long as no conversion of natural resource land is required to accommodate the use.

(2)    In the zones in the table below, the lot is eligible for project permits for the following nonresidential uses:

(Ord. O20250005 § 2 (Exh. A))

(1)    This Section applies to a lot that:

(a)    Does not meet the minimum lot size requirement in its zone;

(b)    Does not meet the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement; and

(c)    Is contiguous to other lots that have been held in common ownership at any time since July 1, 1990.

(2)    To be eligible for project permits, a lot to which this Section applies must be aggregated, through a boundary line adjustment, with other contiguous lots, up to the minimum lot size.

(3)    Exceptions.

(a)    A lot where ownership has been transferred since July 1, 1990, in compliance with all zoning and aggregation provisions at the time of the transfer is not required to be aggregated.

(b)    A lot included in a plat is not required to be aggregated with unplatted land or lots in other plats under this Section.

(4)    If aggregation of all qualifying contiguous lots does not result in (a) a lot that is equal to or greater than the minimum lot size, or (b) a lot that qualifies for an exemption from the minimum lot size requirement in SCC 14.70.060, the lot may be eligible for a reasonable use exception per SCC 14.70.090. (Ord. O20250005 § 2 (Exh. A))

(1)    This Section applies to a lot that:

(a)    Meets the criteria in SCC 14.70.050(1)(a) and (1)(b) but not the minimum lot size criteria in SCC 14.70.050(1)(c) nor meets the criteria in SCC 14.70.060 for an exception from the minimum lot size requirement;

(b)    Does not qualify for aggregation under SCC 14.70.080 or has been aggregated as required by SCC 14.70.080 and is still smaller than the minimum lot size in the zone; and

(c)    Is not located in a Natural Resource Land zone (where natural resource production is already deemed a reasonable use).

(2)    To be eligible for project permits, the owner of a lot to which this Section applies may request a reasonable use exception for a specified use on the lot. The owner must demonstrate all of the following:

(a)    The lot has not been owned with any other contiguous lots with the same zoning designation at any time since July 1, 1990;

(b)    The proposed use can otherwise satisfy all other requirements of the Skagit County Code;

(c)    The proposed use does not require extension of, or installation of, urban levels of service outside of an urban growth area.

(3)    The effect of a reasonable use exception is to allow applications and permits for the use specified on the subject lot. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to a revision to lot boundaries where the revision does not result in the creation of an additional lot.

(2)    Resolution of a dispute over location of a point or line per RCW 58.04.007 is exempt from this Chapter. (Ord. O20250005 § 2 (Exh. A))

In addition to the application requirements of SCC 14.06.230, an application for a boundary line adjustment must include all of the following:

(1)    Calculation of existing and proposed lot sizes in acres;

(2)    The signatures of the owner of every subject lot, consenting to the proposed adjustment;

(3)    A map that clearly depicts the existing and proposed adjusted boundaries of all subject lots that:

(a)    Conforms to the Department’s standards for boundary line adjustments;

(b)    Conforms to the Auditor’s requirements for recording;

(c)    If the application proposes to alter more than one boundary line, is prepared by a licensed surveyor;

(d)    If the application proposes to alter the boundaries of more than two lots, a record of survey compliant with RCW Chapter 58.09 and WAC 332-130-050 is required;

(4)    Lot certifications for the subject lots;

(5)    A title report showing all persons having an ownership interest in the subject lots, including the legal description of the subject lots, and listing all encumbrances affecting the subject lots, issued within 30 days prior to date of application;

(6)    Legal descriptions of the proposed adjusted lots that are certified by a licensed surveyor or title company. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a boundary line adjustment is subject to the type of review specified in SCC 14.06.150.

(2)    An application for a boundary line adjustment must be reviewed for consistency with all of the following:

(a)    This Chapter;

(b)    SCC Title 14 Division 1, Zoning and Land Uses;

(c)    SCC Chapter 14.48, Shorelines;

(d)    Applicable Board of Health regulations;

(e)    For lots with existing development, International Fire and Building Codes for required setbacks. (Ord. O20250005 § 2 (Exh. A))

(1)    No Additional Lot May Be Created. A boundary line adjustment may not result in the creation of an additional lot.

(2)    Minimum Lot Area. A boundary line adjustment may not:

(a)    Result in the creation of a lot that does not meet the dimensional criteria applicable to the lot for its zone, unless the boundary line adjustment is pursuant to SCC 14.76.200 (One-acre segregation for agricultural land preservation) or SCC 14.70.080 (for lot aggregation), in which case the lots may be combined through a boundary line adjustment, even if the resulting lot still does not meet the dimensional criteria for the zone;

(b)    Result in a lot that would not meet the requirements of SCC Chapter 14.24, Critical Areas;

(c)    Result in a lot that would not qualify as a building site pursuant to Board of Health requirements for sewer and water; or

(d)    Reduce the overall area in a land division allocated to open space.

(3)    Multiple Zones on the Same Lot.

(a)    A boundary line adjustment may not result in a lot located partially within unincorporated Skagit County and another county or a city.

(b)    A boundary line adjustment may not result in multiple zones on a single lot, unless no other alternatives exist.

(4)    Consistency With Approved Land Division. A boundary line adjustment may not be inconsistent with any restrictions or conditions of approval for its associated plat or short plat. (Ord. O20250005 § 2 (Exh. A))

(1)    Transfer of property ownership of the adjusted area may not occur prior to the Department’s approval of the proposed boundary line adjustment.

(2)    Approval of the proposed boundary line adjustment must be conditioned on there having been no intervening changes to the ownership of property subject to the application, as shown in the title report submitted with the application, or a more recent version if subsequently provided.

(3)    Prior to approval, documentation authorizing the transfer of property ownership must be placed on the boundary line adjustment map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. (Ord. O20250005 § 2 (Exh. A))

(1)    An approved boundary line adjustment expires if not recorded prior to the limitations on time to record in SCC 14.06.510.

(2)    The final document to be recorded must be signed by all persons having an ownership interest within the property subject to the boundary line adjustment, and their signatures must be acknowledged by a notary public.

(3)    When an approved boundary line adjustment is recorded, the Department must issue lot certification for the adjusted lots and include the lot certification as a note on the recorded document. (Ord. O20250005 § 2 (Exh. A))

The intent of this Chapter is to carry out the policies of the Comprehensive Plan, the Countywide Planning Policies, and the laws of the State of Washington relating to land division. (Ord. O20250005 § 2 (Exh. A))

(1)    This Chapter applies to all divisions and redivisions of land for the purposes of sale, lease, or transfer.

(2)    This Chapter applies to all types of land divisions, including CaRDs and binding site plans.

(3)    Exceptions. Consistent with RCW 58.17.040, this Chapter does not apply to:

(a)    Cemeteries and other burial plots while used for that purpose;

(b)    Divisions made by testamentary provisions, or the laws of descent, except that use of the newly created parcels may be limited by SCC Chapter 14.70;

(c)    Divisions of land into lots 80 acres and greater (for purposes of computing the size under this exemption of any lot that borders on a street or road, the lot size may be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline);

(d)    A division for the purpose of leasing land for facilities providing wireless facility services while used for that purpose;

(e)    Any other exemption in RCW 58.17.040. (Ord. O20250005 § 2 (Exh. A))

(1)    All land divisions are accomplished via one of the following processes:

(a)    A short subdivision (for division into four or fewer lots);

(b)    A long subdivision (for division into five or more lots); or

(c)    A binding site plan (for division into any number of commercial/industrial lots).

(2)    Each short or long subdivision is one of the following:

(a)    A standard land division;

(b)    A one-acre segregation for agricultural land preservation per SCC 14.76.200;

(c)    A one-acre-lot Urban Reserve Residential (URR) land division per SCC 14.76.300; or

(d)    A unit lot subdivision, which may also be a portion of another land division, per SCC 14.76.400; or

(e)    A conservation and reserve development (CaRD) land division per SCC Chapter 14.78.

(3)    Each land division requires a two-stage approval process as described in this Chapter:

(a)    Preliminary approval, whereby the layout of lots is approved;

(b)    Final approval, whereby the installation of improvements and infrastructure is reviewed for consistency with preliminary approval, the land division is finalized, and lots are authorized for sale.

(4)    Two or more contiguous lots in any common ownership may be divided through a short subdivision into a maximum of eight lots. Five years must pass before another contiguous short subdivision in common ownership interest may be approved. (Ord. O20250005 § 2 (Exh. A))

(1)    Only a legal lot (as determined per SCC Chapter 14.70), or a combination of two or more contiguous legal lots, may be divided.

(2)    Only land within an official designated boundary of a Skagit County Fire Protection District may be divided, unless the division is to divide land for sale only and no development right is desired.

(a)    In the Industrial Forest—NRL zone, a parcel must have been within the boundaries of a fire district as of July 26, 2005, to be considered for development additional to that which is allowed pursuant to SCC 14.10.080(2)(c). The one exception is for land divisions for residential purposes on certain saltwater islands, as further described and allowed under SCC 14.10.080(2)(d).

(b)    Prior to approval of any residential land division outside of a Skagit County Fire District, there must be a water supply to each lot that meets the minimum flow and pressure requirements for operation of a fire sprinkler system installed per National Fire Protection Association (NFPA) 13D or such other fire protection system as approved by the Skagit County Fire Marshal.

(3)    If any portion of a proposed land division is located within a flood control zone as provided in RCW Chapter 86.16, written approval must be obtained from the State Department of Ecology per RCW 58.17.120.

(4)    If the lot to be divided was created through a prior short subdivision, at least five years must have passed since the recording of such prior short subdivision. Additional short subdivisions on the remainder of such lands are not eligible for approval for five years unless the total divisions are less than four on a single legal lot or less than eight on two or more legal lots. In such instances, the total divisions may not total more than four or eight, respectively, during the five-year period. (Ord. O20250005 § 2 (Exh. A))

(1)    Applicability.

(a)    This Section applies to all types of land divisions.

(b)    In addition to all other applicable provisions of Skagit County Code, a land division must comply with the provisions of this Section and any applicable standards in SCC Chapters 14.76 through 14.79.

(2)    Minimum Lot Size. The land division must meet the size requirements in the underlying zone or the alternatives in SCC Chapters 14.76 through 14.79, as applicable.

(a)    For the purpose of determining the gross acreage of a proposed land division, the acreage includes the area that would be bounded by the centerline of any existing public road or street, that is adjacent to the land division, and the side lot lines of the lot running perpendicular to such centerline.

(b)    For the purposes of determining whether proposed lots within a proposed land division meet the minimum lot size of the zone, the proposed lot acreage includes:

(i)    The area that would be bounded by the centerline of any existing public road or street that is adjacent to the lot and the side lot lines of the lot running perpendicular to such centerline; and

(ii)    The area that would be bounded by the centerline of any proposed public or private road or street, which is adjacent to the lot and internal to the land division, and the side lot lines of the lot running perpendicular to such centerline.

(c)    For a public safety facility in certain zones, the Director may reduce the minimum lot size required for a land division per SCC 14.10.100.

(3)    Access. Each lot within a land division must have approved access to a street conforming to County road standards, unless an alternative standard has been approved by the County Engineer in a pre-application meeting and documentation of such approval is submitted with the development application. To ensure safe and adequate access, the County Engineer:

(a)    May approve private streets if (i) the private street requirements contained in the County road standards as adopted in SCC Chapter 14.66 are met, and (ii) adequate provision is made for access to the private street by future land divisions;

(b)    May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways, in accordance with the County road standards;

(c)    Must be satisfied that the applicant has demonstrated sufficient access right, and appropriate pro rata contributions for the entire access route, where access to the land division is gained via a private road;

(d)    Must require off-site improvements to public or private streets needed to provide access from the subdivision to a road acceptable to the County Engineer; and

(e)    Must ensure that the number of lots to be served by the road system complies with the road standards.

(4)    If access is proposed off of a State highway, a State access permit must be obtained by the applicant. The access permit must be approved prior to the start of construction of on-site improvements, or final plat, whichever is sooner.

(5)    Safe Walking Conditions for School Children. In cases where a school is located within a quarter mile of a long subdivision, where it is likely the children will walk to school, information regarding pedestrian needs generated by the project will be required and reviewed. Where deemed necessary, safe walkways between the land division and the school may be required.

(6)    Public Street Rights-of-Way. Dedication or deeding to the County of right-of-way or a portion thereof for public streets is required within or along the boundaries of all land divisions or of any lot(s) within them where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development and where one or more of the following circumstances are met:

(a)    The County’s transportation plan indicates the necessity of a new or additional right-of-way or portion thereof for street purposes;

(b)    The dedication is necessary to extend or to complete the existing or future neighborhood street pattern to provide a public transportation system that supports future development of abutting property consistent with the Skagit County Comprehensive Plan or Skagit County Zoning Code;

(c)    Where necessary to provide additions of right-of-way to existing County right-of-way to meet County road standards.

(7)    Minimum road frontage of each lot must be 70 feet except when located on a cul-de-sac, then 40 feet. Individual lots may be accessed by a 20-foot right-of-way. Panhandled lots may only be allowed if there is no other feasible access, as determined by the Director in a pre-application meeting and documentation is submitted with the development application. Newly constructed contiguous or adjoining easements for access purposes are not permitted.

(8)    Parkland and Facilities. The developer must either provide parkland and facilities within the land division in accordance with the standards in the Skagit County Comprehensive Park and Recreation Plan or pay a fee in lieu of required land or facilities or both.

(9)    Open Space Corridors. Open space easements must be provided by any land division when such divisions are located within any community or regional open space corridor identified by the Skagit County Park and Recreation Plan. The residents or lot owners of the development must be provided access to the open space easement. The area of the open space easement must be counted as part of the site for purposes of density and floor area calculations. Maintenance of the open space easement is the responsibility of the County.

(10)    Evidence must be supplied from the applicable purveyor of the availability of water to serve the projects and adequate provision for sewage disposal. The method of sewage disposal must also be provided, including soil data, if individual sewage disposal is to be used, or if public sewer or community septic disposal is used, the name of the system. If individual wells are to be utilized, documentation approving the well sites must be provided, pursuant to SCC Chapter 12.48. A land division within a seawater intrusion area (as defined in SCC 14.24.380) may not propose to use a well where chloride levels are 200 ppm or greater.

(11)    Concurrency of services, per SCC Chapter 14.62.

(12)    A proposed land division that borders waters of the state may be required to provide public access to and along such waters pursuant to the County’s Shoreline Master Program.

(13)    Stormwater. Permanent stormwater facilities must be designed to accommodate all land and planned development within a land division. The Director may require facilities to be designed for individual lots or groups of lots within the proposed land division.

(14)    For a subdivision of more than 10 lots, a public transit stop must be provided in coordination with Skagit Transit if the project is located on a transit route. (Ord. O20250005 § 2 (Exh. A))

(1)    Pursuant to RCW 58.17.300, it is a gross misdemeanor to sell, offer for sale, lease, or transfer any lot, tract, or parcel of land in violation of RCW Chapter 58.17 or this Chapter.

(2)    Each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel is a separate and distinct offense.

(3)    This Chapter may also be enforced per SCC Chapter 14.09. (Ord. O20250005 § 2 (Exh. A))

(1)    In addition to the application requirements of SCC 14.06.230, an application for preliminary approval of a land division must include:

(a)    A preliminary land division map, prepared by a registered engineer or a registered land surveyor, that includes the following:

(i)    The name and address of all owners of record, the developer, and the registered land surveyor or registered engineer preparing the plat;

(ii)    Legal description of the boundaries of the land;

(iii)    A certificate by a registered land surveyor certifying that the boundaries of the land have been surveyed and monumented and that all distances and bearings on the preliminary plat are accurate;

(iv)    Section map showing the boundary of the plat in relation to the section, with notation of Section, Township, and Range. This information may be done as an insert drawn to a convenient scale or included within the boundary of the parcel as approved by the Director;

(v)    A vicinity sketch at a minimum scale of two inches equals one mile;

(vi)    Number and dimensions of all proposed lots and tracts, which must be sequentially numbered or lettered;

(vii)    The square footage and acreage of each individual lot;

(viii)    Total acreage of the portion to be platted, adjacent tracts when under the same ownership, and of individual phases;

(ix)    The date, scale (written and graphic), and a north arrow;

(x)    The scale must be provided suitable to the size of the project;

(xi)    Existing structures including building envelopes and building setback lines;

(xii)    The layout of existing and conceptual horizontal layout of proposed roads and utilities, including existing and proposed easements;

(xiii)    The location of municipal boundaries, township lines, and section lines;

(xiv)    The location, width and names of existing and proposed roads;

(xv)    Additional right-of-way required for substandard roads. Proposed roads must be differentiated as such;

(xvi)    Names of all roads serving four or more existing or proposed lots;

(xvii)    Building front, rear and side setback lines with distance from the property line indicated. This may be shown by a typical insert;

(xviii)    All horizontal control survey work must be Class “3.” Angular error of closure must not exceed 20 feet √N. The total linear error of closure must not exceed 1/5,000;

(xix)    Maximum error in feet must not exceed +/- 0.26 feet;

(xx)    A survey of the portion of the section in which the plat is located showing the original or established corners, a description and the original traverse of the same showing error of closure and method of balancing must also be submitted. This is to be accompanied by a subdivision insert showing all calculations necessary to determine the corners and distances of the plat;

(xxi)    Floodway and floodplain lines;

(xxii)    Notation of flood hazard zone and map panel reference number;

(xxiii)    Protected critical area buffers pursuant to SCC Chapter 14.24, Critical Areas Ordinance;

(xxiv)    If the land division is to be served by a well or wells, the area reserved for the well and the protection of same must be shown on the plat;

(xxv)    The location of any wellhead protection areas within the subject property from any adjacent off-site wells;

(b)    A title report issued within 90 days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting said site;

(c)    A completed environmental checklist, if required by SCC Chapter 16.12, State Environmental Policy Act, and WAC Chapter 197-11;

(d)    Proposed articles of incorporation, bylaws, and covenants, conditions and restrictions (CC&Rs), if any;

(e)    If critical areas are present on the site or within 200 feet, a critical areas assessment pursuant to SCC Chapter 14.24;

(f)    The method of sewage disposal, including soil data, if individual sewage disposal is used, or if public sewer or community septic disposal is to be used, the name of the system, and letter of approval;

(g)    Compliance with all provisions outlined in SCC 12.48.240(1) (water requirements for land division) and any applicable State and Federal regulations regarding water use;

(h)    All restrictions proposed to be imposed on the use of the land;

(i)    A stormwater site plan per SCC Chapter 14.32;

(j)    Documentation of the date and method of original segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;

(k)    A list of any other permit applications having been filed for the same site;

(l)    Any required fees;

(m)    Any additional information determined to be necessary to demonstrate compliance with other portions of the Skagit County Code;

(n)    If any portion of a proposed land division is located within a flood control zone as provided in RCW Chapter 86.16, written approval from the State Department of Ecology per RCW 58.17.120; and

(o)    If access is proposed off of a State highway, evidence of the application for a state access permit.

(2)    Additional Requirements for a Long Subdivision. In addition to the requirements of Subsection (1) of this Section, an application for a long subdivision must include:

(a)    Ground contours with intervals of five feet or less;

(b)    Location, number, and description of types of any existing and proposed community recreational facilities on site;

(c)    A conceptual grading plan showing proposed clearing and vegetation retention pursuant to SCC Chapter 14.24 and proposed topography detailed to five-foot contours.

(3)    The Director may waive specific application requirements determined to be unnecessary for review of the application.

(4)    Phased Development.

(a)    An application that proposes to develop a site in phases must also include a phasing plan.

(b)    The phasing plan must describe any site improvements designed to relate to, benefit, or be used by the entire development (such as stormwater detention pond or tennis courts in a residential development); and must relate completion of such improvements to completion of one or more phases or stages of the entire development.

(c)    Once a phasing plan has been approved, the information contained therein must be shown on, or the phasing plan must be attached to and made a part of, the land division.

(d)    Approval of a phasing plan does not constitute approval of the land division. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for preliminary approval of a land division is subject to the type of review specified in SCC 14.06.150.

(2)    An application for preliminary approval of a land division must be evaluated for conformity with:

(a)    The requirements of this Chapter, especially SCC 14.74.050, General requirements;

(b)    The dimensional and other requirements of the applicable zone(s), or SCC Chapter 14.76, Standards for Special Land Divisions, or 14.78 Standards for CaRD Land Divisions, as applicable;

(c)    SCC Chapter 12.05, On-Site Sewage Code—Rules and Regulations;

(d)    SCC 12.48.240, Water requirements for land divisions;

(e)    SCC Chapter 14.24, Critical Areas;

(f)    SCC Chapter 14.32, Stormwater Management; and

(g)    SCC Chapter 14.62, Concurrency.

(3)    Based on the criteria in this Section, the proposed land division may be granted preliminary approval or approval with conditions, or may be denied. (Ord. O20250005 § 2 (Exh. A))

An application to revise a land division that has received preliminary approval, but not final approval, must comply with the following:

(1)    A revision that results in any substantial changes as determined by the Director, must be treated as a new application for purposes of vesting and must be reviewed under the same process required for a preliminary approval. For the purpose of this Section, substantial change includes:

(a)    The creation of additional lots;

(b)    Changes in access points that are inconsistent with the Road Standards; or

(c)    Changes in the proposal that lead to built or natural environmental impacts that were not addressed in the original approval.

(2)    When revising an approved preliminary land division to a CaRD, only half of the original application fees may be charged.

(3)    Approval of the following modifications by the Department are not substantial revisions:

(a)    Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary land division approval;

(b)    Changes in lot dimensions that are consistent with SCC Title 14 Division 1, Zoning and Land Uses, or the applicable provisions in SCC Chapter 14.76 or 14.78;

(c)    A decrease in the number of lots to be created. (Ord. O20250005 § 2 (Exh. A))

(1)    A preliminary land division must receive final approval for lots to be created and eligible for sale.

(2)    A preliminary land division must obtain final approval within the following time periods:

(a)    Preliminary short subdivision approval is valid for 36 months.

(b)    Preliminary long subdivision approval is valid for the time period listed in RCW 58.17.140, as amended.

(3)    If any condition is not satisfied and the final land division is not recorded within the approval period, the preliminary plat approval is null and void.

(4)    If the final plat is being developed in phases, the initial phase must be recorded within the approval period, or the land division is null and void. Additional phases may continue to have validity, based on a phasing schedule established by the preliminary approval.

(5)    Any applicant who has received preliminary short or long subdivision approval on or before September 1, 2011, who submits a request for extension in writing to the Director at least 30 days before the preliminary approval expiration date may be granted a one-year extension of the preliminary approval by the Director or designee upon a showing that the applicant has attempted in good faith to submit the final land division within the preliminary approval period set forth in Subsections (2)(a) and (2)(b) of this Section. Only five such extensions may be allowed.

(6)    Any applicant who has received preliminary short or long subdivision approval on or before April 1, 2014, who submits a request for extension in writing to the Director at least 30 days before the preliminary approval expiration date may be granted a one-year extension of the preliminary approval by the Director or designee upon a showing that the applicant has attempted in good faith to submit the final land division within the preliminary approval period set forth in Subsections (2)(a) and (2)(b) of this Section. Only 10 total extensions may be allowed pursuant to this Subsection and Subsection (5) of this Section.

(7)    Approval of any extension may contain additional or altered conditions and requirements, including a requirement that stormwater designs be updated to reflect stormwater requirements in effect at the time of the application for an extension. (Ord. O20250005 § 2 (Exh. A))

(1)    Engineering plans for roads and other proposed or conditioned public improvements must be prepared and submitted by the applicant and reviewed and approved by the County Engineer prior to the commencement of on-site clearing or construction activities and approval of the final subdivision.

(2)    Construction plans may be submitted for review during the pendency of the preliminary plat application, but may need to be revised after preliminary plat approval to conform to the conditions of approval. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of this Section is to specify provisions that must be satisfied prior to the final approval and recording of final land division maps, for those preliminarily approved long and short subdivisions. Issuance of building permits or sale or lease of lots within a land division is not permitted until the final land division is recorded with one exception. In recognition of the original building right, one building permit on the original parcel may be pursued during the subdivision process, so long as it conforms to the preliminary subdivision.

    In addition to the general application requirements of SCC 14.06.230, an application for final approval of a subdivision must include:

(a)    A final subdivision map drawn consistent with the specifications for a preliminary subdivision map in SCC 14.74.100 and showing:

(i)    A scale not less than 100 feet to the inch, unless otherwise determined by the Director, on maps 18 inches by 24 inches, with a two-inch border on the left edge, and one-half-inch border on all other sides;

(ii)    All existing monuments of record, courses and distance necessary to re-stake any portion of said plat from said map. All other surrounding property must be labeled in dotted lines whether platted or otherwise;

(iii)    Bearings of all lots, tracts, and centerlines of public and private roads within the project boundary;

(iv)    Individual lot accesses, distance of accesses to property lines, and road names;

(v)    A certificate giving a full and correct description of the lands divided as they appear on the plat, including a statement that the subdivision has been made with the free consent and in accordance with the desires of the owner or owners;

(vi)    Official seals of attesting officers and of the registered land surveyor who platted said property must be platted on the final tracing;

(vii)    The final plat must show acknowledgments, dedications, Treasurer’s certificate, approvals by the Chairman of the Board of County Commissioners, the Hearing Examiner, the County Engineer or Director of Public Works, the Director of Planning and Development Services, and the County Health Officer or their designees, and the certificate of the registered land surveyor who platted said property. Any conditions of approval will be noted on the face of the plat, or reference must be made to any recorded documents containing conditions of approval or any pertinent covenants and restrictions. The subdivision must contain all certifications required by the County based on the most current standard plat notes, plat water notes as required by SCC 12.48.240(3), and any other notes or certifications that the Director determines are necessary to satisfy the conditions of plat approval;

(viii)    All proposed lots less than five acres in size will require the well-protection zone(s) and approved on-site sewage system area(s) to be shown on all preliminary and final plat maps. If the well-protection zone exercises the right to provide this sanitary control of the land through other legal provisions, such as recorded covenants or easements, these must be depicted on or recorded references must be shown on the plat;

(ix)    When a private road is included in the land division the following note must be included on the final plat:

In no case may the County accept a dedication or any obligation as to any such road, street, and/or alley until the same and all roads, streets, and/or alleys connecting the same to the full, current County road system have been brought to full, current County Road Standards and a right-of-way deed has been transferred to and accepted by the County;

(x)    The final plat must contain a note that states:

(A)    The total amount of impervious surface that the common stormwater facility is designed to accommodate; and

(B)    For each lot, the amount of impervious surface that the common stormwater facility is designed to accommodate;

(b)    A certification from the Skagit County Treasurer’s Office that property taxes for the subject property are not delinquent;

(c)    A deposit to cover anticipated taxes and assessments, for the current year is required for final short subdivisions, and for the current year and next year for final long subdivisions;

(d)    All required fees, including required bonding, and fees in lieu;

(e)    An electronic copy of protective deed covenants, if applicable. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for final approval of a land division is subject to the type of review specified in SCC 14.06.150.

(2)    An application for final approval of a land division may be approved only if:

(a)    The application demonstrates conformity with all the conditions in the preliminary approval.

(b)    Each plat set or document must be stamped, signed, and dated by a professional surveyor.

(c)    The improvements required by the preliminary approval have been constructed, except that improvements may be bonded as allowed by:

(i)    SCC Chapter 14.66 for public works standards;

(ii)    SCC Chapter 12.05 for on-site sewage; and

(iii)    SCC Chapter 12.48 for drinking water.

(d)    If public sewer or community septic disposal is to be used, the system must be constructed and stub-outs provided to each lot or appropriately bonded pursuant to SCC 12.48.190 and SCC Chapter 12.05.

(e)    The design and construction of drainage facilities must comply with SCC Chapter 14.32, Stormwater Management, and any easement for inspection or maintenance required by that Chapter must be provided to Skagit County.

(f)    One-inch diameter iron pipes or one-half-inch rebar with identifying plastic cap must have been set at all lot corners (pipe length determined by soil conditions); cased monuments must be set in asphalt roads. Temporary staking may be substituted prior to and during construction. Final staking must be completed after utilities have been installed and roads constructed to subgrade standards.

(g)    Roads leading to or within a plat or subdivision, whether dedicated public roads or private roads, are constructed in compliance with Skagit County road standards unless otherwise approved by the County Engineer.

(3)    In no case may the County accept a dedication or any obligation as to any such road, street, or alley until the same and all roads, streets, and alleys connecting the same to the County road system have been brought to full, current County road standards and a right-of-way deed has been transferred to and accepted by the County.

(4)    Where a driveway easement provides access to a lot not accessible directly from a road built to Skagit County road standards, the driveway must be built to driveway standards contained in the International Fire Code Section 503 as amended by Skagit County prior to final plat approval. Driveway easements must be a minimum of 20 feet wide and must have additional width as required to contain any cuts, fills and slopes required to build a driveway.

(5)    All final plats submitted for approval to the County Commissioners must be accompanied by the written recommendation for approval or denial by the County Health Department or other agency furnishing sewage disposal and supplying water as to the adequacy of the proposed means of sewage disposal and water supply, including approval of the engineering details for such facilities. Prior to approval by the Skagit County Health Officer, engineering design and construction documents that comply with WAC Chapters 246-290 and 246-291, as-built documents approved by the purveyor or its designee, and a letter of acceptance by the purveyor must all be acknowledged in writing, and placed on file by the Planning Department. Requests for final approval must comply with SCC 12.48.240(2) and SCC Chapter 12.05, On-Site Sewage Code—Rules and Regulations.

(6)    All final subdivisions submitted for approval to the County Commissioners must be accompanied by the written recommendation for approval or denial from the County Engineer. (Ord. O20250005 § 2 (Exh. A))

(1)    All final plats must be recorded in the County Auditor’s Office.

(2)    Final plats may not be recorded until:

(a)    Approved by the decisionmaker on the application; and

(b)    All required fees have been paid by the applicant.

(3)    The Department is responsible for recording of the final plat within 30 days of approval.

(4)    After the plat tracing has been filed for record with the County Auditor, it becomes the property of Skagit County.

(5)    Lot certification for newly created lots must be issued and recorded for all lots upon recording of the plat map, either separately or as a note on the short plat or plat map. (Ord. O20250005 § 2 (Exh. A))

(1)    Alterations after a final subdivision has been approved and recorded must:

(a)    Be processed in accordance with RCW 58.17.215 through 58.17.218; and

(b)    Comply with regulations in effect at the time the application for an alteration is submitted.

(2)    Application Requirements.

(a)    An application for an alteration and recording documents must contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision to be altered or any portion to be altered.

(b)    If the final subdivision is subject to restrictive covenants that were filed at the time of the approval of the final subdivision, and the application for alteration would result in the violation of a covenant, the application must contain an agreement based on the terms and conditions of the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

(c)    Any features contained in the original land division that has been relied upon in subsequent land development or County planning decisions must be incorporated into the alteration.

(3)    Review.

(a)    An application for an alteration of an approved final short or long subdivision is subject to the type of review specified in SCC 14.06.150.

(b)    The application may be approved if the proposed alteration is consistent with the requirements of the applicable land division code.

(c)    After approval of an alteration, the applicant must produce a revised drawing of the approved alteration of the final subdivision, to be processed in the same manner as set forth in this Chapter for final approvals of a land division. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a vacation of a subdivision is subject to the type of review specified in SCC 14.06.150 and must follow the requirements of RCW 58.17.212.

(2)    An application for vacation of a County road may be processed pursuant to this Chapter only when such a vacation is proposed in conjunction with the vacation of the plat. An application for a vacation limited to one or more County roads must be processed in accordance with RCW Chapter 36.87 and SCC Chapter 11.08. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. This Section is intended to encourage long-term conservation of agricultural land.

(2)    Applicability. This Section applies to a lot that:

(a)    Consists predominantly of lowland prime soils (as defined by the Department’s “Farmland Soils Map”); and

(b)    Is zoned Agricultural—Natural Resource Land or Rural Resource—Natural Resource Land.

(3)    Creation of a Substandard Residential Lot.

(a)    The owner of an existing house on a qualifying lot may create a substandard residential lot in consideration for placing a conservation easement per Subsection (4) of this Section on the balance of the property by means of:

(i)    A short subdivision, in cases involving a single legal lot;

(ii)    A boundary line adjustment, in cases involving multiple legal lots (where the net number of lots will not be increased).

(b)    If the lot has more than one residential structure existing as of September 11, 1996, then separate lots may be created for each such primary residence.

(c)    The substandard residential lot to be created must include the existing house and is limited to one acre in size unless site constraints preclude placement of a well or septic system, in which case it must be the minimum necessary to accommodate a well and septic system.

(d)    Critical areas review per SCC Chapter 14.24 is not required for the purpose of this segregation unless additional development, including a new well or septic system, is contemplated as part of the segregation. Any subsequent development on the segregated lot is subject to standard critical areas review. Water and septic review is not required for the portion of the lot being conserved.

(4)    Agricultural Conservation Easement. The property owner must grant a conservation easement under the provisions of RCW 64.04.130 on the remainder of the property. The conservation easement must:

(a)    Extinguish future residential development rights;

(b)    Limit use of the property to agricultural production;

(c)    Be on forms acceptable to the Department and the Skagit County Farmland Legacy Program;

(d)    By its terms remain in effect until a court of competent jurisdiction finds that it is no longer possible to commercially use the property for the production of food or agricultural products;

(e)    Be granted to Skagit County or a substantially similar conservation easement to a nonprofit Skagit County based land trust or other qualified conservation organization as defined in RCW 84.34.250. (Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purpose of this Section is to prescribe standards for the creation of one-acre lots in the Urban Reserve Residential UGA zone while requiring shadow platting of the remainder of the land division to facilitate provision of future urban services and urban lot sizes.

(2)    Applicability. This Section applies to short subdivisions (one to four lots) of property that is both:

(a)    Within the Urban Reserve Residential (URR) UGA zone; and

(b)    Within the relevant city’s URR overlay zone for one-acre lot development pursuant to Subsection (3) of this Section.

(3)    Designation of Overlay Zone.

(a)    A city with a portion of their UGA zoned URR may designate all or a portion of that URR zone to allow one-acre lot development prior to annexation and extension of urban services. To accomplish that designation, the city must amend its comprehensive plan designation and adopt an overlay zone for the area to designate it appropriate for one-acre lot development.

(b)    The city comprehensive plan amendment and zoning overlay amendment must include findings that demonstrate how the area proposed for one-acre lot development meets all of the following criteria:

(i)    The city has determined the area can be served with extension of city sewer within six years from the date of development approval.

(ii)    The city will limit the number of one-acre lots created to four lots per lot that exists as of the date of the request for the one-acre lot development.

(iii)    The city has determined that a development proposal’s payment of city impact fees, if any are adopted and required, is adequate mitigation of the public facilities or services for which the impact fees were collected.

(iv)    The city has determined that reviewing and approving a one-acre plat for the area would not preclude future extension of urban infrastructure and services to the area or to other portions of the unincorporated UGA and would not interfere with ultimate future development of the area platted at minimum urban densities, consistent with the city’s planning and zoning designations for this portion of the city UGA.

(4)    Preliminary Approval Application Requirements. In addition to the application requirements of SCC 14.74.100, an application for a preliminary approval of a land division under this Section requires submission of a shadow plat.

(a)    The shadow plat must demonstrate how the property can be further subdivided and developed in the future at the minimum urban densities required by the city’s residential zoning.

(b)    The shadow plat must show proposed future urban lot lines and proposed future urban infrastructure sufficient for the County to verify that the current development proposal will not preclude future urban infill of the property when it is annexed to the city and urban services are provided.

(c)    The shadow plat is not to be recorded as lot lines or other restriction on the property, but must be retained by the County to assist the property owner and the County or city in achieving future urban development of the property after annexation and extension of urban services.

(d)    The shadow plat may be used by the County in reviewing and approving the locations of structures within the lots being developed, as part of building permit review.

(e)    The future urban lot lines and future urban infrastructure locations shown on the shadow plat may be modified administratively by the County, at the request of the property owner, provided the County consults with the city in whose UGA the property is located before doing so and provided any such modification protects the ability to develop the property in the future at urban densities.

(f)    Creation of additional lots at urban densities in the future requires annexation to the city in whose UGA the property is located and a future subdivision, binding site plan or short plat approval, whichever is applicable, pursuant to the applicable city subdivision regulations.

(5)    Review and Approval. The decisionmaker must include conditions or limitations in the preliminary approval to:

(a)    Ensure adequate utilities, public services, and infrastructure prior to annexation; and

(b)    Facilitate development at full urban densities after annexation.

(6)    Final Approval Application Requirements. In addition to the application requirements of SCC 14.74.200, an application for final approval of a land division under this Section requires:

(a)    The plat must contain the following note on the face of the plat or site plan indicating that the County has on file shadow-plat information demonstrating how the site may be further developed at urban densities in the future:

This subdivision was approved together with a shadow-plat showing that this property could be developed at a density of 4 dwelling units per acre at a future date. Before any further subdivision or structures are constructed on this site, the Department must review the shadow-plat as part of the project permit review to ensure that said development is in conformance with the shadow-plat.

(Ord. O20250005 § 2 (Exh. A))

(1)    Purpose. The purposes of this Section are:

(a)    To provide rules, regulations, and standards governing the approval of unit lot subdivisions; and

(b)    To provide another tool that allows for individual ownership of individual unit(s) that share a lot.

(2)    Applicability.

(a)    A unit lot subdivision may be used in any development with two or more dwelling units meeting the standards of this Section.

(b)    A unit lot subdivision may also be used to subdivide an accessory dwelling unit from the principal structure.

(c)    A unit lot subdivision may be combined with a subdivision or short subdivision so long as the portion of the development utilizing this Section meets the requirements of this Section.

(3)    General Provisions.

(a)    Development on the parent lot, rather than individual unit lots, must comply with the applicable standards for the underlying zone.

(b)    Parking required for a dwelling unit may be provided on a different unit lot than the unit lot with the dwelling unit for which the parking serves, as long as the right to use the parking is included in notes on the face of the plat or formalized by an easement recorded with the Skagit County Auditor’s Office.

(c)    Portions of the lot not subdivided for individual unit lots must be owned in common by the owners of the individual unit lots, or by a homeowners’ association consisting of the owners of the individual unit lots.

(d)    Unit lots may not be further divided by additional unit lot subdivisions.

(e)    Notes must be placed on the face of the short plat or plat that state:

(i)    The title of the plat including the phrase “Unit Lot Subdivision.”

(ii)    Approval of the development on each unit lot was granted by the review of the parent lot.

(iii)    Subsequent subdivision sections, additions, or modifications to unit structure(s) may not create or increase any nonconformity of the parent lot.

(f)    Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions (CC&Rs) identifying the rights and responsibilities of property owners and homeowners’ association must be executed for use and maintenance of common garage, parking, and vehicle access areas; bike parking; solid waste collection areas; underground utilities; common open space; shared interior walls; exterior building facades and roofs; and other similar features. (Ord. O20250005 § 2 (Exh. A))

The purpose of this Chapter and a CaRD land division is:

(1)    To buffer and protect natural resource lands;

(2)    To reserve lands that may be appropriate for future urban growth areas;

(3)    To help retain the rural landscape, character, and lifestyle;

(4)    To protect critical areas by transferring development potential from the critical area portion of a site to a non-critical area portion of a site;

(5)    To create development patterns that provide for greater efficiency and flexibility for current and future land use; housing diversity; natural resource land and critical area conservation and protection; retention of open space; and provide incentives for utilizing CaRD land divisions; and

(6)    To ensure the continued existence of open space as an element of Skagit County’s rural character. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to applications for short or long subdivisions that opt to use the CaRD design standards. (Ord. O20250005 § 2 (Exh. A))

(1)    A conservation and reserve development (CaRD) land division is a method of single-family residential land development characterized by building lots or envelopes that are much smaller than otherwise allowed in the zone, resulting in:

(a)    Open space for agriculture or forestry;

(b)    Continuity of ecological functions characteristic of the property;

(c)    Preservation of rural character;

(d)    Reduced impervious surface area; and

(e)    Lowered costs of development and maintenance.

(2)    CaRD land divisions follow the requirements of this Section when in conflict with the requirements of the underlying zone. (Ord. O20250005 § 2 (Exh. A))

A CaRD land division is permitted only in the following zones:

(1)    Agriculture-NRL;

(2)    Industrial Forest-NRL;

(3)    Secondary Forest-NRL;

(4)    Rural Resource-NRL;

(5)    Rural Intermediate;

(6)    Rural Reserve;

(7)    Rural Village Residential; and

(8)    Hamilton Urban Reserve. (Ord. O20250005 § 2 (Exh. A))

(1)    The table below establishes, for each zone:

(a)    The minimum amount of contiguous acreage within a zone that permits a CaRD in that zone;

(b)    The maximum gross residential density for a CaRD;

(c)    The maximum number of dwelling units per cluster pod in a long CaRD;

(d)    The types of open space allowed for a CaRD.

(2)    Exceptions and Limitations.

(a)    Where the density ratio results in a fraction of a dwelling unit, the permitted number of dwelling units must be rounded down to the nearest whole number.

(b)    In the RVR zone, where public water service is provided to the CaRD, the minimum size is two acres and the maximum residential density is one dwelling unit per one acre.

(c)    In areas designated as having a “sole-source aquifer,” e.g., Guemes Island, there is no density bonus for CaRD developments above the density limits in the underlying zone unless the source of water is from a public water system whose source is outside the sole-source aquifer area or from an approved alternative water system pursuant to SCC Chapter 12.48. Applications for CaRDs requesting an alternative system to obtain a density bonus is processed as a Type 3 review per SCC 14.06.150. Hearing Examiner criteria for review of an alternative system must ensure that the system has no adverse impacts to the sole-source aquifer.

(d)    In the Samish River Basin, the CaRD density bonus is limited as provided in SCC 14.24.340(3)(c).

(e)    Where a proposed CaRD includes two or more zones, development rights may not be moved from a higher density zone to a lower density zone. (Ord. O20250005 § 2 (Exh. A))

(1)    General Lot Location and Orientation.

(a)    Buildings may not be located in critical areas and their buffers designated pursuant to SCC Chapter 14.24.

(b)    In the Airport Environs Overlay, building lots may not be located within Airport Compatibility Zone 2.

(c)    In a CaRD within or adjacent to an NRL designation, lots must be located to:

(i)    Minimize potential impacts to natural resource land production on both the subject property and any adjacent resource lands;

(ii)    Not complicate resource access or normal field operations or harvesting; and

(iii)    Minimize the impact of resource land operations on the residential lot (such as airborne dust, noise, and smell).

(d)    On land zoned RRc-NRL that is subject to the ongoing agricultural rules in SCC 14.24.120, any property owner who applies for and receives CaRD approval must, at the time of CaRD approval, automatically be subject to the buffer requirements of SCC 14.24.530 and no longer subject to the provisions of SCC 14.24.120.

(2)    Short CaRDs.

(a)    Lots must be located to minimize infrastructure requirements such as roadways, driveways, utilities, etc., to the greatest extent possible.

(b)    New building lots within short CaRDs must share infrastructure either with other new building lots or with existing uses on the property.

(c)    In order to achieve a reduction of necessary infrastructure, short CaRDs are required to meet one of the following provisions:

(i)    Where the subject property abuts an existing public road, all new building lots must be clustered and the cluster must adjoin the road right-of-way; or

(ii)    Where an existing residence is located either on the subject or an adjacent property, all new building lots must be clustered and the cluster must adjoin the building envelope of the existing residence.

(d)    As an alternative to Subsection (2)(c) of this Section, for divisions resulting in more than one new building lot, lots may be located elsewhere within the CaRD as long as all lots proposed for new construction are clustered together, except where prohibited by Subsection (1)(a) of this Section.

(e)    Alternatives to Subsections (2)(c) and (2)(d) of this Section may be waived if the short CaRD is processed subject to a Type 3 review per SCC 14.06.150 and the Hearing Examiner determines that the purposes of SCC 14.78.010 can be met and the required right-of-way or easement area for any access roads to serve the building lots/envelopes must then be taken out of the allowable area for the building lots/envelopes.

(3)    Long CaRDs.

(a)    Clustering of Lots Required. Except as described below, clustering of lots within the CaRD into cluster pods is required.

(b)    The number of dwelling units in each cluster pod may not exceed the number specified in Table 14.78.050-1. The size of septic fields (both community and individual) or community water systems may further limit the size of cluster pods within a development, if such limitation is necessary to meet septic or water system requirements.

(c)    A lot containing an existing house need not be included within a cluster, unless this is necessary to meet the other CaRD design requirements.

(d)    Clustering of lots into cluster pods may not be required in the following limited circumstances:

(i)    Special conditions and circumstances exist which are not the result of actions or omissions by the applicant;

(ii)    Impacts on resource lands or critical areas make clustering inappropriate, or topographic or critical area constraints make clustering infeasible; and

(iii)    Separate access points to the adjacent road, if necessary, are acceptable to the County Engineer.

(e)    If clustering into cluster pods is not required, additional conditions may be applied and the lot size requirements continue to apply.

(f)    Setbacks. Cluster pods must be located a minimum of 25 feet from each other and from existing public roads.

(g)    Screening. Except in Ag-NRL, cluster pods must be screened from existing adjacent public roads and from other cluster pods either by:

(i)    Existing topography and vegetation; or

(ii)    An approved landscaping plan pursuant to SCC Chapter 14.25.

(4)    For the purpose of this Section:

(a)    “Cluster” means adjoining.

(b)    “Cluster pod” means a number of residential CaRD lots adjoining each other and grouped together in a single location on a parcel. The number of lots allowed in any cluster pod is limited in Table 14.78.050-1. (Ord. O20250005 § 2 (Exh. A))

(1)    Minimum. The minimum lot size is 5,000 square feet.

(2)    Maximum. The maximum lot size for buildable lots is one acre, unless a larger lot is needed for one or more of the following reasons, in which case that lot may be no larger than necessary to accomplish the purpose of the exception and the exception must be recorded on the face of the plat map:

(a)    To satisfy individual water system supply (SCC Chapter 12.48) or on-site sewage system requirements (SCC Chapter 12.05), or both;

(b)    To contain both an existing residential building and existing accessory building(s); or

(c)    To contain both an existing residential building and proposed buildings accessory to a natural resource land open space designation.

(3)    Maximum Exception for Open Space. In addition to the exceptions discussed under Subsection (2) of this Section, one lot within each CaRD may be greater than one acre, for the sole purpose of containing open space. In such a parcel, only one acre may be used for a residential dwelling unit and residential accessory buildings, unless a larger building area is allowed based on the criteria under Subsection (2) of this Section, with the remainder of the parcel placed in a open space designation.

(4)    Alternative Average Lot Size Maximum. As an alternative to Subsection (2) of this Section, lots may be as large as one and one-half acres if the average size of all lots within the CaRD (except a lot containing open space) does not exceed one acre. (Ord. O20250005 § 2 (Exh. A))

(1)    Setbacks consistent with the underlying zoning are required from the exterior boundaries of the CaRD development, except as provided in this Section.

(2)    All buildings within the CaRD land division must observe the following setbacks:

(a)    A minimum of 20 feet from a public road. In the Ag-NRL, IF-NRL, and SF-NRL zones, lots must be configured so that houses are no more than 200 feet from adjacent public roads.

(b)    A minimum of 200 feet from adjacent NRL designated parcels. Where the building lots are separated from the adjacent NRL parcel by a public road, the width of the road right-of-way can be included in the 200-foot setback calculation.

(c)    Fire separation as required by the applicable building code.

(3)    Internal setbacks may be established by private covenant. (Ord. O20250005 § 2 (Exh. A))

(1)    Requirement. All land within a CaRD must be in an open space designation in accordance with this Section except for the following:

(a)    Building lots (i.e., lots which do not contain open space); or

(b)    The development envelope of a lot containing open space.

(2)    Designation of Open Space. Open space must be designated as one or more of the open space types in SCC 14.78.100 as allowed for the underlying zone by Table 14.78.050-1. Applicable open space designations must be maintained through restriction in a note on the final plat.

(3)    Location. Open space must be located in either:

(a)    A single contiguous separate tract within the CaRD, retained in its entirety for open space; or

(b)    A single dedicated open space area on one of the lots in the CaRD, which must have a designated building envelope, where a house and accessory structures may be located, that is no larger than the maximum lot size allowed by SCC 14.78.070.

(4)    Uses Allowed in Open Space. The uses specified in SCC 14.78.100 are allowed in each type of open space, along with structures that are accessory to the primary use of each open space type if allowed by the underlying zoning.

(5)    Guemes Island. On Guemes Island, open space tracts other than Os-RSV must be permanently protected by a conservation easement that prohibits future residences or residential accessory uses within the open space tract or area. (Ord. O20250005 § 2 (Exh. A))

This Section describes the types of open space that may be utilized in a CaRD pursuant to Table 14.78.050-1 and SCC 14.78.090.

(1)    Open Space—Protection Areas (Os-PA).

(a)    The purpose of this open space is to protect critical areas (without the expense of a detailed site assessment), historic sites, and view sheds.

(b)    All land that has not received a site assessment pursuant to SCC Chapter 14.24 must be placed in this category.

(c)    If a critical area site assessment is performed in the future and the critical areas are delineated, the Os-PA area may be changed through a plat alteration to another open space designation based on the criteria set forth in this Section with the critical areas identified as protected critical areas (PCAs). A recorded easement is required. A revised plat map for this purpose will not be considered a plat amendment.

(d)    Nonresidential historic sites and their landscape setting must also be placed in this category. Historic sites used as residences may be located inside or outside of this open space.

(e)    All open space designated Os-PA must be preserved pursuant to SCC 14.24.080 and 14.24.090 until such time as a different open space designation is requested and SCC Chapter 14.24 is satisfied. Uses and preservation of the Os-PA occur as follows:

(i)    Critical Areas. Follow the parameters set forth in SCC Chapter 14.24 for conservation and maintenance.

(ii)    Historic Sites. A use covenant with covenants, conditions and restrictions (CC&Rs) must be determined through the CaRD review process and noted on the face of the plat. The duration of the covenant must be noted on the plat.

(2)    Open Space—Natural Resource Lands (Os-NRL).

(a)    The purpose of this open space is to preserve the natural resource lands within the County by clustering development and leaving the remainder open for resource production.

(b)    The open space within CaRDs zoned Ag-NRL, IF-NRL, SF-NRL, or RRc-NRL must be placed in this category, unless designated Os-PA, subject to the provisions of SCC Chapter 14.24, the Critical Areas Ordinance.

(c)    All open space designated Os-NRL must be placed in a natural resource lands easement (NRLE) that restricts the grantor and its heirs, successors, and assigns from exercising rights to use and subdivide the land for any and all residential, recreational, commercial, and industrial purposes and activities that are not incidental to the purpose of the NRLE until such time that the land no longer has long-term commercial significance for the production of food, agriculture products, timber or extraction of minerals. The property is restricted to natural resource production as defined in the NRLE and it may be used for those uses outlined in the underlying zone (except for a dwelling unit). In the case of Agriculture and Industrial Forest lands, restrictions defined in the NRLE may only be extinguished upon a finding by a court of competent jurisdiction that it is no longer possible to commercially use the property for the production of food, agriculture products, timber, or extraction of minerals.

(3)    Open Space—Urban Reserve (Os-UR).

(a)    The purpose of this open space is to retain areas of open space until such time that urban development is deemed appropriate for that area and then to continue to require a portion of that original space to be preserved.

(b)    This open space may only be used within CaRDs on lands zoned Rural Village Residential, Rural Intermediate, or Rural Reserve, and only if these areas are located on a parcel of which 50 percent or greater is located within one-quarter mile of urban growth areas or Rural Villages excluding those areas subject to Os-PA or Os-NRL, and excluding Fidalgo Island until such time that a subarea plan which allows for this option has been completed in conjunction with any relevant amendments to the Comprehensive Plan for purposes of consistency. This open space designation if supported by a 20-year needs analysis may also be applied to areas located outside one-quarter mile of a UGA following the appropriate Comprehensive Plan and development regulation amendments.

(c)    The requirements for Os-UR are:

(i)    Future Urban Development Allowed. When land with an Os-UR designation goes into an urban growth area or a Rural Village Residential, additional development is allowed on the Os-UR designated land, except within a minimum of 30 percent of the parent parcel which is to remain in open space through a plat restriction unless and until the parcel is annexed into a city or town. That land which is not designated as open space in a plat restriction then becomes available for urban development pursuant to the underlying urban zoning designation. Amendments to the plat map and recorded easements are required with the agreement. A revised plat map for this purpose will not be considered a plat amendment.

(ii)    Open Space Urban Reserve Land Uses. All open space designated Os-UR may have the same uses as allowed in Os-RA. That Os-UR land converted to permanent open space by agreement of the owner and County may be used for any recreational use outlined in the underlying zoning or special uses relating to recreation, so long as a special permit is obtained, and for greenbelts or trails.

(4)    Open Space—Rural Open (Os-RO).

(a)    The purpose of this open space is to provide areas within the rural portions of the County without having to commit to a specific recreational use. It is intended for open space purposes and/or greenbelts.

(b)    This open space may only be used in CaRDs with the following designations: Rural Village Residential, Rural Intermediate and Rural Reserve, excluding Fidalgo Island until such time that a subarea plan which allows for this option has been completed in conjunction with any relevant amendments to the Comprehensive Plan for purposes of consistency.

(c)    All open space placed in this designation must remain in Os-RO unless the County has adopted a Comprehensive Plan amendment and implementing regulation resulting from the completion of a Countywide comprehensive needs analysis for future development, in which case the Os-RO open space may be redesignated to Os-UR upon application to the County. Such application requires amendments to the plat map and recorded easements. A revised plat map for this purpose will not be considered a plat amendment.

(d)    The requirements for Os-RO are:

(i)    All open space designated Os-RO may have the same uses as allowed in Os-RA.

(5)    Open Space—Recreational/Amenities (Os-RA).

(a)    The purpose of this open space is to provide areas for recreational purposes, either solely by owners within the CaRD land division or by the general public or a combination thereof.

(b)    The open space within CaRDs on lands zoned Rural Village Residential, Rural Intermediate, and Rural Reserve and which is intended for recreation purposes, community facilities, and/or greenbelts must be placed in this category.

(c)    The requirements for Os-RA are:

(i)    All open space designated Os-RA may be used for hobby farms, greenbelts and trails or any recreational use outlined in the underlying zoning or special uses relating to recreation, so long as a special use permit is obtained. The applicable open space designation must be maintained through a plat restriction. An Os-RA may be redesignated to another open space designation only if all property owners within the CaRD division agree to the redesignation and if it meets the appropriate criteria for the open space designation and it meets the underlying zoning criteria. Amendments to the plat map and recorded easements must be required. A revised plat map for this purpose will not be considered a plat amendment.

(6)    Open Space—Reserve (Os-RSV).

(a)    The purpose of this open space is to reserve land for future development of development rights that have not been utilized in the remainder of the CaRD, otherwise permitted under the zoning designation.

(b)    Open space designated Os-RSV may have the same uses as allowed in Os-RA.

(c)    The applicable open space designation, which must be maintained through a plat restriction, must continue until the open space area is further platted through a CaRD process; provided, that any resulting land division shall not exceed the allowable development rights of the original parcel.

(i)    On Guemes Island, if the applicant wishes to retain and not utilize all of the development rights for the parcel, they must place any of the remaining development rights into the Os-RSV designation.

(ii)    On Guemes Island, the amount of land placed into the Open Space—Reserve may not exceed the number of future lots times one acre, and no portion of the Os-RSV area may contain critical areas.

(d)    Preservation of Development Rights in NRL Areas. If a parcel is within a natural resource land (NRL) and the applicant wishes not to exhaust all of the development rights for the parcel, they may place any of the remainder developmental rights into an Os-RSV designation to be divided at a later date. The number of future lots available is only those remaining development rights not used after the parent parcel has been divided. Where this occurs, the following criteria must be met:

(i)    Ninety percent of the overall open space area of the original project must be placed in Os-NRL;

(ii)    The amount of land placed into the Open Space—Reserve must not exceed the number of future lots times one acre;

(iii)    No additional open space will be required;

(iv)    A development plan showing all areas of future development and access points for future divisions must be provided; and

(v)    No portion of the reserved Os-RSV area may contain critical areas. (Ord. O20250005 § 2 (Exh. A))

The purposes of this Chapter are to:

(1)    Provide an alternative administrative method for division of land for commercial and industrial zoned property, or condominiums;

(2)    Allow the Director to modify interior lot-based or lot line requirements contained within the zoning, building, fire and other similar uniform codes adopted by the County;

(3)    Allow the Director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and

(4)    Specify administrative requirements for binding site plans in addition to the procedural requirements of SCC Chapter 14.06 and in accordance with applicable Washington State and Skagit County laws, rules and regulations. (Ord. O20250005 § 2 (Exh. A))

This Chapter applies to an application for a binding site plan. (Ord. O20250005 § 2 (Exh. A))

(1)    Any person seeking the use of a binding site plan to divide his or her property for the purpose of sale, lease or transfer of ownership of commercially or industrially zoned property, or creation of condominium units, is required to apply for, complete, and obtain approval for a binding site plan, as provided in RCW Chapter 58.17 and this Chapter.

(2)    The site that is subject to the binding site plan may be reviewed independently, based on as-built plans, for fully developed sites.

(3)    The site that is subject to the binding site plan must consist of one or more contiguous legal lots. (Ord. O20250005 § 2 (Exh. A))

(1)    In addition to the general application requirements of SCC 14.06.230 and the application requirements for preliminary approval of a long subdivision in SCC 14.74.100, an application for a binding site plan must contain:

(a)    A site plan that meets the requirements for a preliminary subdivision map in SCC 14.74.100, including:

(i)    All proposed or existing uses and structures;

(ii)    Layout of sewers;

(iii)    Location and size of utility trunk lines serving the site;

(iv)    The number and location of proposed or existing parking spaces on and off the site;

(v)    Proposed and existing structures including building envelopes and building setback lines;

(vi)    The location of proposed or existing open space including any required landscaped areas;

(vii)    The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and roadway widths, and additional right-of-way if required on substandard roads;

(viii)    Proposed road names;

(ix)    The location and size of water bodies and drainage features, both natural and manmade;

(x)    Existing and proposed easements and existing access.

(b)    All existing or proposed covenants, easements, maintenance agreements or other documents applicable to use or maintenance of the site.

(c)    A phasing plan, acreage of phases, and time schedule, if the site is intended to be developed in phases. (Ord. O20250005 § 2 (Exh. A))

(1)    An application for a binding site plan is subject to the type of review specified in SCC 14.06.150.

(2)    The application may be approved, approved with conditions, or denied, based on the following requirements:

(a)    The binding site plan must ensure that the collective proposal functions as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking.

(b)    The binding site plan must meet the requirements outlined in Division 1 of this Title, and SCC 14.74.050, for new development.

(c)    If a previously approved site plan is submitted for binding site plan approval, the conditions and limitations imposed by the Director may, where appropriate, include any conditions and limitations contained in the previously approved site plan. Subsequent project permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of submittal of the binding site plan review and expressly depicted on the binding site plan.

(d)    When a binding site plan is being considered concurrently with another land development application, the Director will incorporate all conditions and limitations imposed on the concurrent application into the binding site plan. Subsequent site project permits for the land will still be subject to compliance with the zoning, building, and other applicable land use codes and regulations existing at the time of vesting of the application, unless addressed as part of the binding site plan review and expressly depicted on the binding site plan.

(e)    The binding site plan must contain applicable inscriptions or attachments setting forth limitations and conditions to which the plan is subject, including any applicable irrevocable dedications of property and containing a provision requiring that any development of the site must be in conformity with the approved site plan.

(f)    The Director may authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan.

(g)    Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements must be identified on the binding site plan and enforced by covenants, easements or other similar mechanisms. (Ord. O20250005 § 2 (Exh. A))

(1)    After approval of a binding site plan for land, all or a portion of which will be subjected to the provisions of RCW Chapter 64.32 or 64.34, the applicant must record the approved binding site plan with a record of survey (except for the provisions of RCW 58.09.090(1)(d)(iv)) as a single recording document complying with the requirements of this Chapter labeled as “Binding Site Plan.” Before recording, the applicant must complete the required improvements. In lieu of completion, all improvements except drainage-related facilities may be bonded.

(2)    When a record of survey is not required pursuant to RCW 58.09.090(1)(d)(iv), the applicable record of survey data, consistent with the submittal requirements as adopted by the Director, must be shown on the binding site plan to be recorded.

(3)    Prior to recording, the approved binding site plan must be surveyed and the final recording forms must be prepared by a professional land surveyor, licensed in the State of Washington. Surveys must include those items prescribed by RCW 58.09.060.

(4)    The approved binding site plan record of survey recording forms must include the following, in the format prescribed by the Director:

(a)    Lots designated by number on the binding site plan within the area of the lot. Tracts must be similarly designated and each tract must be clearly identified with the ownership and purpose;

(b)    Signature and stamp of the land surveyor who prepared the binding site plan;

(c)    Reference to the recording number of the completed survey as required by this Section if the boundaries have been previously surveyed;

(d)    Reference to all agreements or covenants required as a condition of approval;

(e)    Notarized signatures of all persons having an ownership or security interest in the land being divided;

(f)    Approval of the Skagit County Engineer;

(g)    Approval of the Skagit County Treasurer;

(h)    Approval of the Director; and

(i)    Approval of the Health Official.

(5)    The Director must examine and sign the approved binding site plan and record of survey if it conforms to the commercial site project permit or the approved site plan and all conditions of approval. Binding site plans with the record of survey must be recorded with the Skagit County Auditor’s Office. A copy of the documents stamped with the recording number must be sent to the Skagit County Assessor, the Skagit County Treasurer, Skagit County Public Works, and to the applicant.

(6)    Lots, parcels, or tracts created through the binding site plan procedure will be legal lots of record. All provisions, conditions, and requirements of the binding site plan are legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan.

(7)    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, will be considered a violation of RCW Chapter 58.17 and may be restrained by injunctive action and be illegal as provided in RCW Chapter 58.17. (Ord. O20250005 § 2 (Exh. A))

(1)    All public and private site improvements required by the approved binding site plan must be completed and accepted by the County or subjected to a performance security approved by the Director prior to issuing the first building permit for the site.

(2)    Alternatively, the Director may condition the completion of such improvements pursuant to an approved phasing. (Ord. O20250005 § 2 (Exh. A))