Ordinance � Development Standards contained in the Mason County Development Regulations Resource Ordinance, and Title 16 Plats and Subdivisions

Ordinance � Development Standards contained in the Mason County Development Regulations Resource Ordinance, and Title 16 Plats and Subdivisions
ORDINANCE NUMBER 106- 04
AMENDMENTS TO THE MASON COUNTY RESOURCE ORDINANCE,
MASON COUNTY DEVELOPMENT REGULATIONS AND
TITLE 16 PLATS AND SUBDIVISIONS STANDARDS
AN ORDINANCE amending the Mason County Resource Ordinance regarding development
review and land uses in the fish and wildlife habitat conservation areas and the definition of
category 4 wetlands; amending the Mason County Development Regulations, regarding the size
of an accessory dwelling unit; and amending Title 16 Plats and Subdivisions regarding
consistence with currents provisions of the Mason County Development Code and the vesting of
development standards for approved large lot and short subdivisions, under the authority of
Chapters 36.70 and 36.70A RCW.
WHEREAS, Mason County Development Regulations (adopted as Ordinance No. 82-96) was
last amended by Ordinance No. 53-04 on June 15,2004. The Mason County Code Title 8 Mason
County Resource Ordinance was last amended by Ordinance No. 53-04 on June 15, 2004 .. The
Mason County Code Title 16 Plats and Subdivisions was last amended by Ordinance No. 65-03
on July 1, 2003;
WHEREAS, the Department of Community Development has prepared revisions to these three
implementing ordinances by which the Department of Community Development can evaluate
and approve a proposed development and land divisions that are conforming with clear
development standards and is not in conflict with existing land uses and property rights;
WHEREAS, at the June 21 and August 16, 2004 Mason County Planning Advisory Commission
meetings, the proposed ordinance revisions in the Development Regulations, Resource
Ordinance, and Title 16 were presented, and the Planning Advisory Commission members
evaluated and passed motions to recommend approval of these proposed revisions;
WHEREAS, the Board of County Commissioners held public hearings about the proposed
revisions on October 12 and November 9, 2004, to consider the recommendations of the
Planning Advisory Commission, and the testimony and letters of the Mason County Department
of Community Development and citizens on the proposed revisions to the Mason County
Development Regulations, Resource Ordinance, and Title 16; and
WHEREAS, based upon the staff report, text of the proposed revisions, and public testimony, the
Mason County Board of Commissioners has approved findings of fact to support its decision as
ATTACHMENT A.
ATTACHMENT A
AN ORDINANCE AMENDING
THE MASON COUNTY RESOURCE ORDINANCE,
MASON COUNTY DEVELOPMENT REGULATIONS AND
TITLE 16 PLATS AND SUBDIVISIONS STANDARDS
MASON COUNTY BOARD OF COMMISSIONERS
November 9, 2004
FINDINGS OF FACT
1.
Under consideration is the ordinance amending the Mason County Resource Ordinance
regarding development review and land uses in the fish and wildlife habitat conservation areas
and the definition of category 4 wetlands; amending the Mason County Development
Regulations, regarding the size of an accessory dwelling unit; and amending Title 16 Plats and
Subdivisions regarding consistence with currents provisions of the Mason County Development
Code and the vesting of development standards for approved large lot and short subdivisions.
2.
The Mason County Resource Ordinance designates resource lands and critical areas and
describes the standards and review procedures for proposed development in Mason County. The
Mason County Development Regulations set forth land use designations and development
standards for proposed projects in Mason County; these standards include zoning districts,
permitted uses, and dimensional requirements for land divisions. The Mason County Title 16
Plats and Subdivisions sets forth procedures for the review of proposed division ofland and
implementing standards for subsequent development.
3.
The Mason County Department of Community Development staff has presented a
proposed set of revisions to these ordinances, which establish or clarify evaluation standards for
proposed development and land division.
4.
At the June 21 and August 16, 2004 Mason County Planning Advisory Commission
meetings, the proposed ordinance revisions in the Development Regulations, Resource
Ordinance, and Title 16 were presented, and the Planning Advisory Commission members
evaluated through discussions with staff and the public and, then passed motions to recommend
approval of these proposed ordinance changes.
5.
At the October 12 and November 9, 2004 public hearings, the Board of County
Commissioners considered the recommendations of the Planning Advisory Commission, and the
letters and testimony of the Mason County Department of Community Development and
citizens regarding the proposed revisions to the Mason County Development Regulations,
Resource Ordinance, and Title 16 standards.
FROM THE PRECEDING FINDINGS, and based upon the staff report, text of the proposed
revisions, and public testimony, the Mason County Board of Commissioners adopts a motion to
approve the presented revisions amending the Mason County Resource Ordinance regarding
development review and land uses in the fish and wildlife habitat conservation areas and the
definition of category 4 wetlands; amending the Mason County Development Regulations,
regarding the size of an accessory dwelling unit; and amending Title 16 Plats and Subdivisions
regarding consistence with currents provisions of the Mason County Development Code and the
vesting of development standards for approved large lot and short subdivisions.
'
{/
Chair, Mason County Board of Commissioners
Date
ATTACHMENT B
Note that the proposed new text is underlined and that deleted text is struck out.
MASON COUNTY RESOURCE ORDINANCE
17.01.110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
F.
ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT
The following uses shall be allowed, within a FWHCA or its buffer to the extent that they are not
prohibited by any other applicable law or ordinance, provided they are conducted so as to minimize any
impact on the values and functions of the FWHCA, and provided they are consistent with any county
approved Resource Ordinance Special Study (such as a Habitat Management Plan or Geotechnical
Report) or any state or Federally approved management plan for an endangered, threatened, or sensitive
species.
1.
a. The remodel, repair, or change of use of ari existing building shall be approved within
its existing footprint, plus or minus ten percent as long as the modification does not
increase any intrusion into the aquatic management area FWHCA or its buffer.
b. Reconstruction of structures destroyed by fire or other means shall be approved,
provided that the planned reconstruction occurs within the previous structural
footprint and completed application is made within two years of the destruction. The
ten percent expansion set forth in 1a. may also be applied.
c. To further reduce the impacts of existing development. the footprint of existing
structures approved by permit within the FWHCA or its buffer may be combined into
one footprint area equal to or lesser than the original area, provided that:
(1) the combined footprint proposed shall be located in the site of legally established
residences and garages most distant from Q[J~~§JD.!J..IJ.§.i.Y..~JQ.the FWHCA or
buffer, and the other structures nearer to the FWHCA shall be removed from the
,
FWHCA or buffer; and
(2) the square footage area of the structure in the combined footprint may not be
increased more than 20 percent of the total square footage area of the original
structures. The ten percent expansion of footprint set forth in 1a. does not apply.
For the purpose of this section. footprint does not include. uncovered decks and patios.
2.
Maintenance and use of existing landscaped areas within the buffer area. An existing
landscaped area is one which is defined by mowed grass. flower beds, orchard trees,
non-native shrubs, and non-native trees. Maintenance and use includes mowing,
weeding, trimming, replacement of vegetation types, placing landscape walls no more
than 2 feet in height. excavating or placing top soil or compost not exceeding 6 inches in
depth or 10 cubic yards in total. placing play equipment (swings, slides. temporary plastic
above-ground pools. but not including tree houses or other play houses), and picnic
tables and chairs. Maintenance does not include the removal of native trees over 6
inches in diameter at 4 foot height. Exposure of more than 200 square feet of soil at any
one time requires stormwater precautions so that no contaminated run off reaches the
river. wetland. stream. or lake. If such maintenance or use in the buffer area is
abandoned or discontinued for greater than three (3) years. activities must conform to
the provisions of Section 17.01.11 O.G.1.
3.
All new and existing agricultural activities within any FWHCA and or its buffer complying
with a current conservation plan that conforms with the standards and specifications of
the Natural Resources Conservation Service and is submitted to and approved by the
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Administrator; or operating in conformity with a permit of a state agency, except as
required by subsection 17.01.110 G.2.f. below.
4.
Buffer alterations for view corridors are allowed with emphasis placed on lim bing and with
selective timber removal minimized to the extent possible. Proposed alterations shall be
the minimum to afford views within the buffer and shall minimize shrub vegetation
removal and ground disturbance while maintaining the large mature trees. Under this
provision, no more than 10 percent of trees in the buffer less than six inches in diameter
at breast height may be removed from the buffer without specific authorization from
Mason County, which may allow removal up to 20 percent. View corridor improvement
actions which include the removal of trees larger than six inches in diameter at breast
height will require Mason County approval and replacement with native tree and/or shrub
plant species are limited to 15 percent of such trees in the buffer.
5.
The removal of danger trees from buffers which pose a direct threat to property and life,
provided they are documented by a professional forester. Removal of danger trees shall
be mitigated by planting a total of six (6) new trees seedlings each a minimum three years
old and each of the same species as the removed tree or native species trees. If the
replacement is judged to be unnecessary, Mason County may require the applicant to
place the downed danger tree within the buffer as habitat.
6.
The removal from buffer areas of noxious weeds designated in Chapter 17.10 RCW and
the enhancement of a buffer by planting indigenous vegetation.
7.
The construction of trails associated with residential use which shall be unpaved when
located in the buffer areas and elevated when located in wetlands, which are not intended
for motorized use, and which are no wider than three (3) feet, unless additional width is
necessary for safety along a precipice, steep hillside, or other hazardous area.
8.
Harvesting of Wild Crops: Harvesting wild crops which do not significantly affect the
viability of the wild crop, the function of the Fish and Wildlife Habitat or regulated buffer
(does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation
Area).
9.
Any of the General Exemptions authorized by Section 17.01.130.
G.
DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT
IN FISH & WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS
A Mason Environmental Permit shall be obtained from the County, using the administrative review
process in this Chapter, before undertaking the following activities in FWHCAs or their buffers.
When a major new development is proposed within 1/4 mile of a listed species point location (den
or nest site), as identified through the WDFW PHS data base, tribal and other local fish and
wildlife databases or knowledge, a preliminary review by a qualified fish and wildlife professional
shall be provided to the county which shall determine if a FWHCA or its buffer is within the area of
the development.
1.
A Habitat Management Plan (HMP) shall be prepared for these activities:
c.
New Residential Construction and Major New Development
1.
New residential construction and major new development is not permitted
within FWHCA or its buffer, except for the activities listed in this
subsection G, or as approved through a variance or reasonable use
exception as provided in subsection K.
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2.
3.
Appurtenant structures not needing building permits, associated with
residential development and located in the FWHCA or buffer may be
permitted. A proposal shall meet the additional review standards of the
Mason County Shoreline Master Program, Resource Ordinance, and
other development ordinances.
Saltwater Activities: Accessory uses to existing or new development,
such as a saltwater pier, dock, or float; boat ramp, or boat lift will need to
meet the additional review standards of the Mason County Shoreline
Master Program, Resource Ordinance. and other development
ordinances. All activities in tidal/saltwater submerged lands shall avoid
impacts to eelgrass and kelp beds to the maximum extent. If eel grass or
kelp is known or suspected in the vicinity, then an aquatic vegetation
survey is required to identify the location of eelgrass or kelp.
Unavoidable impacts to these sensitive marine areas shall be addressed
in a Habitat Management Plan that presents an acceptable mitigation
program.
The design and siting of these projects should not adversely impact water quality
of receiving waters such as wetlands, streams, rivers, Hood Canal or Puget
Sound. In addition, project design should meet or exceed any storm water
design requirements to avoid any risk of decertification of shellfish beds or
impacts to baitfish (herring, smelt, sand lance, candlefish ,etc.) spawning areas.
e.
Bank Stabilization: A stream channel and bank, bluff, and shoreline may be
stabilized when naturally occurring earth movement threatens existing legal
structures (structure is defined for this purpose as those requiring a Building
Permit pursuant to the International Uniform Building Code), public
improvements, unique natural resources, public health, safety or welfare, or the
only feasible access to property, and, in the case of streams, when such
stabilization results in maintenance of fish habitat, flood control and improved
water quality. Bluff, bank and shoreline stabilization shall follow the standards of
the Mason County Shoreline Master Program, Landslide Hazard Areas, and any
floodplain management plan adopted by the Board of Commissioners.
Mason County may require that bank stabilization be designed by a professional
engineer licensed in the State of Washington with demonstrated expertise in
hydraulic actions of shorelines. For bank stabilization projects within FWHCAs,
emphasis shall be placed on bioengineering solutions (vegetation versus hard
surfaces) unless proved by the applicant to be infeasible. Bank stabilization
projects may also require a Hydraulic Project Approval from the Washington
Department of Fish and Wildlife and will be determined after consultation with
WDFW.
h.
Outdoor Recreation, Education and Trails: Activities and improvements which
do not significantly affect the function of the Fish and Wildlife habitat or regulated
buffer (including viewing structures, outdoor scientific or interpretive facilities,
trails, hunting blinds, etc.) may be permitted in FWHCA or their buffers.
i.
Trails and other facilities shall, to the extent feasible, be placed on
existing road grades, utility corridors, or other such previously disturbed
areas;
ii.
Trails and other facilities shall be planned to minimize removal of trees,
shrubs, snags and important wildlife habitat;
iii.
Viewing platforms, interpretive centers, benches and access to them,
shall be designed and located to minimize ef impacts to wildlife, fish, or
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iv.
2.
their habitat and/or critical characteristics of the affected conservation
area.
Trails, in general, shall be set back from streams so that there will be
minimal impact to the stream from trail use or maintenance. Trails shall
be constructed with pervious surfaces when feasible and trails within
FWHCAs are not intended to be used by motorized vehicles.
A Habitat Management Plan (HMP) will not be required for the following activities which
comply with the development standards below, except as specified:
f.
Freshwater Activities. Accessory uses to existing or new development, such as
a freshwater pier, dock. or float; boat ramp, or boat lift will need to meet the
additional review standards of the Mason County Shoreline Master Program,
Resource Ordinance. and other development ordinances._ All activities in
tidal/saltwater submerged lands shall avoid impacts to eelgrass and kelp beds to
the maximum extent. If eel grass or kelp is known or suspected in the vicinity,
then an aquatic vegetation survey is required to identify the location of eelgrass
or kelp. Unavoidable impacts to these sensitive marine areas shall be addressed
in a Habitat Management Plan that presents an acceptable mitigation program.
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MASON COUNTY DEVELOPMENT REGULATIONS
Sec. 1.03. 029
Accessory Dwelling Unit Requirement
D.
The ADU shall not exceed 80% W% of the square footage of the habitable
area of the primary residence or 1,000 feet, whichever is smaller.
MASON COUNTY RESOURCE ORDINANCE
17.01.070 WETLANDS
17.01.070 E. DEVELOPMENT STANDARDS.
1. Wetlands Rating System.
a.
Wetlands shall be categorized as follows:
Category IV Wetlands
1. Wetlands less than one acre, hydrologically isolated and comprised of one plant layer
dominated (>80 %) by one invasive of the following plant species~
Scientific name
Juncus effusus
Spirea douglasii
Typha lati(olia
2 ...... .
3 ...... .
Common name
Soft Rush
Hard Hack, Buck Brush
Cattail
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SEE ATTACHED NOVEMBER 2004 VERSION OF TITLE 16
NOTE: Deleted text is struckout; new text is underlined except
for existing titles are bold and underlined.
MASON COUNTY CODE
TITLE 16
PLATS & SUBDIVISIONS
NOVEMBER 2004
This document includes Ordinances
No. 37-89, 44-91, 72-91, 64A-93,
13-95, 03-96, 82-96, 90-98, 152-97,
32-99, 36-00, 152-02, 65-03, and 106-04.
CHAPTERS:
16.04
16.08
16.12
16.16
16.20
16.22
16.23
16.24
16.28
16.32
16.36
16.38
16.40
16.44
16.48
General Provisions
Definitions
Preliminary Sketeh
Preliminary Plat
Final Plat
Performance Subdivisions
Cluster Subdivisions
Condominium Plats
Design Standards
Health Standards
Short Subdivisions
Large Lot Subdivisions
Modifications, Appeals, and Fees
Prohibitions, Offenses, and Penalties
Design Standards and Specifications for Plat Roads
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.04
GENERAL PROVISIONS
Sections:
16.04.010
16.04.020
16.04.030
16.04.040
16.04.050
16.04.060
Title
Purpose
Application of Regulations
Regulations Mandatory
Authority
Administration
16.04.010 Title. This Title shall be lmown and may be cited as the "Mason County Platting Ordinance."
16.04.020 Purpose. (a) Subdivisions. The purpose of this title (excluding 16.36) is to regulate the
subdivision of land and make appropriate provisions for public health, safety, and general welfare, for open
spaces, drainage ways, streets or roads, light and air, ingress and egress, transit stops, potable water
supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, other
public requirements, and shall consider all other relevant facts, including sidewalks and other planning
features that assure safe walking conditions for students who only walk to and from school; and to require
uniform monumentation of land subdivision and conveyancing by accurate legal description.
(b) Short Subdivisions. The purpose of Chapter 16.36 is to regulate the division ofland into four (4) or
fewer lots and make appropriate provisions for public health, safety, and general welfare, for open spaces,
drainage ways, streets or roads, light apd air, ingress and egress, transit stops, potable water supplies,
sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, other public
requirements, and shall consider all other relevant facts, including sidewalks and other planning features
that assure safe walking conditions for students who walk to and from school; and to require uniform
monumentation of land subdivision and conveyancing by accurate legal description.
16.04.030 Application of Regulations. Every Short Subdivision shall comply with Chapter 16.36 of this
Title. Every subdivision shall comply with the provisions of this Title, except Chapter 16.36 and 16.38.
Every large lot subdivision shall comply with Chapter 16.38 of this Title. Every subdivision, short
subdivision and large lot subdivision shall also be in compliance with all provisions of Mason County
Code (MCC) Title 8.52 Mason County Resource Ordinance; and conditions of approval may be stipulated
to assure compliance with such standards and further the purposes of that Chapter.
The provisions of this Title shall not apply to:
(a) Cemeteries and other burial plots while used for that purpose;
(b) Division .of land into lots or tracts each of which is one sixteenth of a section of land or forty acres or
larger (or one eighth of a section of land or eighty acres or larger if within designated Long-Term
Commercial Forest Land pursuant to Chapter 8.52 MCC), 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 any lot under this
item which borders on a street or road, the lot size shall 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;
(c) A division for the purpose of lease when no residential structure other than mobile homes or travel
1
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
trailers are permitted to be placed upon the land;
(d) Divisions made by testamentary provision, or by the laws of descent.
16.04.040 Regulations Mandatory. Any map, plat, replat, or plan hereafter made of any subdivision or
any part thereof within the territorial limits of Mason County, with the exception of areas within
incorporated cities or towns shall be presented for approval and be recorded as prescribed by this Title. No
such map, plat, replat, or plan shall be recorded or have any validity unless or until it shall have the
approval of the Board of County Commissioners Hearing Examiner, as required by this Title, and be filed
for record with the County Auditor. PROVIDED, if performance of an offer or agreement to sell, lease, or
otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned
on the recording of the final plat containing the lot, tract, or parcel, the offer or agreement is not subject to
RCW 58.17.200 or 58.17.300 and does not violate any provision of this Title. All payments on account of
an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other
regulated trust account and no disbursement to sellers shall be permitted until the plat is recorded.
16.04.050 Authority. Pursuant to the authority contained in the laws of the State of Washington, RCW
36.70 and 5 8.17, and as thereafter amended, the Planning Commission and the Board of County
Commissioners are Hearing Examiner is assigned the responsibility for the approval or disapproval of
proposed plats, subdivisions, or dedications. On and after July 1, 1974, the platting and subdividing of
land shall proceed in compliance with RCW 36.70, 58.17, and 58.09, and as thereafter amended.
16.04.060 Administration. Proposed plats, subdivisions, and dedications of land outside of incorporated
cities and towns shall be submitted for preliminary approval to the County Planning Commission Hearing
Examiner, subject to the limitations hereafter provided. Authority for the final approval or disapproval of
plats, subdivisions, or dedications is vested in the Board of County Commissioners Hearing Examiner,
except as provided in Chapter 16.16. Necessary administrative regulations and procedures maybe
adopted.
16.04.070 RCCAPO Resource Ordinance Conformance. All subdivisions, short subdivisions, and
large lot subdivisions shall be reviewed for conformance with the Mason County Resource Conservation
and Critical Area Protection Ordinance (Title 8.52 MCC).
2
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.08
DEFINITIONS
Sections:
16.08.010
16.08.014
16.08.015
16.08.020
16.08.030
16.08.040
16.08.050
16.08.060
16.08.070
16.08.080
16.08.085
16.08.090
16.08.100
16.08.110
16.08.120
16.08.130
16.08.135
16.08.140
16.08.150
16.08.160
16.08.165
16.08.170
16.08.180
16.08.185
16.08.190
16.08.200
16.08.210
16.08.220
16.08.230
16.08.240
16.08.250
16.08.260
16.08.270
16.08.280
16.08.290
16.08.300
16.08.310
16.08.320
16.08.330
16.08.340
Words and Phrases
Cluster
Cluster Subdivision
Block
Comprehensive Plan
Condominium
County Officials
Dedication
Easement
Final Plat
Large Lot Subdivision
Local Access Road or Street
Lot
Lot, Double Frontage
Lot, Reverse Frontage
Marginal Access Routes
Performance Subdivision
Planned Unit Development
Plat
Preliminary Plat
Primary Conservation Areas
Right-Of-Way
Roadway
Secondary Conservation Areas
Short Plat
Short Subdivision
Street
Street, County Arterial
Street, Cul-De-Sac
Street, Preliminary Collector
Street, Secondary Collector
Subdivider
Subdivision
Panhandle Lot
Monuments
Original Tract
Lane
Tidelands and Shorelands
Contiguous Land
Urban Growth Area
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.08.010 Words and Phrases. For the purpose of this Title, certain terms and words are defined in this
chapter. When not inconsistent with the context, words used in the present tense shall include the future;
the singular shall include the plural, and the plural the singular. The word "shall" is always mandatory and
the word "may" indicates a use of discretion in making a decision.
16.08.014 Cluster. A grouping of house lots within a subdivision, separated from other clusters by open
space. For the purposes of this Title, a cluster in a rural area:
(1) shall not exceed eight (8) house lots;
(2) shall establish an open space separation between clusters of at least 100 feet in width; and
(3) shall have not more than four clusters of house lots in any development.
16.08.015 Cluster Subdivision. A form of development that permits a reduction in minimum lot area and
bulk requirements, provided that there is no increase in the number of lots permitted under a conventional
subdivision or increase in the overall density of development, and in which the remaining land area is
devoted to open space, recreation, preservation of environmentally sensitive areas, or resource-based
activities.
16.08.020 Block. "Block" means a group oflots, tracts, or parcels within well-defined and fixed
boundaries.
16.08.030 Comprehensive Plan. "Comprehensive plan" means coordinated plans for the physical
development of the County, designating (among other things) plans and programs to encourage the most
appropriate use ofland and to lessen congestion throughout the County, in the interest of public health and
safety.
16.08.040 Condominium. "Condominium" means a multiple residential building or buildings organized·
under the "Horizontal Regimes Act of the State of Washington" so as to permit the individual mortgage,
sale, or transfer of suites or apartments and retaining to the purchaser and owner rights in certain common
areas and facilities.
16.08.050 County Officials. "County" means Mason County, State of Washington. "Board" means the
Board of County Commissioners of the County. "Planner" means the General Services Director of the
County Department of Community Development. " Planning Commission Hearing Examiner " means the
Planning Commission Hearing Examiner of the County. "Engineer" means the County Road Engineer.
"Health Officer" means the Mason County Health Officer.
16.08.060 Dedication. "Dedieation" means the deliberate appropriation ofland by an owner for any
general and public uses, reserving to himself no other rights than such as are compatible with the full
exercise and enjoyment ofthe public uses to which the property has been devoted. The intention to
dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the
dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for
filing by the appropriate governmental unit.
16.08.070 Easement. "Easement" means a grant by a property owner to a specific person, or to a
specific parcel of property, of the right to use that property for a specific purpose.
16.08.080 Final Plat. "Final plat" means the final drawing of the subdivision and dedication prepared
for filing for record with the County Auditor and containing all elements and requirements set forth in this
Title.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.08.085 Large Lot Subdivision. "Large lat sabdivisien" means every division or redivision ofland
into two (2) or more lots, each of which is larger than one-one hundred and twenty eighth of a section of
land, or five acres, and any one of which is smaller than one sixteenth of a section of land, or forty (40)
acres, for the purpose of sale, lease, or transfer of ownership; Provided that within Long-Term Commercial
Forest Land, as designated pursuant to Chapter 17.01 MCC, the thresholds shall be increased to an eighth
of a section of land, or eighty (80) acres.
16.08.090 Local Access Road or Street. "Leealaeeess read or street" means a road or street that
serves primarily a limited number of abutting properties. Generally, local access roads or streets will serve
twenty-five or fewer lots and will be wholly contained within the subdivision and afford no possibility of
extension.
16.08.100 Lot. ..!.!J:.6.t.!.! means a fractional part of subdivided lands having fixed boundaries, being of
sufficient area and dimension to meet minimum requirements for width and area. The term includes tracts
or parcels.
16.08.110 Lot, Double Frontage. "Daable frontage let" means a lot with street frontage along two
opposite boundaries.
16.08.120 Lot, Reverse Frontage. "Reverse frontage let" means a double frontage lot for which the
boundary along one of the streets is established as the rear lot line, and along the rear of which is an
easement as provided in Section 16.28.120. The rear lot line of the lot shall be that boundary abutting a
major street, railroad right-of-way, or other disadvantageous use.
16.08.130 Marginal Access Route. "Marginalaeeess rl:lHtes" mean roads parallel to and adjacent to
arterials which provide access to abutting properties and protection from through traffic. Marginal access
roads or streets will be construed as local access or secondary collectors dependent on area served and
traffic anticipated.
16.08.132 Out lot. An "out lot" is a tract ofland which does not have an adequate area, exclusive of all
setback, buffer, and open space requirements, to accommodate a residence (or other building where
residential use is prohibited), driveway, and parking, and, where required, a well, stormwater system, and
septic system and reserve area; or which is otherwise restricted from development as a residential or
commercial lot but may be intended for accessory purposes, such as stormwater management, playground,
or open space.
16.08.135 Performance Subdivision. A "Perfermanee Sabdivisien" is a subdivision or a short
subdivision in which the applicant seeks to gain additional residential density by designing the proposed
development in a manner which recognizes and preserves those land elements which are deemed by this
Chapter to be worthy of protection.
16.08.140 Planned Unit Development. "Planned anit development" means the unified development of
a site for the construction of residential, commercial, or industrial projects utilizing building groups, large
scale site planning, and the arrangement of specific structures and open spaces to permit a more
advantageous use of the property.
16.08.150 Plat. "Plat" means a map or representation of a subdivision, showing thereon the division of a
tract or parcel of land into lots, blocks, streets, and alleys or other divisions and dedications.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.08.160 Preliminary Plat. "Preliminary plat" means a neat and approximate drawing of a proposed
subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be
applicable to the subdivision and other elements of a plat or subdivision which shall furnish a basis for the
approval or disapproval of the general layout of a subdivision.
16.08.165 Primary Conservation Areas. "Primary Conservation ,A..reas" are wetlands, water bodies,
floodway, slopes of 15% or greater, and other lands identified as critical areas in the Mason County Interim
Resource Ordinance.
16.08.170 Right-of-Way. "Right of way" means that which provides vehicular circulation or principal
means of access to abutting properties, and which may also include provisions for public utilities,
pedestrian walkways, cut and fill slopes, and drainage.
16.08.180 Roadway. "Roadway" means that portion of a street right-of-way that is improved for
vehicular traffic.
16.08.185 Secondary Conservation Areas. "Seeondary Conservation Areas" are upland buffers
around wetlands and water bodies, prime agricultural land, natural meadows, slopes of 15% or greater,
ridge lines, areas abutting designated open space, flood plain and sites of historic, cultural or
archaeological significance.
16.08.190 Short Plat. "Short plat" means a document consisting of a map of a short subdivision,
together with written certificates, or dedications or data.
16.08.200 Short Subdivision. "Short subdivision" means every division or re-division ofland or
contiguous land into four (4) or fewer lots, any one of which is less than five (5) acres or one one-hundred
twenty-eighth (1/128) of a section of land, for the purpose of sale, lease, or transfer of ownership.
16.08.210 Street. "Street" means a public right-of-way which affords the principal means of access to
abutting property including avenue, place, way, drive, lane, boulevard, highway, road, and any other
.thoroughfare.
16.08.220 Street, County Arterial. "County arterial street" means a County road primarily serving
through traffic to, from, and between principal population, commercial, or industrial areas; such arterial
routes are designated on the County's arterial system.
16.08.230 Street, Cul-de-sac. "Cui de sae street" means a street opening at one end and having a turnaround at the other end.
16.08.240 Street, Primary Collector. "Primary eolleetor street" means a road or street that carries
traffic from secondary collectors, local access and marginal access roads, or streets to the major system of
arterial streets and highways. Generally, primary collectors will serve an area containing more than one
hundred lots.
16.08.250 Street, Secondary Collector. "Seeendary eolleetor street" means a road or street that carries
traffic from local access and marginal access roads or streets to the major collectors. Generally, secondary
collectors will serve areas containing more than twenty five and less than one hundred lots, and will be
wholly contained within a subdivision and afford no possibility of extension.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.08.260 Subdivider. "Subdivider" means any person, firm, corporation, association, or partnership
who undertakes to create a division of land.
16.08.270 Subdivision. "Subdivision" means the division or re-division ofland for the purposes of sale,
lease, or transfer of ownership into five (5) or more lots, any one of which is smaller than five (5) acres or
one one-hundred twenty-eighth (1/128) of a section ofland.
16.08.280 Panhandle Lot. "PanJ:umdle lot" means a division ofland with such a configuration that the
building area conforming to 16.28.170 (1) is connected to a road by a narrow strip.
16.08.290 Monuments. Monuments set as required by this code shall be of concrete with the following
dimensions: length - thirty inches, bottom - six inches square, top - four inches square. There shall be
imbedded in the concrete a number six rebar eighteen inches long. There shall be a metal disk showing the
surveyor's name or registration number, as well as punch mark denoting the angle point. Monuments
having a different configrtration may be approved by the engineer providing they have equal or better
durability and stability.
· 16.08.300 Original Tract. "Original traet" means a unit ofland or contiguous land which the owner
holds under single or unified ownership, or which the owner holds controlling interest on the effective date
of this amendment to Title 16, Plats and Subdivisions ofthe Mason County Code, by Ordinance 37-89.
The configuration of which may be determined by the fact that all land abutting a tract is separately owned
by others not associated by a land development business relationship with the owner.
16.08.310 Land. "Land" means all property or parcels of property in a single or unified ownership
regardless of the type or time of acquisition (excluding acquisition by easement) that are contiguous or
abutting upon each other and which may be in different sections or different government lots that are not
separated from each other by public roads, except lots in a recorded plat or short plat and those unrecorded
plats accepted and on record in the Mason County Assessor's Office, each of which is separate "land."
PROVIDED, that tidelands and shorelands shall not be considered land nor considered part of the
dimensional requirements for minimum lot size.
16.08.320 Tidelands and Shorelands. "Tidelands and shorelands" means the beach areas waterward
of the line of ordinary high water.
16.08.330 Contiguous Land. "Contiguous land" means all land adjoining and touching other land
(excluding acquisition of easement), and having the same owner regardless of whether or not portions of
the parcels have separate tax lot numbers, Assessor's Parcel Numbers, or were purchased at different times,
lie in different sections, different government lots, or are separated from each other by private road or
private right-of-way, or public or private easement. Provided, for the purpose of this ordinance, public
easement does not include public roads. Provided further that tidelands and shorelands shall not be
considered land nor considered part of the dimensional requirements for minimum lot size.
16.08.340 Urban Growth Area. Those such areas designated in the County Comprehensive Plan or other
land control ordinance.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.12
PRELlMIN,"'..RY SKETCH
Seetians:
1tJ.12JHO
16.12.020
Delivery Data
AppraYal ef Street Arrangements
16.12.010 DeliYery Data. "\Vhenever any person shall desire to plat or replat any land lytng in Mason
County outside the corpo=rate limits of a municipality, preliminary sketches shall be delivered to the County
Planner one week prior to a regular Planning Commission meeting for consideration and approval by the
Planning Commission of all features ofpublic interest. The sketch shall show all streets, alleys, and
highvrays in the prqposed plat and in surrounding plats and unplatted property. So far as practicable and
with due regard for topographic conditions, streets, alleys, and highways in the proposed plat shall conform
to those in adjoining plats and to the policies in the Comprehensive plan or other development plans and
land control ordinances as may be adopted by the Board. The sketch may be Vlaived at the option of the
Planning Commission.
16.12.020 Approval ef Street Arrangement. Upon e~camination and approval of street arrangements, a
copy of the preliminary sketch and accompanying data shall be held in the files ofthe Planning
Commission until final approval of the plat.
CHAPTER 16.16
PRELIMINARY PLAT
Sections:
16.16.005
16.16.010
16.16.020
16.16.030
16.16.040
16.16.050
16.16.060
Pre-Application Review
Application for Approval
Public Hearing
Scale
Information Required
Preliminary Street Grades, Utility and Drainage Facilities
Approval
16.16.005 Pre-Application Review. Prior to making application for a Preliminary Plat, prospective
applicants shall request a pre-application review to discuss the Preliminary Plat and Final Plat requirements
and their proposal, with the Planning Department, Building Department, Fire Marshal, Public Works
Department, Environmental Health Department, and other agencies as appropriate.
16.16.010 Application For Approval. For the purpose of expediting the final approval of any plat, the
subdivider shall make application for approval of a preliminary plat to the Planning Commission Hearing
Examiner, at the office of the Planner. Together with the application, the subdivider shall submit ten
copies of the preliminary plat at least 60 (sixty) days prior to the Planning Commission Hearing Examiner
meeting at which action is desired. The Planner, on behalf of the Planning Commission Hearing
Examiner, shall submit copies of the plat to:
(a) Engineer, Health Officer, and other County officials concerned with the scope of their
municipal department functions;
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
(b) Director of State Highways when such plats are located adjacent to the rights-of-way of State
highways;
(c) The proper city officials when such land to be platted is in the urban growth area or within
1000 feet of its boundary.
16.16.020 Public Hearing. Upon receipt of an application for preliminary plat approval, the Planner shall
set a date for a public hearing. At a minimum, notice of the application and public hearing shall follow the
procedures of Title 15 Sec. 15.07. hearing shall be given in the follo'.ving manner:
(a) Notioe shall be published not less than ten days prior to the hearing in a nev,rspaper of general
circulation within the County and a newspaper of general circulation in the area where the real property
whioh is proposed to be subdivided is located;
(b) Speoial notice of the hearing shall be given to adjacent landovmers by any other reasonable
method local authorities deem necessary. Adjacent landovmers are the owners of real property, as shown
by the records of the County Assessor, located v1ithin three hundred feet of any portion of the boundary of
the proposed subdivision. If the ovmer of the real property whioh is proposed to be adjacent to the real
property proposed to be subdivided, notice under this subsection shall be given to ovmers ofreal property
located vlithin three hundred feet of any portion of the boundaries of such adjacently located parcels of real
property ovmed by the o?mer of the real property proposed to be subdivided. All hearings shall be public.
All hearing notices shall include a description of the location of the proposed subdivision. The description
may be in the form of either a vicinity location sketch or a vlritten description other than a legal
description.
16.16.030 Scale. The scale of the preliminary plat shall be one hundred feet to the inch (additional scales
may be used to show details) and shall contain information specified in this chapter.
16.16.040 Information Required. The preliminary plat shall specifically and clearly show the following
features and information on one or more maps and drawings:
(a) The name of the proposed plat, subdivision, or dedication;
(b) A legal description of all lands included in the proposed plat, subdivision, or dedication;
(c) Existing monuments and markers;
(d) The boundary lines of the tract to be subdivided;
(e) Location, width, and names of all existing or platted streets or other public ways within the
proposed development and other important features, such as the general outline of permanent buildings,
watercourses, utilities, railroad lines, municipal boundaries, township lines, and section lines;
(f) The general location and size of all existing wells, sewers, water mains, culverts, and other
underground installations within the tract and immediately adjacent thereto, as far as can be determined;
(g) Contours of sufficient interval to show the topography of the entire tract, and at least one
hundred feet beyond the tract boundaries, unless specifically waived by the planner;
(h) The layout of proposed street right-of-way lines, alley and easement lines, and the layout and
approximate dimensions of lots and blocks;
(i) Tentative grades of each street;
G) All parcels of land intended to be dedicated or temporarily reserved for public use or to be
reserved in the deeds for the common use of the property owners in the subdivision. The purpose,
condition, or limitations of such dedications.or reservations shall be clearly indicated;
(k) The indication of any portion or portions of the plat for which successive or separate final plats
are to be filed;
(1) A vicinity sketch indicating the boundary lines and names of adjacent subdivisions, ownerships,
streets, and tract lines of adjacent parcels, and the relationship of the proposed plat to major highways,
schools, parks, shopping centers, and similar facilities;
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
(m) the names and addresses of adjacent owners shall be required to comply with Section
16.16.020;
(n) Two copies of the proposed restrictive covenants, if any;
(o) Replats. If the plat constitutes a replat, the lots, blocks, streets, etc., of the original plat shall be
shown with dotted lines in their proper positions in relation to the new arrangement of the plat, the new
plat being so clearly shown in solid lines as to avoid ambiguity, all as required by law;
(p) A homeowners association, or other legally constituted body, may be required to operate
private roads and/or utility systems.
16.16.050 Preliminary Street Grades, Utility & Drainage Facilities. So far as practicable and with due
regard for topographic conditions, the highways, streets, alleys, and walkways in the proposed plat shall
connect and conform to those in adjoining plats and conform to the policies in the Comprehensive Plan,
other development plans, and land control ordinances as may be adopted by the Board. The subdivider or
applicant shall submit:
(a) Two copies of proposed drainage, proposed street grades and profiles, cross sections, and a
monumentation plan shall be submitted to the Engineer.
(b) If the subdivider elects to install sewers, water lines, or street lighting, he shall indicate the
source and method of distribution, collection, or treatment, and include two copies of the
general layout of such utilities with the preliminary plat. These plans for all utilities--roads,
streets, and other public improvements--will be certified by a registered engineer, unless this
requirement is specifically waived for good and just reason.
(c) Natural watercourses and drainage ways shall be located within an easement reserving to the
County the right to enter such properties for the purpose of flood control or protection.
(d) Plans, profiles, and specifications of proposed improvements shall be furnished at the time of
submitting a preliminary plat for approval, and be approved by the County Engineer before the
plat is presented to the Board of County Commissioners Hearing Examiner.
(e) All private roads and/or easements shall be designated private and printed on the face of the
subdivision plat.
Such plans and profiles shall show full details of the proposed improvements, which shall be according to
the standards for the County as defined by action of the Board. They shall be drawn upon standard twentythree inch by thirty-nine inch Federal Aid Plan profile sheets.
16.16.060 Review and Approval. The following procedures must be met:
(a) A preliminary plat application shall expire if additional information is requested by the County
that is necessary to process the application, and such information is not provided to the County within 180
days ofthe.reguest.
ili.} The Hearing Examiner shall consider the preliminary plat at the next regularly scheduled
meeting after the expiration of the 60 days required in section 16.16.010 and shall render a decision on
such plat within forty days of the meeting at which the plat is first considered unless written permission is
given by the applicant for a longer period of time. Prior to approval the Hearing Examiner shall make
written findings that: (a) the preliminary plat makes appropriate provisions for public health, safety, and
general welfare and for open spaces, drainage ways, streets or roads, light and air, ingress and egress,
transit stops, sanitary wastes, parks and recreation areas, playgrounds, schools and schoolgrounds, and all
other relevant facts, including sidewalks and other planning features that assure safe walking for students
who only walk to and from school; and (b) the public use and interest will be served by the platting of such
land. If it finds that the proposed subdivision and dedication makes appropriate provisions and the public
use and interest will be served, then the Hearing Examiner may approve the preliminary plat outright or
conditionally. The public interest shall not include the regulatory taking of any contractual rights, options,
or any other third-party interest in land, which if the preliminary plat were approved, may render such
10
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
interests valueless. In such case, the Hearing Examiner may deny the preliminary plat until such interest is
removed from the property which is the subject of the preliminary plat.
In computing any period of time prescribed by this Title, the day of the act from which the designated
period of time begins to run shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, Sunday, or a County legal holiday, in which event the period runs until
the end of the next day which is neither a Saturday, Sunday, or a County legal holiday.
(b .Q) The approval of a preliminary plat shall not guarantee final approval of the plat or
subdivision nor constitute an acceptance of the subdivision. Approval shall be authorization to proceed
with the preparation of the final plat along the lines indicated in the approval of the preliminary plat.
(e g) A final plat meeting all requirements of this Title shall be submitted to the Board of County
Commissioners Hearing Examiner for approval within three (3) years of the date of preliminary plat
approval. An applicant who files a written request with the General gef'fiees Department of Community
Development at least thirty (30) days before the expiration of this three (3) year period shall be granted one
one-year extension upon showing that the applicant has attempted in good faith to submit the final plat
within the three (3) year period. Requests for additional one (1) year extensions must be approved by the
Board of County Commissioners Hearing Examiner. Requests must be made in writing and submitted to
the Department of General gt:wviees Community Development at least thirty (30) days before the expiration
of the previously granted extension. Knowledge of the expiration of the initiation of a request for
extension of approval time is the responsibility of the applicant. Mason County is not responsible for
providing notification of expiration, although it may notify the applicant of the date of expiration.
(d ~)Renewal Procedure: A plat for which preliminary approval has expired shall be submitted
for reconsideration in the same manner as a new application, provided the required fees shall be reduced
by 50 percent and further provided that such plats shall conform with regulations and standards in effect at
the time of reapplication.
(e f) Plats without an approved sanitary or municipal sewage works, shall have at least 75 percent
of the lots approved by the Mason County health officer for individual septic tanks prior to approval by the
Planning Commission Hearing Examiner. Plats within the urban growth area shall be approved by the
Mason County health officer prior to approval by the Planning Commission Hearing Examiner. Such
approval may contain restrictions on some lots which would run with the land until such time that the lots
can be connected to eity sewer and water services.
(f g) Preliminary approval of the County Engineer in all aspects of a preliminary plat concerning
his office, preliminary approval of the County Fire Marshal in all aspects of a preliminary plat concerning
his office, and preliminary approval of the Mason County Health Officer in all aspects concerning his
office must be obtained prior to the preliminary plat hearing.
11
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.20
FINAL PLAT
Sections:
16.20.010
16.20.020
16.20.030
16.20.040
16.20.050
16.20.060
16.20.070
16.20.080
16.20.090
16.20.100
Procedure for Filing
Drafting Standards
Required Information
Survey Data and Procedures
Dedications
Required Improvements
Construction Standards
Minimum Improvements--Completion
Acknowledgement and Certificates
Filing and Fees
16.20.010 (A) Procedure for Filing. (a) For purposes of filing a final plat, the subdivider shall submit to
the Planner an original final plat tracing and three dark line prints thereof. The Planner shall examine the
plat for compliance with the provisions of this Title. The Planner may allow minor changes in approved
preliminary plats for final plat filing. PROVIDED, The changes do not increase the density within the
plat. If the final plat is deemed to be in correct form and to contain the required information, two copies of
the plat drawing shall be certified by the Planner and forwarded to the Engineer.
(b) After receiving copies of the final plat, the Engineer shall examine or have examined the map
as to sufficiency of affidavits and acknowledgements, correctness of surveying data, mathematical data and
computations, and such other matters as require checking to insure compliance with the provisions of State
laws pertaining to subdivisions and with this Title. Traverse sheets (computation of coordinates) and work
sheets showing the closure of the exterior boundaries and of each irregular lot and block shall be furnished.
If the final plat is found to be in correct form and the matters shown thereon are sufficient, the Engineer
shall certify and return one copy of the final plat to the Planner.
(c) The Engineer, General Services Director of Department of Community Development,
Assessor, and Treasurer shall sign the final plat tracing prior to its presentation to the Board of County
Commissioners Hearing Examiner.
. (d) A final plat application shall expire if additional information is requested by. the County that is
necessary to process the application, and such information is not provided to the County within 180 days of
the request.
(d ~)After being approved as required by subsection (c) above, the final plat shall be presented to
the Board of County Commissioners Hearing Examiner. Each subdivision shall be accompanied by a
certificate of Title, dated not to exceed ten minutes prior to submitting a plat for final approval, showing
the names of all persons, firms, or corporations whose consent is necessary to dedicate road, street, and
other easements upon the map. After finding that the final plat has been completed in accordance with the
provisions of this Title, and that all required improvements have been completed or that arrangements or
contracts have been entered into to guarantee that such required improvements will be completed, and that
the interests of the County are fully protected, the Board of County Commissioners Hearing Examiner will
sign the final plat accepting such dedications and easements as may be included thereon, and the final plat
shall be returned to the applicant for filing for record with the County Auditor as provided in Section
16.20.100.
(e DAn approved subdivision shall be governed by the terms of approval of the final plat, and the
statutes, ordinances, and regulations in effect at the time of approval under RCW 5 8.17.150 (1) and (3) for
a period of five years after final plat approval unless the Board of County Commissioners finds that a
12
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
change in conditions creates a serious threat to the public health or safety in the subdivision.
16.20.010 (B) Final Plat Approval. The Board of County Commissioners Hearing Examiner before
approving the final plat shall make written findings that: (a) the Final Plat makes appropriate provisions
for public health, safety, and general welfare and for open spaces, drainage ways, streets or roads, light and
air, ingress and egress, transit stops, potable water supplies, sanitary wastes, other public ways, parks and
recreation areas, playgrounds, sites for schools and schoolgrounds, and all other relevant facts, including
sidewalks and other planning features that assure safe walking for students who only walk to and from
school; and (b) the public use and interest will be served by the platting of such land.
16.20.020 Drafting Standards. (a) The final plat shall be clearly and legibly drawn in ink upon tracing
cloth, stable base mylar polyester film or, other approved material. Photographic reproduction on stable
base mylar film may be substituted.
(b) The scale of the plat shall be one inch equals one hundred feet. Lettering shall be at least three
thirty-seconds inch high. The perimeter of the plat or subdivision being recorded shall be depicted with
heavier lines than the remaining portion of the plat or subdivision.
(c) The size of each sheet shall be twenty inches high by twenty-two inches wide.
(d) A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin
of three inches on the left side, and one inch on each of the other three sides.
(e) If more than two sheets are used, an index of the entire subdivision showing the arrangement of
all sheets shall be included on each sheet.
(f) The plat Title, date, scale, and north point shall be shown on each sheet of the final plat.
(g) All signatures placed on the final plat shall be original signatures written in permanent black
ink.
16.20.030 Required Information. The following information is required on the final plat:
(a) Full and complete legal description of all land included in the plat;
(b) Location and names, without abbreviations, of all:
(1) streets and alleys
(2) public areas and easements
(3) adjoining streets
(4) street names previously approved by the County;
(c) The length and bearings of all straight lines, radii, arcs, and semi tangents of all curves;
(d) Centerline data on streets, alleys, and easements, including bearings and distances;
(e) All dimensions along the lines of each lot, in feet and decimals of a foot to the nearest
hundredth, with the true bearings and any other data necessary for the location of any lot line in the field;
(f) The final plat shall show the centerline data, width and side lines of all easements, and right-ofway to which the lots are subject. If the easement is not definitely located of record, a statement as to the
easement shall appear on the Title sheet;
(g) Easements for storm drains, sewers, and other purposes shall be denoted by broken lines;
(h) Each easement shall be clearly labeled and identified and if already of public record, proper
reference given;
(i) The final map shall show city or County boundaries crossing or adjoining the subdivision;
(j) Subdivisions will be numbered in sequence of filing. Lots shall be numbered in sequence. No
two lots in any subdivision shall bear the same number, notwithstanding division of the platted subdivision
into separate blocks;
(k) In the event that more than one plat sheet is used, a lot shall be shown entirely on one sheet;
(1) The final plat shall show clearly what stakes, monuments, or other evidence was found on the
ground which were used as ties to establish the boundaries of the tract;
1.3
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
(m) Lots containing one acre or more shall show net acreage to the nearest hundredth;
(n) All required dedications, endorsements, covenants, affidavits, and certificates shall show on the
face of the final plat;
(o) The final plat shall show the subdivision of the section or sections involved and show the
township and range.
16.20.040 Survey Data and Procedures. In making any survey required under this Title, the following
shall be considered and/or included:
(a) Surveys in connection with the preparation of subdivision maps as required in this Title shall
be made in accordance with the standard practices and principles ofland surveying. A traverse of the
boundaries of the subdivision and all lots and blocks shall close within an error of one foot in five
thousand feet;
(b) Ties to Washington Coordinate System (1945 Ch. 168 Sec. 1-10): Where the section including
the proposed subdivision is within one-half mile of a triangulation or traverse station for which coordinates
based on the Washington Coordinate System have been established, the section subdivision required by
RCW 58.17 shall be supplemented by coordinates computed on the State Coordinate System in accordance
with the provisions of Ch. 58.20 RCW, as derived from Ch. 168, Laws of 1956;
(c) Radius, tangent, arc, and central angle of curves;
(d) Suitable primary survey control points referenced to:
(1) section comers, and
(2) monuments existing outside of subdivision;
(e) Location and descriptions of all permanent monuments within subdivision;
(f) Ties to any city or county boundary lines involved;
(g) The comers of adjoining subdivisions or portions thereof shall be identified and ties shown;
(h) Sufficient data shall be shown to determine readily the bearing and length of each line, and the
basis of meridian referred to;
(i) Whenever the engineer has established the centerline of a road, such data shall be considered in
making the surveys and in preparing the first map, and all monuments found shall be indicated and proper
reference made to field books or maps of public record relating to the monuments. If the points were reset
by ties, that fact shall be stated;
(j) In making the survey for the subdivision, the surveyor shall set sufficient permanent
monuments so that the survey or any part thereof may be readily retraced. Such monuments shall be
placed at all angle points, except as provided in 16.20.040 (1 ), on the exterior boundary lines of the tract,
and at intersections of centerlines of streets and at beginning of curves and end of curves on centerlines.
Stakes set at lot comers will not be considered permanent. The character, type, and position of all
monuments shall be noted on the map.
Each control point marking the boundary of the plat shall be accurately marked by monument set
flush with the ground as approved by the County Engineer. Each lot comer shall be marked by a steel peg
driven into the ground; such steel peg shall be a standard number 6 rebar 30 inches long, the top three
inches to protrude above ground level and be painted a light color, using rust inhibitive paint.
It is intended that all monuments shall be set after the grading of streets. In case the plat is
approved prior to completion of grading, temporary monuments shall be set and tied out and the bond or
other security deposited to insure the grading shall be increased to the amount of the Engineer's estimate of
the cost of resetting monuments after grading is completed;
(k) For each monument set, the surveyor under whose supervision the survey has been made shall
furnish to the Engineer a set of notes showing clearly the ties between monument and a sufficient number
(normally four) of durable distinctive reference points or monuments. Such reference points to
monuments may be leads or tacks in sidewalks or such substitute therefore as
appears most likely not to be damaged or disturbed. Such set of notes shall comply with standards set by
14
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
the Engineer, and shall be indexed and filed by the Engineer as a part of the permanent records;
(1) When a subdivision borders on a body of water, a plat meander line shall be established along
the shore at a safe distance back from the ordinary high-water mark of such body of water. Property lying
beyond such meander line shall be defined by distances along the side property lines extended from the
meander line. Wherever the thread of a stream forms a boundary of a plat, such stream thread shall be
defined by bearings and distances as it exists at the time of the survey;
(m) All documents, maps, and survey books shall contain the name of the subdivider and the name
of the registered land surveyor doing the survey.
16.20.050 Dedications. (a) All streets, highways, and parcels ofland shown on the final map and
intended for any public use shall be offered for dedication for public use, except where the provisions of
this Title provide for private streets.
(b) Streets, or portions of streets, may be required by the County for future dedication where the
immediate opening and improvement is not required, but where it is necessary to insure that the County
can later accept dedication when the streets become needed for further development of the area or adjacent
areas.
(c) Easements being dedicated shall be so indicated on the face of the plat.
16.20.060 Required Improvements. The minimum improvements which the subdivider will be required
to make or enter into an agreement to make prior to the acceptance and approval of the final plat by the
Board of County Commissioners Hearing Examiner shall be: (a) Adequate grading and surfacing of
streets, highways, ways, and alleys as per minimum standards established by the Board;
(b) All regulatory and warning signs required by and in conformity with the Washington State
Highway Department "Manual for Signing" current edition;
(c) Adequate drainage ofthe subdivision streets, highways, ways, and alleys;
(d) Monuments. Monument cases, approved by the Engineer, shall be required in all paved
streets;
(e) Other improvements may be required under circumstances cited in the Board's Hearing
Examiner's action;
(f) All improvements shall be installed to grades approved by the Engineer;
(g) When a subdivision is located in a water district, sewer district, or other such district, plans of
necessary utility lines, pumping stations, fire hydrants, or other such installations shall be approved by the
proper authority prior to submission of the final plat. "As built" plans of water, sewer, and other utilities
shall be filed with the Engineer.
16.20.070 Construction Standards.
(a) Minimum construction standards appropriate to the locality, topography, soil conditions, and
geology of Mason County pertaining to the construction of roads, bridges, drains, culverts, monuments,
and other required improvements, have been prepared and adopted by the Board of County Commissioners
of Mason County. All improvements shall be constructed in conformity with such current standards as
they may be amended by resolution of the Board from time to time.
(b) Improvements on and construction of private or corporate roads shall comply with the
minimum construction standards for dedicated roads or streets as adopted by the Board. If private or
corporate roads are established in any plat, each lot shall have an equal, undivided, and indivisible interest
in such private or corporate roads (see Section 16.20.090(d)).
16.20.080 Minimum Improvements--Completion. At the time of requesting final approval, the
subdivider, subject to the approval ofthe Board of County Commissioners Hearing Examiner, shall elect to
carry out the required minimum improvements by one of the following methods: (a) By actually installing
15
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
the minimum improvements required hereunder. Improvements may include road, utilities, drainage, or
other required work;
(b) By furnishing Mason County with a performance bond satisfactory to the County Prosecuting
Attorney, in which assurance is given to the County that the installation of minimum improvements will be
carried out as provided herein. Bonds should be separate for different types of improvements;
(c) If such improvement work is not competed satisfactorily before the final map is approved, the
owner or owners of the subdivision shall, immediately upon approval and before the certification of the
final map by the County, enter as contractor into an agreement with the Board of County Commissioners,
whereby, in consideration ofthe acceptance by the Board of County Commissioners ofthe streets and
easements offered for dedication, the contractor agrees to complete the work within the time specified in
the agreement. To assure the County that this work will be completed and lien holders paid, a bond shall
be furnished guaranteeing faithful performance and guaranteeing payment for labor and materials. The
amount of such bond shall be determined by the Engineer, and approved by the Board of County
Commissioners as to the amount and adequacy of the bond. The performance bond shall be for a period of
two years; Provided, that it may be renegotiated for an additional two year period. In lieu of a bond, a cash
deposit in the required amount may be made;
(d) By a combination of these methods;
(e) In addition, Mason County shall require the posting of a bond securing the successful operation
of improvements for two years after completion, unless specifically exempt by the BOOfd Hearing
Examiner.
(f) The County shall not assume maintenance of or accept liability for dedicated roads, streets, or
public rights-of-way in subdivisions until the Board shall, upon recommendation of the Engineer, execute
a formal order of establishment of such roads or streets in accordance with RCW 36.81.
16.20.090 Acknowledgement and Certificates. The following forms shall be used for
acknowledgements and certificates required under this Title:
(a) Description:
"This plat of John Doe's Addition to the City of Shelton, Mason County, Washington, covers and
includes all of the Southwest Quarter of the Southwest Quarter (SW 1/4 of the SW 1/4) of Section
Eighteen (18), Township Twenty (20) North, Range Three (3) West of the Willamette Meridian."
(b) Dedication. The completed plat must contain a dedication which shall read as follows, when
germane:
"Know all men by these presents that
, the undersigned,
owner,
in fee simple of the land declare this plat and dedicate to the use of the public forever all streets,
avenues, places, and sewer easements or whatever public property there is shown on the plat and
the use thereof for any and all public purposes not inconsistent with the use thereof for public
highway purposes. Also, the right to make all necessary slopes for cuts and fills upon lots, blocks,
tracts, etc., shown on this plat in the reasonable grading of all streets, avenues, places, etc., show
hereon. Also, the right to drain all streets over and across any lot or lots where water might take a
natural course after the street or streets are graded. Also, all claims for damages against any
governmental authority are waived which may be occasioned to the adjacent land by the
established construction, drainage, and maintenance of said roads."
IN WITNESS WHEREOF we set our hands and seals this_ day of __ A.D., 20_."
16
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Plats containing private dedications shall be worded appropriately, but contain the following:
"All claims for damages against any governmental authority are waived which may be occasioned
to the adjacent land by the established construction, drainage, and maintenance of said roads."
(c) Acknowledgement.
"STATE OF WASHINGTON
COUNTY OF MASON
)
ss
)
This is to certify that on this _ day of 20 _, before me, the undersigned, a Notary Public,
personally appeared
, to me known to be the person(s) who executed the foregoing
dedication and acknowledged to me that
signed and sealed the same as _ __
_ _ _ _ free and voluntary act and deed for the uses and purposes therein mentioned.
Witness my hand and official seal the day and year first above written.
Notary Public in and for the
State of Washington, residing
at _ _ _ _ __
(SEAL)''
(d) Covenants. The following covenants shall show on the face of the final plat:
(1) All lots shall be subject to an easement five feet in width and parallel and
adjacent to all lot lines, except that this easement shall be ten feet in width along lot lines
where lots are not contiguous for purposes of installation and maintenance of all utilities
and drainage and all lots shall also be subject to the right of overhead easements of electric
and telephone wires over portions of lots where roadway curvature causes the same to
occur.
(2) The sale or lease ofless than a whole lot in any subdivision platted and filed
under Title 16.20 Mason County Code is expressly prohibited except in compliance with
Title 16.20 or 16.36 Mason County Code.
(3) This covenant shall be required when the plat contains private roads.
The cost of constructing and maintaining all roads not herein dedicated as public roads shall be the
obligation of all of the owners of the lots in the plat and/or of any additional plats that may be
served by said streets, and the obligation to maintain shall be concurrently the obligation of any
corporation in which Title of the roads and streets may be held. In the event that the owners of any
lots served by the roads or streets of this plat shall petition the Board of County Commissioners to
include these roads or streets in the public road system, the petitioners shall be obligated to bring
the same to County road standards in all respects, including dedication of right-of-way, prior to
acceptance by the County.
(e) Certificates.
(1) The completed plat must show certificate from the land surveyor who platted
the property, namely:
17
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
"I hereby certify that the plat of
is based on an actual survey and
subdivision of Section __ , Twp. _ N., R _ , W.W.M., as required by State Statutes;
that the distances, courses, and angles are shown thereon correctly; that the monuments
shall be set and lot and block comers shall be staked correctly on the ground; that I fully
complied with the provisions of the State Statutes and regulations governing platting and
that it conforms to the approved preliminary plat and the conditions of approval thereof."
(SEAL)
(2) "I hereby certify that all State and County taxes heretofore levied against the
property described hereon, according to the books and records of my office, have been full
paid and discharged, including
taxes.
11
Treasurer of Mason County
(3) "Examined and approved this _
day of
20 _
Mason County Road Engineer "
(4) "Examined and generally approved for individual sewage systems with
community water supply. Except lots
. Each lot is subject to building site
approval.
Mason County Health Officer
By_ _ _ _ __
Sanitarian
"
(5) "Examined and approved this_ day of _ _ _ _ 20_
Mason County Assessor
"
(6) "Examined and approved this_ day of _ _ _ _ 20_.
Mason County Community Development General Services Director"
(7) "Examined and approved this_ day of _ _ _ _ 20_
Hearing Examiner Chairman, Board of County Commissioners,
Mason County, Washington"
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
(8) "Filed for record at the request of the
this_ day of _ _ __
A.D., 20_ at
minutes past
M., and recorded in Volume _ _ of
Plats, page _ , Records of Mason County, Washington.
Mason County Auditor
BY _ _ _ _ __
Deputy County Auditor "
16.20.100 Filing and Fees. (a) The final plat, subdivision, or dedication, shall be duly filed with and
recorded by the County Auditor upon receipt of the full amount of the filing fees according to the
provisions ofRCW 36.18.010, 36.18.030, 36.18.040, 36.18.045, 43.07.120, 62A. 9-403 and 62A. 9-404.
(b) No subdivision map shall be filed with the County Auditor until the County Treasurer has
certified that all delinquent taxes and assessments on the property and all taxes and assessments on the
property that have been levied and are payable have been paid as of the date of the filing.
(c) A certificate of Title from a reputable abstractor or a reputable Title insurance company shall
be submitted which shall name all parties interested in the land to be platted, and certify that taxes have
been paid as required by law, such certificate shall be dated not to exceed ten minutes prior to time of
submitting plat to Board of County Commissioners Hearing Examiner for approval.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Chapter 16.22
Performance Subdivisions
Sections:
16.22.010
16.22.020
16.22.030
16.22.031
16.22.032
16.22.034
16.22.036
16.22.037
16.22.039
16;22.040
16.22.042
16.22.044
16.22.046
16.22.050
16.22.060
Application of Regulations
Preliminary Sketch Plan Required
Performance Criteria
Minimum Lot Sizes Established
Primary Conservation Area
Secondary Conservation Areas
Additional Open Space Criteria
Site Design Considerations
Mixed Uses
Ownership, Maintenance and Use of Open Space
Ownership
Maintenance
Use
Procedures for Approval
Transfer of Density
16.22.010 Application of Regulations. The following regulations shall apply to any applicant for
subdivision approval who is seeking an increase in the standard density allowed in the development area in
which the proposed development is located. While additional information is required of the applicant for
the review of a performance subdivision, it is the intent of this Chapter that the procedural requirements for
performance subdivisions shall be no more difficult than those established for traditional subdivisions.
Performance subdivisions are not permitted within Long-Term Commercial Forests, Mineral Resource
Areas, or Agricultural Resource Lands .
16.22.020 Preliminary Sketch Plan Required. Any applicant submitting a proposal for a Performance
Subdivision shall submit a prelimiaary sketch plan for review during the Preliminary Plat process. In
addition to the information required in Section 16.16.050 16.12.010, the prelimiaary sketch plan shall be
submitted that shows the Primary Conservation Areas, Secondary Conservation Areas, and proposed
development areas. A public hearing shall not be required at this time. However, abutters to the property
and members of the general public shall be encouraged to attend the Planning Commission Hearing
Examiner review of the sketch plan. Public comment at this stage is intended to minimize the need for
significant plan changes during review of subsequent submittals.
16.22.030 Performance Criteria. Land proposed for development under this Chapter shall receive the
residential density bonuses allowed, provided that they meet the design and performance standards set
forth in this chapter7
16.23.032 Minimum Lot Sizes Established. No lot for which the construction of a residential dwelling
is proposed shall be less than 20,000 square feet in gross land area.
16.22.032 Primary Conservation Areas. Primary Conservation Areas shall be clearly identified, and
shall be set aside as permanent open space. Primary Conservation areas shall be included in the calculation
of both standard and maximum density allowed, but they shall not be used in calculating the percentage of
permanent open space required.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.22.034 Secondary Conservation Areas. Secondary Conservation Areas shall be identified and shall,
to the greatest extent possible, be avoided as development areas. The minimum threshold for qualification
as a Performance subdivision is that at least fifty (50%) percent of the buildable area of the property be set
aside as permanent open space. Buildable area excludes Primary Conservation Areas, but includes
Secondary Conservation areas. At least twenty-five (25%) of the minimum required open space shall be
suitable for active recreation purposes, but no more than fifty (50%) percent shall be utilized for that
purpose, in order to preserve a reasonable proportion of natural areas on the site. Upon reaching this
threshold, the applicant shall be entitled to a density bonus equal to fifty (50%) percent of the difference
between the Standard Residential Density and the Maximum Residential Density allowed within the
particular Development Area.
16.22.036 Additional Open Space Criteria. The design of an open space area shall require the
following:
A.
B.
C.
D.
E.
Interconnection with designated open space on abutting properties where applicable;
The preservation of important site features, such as rare or unusual stands of trees, unique
geological features, or important wildlife habitat;
Direct access from as many lots as possible within the development; and
Minimizing the fragmentation of the open space areas. To the greatest extent possible, the
designated open space shall be located in large, undivided areas.
A curvilinear roadway design which minimizes the visual impact of houses as may be seen from
the exterior of the site.
Compliance with the provisions set forth in this Section shall entitle the applicant to a residential density
bonus equal to twenty-five (25%) percent of the difference between the Standard Residential Density and
the Maximum Residential Density allowed within the particular Development Area.
16.22.037 Site Design Standards. The siting ofhouse lots shall avoid the following:
A.
B.
C.
D.
Interruption of scenic views and vistas;
Construction on hill tops or ridge lines;
Direct access or frontage on existing public ways;
A "linear" configuration of open space (except when following a linear site feature, such as a river,
creek or stream).
Compliance with the provisions set forth in this Section shall entitle the applicant to a residential density
bonus equal to twenty-five (25%) percent of the difference between the Standard Residential Density and
the Maximum Residential Density allowed within the particular Development Area.
16.22.039 Mixed Uses. In Urban Growth Areas, applicants are encouraged to provide a mix ofland uses
in addition to residential uses on the site, such as small-scale retail uses. Compliance with the provisions
set forth in this Section shall entitle the applicant to a residential density bonus equal to twenty-five (25%)
percent of the difference between the Standard Residential Density and the Maximum Residential Density
allowed within the particular Development Area. However, in no case shall the total of residential density
bonuses allowed exceed the allowed Maximum Residential Density within the Development Area.
16.22.040 Ownership, Maintenance and Use of Open Space. The applicant shall provide a mechanism
to assure that any required open space is permanently protected and maintained.
21
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.22.042 Ownership.
A.
The open space may be conveyed by fee simple instrument to an owner's association, to the
County (subject to County approval), or to an entity (for example, a land trust) acceptable to the
County who has demonstrated capacity to provide for the long-term protection and maintenance of
the property.
B.
The open space may be kept by the applicant, and used for any of the purposes set forth in Section
16.12.046.
16.22.044 Maintenance.
Any conveyance of the required open space shall include an endowment of funds equal to at least twenty
(20) times the annual estimated maintenance cost, in order to assure that the property will be maintained.
The requirement for an endowment may be waived upon conveyance to an owner's association, provided
that the bylaws of said association shall require regular payments from members to defray maintenance
costs. The bylaws shall also include provisions for the recovery of funds in the event of default.
16.22.046 Use.
A.
The primary uses of open space set aside pursuant to this section are active and passive recreation,
protection and preservation of critical areas, and preservation of other natural elements of
importance to the community, and to the residents of the development. Other uses permitted
within open space areas are forestry and agriculture, provided that these uses do not occur within
any required buffer yard.
B.
Open space set aside pursuant to this Chapter may be designated by the applicant as "future
development area." Such designated area shall be kept and maintained as open space, until such
time as the land may be designated for development at urban densities. At any time after such
change in land use designation occurs, the "future development area" land may be developed in
accordance with the regulations in effect at that time. Such development shall require a new,
separate application. Primary Resource Areas and buffer yards shall not be designated as "future
development areas."
16.22.050 Procedures for Approval. Preliminary approval for any performance subdivision shall follow
the procedures set forth in Chapter 16.16, except that the submittal of a preliminary sketch plan is required.
16.22.060 Transfer of Density.
Upon analysis of all of the opportunities and constraints identified on a specific parcel ofland, if it is
determined that the use of the provisions set forth in this Chapter will not result in the use of the maximum
density allowed, then the applicant shall have the right to transfer any unused development density to any
parcel of land located in an Urban Growth Area. By use of this transfer right, maximum density allowed in
the Urban Growth Area may be exceeded by up to fifty (50%) percent.
22
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Chapter 16.23
Cluster Subdivisions
Sections:
16.23.010
16.23.020
16.23.030
16.23.032
16.23.035
16.23.040
16.23.042
16.23.044
16.23.046
16.23.048
16.23.050
16.23.060
16.23.070
Application of Regulations
Preliminary Sketch Plan Required
Maximum Lot Sizes Established
Minimum Lot Sizes Established
Minimum Agricultural Resource Land Open Space Lot Size
Design Criteria
Primary Conservation Areas
Secondary Conservation Areas
Additional Open Space Criteria
Additional Site Design Considerations
Ownership, Maintenance and Use of Open Space
Procedures for Approval
Transfer of Density
16.23.010 Application of Regulations. The following regulations shall apply to any applicant for
subdivision or short plat approval, where the property proposed for subdivision or short plat is located
within areas designated in the Mason County Development Regulations as Long-Term Commercial
Forests, Mineral Resource Lands, and Agricultural Resource Lands.
16.23.020 Preliminary Sketch Plan Required. Any applicant submitting a proposal for a Cluster
Subdivision shall submit a preliminary sketch plan for review during the Preliminary Plat process. In
addition to the information required in Section 16.16.050 16.12.010, the preliminary sketch plan shall
be submitted that shows the Primary Conservation Areas, Secondary Conservation Areas, and
proposed development areas. A public hearing shall not be required at this time. However, abutters to
the property and members of the general public shall be encouraged to attend the Planning
CoiniTiission Hearing Examiner review of the sketch plan. Public comment at this stage is intended to
minimize the need for significant plan changes during review of subsequent submittals.
16.23.030 Maximum Lot Sizes Established. No lot for which the construction of a residential
dwelling is proposed under this Chapter shall exceed two acres in gross land area.
16.23.032 Minimum Lot Sizes Established. No lot for which the construction of a residential
dwelling is proposed shall be less than 20,000 square feet in gross land area.
16.23.035 Minimum Agricultural Resource Land Open Space Lot Size. Any cluster subdivision
on Agricultural Resource Land shall provide the required open space in a lot, or lots, each such open
space lot being 10 or more acres.
16.23.040 Design Criteria. Land proposed for development under this Chapter shall meet the design
standards set forth in this chapter.
16.23.042 Primary Conservation Areas. Primary Conservation Areas shall be clearly identified, and
shall be set aside as permanent open space. Primary Conservation areas shall be included in the
calculation of both standard and maximum density allowed, but they shall not be used in calculating
23
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
the percentage of permanent open space required.
16.23.044 Secondary Conservation Areas. Secondary Conservation Areas shall be identified and
shall, to the greatest extent possible, be avoided as. development areas. For Agricultural Resource
Lands, at least 75% of the land being divided, not including the area of the Primary Conservation
areas, shall be included in the property set aside as permanent open space.
16.23.046 Additional Open Space Standards. The design of an open space area shall require the
following:
A.
Interconnection with designated open space on abutting properties;
B.
The preservation of important site features, such as rare or unusual stands of trees, unique
geological features, or important wildlife habitat;
C.
Direct access to the open space from as many lots as possible within the development, except
for Agricultural Resource Lands; and
D.
Minimizing the fragmentation of the open space areas. To the greatest extent possible, the
designated open space shall be located in large, undivided areas.
E.
A curvilinear roadway design which minimizes the visual impact of houses as may be seen
from the exterior of the site.
F.
In Agricultural Resource Lands, include the most productive land and any other features of the
property identified as important to agricultural productivity of the open space.
16.23.048 Additional Site Design Standards. The siting ofhouse lots shall avoid the following:
A.
B.
C.
D.
Interruption of scenic views and vistas;
Construction on hill tops or ridge lines;
Direct access or frontage on existing public ways;
A "linear" configuration of open space (except when following a linear site feature, such as a
river, creek or stream).
16.23.050 Ownership, Maintenance and Use of Open Space. The applicant shall provide a
mechanism to assure that any required open space is permanently protected and maintained, in
conformance with the provisions set forth in Section 16.22.040. In Agricultural Resource Lands, no
covenant or other restriction on the open space land may prohibit the use of the land for agricultural
purposes.
16.23.060 Procedures for Approval. Preliminary approval for subdivision shall follow the
procedures set forth in Chapter 16.16, except that the submittal of a preliminary sketch plan is
required.
16.23.070 Transfer of Density. Upon analysis of all of the opportunities and constraints identified on
a specific parcel of land, if it is determined that the use of the provisions set forth in this Chapter will
not result in the use of the maximum density allowed, then the applicant shall have the right to transfer
any unused development density to any parcel of land located in an Urban Growth Area. By use of
this transfer right, maximum density allowed in the Urban Growth Area may be exceeded by up to fifty
(50%) percent.
24
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.24
CONDOMINIUM PLATS
Sections:
16.24.010
16.24.020
16.24.030
16.24.040
16.24.050
16.24.060
16.24.070
Application of Regulations
Submission for Approval
Required Information
Certification
Percentage of Unit Interest
Declaration
Notice of By-laws
16.24.010 Application of Regulations. The following regulations apply to horizontal property
regimes (condominium) plats only. The establishment of a condominium is subject to the
provisions ofRCW 64.32.
16.24.020 Submission for Approval. Condominium plats in preliminary form shall first be
submitted to the Planner to determine if any zoning, land subdivision, or street dedications are
involved which would require procedures in addition to those indicated herein. The sheet size
shall be the standard size required for land plats. The number of copies required shall be
determined by the Planner.
16.24.030 Required Information.
(a) The plat must be in three dimensions relating vertical control to recorded datum.
(b) Dimensions on the condominium plat shall be in feet and inches to conform with architect's
drawings;
(c) Two permanent bench marks shall be set on or near the building at the ground level for future
reference in locating units in the plat.
(d) Vertical position or positions of the plane of each floor or ceiling in any space unit shall be
referenced to its elevations above recorded datum shown on the face of the plat as "Floor
Elevation_, Ceiling Elevation_." The reference plans for elevation shall be noted on the plat.
(e) Each floor plan of the permanent structure shall be shown, as well as basement and floor levels,
and area of plot plan. The dimensions and ties shown for each parcel shall be definite enough
with respect to both vertical and horizontal control so that the boundaries of each apartment
may be accurately located by the use of standard survey methods.
(f) All unit or apartment property lines shall be the interior surfaces of the perimeter walls, floor,
ceiling, windows, and doors thereof.
(g) Apartment numbers and the plat unit numbers must be the same. The plat name and
apartment building must be the same.
16.24.040 Certification. The condominium plat must contain all of the certifications and
approvals required for any plat. Dedications of public areas and facilities, and the grant to
apartment owners of private easements in common areas and facilities, shall conform with all
applicable codes and ordinances of Mason County. Each condominium plat shall contain a
certification by the architect or a licensed civil engineer or registered land surveyor that the plat is
in agreement with the building plan.
16.24.050 Percentage of Unit Interest. The percentage of undivided interest must be shown on
25
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
the plat as well as in the declaration. The percentage should be expressed in decimal form. Any
change of percentage of interest shall be filed for record with the County Auditor, and the Auditor
shall make a notation on the margin of the plat of such amendment, the date thereof, and the
recording reference numbers.
16.24.060 Declaration. A declaration, the instrument by which the property is submitted to
provision of the State law, must be filed with the County Auditor at the time the plat is filed.
16.24.070 Notice of By-laws. The by-laws under which the building, constituted as a
condominium, is administered should not be part of the plat. The current by-laws shall be
recorded in the office of the County Auditor. Reference to the general index or receiving number
and to the volume and page where recorded shall be included in any instrument of transfer or any
or all units as a restriction on the Title of such units.
CHAPTER 16.28
DESIGN STANDARDS
Sections:
16.28.010
16.28.020
16.28.030
16.28.040
16.28.050
16.28.060
16.28.070
16.28.080
16.28.090
16.28.100
16.28.110
16.28.120
16.28.130
16.28.140
16.28.150
16.28.160
16.28.170
16.28.180
16.28.190
16.28.200
Provisions of Comprehensive Plan
Streets, Conformity with Comprehensive Plan
Streets, Relation to Adjoining Street System
Streets, Private
Streets, Dead-End
Streets, Intersection
Streets, Grades
Streets, Specific Requirements
Streets, One-Way
Alleys, Required--Waiver
Alleys, Standards
Easements; Public Utilities
Easements, Unusual Facilities
Easements, Watercourses
Blocks, Length
Lots, Access
Lot Size
Lots, Double Frontage
Subdivision of Lots Prohibited
Subdivision Advertising Signs
16.28.010 Provisions of Comprehensive Plan. All subdivisions shall reflect and be guided by
provisions of the Comprehensive Plan or other development plans as may be adopted by the Board
and the Planning Advisory_ Commission.
(a) Land which has been found to be unsuitable for subdivision due to flooding, poor drainage,
steep slopes, rock formations, or other features likely to be harmful to the safety and general
welfare of the future residents shall not be subdivided unless adequate methods, approved by the
Engineer, are planned for overcoming these conditions.
(b) The proposed subdivision shall provide for such requirements as are contained in the
26
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Comprehensive Plan for Mason County as adopted by the Board of Mason County
Commissioners.
16.28.020 Streets, Conformity with Comprehensive Plan. The alignment of major streets shall
conform as nearly as possible with that shown on the Comprehensive plan. All streets shall
conform to the policies in the Comprehensive plan or other development plans and land control
ordinances as may be adopted by the Board.
16.28.030 Streets, Relation to Adjoining Street Systems. The layout of streets shall provide for
the continuation of principal streets existing in adjoining subdivisions. When adjoining property is
not subdivided, principal streets in the proposed plat shall provide access to such unplatted
property when necessary.
16.28.040 Streets, Private. Private streets and roads may be allowed but they must all conform to
the current road standards as adopted by the Board.
16.28.050 Streets, Dead-End. Streets designed to have one end permanently closed or in the
form of a cul-de-sac shall be provided at the closed end with a tum-around having a minimum
right-of-way radius of not less than fifty feet. Temporary cul-de-sac may be required at temporary
street endings until such streets are extended.
16.28.060 Streets, Intersections. Streetintersections shall be as nearly at right angles as is
practicable. Street jogs with offsets ofless than one hundred twenty-five feet shall be avoided.
16.28.070 Streets, Grades. Streets shall generally follow contour lines. Grades shall be not less
than one-half of one percent on any streets, and not more than the percent as specified in Section
16.28.080.
16.28.080 Streets, Specific Requirements. Platters shall be required to comply with regulations
as established by the County Engineer relating to construction and design standards of roads and
streets and in accordance with current statuses as adopted by the Board of County Commissioners.
16.28.090 Streets, One-Way. One-way streets are allowed only with specific approval of the
County Engineer and Planning Cotnrnission Hearing Examiner.
16.28.100 Alleys, Required--Waiver. Alleys shall be provided at the rear of all lots intended for
business or industrial uses, except that this requirement may be waived by the Commission
Hearing Examiner where other definite and assured provision is made for off-street loading,
unloading, and parking consistent with and adequate for the uses proposed.
16.28.110 Alleys, Standards. Dead-end alleys shall be avoided whenever possible, but if
unavoidable, shall be provided with adequate tum-around facilities. Alley intersections and sharp
changes in direction shall be avoided but where they are necessary, comers shall be cut off
sufficiently to permit safe vehicular movement. Except as otherwise provided in this Title, alleys
shall follow the general standards governing streets.
16.28.120 Easements, Public Utilities. All lots shall be subject to an easement of five (5) feet in
width, and parallel and adjacent to all lot lines, except that this easement shall be ten (10) feet in
width along lot lines where lots are not contiguous for purposes of installation and maintenance of
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
all utilities and drainage and all lots shall also be subject to the right of overhead easements of
electric and telephone wires over portions of lots where roadway curvature causes the same to
occur. Easement for existing or future utility lines which do not lie along rear or side lot lines shall
be at least ten (10) feet wide.
16.28.130 Easements, Unusual Facilities. Easements for unusual facilities such as high-voltage
electric transmission lines, drainage canals, or pondage areas shall be of a size adequate for the
purpose and shall include right-of-way for necessary maintenance roads.
16.28.140 Easements, Watercourses. Where a subdivision is traversed by a watercourse,
drainage way, channel, or stream, there shall be provided a storm water easement or drainage
right-of-way conforming substantially to the line of such watercourse, drainage way, wasteway,
channel, or stream, and of such width for construction, maintenance and control as will be
adequate for the purpose.
16.28.150 Blocks, Length. In general, blocks shall be as long as is reasonably possible, consistent
with the topography and the needs for convenient access, circulation, control, and safety of street
traffic and the type of land use proposed.
16.28.160 Lots, Access. Each lot shall be provided with satisfactory access by means of a public
street connecting to an existing public highway or by some other legally sufficient recorded right
of access which is permanent and inseparable from the lot served. Lots shall not have direct access
to any County arterial.
16.28.170 Lot Size. (a) Basic minimum requirements shall be as follows:
(1) All lots shall have a minimum average width of not less than one-third of the
median length and a minimum width at any point of twenty five (25) fifty (50)
feet. Widths shall be measured perpendicular to the longitudinal median line of
the lot.
(2) The minimum area oflots served by municipal sewage works shall be six
thousand (6000) square feet
(3) The minimum gross land areas of lots served by individual sewage system on
each lot shall be two acres, provided that when the lots are proposed as part of a
performance subdivision or cluster subdivision, then the minimum lot size for a
· residential lot shall be twenty thousand (20,000) square feet. These minimum
sizes shall be for lots proposed for single family units outside of urban growth
areas. When served by on-site septic systems, lots for single family units inside
of urban growth areas and for multiple family units shall be as approved by the
Mason County Planning Commission Hearing Examiner.
(4) The area within a panhandle lot which functions as the access area shall not be
computed in determining the minimum area.
(b) Lot areas in excess of established basic minimums may be required:
( 1) When specified by the Mason County General 8erviees Health Department,
Environmental Health Division;
(2) When specified by other Mason County development regulations.
(c) Environmental Health Division approval of proposed lot sizes, with respect to ability of
soils to accept septic tank effluents, shall be obtained prior to the submission of a
preliminary plat.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.28.180 Lots-Double Frontage. Residential lots which have street frontage along two opposite
boundaries shall be avoided except for reverse-frontage lots which are essential to provide
separation of residential development from traffic arterials or to overcome specific disadvantages
of topography and orientation. For such lots there shall be an easement in favor of the appropriate
governmental entity at least ten feet wide along the lot lines abutting such a traffic arterial or other
disadvantageous use, across which there shall be no right of access for the general public or
adjoining property owners.
16.28.190 Subdivision of Lots Prohibited. Platters are notified that the size and least dimension
of lots in a platted subdivision is in every instance an essential consideration in the approval by the
Board of County Commissioners and Planning Commission Hearing Examiner.
16.28.200 Subdivision Advertising Signs. Signs advertising or giving directions to land platted
under this ordinance shall be removed within two years of the filing of the last final plat.
Developers, real estate agents, etc., shall record with the Planning Director the location of these
signs in Mason County. These signs may be removed by Mason County at the developer's
expense.
CHAPTER 16.32
HEALTH STANDARDS
Platter shall be required to comply with current Mason County Health Department of General
Services, Environmental Health Division requirements.
29
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.36
SHORT SUBDIVISIONS
Sections:
16.36.010 Application of Regulations
16.36.020 Administrator and Procedures
16.36.030 Administration
16.36.010 Application of these Regulations. Every division of land or contiguous land for the
purpose of lease, sale, or transfer of ownership, into two or more but~ fewer than five lots,
parcels, or tracts within the unincorporated area of Mason County shall proceed in compliance
with this chapter. Contiguous parcels of land in the same ownership and having boundaries in
common shall be presumed to be a single parcel in determining whether or not the division of land
comprises a subdivision.
The provisions of this chapter shall not apply to:
(a) Any cemetery burial plot, while used for that purpose;
(b) Any division of land in ~hich the smallest lot created by the division is five acres or more
m area;
(c) Any division made in compliance with Title 16.20 Mason County Code;
(d) Any division of land that can be described by a legal subdivision of a section of not less
than 11128th of a section;
(e) Land division of record in the Auditor's office on the effective date of this Chapter;
(f) Property line adjustments wherein the result does not adversely affect access or reduce the
lot size below the minimum requirements;
(g) Divisions which are solely for use as a private right-of-way;
(h) Divisions of platted lots which by deed restriction are made a part of an adjoining lot and
which will not permit a separate building site for human occupancy or habitation, provided
the divisions are approved in writing by the Administrator on the legal conveyance.
16.36.020 Administrator and Procedures.
16.36.021 Procedure- Administrator's Duties. The Mason County Department of General
Services Community Development Director, referred to in this chapter as the Administrator, is
vested with the duty of administering the provisions of this chapter and with authority to
summarily approve or disapprove proposed short plats. The Administrator may prepare and
require the use of such forms as he deems essential to his duties.
16.36.022 Procedure- Application.
a) Prior to making application for a short subdivision, prospective applicants shall request a preapplication review to discuss the short subdivision requirements and their proposal, with the
Planning Department, Building Department, Fire Marshal, Public Works Department,
Environmental Health Department, and other agencies as appropriate.
b) Any person desiring to divide land ill within a unincorporated designated urban growth area
of Mason County into foor nine or ~ fewer lots, or (2) outside of a designated urban growth area
of Mason County into four or ~ fewer lots, for the purpose of lease or sale, shall submit an
application for short subdivision approval to the Administrator together with an application fee ef
$10.00, plus $10.00 per tract set by the Board of County Commissioners.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.36.023 Procedure- Application Preparation. (a) Applications for approval of short
subdivisions may be accompanied by a proposed short plat which includes pertinent survey data
compiled as a result of a survey made by or under the supervision of a registered land surveyor in
compliance with the Survey Recording Act of 1973.
(b) All other applications may be prepared by the applicant, providing they are prepared in a
neat, legible manner.
(c) Sheet size for short plats shall be 18 x 24 inches to meet the standards of the Survey
Recording Act.
16.36.024 Procedure- Application Content.
1.:. Applications for approval of short subdivisions shall contain:
(a) Three copies of a sketch of the entire contiguous tract owned or being purchased on
contract by the applicant which shall show:
(1) The owners of adjacent land and the names of any adjacent subdivision;
(2) Lines marking the boundaries of proposed lots;
(3) Location of road right-of-way within or adjacent to the tract, and easements within
the tract which are to be used for ingress and egress for road and utility purposes;
(4) All private roads and/or easements shall be designated private and printed on the
face of the short plat;
(b) Legal description of the original tract, a unit ofland which the owner holds under single or
unified ownership, or which the owner holds controlling interest on the effective date of
this amendment by Ord. 37-89 to Mason County Code Title 16, Plats and Subdivisions, the
configuration of which may be determined by the fact that all land abutting a tract is
separately owned by others not associated by a land development business relationship with
the owner, and each lot's legal description certified by a Registered Land Surveyor or a
Title Company, containing any and all easements for access to the property;
(c) The name, address, and phone number of the owner or owners of the said tract;
(d) Survey by a registered land surveyor may be required by the Administrator;
(e) Certification that all contiguous land is owned by others not associated by a land
development business relationship with the owner.
2. A short subdivision application shall expire if additional information is requested by the
County that is necessary to process the application, and such information is not provided to the
County within 180 days of the request.
16.36.025 (A) Procedure- Administrative Determinations. The Administrator shall, after
conferring with appropriate officials, determine whether:
(a) The proposed lots are in conformity with the intent of the Comprehensive Plan
requirements;
(b) The proposed lots are served with adequate means of access, and, as may be applicable,
fire protection, drainage, water supplies, and means of sanitary sewage disposal;
(c) The public use and interest will be served by permitting the proposed division of the land;
(d) No lot shall be less in area than~ 20,000 square feet on individual septic tanks
provided that in urban growth areas smaller lots may be allowed consistent with policies in
the Comprehensive plan or other land control ordinance.
(e) Adequate legal descriptions are provided for each lot;
(f) All real property taxes shall be paid to date.
16.36.025 (B) Procedure- Administrative Written Findings. The Administrator shall, prior to
final short subdivision approval, make written findings that: (a) Appropriate provisions are made
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
for public health, safety, and general welfare and for such open spaces, drainage ways, streets or
roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and
recreation, playgrounds, schools and schoolgrounds, and all other relevant facts, including
sidewalks, and other planning features that assure safe walking conditions for students who only
walk to and from school; and (b) the public use and interest will be served by the permitting the
proposed subdivision of land. The public interest shall not include the regulatory taking of any
contractual rights, options, or any other third-party interest in land, which if the short subdivision
were approved, may render such interests valueless.
Written findings shall be made on a cover sheet to the short subdivision application and shall be
signed by the administrator.
16.36.026 Procedure- Approval and Filing.
If the Administrator determines that the foregoing requirements are met, he shall approve the
application, and shall transmit an approved copy to the subdivider. The short subdivision shall be
filed with the County Auditor.
16.36.027 Procedure- Appeal to Board. Any person aggrieved by the decision of the
Administrator to approve or disapprove a proposed short plat may appeal the decision to the
Mason County Board of County Commissioners Hearing Examiner within (20) days following
issuance of the decision. The Board of County Commissioners Hearing Examiner, following a
public meeting thereon, may affirm or reverse the Administrator's decision, or may recommend the
application to the Administrator with instructions to approve the same upon compliance with the
conditions imposed by the Board of County Commissioners Hearing Examiner.
16.36.030 Administration.
16.36.031 Enforcement. No person shall sell or lease any land subject to the requirement of short
plat approval until a short plat has been filed. When any person divides land subject to the
provisions of this chapter without having secured the Administrator's approval or, when required,
prior to the filing of the short plat, the Prosecuting Attorney may commence an action to enjoin
further violations and compel compliance with this chapter as required by RCW 58.17.200.
16.36.032 Assessor's Duties. The County Assessor shall refuse to segregate any short subdivision
of land as defined by this chapter which does not bear the Administrator's certificate of approval.
16.36.033 Auditor's Duties. The County Auditor shall refuse to accept for recording any deed or
contract for sale or lease of land involving a subdivision of land as defined by this chapter which
does not bear the Administrator's certificate of approval.
16.36.034 Re-subdivision Procedure. Land within a short subdivision, approved under this
chapter, may not be further divided for five years or until a final plat of there-subdivision has been
approved and filed for record pursuant to Chapter 16.20 Mason County Code, except that when a
short subdivision contains fewer than four parcels, the owner who originally filed the short
subdivision may alter the short subdivision to create up to a total of four lots within the original
short subdivision boundaries within the five-year period.
16.36.035 Variances. Where the Administrator finds that there is extraordinary hardship that may
result from the strict compliance with these regulations, he may vary the subdivider may request a
32
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
variance of these regulations so that substantial justice may be done and the public interest
secured. Application may be processed using the Title 15 Sec. 15.09.057 variance criteria and
subject to approval by the Board of County Commissioners Hearing Examiner; Provided that such
variation will not have the effect of nullifying the intent and purpose of the Comprehensive Plan
and Title 16, Mason County Code.
16.36.036 Development Pursuant to Short Subdivision. All of the development in an
approved short subdivision shall be governed by the terms of approval, and the statutes,
ordinances, and regulations in effect at the time of submission of a complete application as
follows:
All development shall be vested to Shoreline Master Program, Flood Damage Prevention
Ordinance, and Resource Ordinance regulations for a period of five (5) years; and vested to
zoning and development regulations for a period of five (5) years.
This provision shall apply to all short subdivisions approved prior to the effective date ofthis
provision. The enactment of this provision shall be in effect beginning one year from the date of
adoption of this ordinance provision (November 9. 2004).
CHAPTER 16.38
LARGE LOT SUBDIVISIONS
Sections:
16.38.010
16.38.020
16.38.030
16.38.040
16.38.050
Application and Procedures
Design Standards
Required Improvements
Security
Administration
16.38.010 Application and Procedures.
16.38.011 Application of Regulations. In addition to the exemptions noted in 16.04.030 the
provisions of Chapter 16.3 8 shall not apply to:
(a) Divisions for lease where such land is to be used for the sole purpose of agriculture;
(b) Divisions made by gift among members of an immediate family; PROVIDED, (a) the
grantor has fee or equitable Title to the gift parcel; (b) the parcel so granted is not aresubdivision of a lot within a short plat within five (5) years of the date of recording the
subject short plat; (c) divisions shall meet County Health Department standards as relates to
sewage disposal and water supply; (d) such division shall be restricted from resale for a
period of five (5) years from the effective date of the gift transaction and so noted on the
recorded division; (e) such divisions provide a sixty (60) foot legal access easement or
right-of-way for ingress, egress, and utility to all resulting parcels; (f) members of an
immediate family shall mean father, mother, daughter, son, brother, sister, grandparent,
grandchild, and current spouses thereof; (g) such division shall comply with the density
standards of all Mason County ordinances and codes; and (h) the Administrator shall
approve such divisions, by signature, ensuring all above mentioned conditions are met.
Said signature of approval shall be recorded with the division.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Hi.38.011.1 Preliminary Censultatien. Prior to making applieation for a large lot subdivision,
prospeetive applieants are eneouraged to diseuss the site plan review proeess, large lot subdivision
requirements, and their proposal vlith the Planning Department, Building Department, Public
'Narks Department, and the Ewlironmental Health Department. l.J: this time, all pertinent
information that may be on file relating to the proposals location shall be made w,railable. It is the
purpose of this preliminary eonsukation to eliminate as many potential problems as possible in
order for the application to be proeessed vlithout delay. The eonsultation should take plaee prior to
a survey or detailed ·.vork by an engineer or surveyor. There is no fee for pre application
consultation and administrative assistance. However, this service shall not, and is not intended to,
include extensive field inspection or extensi•,re correspondenee.
16.38.011.1 Pre-Application Review. Prior to making application for a large lot subdivision,
prospective applicants shall request a pre-application review to discuss the large lot subdivision
requirements and their proposal, with the Planning Department, Building Department, Fire
Marshal, Public Works Department, Environmental Health Department, and other agencies as
appropriate.
16.38.012 Procedure- Administrator's Duties and Request for Hearings. The Mason County
Department of General Services Community Development Director or designee, referred to in this
chapter as the Administrator, is vested with the duty of administering the provisions of this chapter
and with the authority to summarily approve or disapprove proposed large lot subdivisions. The
Administrator may prepare and require the use of such forms as deemed essential to fulfill his/her
duties.
(a) At the discretion of the Administrator, proposed large lot subdivisions shall be forwarded
to the Planning Commission, on a case by case basis, for review and recommendation, and then for
final decision to the Board of County Commissioners Hearing Examiner.
(b) Any party may request such a hearing if the Administrator does not exercise his/her
discretion in referring said application to the Planning Commission Hearing Examiner. This
request for a hearing must be made within 21 days of the date the application notice is published
as required in RCW 58.17.095. Said request shall be in writing and shall be directed to the
Administrator.
16.38.013 Procedure- Application. Any person desiring to do a large lot subdivision within an
unincorporated area of Mason County shall submit an application for approval to the
Administrator together with application fees as established by the Board of County
Commissioners.
16.38.014 Procedure- Application Preparation. (a) Applications for approval oflarge lot
subdivisions shall be accompanied by a proposed large lot plat which includes pertinent survey
data compiled as a result of a survey made by or under the supervision of a registered land
surveyor in compliance with all applicable survey laws.
(b) Sheet size for large lot plats shall be 18 x 24 inches. For final recording with the Auditor
the plat shall be on mylar. Print on the mylar shall be in permanent ink, and the mylar must be
sprayed with map fixative prior to recording. If the land division contains several parcels, one
sheet shall show the entire division, and subsequent sheets shall show all lots in a scale that
provides adequate detail. This detail shall be such that all required information can be clearly read
from the plat.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.38.015 Procedure- Application Content. Applications for approval oflarge lot subdivisions
shall contain:
(a) Ten copies of the large lot plat showing the entire contiguous tract owned or being
purchased by the applicant which shall show:
(1) The owners of adjacent land and the names of any adjacent subdivision;
(2) Lines marking the boundaries and dimensions of proposed lots;
(3) Location of road right-of-way within or adjacent to the tract, and easements
within the tract which are to be used for ingress and egress for road and utility
purposes;
(4) Contour lines of sufficient interval to show the topography of the entire tract
may be required by the Administrator, on a case by case basis, based on environmental
and/or geologic conditions. Said contour lines shall include lines that extend at least
one hundred feet beyond the tract boundaries;
(5) All private roads and/or easements shall be designated private and printed on
the face of the plat;
(6) Date, scale, and North arrow;
(7) Vicinity map.
(b) Legal description of the original tract held under single or unified ownership or which the
owner holds controlling interest.
(c) The name, address, and phone number of the owner or owners of the said tract(s);
(d) Survey by a registered land surveyor of the lots within the large lot subdivision. Survey
can be submitted after Administrator's approval and prior to recording;
(e) Title report;
(f) Boundary closures for all lots;
(g) Names and addresses of all landowners within 300 feet of the proposed large lot division
boundaries.
16.38.016 Administrator's Procedures upon Acceptance of Application. (a) The
Administrator shall distribute one copy of the large lot subdivision application to each of the
following:
(1) The Public Works Department;
(2) The Environmental Health Department;
(3) The County Fire Marshal;
(4) The Department of Transportation when the proposal may effect a State highway;
(5) Any city or town when the proposed subdivision is within one mile of the
municipalities's boundaries, or within or vlithin 1,000 feet of the urban growth area
adjoining the city;
(6) Any affected provider of water and/or sewer services;
(b) The Administrator shall set a date for the return of findings and recommendations for each
relevant agency. All agency findings and recommendations shall be in writing;
(c) The Administrator shall notify all landowners within 300 feet of the proposed large lot
subdivision within 7 days of accepting the completed application. This notice shall include a legal
description of the location of the proposed division, either a vicinity location sketch or a locational
description in nontechnical language, a project description, indications that no public hearing is
scheduled, and a date by which written comments must be received for inclusion in the review.
Any person shall have twenty (20) days from the date of notice in the newspaper to comment on
the proposed plat as delineated in RCW 58.17.095 (2) or its successor.
(d) The Administrator shall make legal notification of said application within 10 days in a
newspaper of general circulation within the County. Costs of this notification shall be the
35
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
responsibility of the applicant. The comment period from the date of the notice shall be twenty
(20) days.
(e) The Administrator shall require the applicant to post a notice on or around the land
proposed to be divided in at least five (5) conspicuous places designed to attract public awareness
of the proposal. Said notice shall be provided by the Administrator and posted by the applicant.
ill A large lot subdivision application shall expire if additional information is requested by the
Countv that is necessary to process the application, and such information is not provided to the
County within 180 days of the request.
(f g)_ Administrator shall approve, deny, conditionally approve, or return the application to the
applicant for corrections or for additional information on the large lot plat. PROVIDED, the large
lot plat shall not be recorded until all required improvements are made or a performance security is
posted as delineated in 16.38.041. Large lot plats that are approved shall be approved with the
condition that required improvements are carried out within a three (3) year period. After all
improvements are completed, the land division shall be recorded. An applicant who files a written
request to the Administrator at least thirty (30) days before the expiration of the three (3) year
period may be granted one one-year extension upon showing that the applicant has attempted in
good faith to make required improvements. The Administrator shall be responsible for making
this determination.
If the conditions are not satisfied within the time limits set out in this section, a new application
must be filled out if reconsideration is desired. Large lot subdivisions for which approval has
expired shall comply with the regulations and standards in effect at the time a new application is
made and pay the established fees. Ifthe conditions required by the Administrator and the other
requirements of Title 16 are met within the time limits set out in this section, then the
Administrator shall make final approval of the large lot subdivision and sign the plat of the
division as proof of approval. After being signed, the map of the large lot subdivision shall be
recorded with the Auditor.
16.38.016.1 Procedure- Administrative Determinations. The Administrator shall, after
conferring with appropriate officials, determine whether:
(a) The proposed lots are in conformity with the intent of the Comprehensive Plan;
(b) The proposed lots are served with adequate means of access, and, as may be applicable,
fire protection, drainage, water supplies, and means of sanitary sewage disposal;
(c) The public use and interest will be served by permitting the proposed division of land;
(d) Adequate legal descriptions are provided as delineated in 16.38.015 (b);
(e) All real property taxes shall be paid to date;
(f) Large lot subdivisions shall be approved, conditionally approved, denied, or returned to
the applicant for modification or correction as set out in sub points 1 and 2 below unless
the applicant consents in writing to an extension oftime. PROVIDED, that if an
environmental impact statement is required, or if the application goes before the Planning
Commission Hearing Examiner, the applicable time period shall not include the time spent
during the SEP A process or time spent during the public hearings process; Provided
further, applicants shall have three (3) years from initial approval to complete required
improvements as noted in 16.38.016 (f). Approved plats shall not be recorded until all
improvements are completed.
(1) Large lot subdivisions creating ten (10) or fewer lots shall be approved,
disapproved, conditionally approved, or returned to the applicant within
forty five (45) days from the date the application is received by the
Planning Department in its complete and correct form.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
(2) Large lot subdivisions creating eleven (11) or more lots shall be approved,
disapproved, conditionally approved, or returned to the applicant within
sixty (60) days from the date the application is received by the Planning
Department in its complete and correct form.
16.38.016.2 Procedure- Administrative Written Findings. The Administrator shall, prior to
final large lot subdivision approval, make written findings that: (a) Appropriate provisions are
made for public health, safety, and general welfare and for such open spaces, drainage ways,
streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes,
parks and recreation, playgrounds, schools and school grounds, and all other relevant facts,
including sidewalks, and other planning features that assure safe walking conditions for students
who only walk to and from school; and (b) the public use and interest will be served by the
permitting the proposed subdivision ofland. The public interest shall not include the regulatory
taking of any contractual rights, options, or any other third-party interest in land, which if the short
subdivision were approved, may render such interests valueless.
Written findings shall be made on a cover sheet to the large lot subdivision application and shall
be signed by the Administrator.
16.38.017 State Environmental Policy Act (SEPA) Compliance. Proposed large lot
subdivisions shall be required to fulfill SEPA requirements. SEPA threshold for large lot
subdivisions is five or more lots.
16.38.018 Procedure- Approval and Filing.
If the Administrator determines that the foregoing requirements are met, the application shall be
approved, and an approved copy shall be transmitted to the subdivider. The large lot subdivision
shall be recorded with the County Auditor upon completion of all required improvements or
posting of a bond as delineated in 16.38.041.
16.38.019 Procedure- Appeal to Board. Any person aggrieved by the decision of the
Administrator to approve or disapprove a proposed large lot plat may appeal the decision to the
Board of Mason County Commissioners Hearing Examiner within ten (10) days following
issuance of the decision. The Board of Commissioners Hearing Examiner, following a public
meeting hearing thereon, may affirm or reverse the Administrator's decision, or may refer the
application to the Administrator with instructions to approve the same upon compliance with the
conditions imposed by the Board of County Commissioners Hearing Examiner. All appeals shall
be sent to the Board of County Commissioners Hearing Examiner in writing via certified mail with
return receipt requested.
16.38.020 Design Standards.
16.38.021 Lots. The design, shape, size, and orientation oflots shall be appropriate to the use for
which the lots are intended and the character of the area in which the lots are intended and the
character of the area in which they are located. The lots shall be consistent with the policies of the
county Comprehensive plan and other land control ordinances. Lot areas in excess of minimum
standards may be required for reasons of sanitation, steep slopes, slide hazards, poor drainage,
flood hazards, or other unique conditions or features which may warrant protection of the public
interest.
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TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.38.022 Roads. (a) Roads shall be designed with appropriate consideration for existing and
projected roads, anticipated traffic patterns, topographic and surface water drainage conditions,
public convenience and safety, and the proposed uses of the land served.
(b) If the road is ever to be considered for County maintenance then it will need to be designed
to County subdivision standards. When the County is petitioned to take over the road, it must be
constructed to these standards.
(c) Because of the requirement that proposed lots shall not have direct access to any County
arterial road, all lots shall be serviced with an internal roadway system when located adjacent to
arterial and collector roads. When factors such as traffic, physical constraints, or location of
critical area are present, this provision on access may be modified (more than one access point
allowed) upon the approval of the Direetor Administrator.
(d) Road approach permit(s) for that access onto a County or State right-of-way shall be
secured prior to approval oflarge lot subdivisions.
(e) Roads shall be constructed so as to minimize disruption of the natural water flow which
occurred prior to the road construction. Where it is necessary to collect surface water,
concentration and collection points and paths shall be located and constructed to restore the
original drainage as nearly as possible.
(f) When there is a reasonable potential for future development within a large lot subdivision,
or an easement through the property within the large lot subdivision accessing other unrelated
property exists, the Public Works Director and/or Planning Department may, on a case by case
basis, recommend to the Administrator that higher road classification standards be required as
delineated in the requirements for subdivisions The Administrator shall have final approval of
such increased standards. Conversely, the Public Works Director and/or Planning Department
may recommend lower road standards when such action would better serve the general public
interest. The Administrator shall have final approval of such decreased standards. Additionally,
the developer may proposed roadway design standards that differ from those in Appendix A and
B. These proposed standards shall be reviewed by the Public Works Department and the Planning
Department, and appropriate recommendations shall be given to the Administrator. The
Administrator shall have final approval of all developer proposed roadway design standards.
(g) Intersections shall be as nearly at right angles as is practicable, but in no case less than 75
degrees or more than 105 degrees.
(h) All work must be inspected and approved by the Public Works Director or designee before
successive elements are begun. The Director shall be notified in advance of all operations so as to
afford adequate opportunity to inspect each element. Any work accomplished without adequate
advance notice to and approval by the Director may be rejected until proof satisfactory to the
Director has been produced. All costs of determining the suitability of work so rejected and later
submitted for approval shall be borne by the developer and shall be in addition to all other fees and
inspection charges.
(i) All private roads constructed for any reason prior to the initiation of these procedures shall
be subject to all the requirements herein when application for large lot subdivision is sought.
(j) The minimum width of public or private right-of-ways shall be sixty (60) feet, plus any
other additional width needed to include all cut and fill slopes. The right-of-way width may be
reduced to forty (40) feet upon recommendation of the Planning Department and/or Public Works
Department and approval of the Administrator.
(k) The Administrator, upon recommendation of the Public Works Director and/or Planning
Department, may on a case by case basis require that designed and engineered roads be
constructed. This would be based upon the potential for problems occurring from under-designed,
non-engineered roads in potentially unstable areas (i.e. steep slopes 17%+, unstable slopes,
frequently flooded areas, wetlands, etc.)
38
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.38.023 Easements/Legal Access. (a) Easements for the purpose of ingress and egress and
utility installation and maintenance, shall be graphically portrayed on the large lot subdivision plat
and appropriately referenced.
(b) Legal access from the nearest public road to the entire tract being divided shall be secured
and portrayed on the face of the large lot subdivision survey.
(c) All lots shall be guaranteed a right of perpetual access.
16.38.024 Land Unsuitable of Development. Wetlands, streamways, critical aquifer recharge
areas, riparian zones, 100 year flood plains, steeply sloped areas, poorly drained areas, geologic
hazard areas, and such other land as the General Services Community Development Department,
Public Works Department, or Environmental Health Department finds unsuitable for the purpose
of building sites may be included in the boundaries of a large lot subdivision as community
property, recreation area, or other similar open space or may be included as part of a lot except any
lot containing such unsuitable land must also contain sufficient land of suitable characteristics to
meet County standards for construction of a dwelling. The Administrator may, on a case by case
basis, require that a report be completed by an engineer that indicates that stable, buildable sites
and roads occur on a proposed large lot subdivision, or can occur if specific items identified in the
report are carried out.
16.38.030 Required Improvements.
16.38.031 Roads.
(a) Private roads (roads not established by the Board of County Commissioner as public roads
to be maintained by the County) shall be constructed, ballasted, and surfaced to meet the minimum
roadway design standards as prescribed in Attachment A and B.
(b) Public roads (roads to be dedicated, and maintained by the County), shall be constructed,
ballasted, and surfaced in accordance with the Design Standards and Specifications for Plat Roads.
(c) All culverts shall be sized adequately to accommodate runoff and to facilitate cleaning and
maintenance (18" minimum diameter for cross culverts, 12" minimum diameter for access
driveways). In critical situations, the Director of Public Works may on a case by case basis require
submission of a hydrologic survey of the drainage area for the proposed culvert. Culverts shall be
constructed of reinforced concrete, corrugated aluminum, or galvanized corrugated steel or
equivalent. The Director of Public Works may, on a case by case basis require that in locations
where corrosive soil or water may be present, that culverts be coated with asphalt.
(d) All bridges shall be designed by a professional structural engineer and shall be subject to
design review and approval by the Public Works Director. Minimum width of all bridges shall be
twentv-six (26) nventy tv1o (22) feet. Design load shall be AASHTO HS-20.
16.38.032 Road Maintenance Agreement. An agreement for the continued maintenance of
private roads shall be established either by recording of a separate instrument and referencing said
instrument on the large lot subdivision survey or by establishment of said agreement by declaration
on the large lot subdivision survey. This agreement shall include enforcement provisions to ensure
roads can be maintained to the level established in the road maintenance agreement.
16.38.033 Drainage/Erosion Control. Drainage facilities adequate to prevent erosion, flooding,
or hazards to the use of roads, lots or facilities within the large lot plat and to adjacent and
downstream private or public property shall be installed. The Administrator may, on a case by
case basis, require that a drainage plan be created and appropriate improvements made to handle
39
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
drainage. This plan will be done by a certified engineer, licensed to practice in the State of
Washington.
16.38.034 Sewage Disposal. All lots within a large lot subdivision shall have soil logs approved
that indicate the installation of an on-site sewage disposal system is appropriate, or have approval
for connection to a community or sanitary sewage system: PROVIDED, where the Environmental
Health Department stipulates specific sewage disposal criteria, said criteria shall be referenced on
the large lot plat.
16.38.035 Surveys. (a) The survey of every large lot subdivision shall be made by or under the
supervision of a licensed land surveyor registered by the State of Washington, and in compliance
with all applicable laws.
(b) All surveys shall conform to standard practices and principles for land surveying, and
include dimensions and lot area calculations for each lot.
(c) Every lot comer shall be marked with an iron pipe or rebar having surveyor's cap and
license number;
(d) Surveys shall include a section tie and shall be graphically shown on the face of the large
lot subdivision;
(e) All large lot subdivision surveys shall be recorded as a matter of public record with the
Office of the Mason County Auditor;
(f) The County reserves the right to field check all survey monuments.
16.38.040 Security.
16.38.041 Performance Security. As an alternative to the complete construction of the roadway
system, required drainage facilities, or other required improvements, the subdivider may elect to
post a performance security for these improvements. This posting would allow the divider to
receive final approval and recording prior to installing required improvements. This posting is not
required if the developer, as a condition of approval, agrees to complete all required improvements
[16.38.016 (f)]. Said security shall guarantee completion of the work within a stated period of
time not to exceed two (2) years. Said security agreement shall be in a form acceptable to the
County Prosecutor and in an amount not less than one hundred and fifty (150) percent of the
Public Works Department estimate ofthe cost of said improvements.
16.38.050 Administration.
16.38.051 Enforcement. No person shall sell or lease any land subject to the requirements of
large lot plat approval until a large lot plat has been recorded. When any person divides land
subject to the provisions of this chapter without having secured the Administrator's approval, the
Prosecuting Attorney may commence an action to enjoin further violations and compel compliance
with this chapter.
16.38.052 Assessor's Duties. The County Assessor shall refuse to segregate any large lot
subdivision of land as defined by this chapter which does not bear the Administrators certificate of
approval.
16.38.053 Auditor's Duties. The County Auditor shall refuse to accept for recording any large lot
subdivision of land, as defined by this chapter, which does not bear the Administrator's certificate
of approval.
40
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.38.054 Re-subdivision Procedure. Land within a large lot subdivision, approved under this
chapter, may not be further divided unless the division is exempt, or until a subdivision, short
subdivision, or large lot subdivision has been approved and filed for record in accordance with this
chapter.
16.38.055 Innovative Techniques. Innovative techniques such as density subdivisions are
encouraged, and shall be considered on a case by case basis when it is found that it promotes the
goals and policies of the Comprehensive plan and other land control ordinances better than a more
conventional design. See Attachments C through K.
16.38.056 Variances. See Section 16.40.010 Modifications V/here the Administrator or applieant
finds that e~<traordinary hardship may result from the striet eomplianee vlith these regulations, the
regulations may be varied so that substantial justice may be done and the publie interest seeured:
PROVIDED, that sueh variation vlill not have the effeet of nullifying the intent and purpose of the
Comprehensive Plan, Title 16 (1\<Iason County Code), and said varianee is appealable to the Board
of Mason County Commissioners. PRDVIDED F'UKTHER, variances from Health standards
('.VAG 24 g 96) must be obtained from the Director of the Mason County Health Department.
16.38.057 Development Pursuant to Large Lot Subdivision. All of the development in an
approved large lot subdivision (four lots or fewer) shall be governed by the terms of approval, and
the statutes, ordinances, and regulations in effect at the time of submission of a complete
application as follows:
All development shall be vested to Shoreline Master Program, Flood Damage Prevention
Ordinance, and Resource Ordinance regulations for a period of five (5) years; and vested to
zoning and development regulations for a period of five (5) years.
·This provision shall apply to all large lot subdivisions approved prior to the effective date of this
provision. The enactment of this provision shall be in effect beginning one year from the date of
adoption of this ordinance provision (November 9, 2004).
CHAPTER 16.40
MODIFICATIONS, APPEALS, AND FEES
Sections:
16.40.010 Modifications
16.40.020 Appeals
16.40.030 Fees
16.40.040 Boundary Line Adjustments
16.40.045 Lot combinations.
16.40.010 Modifications. Where the Planning Comm4ssion finds that extraordinary hardship
may result from the strict compliance with these regulations, it may vary the regulations so that
substantial justiee may be done and the publie interest secured.
Where the applicant finds that extraordinary hardship may result from the strict compliance with
these regulations, an application for variance to the regulations may be made on county forms and
41
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
following the provisions of Mason County Code Title 15, Section 15.09.057. Variance Criteria, so
that substantial justice may be done and the public interest secured. Such variation shall not have
the effect of nullifying the intent and purpose of the Comprehensive Plan, Title 16 (Mason County
Code), and said variance may be appealed using Mason County Code Title 15 Sec.15 .11 Appeals
procedures. Any variances from Health standards (WAC 248-96) must be obtained through the
Director of the Mason County Health Department.
The Planning Coi111114ssion Hearing Examiner, in addition to the requirements of this Title, may
stipulate additional requirements necessary to meet the purpose or general objectives of this Title.
PRDVIDED, that Such modifications will shall not have the effect of nullifying the intent and
purpose of the Comprehensive Plan or this Title.
16.40.020 Appeals. Any decision approving or disapproving any plat shall may be appealed
revie·wable for unlawful, arbitrary, capricious, or corrupt action or non-action by writ of review
using Mason County Code Title 15 Sec. Chap. 15.11 Appeals procedures before the superior court
of the County in which such matter is pending. The action may be brought by a property ovmer in
the city, tovm, or county having jurisdiction, who deems himself aggrieved thereby. PRDVIDED,
that application for a vlrit ofrevie';v shall be made to the court within thirty (30) days from any
decision so to be revie'.ved. The cost of transcription of all records ordered certified by the court
for such reviev,r shall be borne by the appellant.
16.40.030 Fees. In order to defray the costs of administration, notification, legal publication, and
plan checking, the following fees shall be imposed and paid to Mason County at the time of
submission of preliminary plats for approval:
(a) Platting fee: Four dollars per lot. Minimum fee: One hundred dollars As set by the Board
of County Commissioners.
(b) Engineer's fee: As stipulated by the County Engineer;
(c) Mason County Health Department: As stipulated by the Health Department set by the
Board of County Commissioners;
(d) As required in Section 16.20.100.
16.40.040 Boundary Line Adjustment. A division made for the purpose of adjusting boundary
lines, which does not create any additional lot, tract, parcel, site, or division containing insufficient
area and dimension to meet minimum requirements for width and area for a building site; provided
that for lots within a recorded short subdivision, subdivision, non-platted street division, or large
lot subdivision, no boundary line adjustment shall be effective until:
(a) The proponent is issued a boundary line adjustment certificate from the Planning
Department verifying that the proposed division conforms to the requirements of this subsection;
(b) The proponent has paid the fee prescribed by the approved fee schedule for review and
issuance of the certificate;
(c) The proponent has filed an application that includes:
(1) An adjusted legal description of the lots affected by the adjustment prepared and
certified by a registered land surveyor or Title company;
(2) A scale drawing of the lots affected by the adjustment.
(d) The certificate, legal description, scale drawing, and notarized declaration have been
recorded with the County Auditor by the Planning Department.
As used in this section, when any lot, parcel, or tract proposed in a boundary line adjustment does
not have an adequate area, exclusive of all setback, buffer, and open space requir~ments, to
42
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
accommodate a residence (or other building where residential use is prohibited), driveway,
parking, and, where required, a well, stormwater system, and septic system and reserve area, the
Administrator shall find an insufficient area and dimension to meet the minimum requirements for
width and area for a building site.
When the lots resulting from the proposed boundary adjustment require a variance or waiver for
development, such variance or waiver shall be obtained prior to being considered to have sufficient
area and dimension and prior to the boundary line adjustment approval. Where there are existing
improvements, such as buildings, that are present in existing setback or buffer areas, such
encroachments may be considered in determining if there is sufficient area and width for the
building site.
A boundary line adjustment which includes out lots may be approved, provided that such tracts are
intended for and restricted by covenant to a specified accessory use, such as for stormwater
management, common area playground, or open space.
16.40.045 Lot combinations.
When an applicant seeks only to combine two or more lots, parcels, or tracts into a single lot, and
no other property boundary changes are proposed, such action shall not be effective until:
(a) The proponent has an approval for the lot combination from the Planning Department,
verifying that the proposed division conforms to the requirements of this subsection;
(b) The proponent has paid the fees prescribed by the approved fee schedule for review and
issuance of the certificate;
(c) The Planning Department approval, legal description, scale drawing, and notarized
declaration have been recorded with the County Auditor by the Planning Department.
Applications shall be made on forms provided by the Planning Department. The combination of
unplatted land, or platted and unplatted land (including portions of platted lots) shall be known as
a lot combination boundary line adjustment or as a lot combination. The combination of platted
lots, all of which are complete lots, shall be known as a parcel combination. The application
requirements for lot combinations and parcel combinations may differ.
CHAPTER 16.44
PROHIBITIONS, OFFENSES, AND PENALTIES
Sections:
16.44.010
16.44.020
16.44.030
16.44.040
Recording, Final Approval Required
Unlawful Representations
Transfer or Sale Without Final Plat, Action to Restrain or Enjoin
Violation, Permit Non-issuance-Purchaser or Transferee
Compliance Required
16A4.050 Violation of Court Order or Injunction, Penalty
16.44.060 Violation, Assurance of Discontinuance
16.44.010 Recording, Final Approval Required. No map, plat, replat, or plan of a subdivision
subject to the provisions of this Title shall be recorded or received for recording in any public
office unless or until that map, plat, replat, or plan shall bear the certified final approval of the
43
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Board of County Commissioners Hearing Examiner.
16.44.020 Unlawful Representation. It is unlawful for any person, firm, or corporation owning a
plat or subdivision within the County, to represent that any improvement upon any of the streets,
alleys, or other public ways of the plat or subdivision has been constructed according to the plans
and specifications that were approved by the County Engineer, or this improvement has been
supervised or inspected by the County Engineer, when such improvement has not been so
constructed, supervised, or inspected.
16.44.030 Transfer or Sale Without Final Plat, Action to Restrain or Enjoin. Whenever any
parcel of land is divided into five or more lots, tracts, or parcels of land and any person, firm, or
corporation or any agent of any of them sells or transfers, or offers or advertises for sale or transfer,
any such lot, tract, or parcel without having a final plat of such subdivision. PROVIDED, if
performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of
land following preliminary plat approval is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel, the offer or agreement is not subject to RCW 58.17.200 or
58.17.300 and does not violate any provision of this Title and all payments on account of an offer
or agreement conditioned as provided in this section shall be deposited in an escrow or other
regulated trust account and no disbursement to sellers shall be permitted until the plat is recorded.
The Prosecuting Attorney shall commence an action to restrain and enjoin further subdivisions or
sales, or transfers, or offers of sale or transfer and compel compliance with all provisions of this
Title other than that provided for: The costs of such action shall be taxed against the person, firm,
corporation, or agent selling or transferring the property.
16.44.040 Violation, Permit Non-issuance--Purchaser or Transferee Compliance Required.
No building permit, septic tank permit, or other developmental permit, shall be issued for any lot,
tract, or parcel of land subdivided in violation of this Title. Any purchaser's or transferee's
property shall comply with the provisions of this Title and such purchaser or transferee may
recover his damages from any person, firm, corporation, or agent including any amount reasonably
spent as a result of inability to obtain any development permit and spent to conform to the
requirements of this ordinance, as well as cost of investigation, suit and reasonable attorney's fees
occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property
to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and
reasonable attorney's fees occasioned thereby.
16.44.050 Violation of Court Order or Injunction, Penalty. Any person who violates any court
order or injunction issued pursuant to this Title shall be subject to a fine of not more than five
thousand dollars or imprisonment for not more than ninety days or both.
16.44.060 Violation, Assurance of Discontinuance. In the enforcement of this Title, the
Prosecuting Attorney may accept an assurance of discontinuance of any act or practice deemed in
violation of this Title from any person engaging in, or who has engaged in such act or practice.
Any such assurance shall be in writing and be filed with and subject to the approval of the superior
court of the county in which the alleged violation occurs. A violation of such assurance shall
constitute prima facie proof of a violation of this Title.
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
CHAPTER 16.48
DESIGN STANDARDS AND SPECIFICATIONS FOR PLAT ROADS
Sections:
16.48.010
16.48.020
16.48.030
16.48.040
General Requirements
Classifications of Roadways
Specific Requirements
Basic Requirements
16.48.010 General Requirements. A plan and profile of the proposed road, showing the
following data, shall be submitted to the Public Works Director for approval prior to construction.
The plan drawing(s) shall show:
(a) Road alignment in stations of one hundred (100) foot intervals.
(b) Bearings of the roadway centerline and a North arrow.
(c) Curve data on all horizontal curves.
(d) Right-of-way lines and widths for all roads and streets.
(e) Topography within the right-of-way limits, including location of all utilities.
(f) Contour lines at intervals of five (5) feet for rolling and mountainous terrain, and two (2)
feet for flat terrain.
(g) Labels or names on all street's and adjoining subdivisions.
(h) Typical roadway sections of proposed roads.
(i) Bridge plans, if applicable.
(j) All natural flow and proposed drainage structures and flow direction together with such
controls, holding basins or other design features necessary.
(k) All critical areas (wetlands, streams, slopes, slide areas, frequently flooded areas, and
aquifer recharge areas.
ill Scale of map. Suggested scale 1" = 100' or 1" = 50'.
Profile
The profile of the roadway centerline shall show:
(a)
(b)
(c)
(d)
(e)
(f)
The original ground line at the centerline of the new roadway.
Stationing in intervals of one hundred (1 00) feet.
Control elevation on border of sheet.
Gradients in percent and vertical curve data.
Datum source used and all benchmark elevations.
Profile scale shall be vertical 1" = 10', horizontal!" = 100' or vertical!"
=50'.
= 5', horizontal 1"
NOTE: Profile scale shall be 10:1 ratio, horizontal to vertical. Plan and profile sheets shall be
submitted on 24" x 36" sheets, or 24" x 18".
16.48.020 Classification of Roadway.
County Arterial. A County road primarily serving through traffic to, from, and between principal
population, commercial or industrial areas; such arterial routes are designated on the County's
45
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Arterial System. (Such "County Arterials" may be "Major Arterials", "Secondary Arterials", or
"Collector Arterials",; these terms are not to be confused with the classification of streets within
the plat below the grade of"County Arterial".)
Primary Collector. A road or street that carries traffic from Secondary Collectors, Local Access,
and Marginal Access roads or streets to the major system of arterial streets and highways.
Generally, Primary Collectors will serve an area containing more than 100 lots.
Secondary Collector. A road or street that carries traffic from Local Access and Marginal Access
roads or streets to the Major Collectors. Generally, Secondary Collectors will serve areas
containing more than 25 and less than 100 lots.
Local Access Road or Street. A road or street that serves primarily a limited number of abutting
properties. Generally, Local Access roads or streets will serve 25 or fewer lots.
NOTE: Probability and possibility of future function of street will be of prime importance in
establishing classifications. Local access roads or streets and secondary collectors shall be used
primarily to serve lots within the subdivision and not afford possibility of extension.
16.48.030 Specific Requirements. (a) When a subdivision road intersects a County road or a
State highway, an approved road access permit issued by the Department of Public Works or the
Washington State Department of Transportation shall be required;
(b) Roads shall be constructed so as to minimize disruption of the natural water flow which
occurred prior to the road construction. Where it is necessary to collect surface water,
concentration and collection points and paths shall be located and constructed to restore the
original drainage as nearly as possible;
(c) Evidence of a recorded maintenance agreement shall be provided for private roads. This
agreement shall run with the land and shall describe levels of maintenance, management powers,
and enforcement provisions. The enforcement provisions shall provide adequate means to assure
that the intent of the agreement is complied with by the road maintenance administrators and the
property owners;
(d) Intersections shall be as nearly at right angles as is practicable, but no less than 75 degrees
or more than 105 degrees. Jogs with offsets ofless than one hundred twenty-five (125) feet shall
be avoided;
(e) All construction, except as modified herein shall conform to the Washington State
Department of Transportation's Standard Specifications for Roads, Bridges, and Municipal
Construction and all subsequent amendments thereto;
(f) When a reasonable potential for future development within a subdivision or an easement
through the property accessing other unrelated property exists, the Public Works Director and/or
Planning Cofl1111ission Hearing Examiner may, at the time of preliminary plat approval, impose
higher road classification standards to accommodate future growth potential. Conversely, the
Public Works Director and/or Planning Cofl1111ission Hearing Examiner may, at the time of
preliminary plat approval, assign lower road classification standards when such action would
better serve the general public interest;
(g) Traffic signs, warning and regulatory, as required by the Public Works Director and in
conformity with the Manual for Uniform Traffic Control Devices, current edition, shall be
provided. Informational signs shall not be allowed within the right-of-way of the road;
(h) All work must be inspected and approved by the Public Works Director before successive
elements of construction are begun. The Director shall be notified in advance of all operations so
46
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
as to afford adequate opportunity to inspect each element. Any work accomplished without
adequate advance notice to and approval by the Director may be rejected until proof satisfactory to
the Director has been produced. All costs of determining the suitability of work so rejected and
later submitted for approval shall be borne by the developer and shall be in addition to all other
fees and inspection charges;
(i) All private roads constructed for any reason prior to the initiation of the platting procedures
shall be subject to all the requirements herein when application is sought.
47
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
16.48.040 Basic Requirements (See footnotes indicated). This section specifies the minimum standards for the construction of roads in subdivisions
approved after June 25, 1991 in Mason County. Such roads shall be constructed according to their classification or potential classification- County
Arterial, Primary Collector, Secondary Collector, and Local Access Road or Street.
LOCAL
ACCESS
CLASSIFICATION
SECONDARY
COLLECTOR
PRIMARY
COLLECTOR
COUNTY
ARTERIAL
Horizontal Curves
Maximum Degree/min. rad.
Flat Terrain
Rolling Terrain
Mountainous
Superelevation
Crown
26°/220'
38°/150'
38°/150'
0.03 ft/ft
0.03 ftlft
20°/287'
26°/220'
38°/150'
0.05 ft/ft
0.03 ft/ft
10°/573'
15°/382'
23°/249'
0.06 ft/ft
0.03 ftlft
7°/819'
10°/573'
20°/287'
0.08 ft/ft
0.03 ft/ft
Gradient - Maximum Percent
Flat Terrain
Rolling Terrain
Mountainous
10%
12%
12%
8%
10%
12%
6%
8%
10%
6%
8%
10%
Bridges (See Note 1)
Clear width - min.
Design Load AASHTO
26ft.
HS-20
28ft.
HS-20
30ft.
HS-20
(Shoulder width)
HS-20
All bridges shall be of permanent-type construction.
Pavement (See notes 2a, 3, and 4)
Width- min. ft.
Type -min.
20
BST Cl. "A"
3-coat
20
BST Cl. "A"
3-coat
22
BSTCl. "A"
3-coat
22
BSTCl. "A"
3-coat
Stopping Sight Distance Min./MPH
Flat Terrain
Rolling Terrain
Mountainous Terrain
200/30
160/25
120/20
250/35
200/30
160/25
325/40
250/35
200/30
425/45
325/40
250/35
48
TITLE 16- PLATS AND SUBDIVISIONS
Road Bed (See notes 2, 3, and 4)
Shoulder to shoulder width
Unpaved
NOVEMBER 2004
27ft.
29ft.
31 ft.
Paved
26ft.
28ft.
30ft.
Compact Gravel Base
Crushed Surf. Min. Top Crs.
6"
2"
6"
2"
6"
2"
35ft.
(See note 5)
34ft.
(See note 5)
9"
2"
Right-of-Way Minimum (See note 6)
40'
60'
60'
80'
Slopes - Steepest Allowable
(See notes 2b, 2c, and 7)
Downslope in cut section (ditch cut)
Downslope in Fill Section
Backslope in Cut
3:1
1Yz:l
1:1
3:1
I Yz:l
1:1
3:1
1Yz:l
1Yz:l
3:1
1Yz:l
1Yz:l
Side Ditches - Minimum (See note 8)
Depth below Finished Shoulder
2'
2'
2'
2'
Cul-de-Sac
Pavement Diameter
Roadway Diameter (paved)
Roadway Diameter (unpaved)
Right-of-Way Diameter ft.
Maximum Slope (Grade)
54'
60'
62'
100
3%
54'
60'
62'
100
3%
Not Allowed
Intersections
Minimum Angle, Degrees
Minimum Shoulder Radius
Minimum RIW Radius
75°
20'
30'
75°
20'
30'
75°
30'
40'
49
"
"
"
"
"
"
II
Not Allowed
"
"
"
II
75°
55'
70'
"
II
II
TITLE 16- PLATS AND SUBDIVISIONS
NOVEMBER 2004
Culverts
All culverts shall be sized adequately to accommodate runoff and to facilitate cleaning and maintenance ( 18' minimum diameter for cross culverts, 12"
minimum diameter for access driveways). In critical situations, the Director of Public Works may require submission of a hydrologic survey of the
drainage area for the proposed culvert.
Culverts shall be constructed of reinforced concrete, corrugated aluminum, or galvanized corrugated steel or equivalent. The Director of Public Works may
require that in locations where corrosive soil or water may be present, that the culvert be coated with asphalt.
NOTES:
1.
All bridges shall have a minimum clear width between curbs equal to or greater than the finished shoulder width of the adjacent roadway. All
bridges shall be designed by a professional structural engineer and shall be subject to design review and approval by the Director of Public Works.
2.
(a) Roadbed on all curves sharper than ten degrees and flatter than fifteen degrees shall be Widened two feet. Curves of fifteen degrees and over
shall be widened three feet. Widening shall be added to the inside edge of the curve.
(b) All fills less than 3 feet in height from toe to shoulder shall be no steeper than 3 feet horizontal to 1 foot vertical (3: 1); fills 3 to 10 feet shall
be widened one foot on each shoulder; fills over 10 feet shall be widened two feet on each shoulder.
(c) Cuts ofless than 5 feet above the shoulder shall be sloped at 2:1.
3.
(a) When required, bituminous surface treatment shall be applied as follows:
Two coats initially and third coat the following year. (See Specifications for seasonal restrictions.)
(b) In lieu of3-coat BST, the application of 1-1/2" compacted thiclmess of asphaltic concrete class "B" may be substituted, laid on compacted
2" top course without prime coat.
4.
Private roads serving subdivisions with a total of five (5) to twenty-five (25) lots or parcels may not be required to provide pavement.
5.
(a) Minimum shoulder widths will be, in each case, dictated by anticipated traffic demands and County standards for arterials.
(b) County "arterial" standards will be required for all arterial routes for which construction or reconstruction is necessitated by the proposed
division. Minimum stipulated right-of-way widths will be required in all instances.
6.
Right-of-way shall contain all cut and fill slopes; exceptions may be permitted when coordinated with site grading.
7.
Backslopes may be steepened if actual soil tests conclusively indicate that material will conform permanently to a steeper slope. Slopes must be
flattened as required to prevent erosion, caving, and slumping.
8.
Side drainage ditches on steep grades will require special analysis and may require special design and construction to prevent erosion and/or
flooding.
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