HomeMy WebLinkAboutORD-2022-005BOARD OF COUNTY COMMISSIONERS
COUNTY OX'KITTITAS
STATE OF WASHINGTON
ORDINANCE
No.2022 - 005
REVISIONS OF'KITTITAS COUNTY CODE
AS PART OF THE 2022 NON-DOCKET AMENDMENT PROCESS.
Whereas,this ordinance, revising Kittitas'County Code contains four sections of findings,
as follows:
Section I -
Section II -
Section III -
Exhibits A-R -
Procedural Findings
Board of County Commissioners Findings
Final Decision and Signatures
Changes to Kittitas County Code
2022 Non- Docket Enabling Ordinance
Page I
June7,2022
Whereas,
Whereas,
Whereas,
Whereas,
Whereas,
Whereaso
Whereaso
Whereas,
Whereaso
Whereas,
Whereas,
SECTION I
PROCEDURAL FINDINGS
Kittitas County opted into the Growth Management Act, RCW 36.70A,
voluntarily on December 27, 7990, through Resolution 90-138; and
The Kittitas County GMA Comprehensive Plan was originally adopted on July 26,
l996by the Kittitas County Board of County Commissioners; and
Kittitas County Code 158.04.020 allows for amendments to development
regulations at the discretion of the Planning Director through a public process
pursuant to Table B of the Title; and
Kittitas County Community Development Services initiated an out-of-docket cycle
process to suggest changes to the Kittitas County Code and made these proposals
readily available for review by the public in Community Development Services and
within the County's official website; and
Kittitas County submitted its proposed non-docket items on March 10,2022 to
the Department of Commerce as required by statute and received a letter of
receipt on March 10, 2022 that the docket proposal had been received and was
sent to other agencies for comment; and
Comments were received from state agencies and members of the public; and
Kittitas County filed its non-docket cycle SEPA checklist on March 10,2022 and
issued a Determination of Non-significance (DNS) for the non-docket items on
March 10,2022 through authority of WAC 197-ll-340; and
There were no agency or public appeals or reviews filed on the Determinations of
Non-significance; and
Due public notice was placed upon the County official website and in the
Northern Kittitas County Tribune on March 31,2022 and April 7,2022, and in
the Daily Record on March 31,2022 and April 7,2022 regarding the Planning
Commission public hearing; and
the Planning Commission conducted a public hearing on April 12, 2022 to hear
testimony and take public comment on the items considered for amendment and
after deliberation made recommendations to the Board of County
Commissioners, taking due consideration of the public benefit involved in the
proposals; and
After due notice and publication on official website and Daily Record on the
Northern Kittitas County Tribune on April 21,2022 and April 28,2022 and in
the Daily Record on April 21, 2022 and April 28, 2022, the Kittitas County
Board of County Commissioners held an open public hearing on May 24,2022;
and
2022 Non- Docket Enabling Ordinance
Page2
June7,2022
Whereas,After deliberation, the Board of County Commissioners made decisions on each
docket item presented; and
Whereas,Following the decisions on the docket items the Kittitas County Board of
Commissioners instructed County staff to prepare an ordinance for their signature
to adopt changes to the Kittitas County Code and Comprehensive Plan; and
Whereaso The Kittitas County Board of County Commissioners considered enabling
documents before the public on June 7,2022.
SECTION II_BOARD OF COUNTY COMMISSIONERS FINDINGS
General Findinss:
The Kittitas County Board of County Commissioners held a public hearing on May 24,2022, to
hear testimony and accept written comments regarding proposed amendments to the Kittitas
County Code. All members of the public who wanted to testifu were allowed to speak or submit
written conespondence into the record.
The docketed items discussed during the Board of County Commissioners public hearing
included:
20Z2Proposed NON-DOCKET AMENDMENTS to Kittitas County Code
Number Applicant Nume Project Description Planning Commission
Recommendation
Staff
Recommendation
to BOCC
22-01 Kittitas County
CDS Staff and
Public Works
Amend KCC 16 including
multiple housekeeping
amendments and the addition
of a lot line encroachment
option for building placement
which will also update several
Tille 17, yard requirements
sections.
The Planning
Commission
unanimously
recommended approval
of the amendment as
proposed.
Staff recommends
approval ofthe
amendment as
proposed.
22-02 Kittitas County
CDS Staff and
Public Works
Amend KCC 12.01.130 and
12.01.135 to dissolve the Road
Variance Committee and
replace it with an
administrative process.
The Planning
Commission
unanimously
recommended
remanding this item
back to staff.
Staff recommends
approval ofthe
amendment as
proposed.
22-03 Kittitas County
CDS Staff and
Public Works
Amend KCC l5A,
establishing the KC Hearings
Examiner as the appeal bodv
The Planning
Commission
unanimously
Staff recommends
approval ofthe
amendment as
2022 Non- Docket Enabling Ordinance
Page 3
June7,2022
for road variance decisions recommended approval
of the amendment as
proposed.
proposed.
22-01 Kittitas County Proposal:
Amend KCC 16 to update standards, clarify processes and add a lot line encroachment
option for building placement. Amend Title 17- Yard Requirements to reflect the new lot
line encroachment option.
The proposed amendment to KCC 16 will amend section standards, processes, and add a lot line
encroachment option for building placement. This item will also include updates to Title 17, yard
requirements to accommodate the lot line encroachment option.
The Board of County Commissioners held a public hearing on May 24,2022 and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval as presented by staff to the Board of
County Commissioners with a vote of 6-0.
il. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
22-02 Kittitas County Proposal:
Amend KCC 12 to remove the Road Variance Committee. X'ollowing the Planning
Commission recommendation of remanding this item back to staff for revisions, Kittitas
County Public Works proposed modification to the proposed amendment. This revision
includes maintaining a Road Variance Committee, but decreasing its members to the
County Engineero the fire district of jurisdiction and one member of the public appointed
by the BOCC.
The revised amendments to KCC 12.01 . 130 will reorganize the existing road variance committee
to be composed of the County Engineer, fire district ofjurisdiction and one member of the public.
No changes were approved to the proposed amendments to KCC 12.01.135.
The Board of County Commissioners held a public hearing on May 24,2022, and approved the
request as amended by a 3-0 vote, finding that:
I. The Planning Commission recommended remanding this item back to staff as presented
by staff to the Board of County Commissioners with a vote of 6-0.
II. No public testimony for this proposal was received.
ilI. The change meets the Growth Management Act and the objectives of the
Comprehensive Plan.
2022 Non- Docket Enabling Ordinance
Page 4
June7,2022
22-03 Kittitas County Proposal:
Amend KCC 15A to establish the Kittitas County Hearings Examiner as the appeal body
for road variance decisions.
The proposed amendment to KCC 154.01.040(4) will add road variance appeals to the list of
applications in which the Hearings Examiner will issue decisions.
The Board of County Commissioners held a public hearing on May 24,2022, and approved the
request as presented by a 3-0 vote, finding that:
I. The Planning Commission recommended approval to the Board of County
Commissioners with a vote of 6-0.
[. No public testimony for this proposal was received.
III. The change meets the Growth Management Act and the objectives of the County's
Comprehensive Plan.
2022 Non- Docket Enabling Ordinance
Page 5
June7,2022
SECTION III - FINAL DECISION AND SIGNATURES
BE IT ORDAINED that the Board of Kittitas County Commissioners, after due deliberation,
hereby approves amendments to KCC Title 16 and 17, as shown in Exhibit A.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 12.01.130 and KCC 12.01.735, as shown in
Exhibit B.
BE IT FURTHER ORDAINED that the Board of Kittitas County Commissioners, after due
deliberation, hereby approves amendments to KCC 15A.01.040(4), as shown in Exhibit C.
NOW, BE IT FURTHER ORDAINED that the Board of County Commissioners, after due
deliberation, hereby approves the adoption of the 2022 Non-Docket Amendments to the Kittitas
County Code as shown in Exhibits A through C attached hereto and incorporated by reference.
Information Services is hereby directed to make these changes to the regulations on the County
website. The Community Development Services Director and Prosecuting Attomey are
authorized to correct any scrivener's errors without Board approval.
Adopted this 7ft day of June 2022, at Ellensburg, Washington.
BOARD COUNTY COMMISSIONERS
, WASHINGTON
Chairman
ABSENT
Commissioner
2022 Non- Docket Enabling Ordinance
Page 6
June7o2022
ATTEST:
fiierk of the Board- Julie Kjorsvik
tr Deputy Clerk of the Board- Mandy Buchholz
APPROVDD AS TO FORM:
Neil Caulkins, Deputy Prosecuting Attomey
signing for Gregory L. Zempel Prosecuting Attorney
2022 Non- Docket Enabling Ordinance
PageT
June7,2022
Exhibit A: Docket Item 22-01
Amendment to Title's 16 and 17
2022 Non- Docket Enabling Ordinance
Page 8
June7r2022
Kittitas County Code
Tirle 16 | SUBDIVISIONS*
Chapters
16.04 General Provisions
16.05 Binding Site Plans
16.06 Repealed
16.08 Definitions
16.09 Cluster Plattine. Conservation and Agricultural Platting
16.10 Boundary Line Adjustments and Parcel Combinations
16.12 Preliminary Plats
16.16 Hazardous Lands
16.18 Inieation and Sprinkline
16.20 Final Plats
16.24 Survey Data - Dedications
16.28 Develooment of Illegallv Divided Land
16.32 Short Plat Reouirements
16.36 Large Lot Subdivision
16.40 Penalties
* For provisions regarding private sewage disposal systems in plats, see Ch. 13.08 ofthis code.
Prior ordinance history: Ords. 70-13, 7l-8,73-2,73-8,73-10,74-1,75-3,75-4,75-13,75-12,
76-3,76-5,77-2,773,77-4,79-2,79-3,80-1,81-4,92-3,94-6,97-5, gg-3, g0-5,92-3,92-ll,96-
19, Res. 80-25, and DPW-I-82.
Chapter 16.04
GENERAL PROVISIONS
Sections
16.04.010 Applicability.
16.04.020 Exemptions.
16.04.025 Prohibition of split-zone parcels.
I 6.04.030 Administration.
I 6.04.040 Procedure - Application.
16.04.010 Applicability
L Every division and boundary line adjustment within the unincorporated area of Kittitas
County shall proceed in compliance with this title and Kittitas County Code.
2. Every division and boundary line adjustment within the unincorporated area of Kittitas
County shall proceed in compliance with KCC Title l2 Road Standards, KCC Title 20.10
Wildland Urban Interface Code as published by the Intemational Code Council; with the
adopted appendices and amendments as listed in KCC Title 20.10. and the Intemational
Fire Code. (Ord. 2013-013,2013; Ord. 2013-001, 2013; Ord. 2005-31,2005)
16.04.020 Exemptions.
The provisions ofthis title shall not apply to:
Formatted: lndent Lefc 0.5", No bullets or
I . An alteration made for the purposes of adjustins bounda$/ lines as defined in KCC
16.08.055. All boundary line adjustrnents require consistency with the standards outlined
in KCC 16.10.
2. Divisions made by testamentary provisions or the laws of descent;
3. Cemeteries and other burial plots while used for that purpose;
4. Divisions for industrial or commercial use, provided the division is in accordance with
KCC Chapter 16.05;
5. Divisions for the purpose of lease to permit travel trailers to be placed upon the land ,
provided the division is in accordance with KCC Chapter 16.05;
6. Divisions for residential condominiums, provided the division is in accordance with KCC
Chapter 16.05;
7. Divisions for the purpose of leasing land for facilities providing personal wireless
services while used for that purpose. "Personal wireless services" means any federally
licensed personal wireless service. "Facilities" means unstaffed facilities that are used for
the transmission or reception, or both, of wireless communication services including, but
not necessarily limited to, anteffia arrays, transmission cables, equipment shelters, and
support structures; and
8. Divisions into lots or tracts of less than three (3) acres that is recorded in accordance with
Chapter 58.09 RCW and is used or to be used for the purpose ofestablishing a site for
construction and operation of consumer-owned or investor-owned electric utility
facilities. For purposes ofthis subsection, "electric utility facilities" means unstaffed
facilities, except for the presence ofsecurity personnel, that are used for or in connection
with or to facilitate the transmission, distribution, sale, or fumishing of electricity
including, but not limited to, electric power substations. This subsection does not exempt
a division of land from the zoning and permitting laws and regulations of cities, towns,
counties, and municipal corporations. Fufihermore, this subsection only applies to
elechic utility facilities that will be placed into service to meet the electrical needs of a
utility's existing and new customers. New customers are defined as electric service
locations not already in existence as ofthe date that electric utility facilities subject to the
provisions of this subsection are planned and constructed. @rO-20:-A0L 2013; Ord.
2012-006 ,2012:Ord.2011-013, 201 l; Ord. 2005-31, 2005)
16.04.025 Prohibition of split-zone parcels.
No lot created through the provisions ofthis Title or adjusted through the boundary line
adjustment process shall contain more than one land use zone classification. (Otd. 2040"!1,
2014;)
16.04.030 Administration.
The Director is vested with the duty of administering subdivision and platting regulations within
the unincorporated areas ofthe County, and may prepare and require the use ofsuch forms as are
essential to their administration. @d.2U3-00!, 2013; Ord. 2005-31, 2005)
16.04.040 Procedure - Application.
Any person desiring to subdivide the land in an unincorporated area ofthe County shall submit a
preliminary plat (see KCC Chapter 16.12) to the Director.
@.20_17_001, 20 1 7; Ord. 20 1 3-00 1, 20 1 3; Ord. 2005-3 1, 2005)
Chapter 16.05
BINDINGSITEPLAN
Sections
16.05.010 Binding Site Plan Altemative to Platting.
16.05.020 Requirements.
16.05.030 Appeal.
16.05.040 Recording.
I 6.05.060 Amendments and Rescindment.
16.05.010 Binding Site Plan Altemative to Platting.
Any person desiring to subdivide land (l) for sale or lease ofcommercially or industrially zoned
property or (2) for purposes oflease when no residential structure other than travel trailers are
permitted to be placed upon the land when the county has approved a binding site plan for the
use ofthe land in accordance with local regulations or (3) for divisions of land into hacts or lots
for condominiums as provided for in chapter@llor 6z[.3z[-RCW- may use this process in lieu
ofthe subdivision process pursuant to chapter 58.17 RCW or (4) for divisions ofland for special
utilities as defined in KCC 17.61 and public facilities as defined inKCC 17.62.
l. For sale or lease of commercially or indushially zoned property through an
administratively approved binding site plan, which upon approval, allows improvements
and final development approval to be done administratively,
2. This process may be used to divide land by the owner of any legal lot for lease for
residential use by havel trailers, in accordance with local land use regulations, through an
adminishatively approved binding site plan.
3. This process may be used to divide land by the owner of any legal lot, which is to be
developed for residential condominiums pursuant to chapter 64.32 RCW.
4. This process may be used to divide land by the owner of any legal lot, which is to be
developed for special utilities or public facilities in accordance with local land use
regulations, through an administratively approved binding site plan. (Ord, 2005-31, 2005)
16.05.020 Requirements.
l. Whenever a binding site plan for an eligible project is proposed on a parcel of land for
which neither a planned unit development or a building permit has been approved for the
entire parcel, the following must be satisfied prior to recording:
l. A conceptual site plan shall be prepared in a form prescribed by the director
which includes the following information (if appropriate to the project type):
1. Maximum number of dwelling units permitted.
2. Approximate size and location of all proposed buildings.
3. Approximate layout of an internal vehicular circulation system, including
proposed ingress and egress.
4. Approximate location ofproposed open space, including required
landscaped areas,if any.
5. Approximate location of parking areas.
6. Location and size of utility trunk lines serving the site.
7. Topography detailedto 19!f+ve-foot intervals.
8. Location of water storage and fire hydrant location.
9. Demonstrate that the requirements of Chapter 13.35. Kittitas County
Code, Adequate Water Supply Determination, can be met or work
voluntarily with Kittitas County to develop an authorized conservation
easement, see section 16.08.061
2. The director shall consider, and base his decision to approve with or without conditions,
deny or retum the application on the following:
1. Conformance of the proposed site plan with any approved building permit or
planned unit development and any conditions on a portion of the site, and with
any applicable codes and ordinances, of the State of Washington and Kittitas
County. The director shall identiff, to the extent feasible, conditions likely to be
imposed on building permits related to dedication of right-of-way or open space,
and tracts, easements or limitations which may be proposed or required for
utilities, access, drainage controls, sanitation, potable water supply, protection of
sensitive areas or other unique conditions or features which may warrant
protection ofthe public health, safety and welfare. Such preliminary conditions
shall not be binding at the time of building permit approval.
2. The recommendations and comments of agencies having pertinent expertise or
jurisdiction.
3. Proofthat all lots or tracts created by binding site plan are approved for inigation
delivery by the appropriate irigation entity or entities.
4. The director may require dedication of additional road right-of-way pursuant to
criteria contained in Kittitas County Code.
3. Additional documents shall be submitted as necessary for review and approval and may
include a plat certificate, boundary survey, agreements, easements, covenants.
4. The plan must be approved and signed in the same manner as a short plat. Prior to
recording, the director shall veriff the final plan and any attachments to determine
whether the binding site plan is accurate and complete and complies with any conditions
or approval. Approval of a binding site plan does not give the applicant a vested right to
build without regard to subsequent changes in zoning or building codes or other
applicable land use regulations prior to application for a building permit on the subject
property.
5. Open Space. All plats which include open space shall contain appropriate plat notes to
ensure the area will not be further subdivided in the future, the use of the open space for
the purpose specified will continue in perpetuity, and the open space will be appropriately
maintained to control noxious weeds and fire hazards. The identified open space tracts
shall be proportionately owned by tenants in the commono and retained by each home
owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling
their obligation. Open space lots shall not be required to be transferred to the other lot
owners to be held in common ownership so long as the lots are used for the purposes of
agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are
designated as timber and forestlands according to RCW 84.33. Open space lots created as
a result ofan Agricultural Plat shall not be required to be transferred to the other lots
owners to be held in common ownership.
6. This requirement shall not apply to lots retained by the original landowner or subsequent
landowner(s) for the purpose ofproviding improved recreational facilities serving the
benefited parcels. For the purposes ofthis condition, improved recreational facilities shall
be those which exceed $100,000 in value.
7. Non-buildable Lots. Any lots created specifically for, or dominated by, easements,
roadways, storm water retention facilities, septic facilities or other purposes and as a
result are non-buildable shall be proportionately owned by tenants in the common, and
retained by each home owner, and will be assessed, taxe{ and foreclosed upon each
building lot not tulfilling their obligation.
@rA.Z0_!9-013,2019;Ord.20t6-023,2016; Ord. 2015-010, 2015; Ord. 2014-015,2014;Ord.
2014-005,2014; Ord. 201 l-013. 201 l; Ord. 2005-31, 2005)
16.05.030 Appeal.
Any decision by the director shall be final unless appealed to the Board ofCounty
Commissioners as provided for in KCC 154'.07. (Ord. 2005-31, 2005)
16.05.040 Recording.
The proposed binding site plan approved by the County shall be recorded with the Kittitas
County Auditor within 30 days of approval. Upon recording, the site plan shall be binding on the
owner, his heirs and assigns, and shall permit the division of land within the site. Divisions shall
only be permitted upon the filing of a declaration under the Horizontal Regimes Act, Chapter
64.32 R.C.W, provided the structure or structures, road and parking systems, and related
facilities substantially conform to the recorded building plan. (Ord. 2005-3 1, 2005)
16.05.060 Amendments and Rescindment.
l. Amendment of a recorded binding site plan shall be accompanied by following the same
process as required for a new application as set forth in this Chapter.
2. Upon request of the owrer or owners of a legal lot or lots subject to a recorded site plan,
the director shall rescind all or a portion ofthe binding site plan, provided that any
portion of a binding site plan which is rescinded shall be considered to be one lot unless
divided by an approved subdivision or short subdivision.
3. Signaturesofownersofportionsofabindingsiteplanwhicharenotalteredbyan
amendment or rescission plan, which are not altered by an amendment or rescission, me
not required on the amended binding site plan or application for rescission. (Ord. 2005-
31,2005)
Chapter 16.06
ADMINISTRATIVE SEGREGATIONS *
(Repealed by Ordinance 2014-015, 2014)
Chapter 16.08
DEFINITIONS
Sections
I 6.08.0 l0 Word construction.
16.08.015 Repealed.
16.08.020 Alley.
16.08.022 Agricultural activities.
I 6.08.024 Agricultural products.
16.08.026 Agricultural equipment and agricultural facilities.
I 6.08.028 Agricultural land.
16.08.040 Block.
16.08.050 Board.
16.08.055 Boundary line adjustment.
16.08.056 Cluster.
16.08.057 Cluster plat.
16.08.060 Comprehensive plan.
16.08.06 I Conservation easement.
16.08.070 Conservation plat.
16.08.080 Dedication.
16.08,086 Director.
16.08.087 Division.
16.08.090 Easement.
16.08.100 Large lot subdivision.
16.08.1l0 Lot.
16.08.1l5 Minimum lot size.
16.08.1 17 Open space.
16.08.1 l8 Parcel creation.
16.08. I 20 Planning commission.
16.08.130 Plat.
16.08. 135 Plat certificate.
16.08.140 Plat, final.
16.08.160 Public works director.
16.08.165 Road, public and private.
16.08.185 Short plat.
16.08. 186 Short Subdivision.
16.08.190 Subdivider.
16.08.200 Subdivision.
16.08.0 I 0 Word construction.
Whenever the words and phrases appear in this title they shall be given the meaning attributed to
them by 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. (Ord. 2005-31, 2005)
16.08.015 Repealed.
CAd-2012:005- 2012; Ord.20ll-013, 201 l; Ord. 2010-014 , 2010; Ord. 2005-31, 2005)
16.08.020 Alley.
"Alley" means a strip of land dedicated to public use providing vehicular and pedestrian access
to the rear side ofproperties which abut and are served by apublic road. (Ord. 2005-31,2005)
16.08.022 Agricultural activities.
"Agricultural activities" has the same definition as RCW 90.58.065(2)(a), which is "agricultural
uses and practices including, but not limited to: Producing, breeding, or increasing agricultural
products; rotating and changing agricultural crops; allowing land used for agricultural activities
to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural
activities to lie dormant as a result of adverse agricultural market conditions; allowing land used
for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal
conservation program, or the land is subject to a conservation easement; conducting agicultural
operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing,
and replacing agricultural facilities, provided that the replacement facility is no closer to the
shoreline than the original facility; and maintaining agricultural lands under production or
cultivation". (Ord. 20!-4:0.15 201a)
I 6.08.024 Agricultural products.
"Agricultural products" has the same definition as RCW 90.58.065(2)ft), which "includes but is
not limited to horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay,
straw, turf; sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid
cottonwood and similar hardwood trees grown as crops and harvested within twenty years of
planting; and livestock including both the animals themselves and animal products including but
not limited to meat, upland finfish, poultry and poultry products, and dairy products." (Qrd.
2014-01s.20t4)
16.08.026 Agricultural equipment and agricultural facilities.
"Agricultural equipment" and "agdcultural facilities" have the same definition as RCW
90.58.065(2Xc), which "includes, but is not limited to: (i) The following used in agricultural
operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; upland
finfish rearing facilities; water diversion, withdrawal, conveyance, and use equipment and
facilities including but not limited to pumps, pipes, tapes, canals, ditches, and drains; (ii)
corridors and facilities for transporting personnel, livestock, and equipment to, from, and within
agricultural lands; (iii) farm residences and associated equipment, lands, and facilities; and (iv)
all other agricultural activities or allowed uses per Kittitas County Code 17.15." @td.20l4A-15
2014)
I 6.08.028 Agricultural land.
"Agricultural land" has the same definition as RCW 90.58.065(2Xd), which is "those specific
land areas on which agriculture activities are conducted." QId.2O!4-0-15, 2014)
16.08.040 Block.
"Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries. (Qrd.
2013-001. 2013; Ord. 2005-3 l, 2005)
16.08.050 Board.
"Board" means the Board of Kittitas County Commissioners. (Ord. 2005-31,2005)
I 6.08.055 Boundary line adjustment.
"Boundary line adjustment" means making alterations to existing lots, tracts or parcels through
adjusting one (1) or more property lines in a manner which does not create any additional lot,
tract, or parcel. Ad.20.l+O!5, 2014; Ord. 2013-001, 2013; Ord. 2005-31, 2005)
16.08.056 Cluster.
"Cluster" consists ofa grouping ofbuildable contiguous lots or building envelopes within the
cluster plat or conservation plat boundary. Individual clusters need not be contiguous but must be
within the project boundary. Qrd.20 L3:00!, 2013)
16.08.057 Cluster Plat.
"Cluster Plat" means a land division where the applicable zoning requirements are modified to
provide an altemative land division method for the development layout, configuration and design
of lots, buildings and structures, roads, utility lines and other infrastructure in order to preserue
natural, resource, and scenic qualities ofopen lands. (Ord. 2013-001, 2013)
I 6.08.060 Comprehensive plan.
"Comprehensive plan" means the current comprehensive plan ofthe County, adopted by the
Board pursuant to State law. @td-2O!_3_-0OL ,2013; Ord.2005-31, 2005)
16.08.06 I Conservation Easement.
"Conservation easemenf is a specified land area with no domestic water consumption that is
used for open space or agriculture only and shall be established during a platting process. The
easement areas shall be created from an existing parcel and shall have a different legal
description than the original parcel. The conservation easement shall be voluntarily agreed upon
by the landowner and reviewed and authorized by the County. The signed document must be
recorded with the County auditor's office prior to submission for final approval. The landowner
will continue to privately own and manage the land. Upon accepting the conservation easement
agreement, the easement holder has a responsibility to ensure compliance with the terms of the
agreement. The landowner may discontinue the conservation easement through a platting process
subject to compliance with Kittitas County Code Title 13 and Title 16. (Qd-2Ol!Q10, 2015)
16.08.070 Conservation plat.
"Conservation plat" means a land division where the applicable zoning requirements are
modified to provide an altemative land division method characterized by compact lots and
common open space or natural resource lands, where the nafural features ofthe land, resource
potential, and rural character are maintained to the greatest extent possible while accommodating
development. (Ord. 2U3-00.| 20 I 3)
16.08.080 Dedication.
"Dedication" means the deliberate conveyance ofland by an owner or corporation for any
general or 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 ofa final plat
or short plat showing the dedication thereon; and, the acceptance by the public shall be
evidenced by the approval of such plat for filing by the Board. @_20.1-3--00.1, 2013; Ord. 2005-
31,2005)
16.08.086 Director.
"Director" is the director of Kittitas County Community Development Services department or
designee. @d.20!3:00!, 201 3; Ord. 2005-3 1, 2005)
16.08.087 Division.
"Division" means the creation ofa lot through short or long subdivision, large lot subdivision,
etc., but not including a boundary line adjustment. @24.1m[,2013; Ord. 2012-006 . 2012;
Ord. 2005-3 1, 2005)
16.08.090 Easement.
"Easement" means a grant by a property owner to specific persons or to the public to use land for
a specific purpose or purposes. (Ord. 2005-31, 2005)
16.08.100 Large lot subdivision.
"Large lot subdivision" means any subdivision of land into two (2) or more lots or parcels the
smallest of which is twenty (20) acres or greater. (See KCC 16.36 for standards and
requirements) @rd-2Q13:001, 20 I 3 ; Ord. 2005-3 1, 2005)
16.08.1 10 Lot.
"Lot" means a fractional part ofsubdivided lands having fixed boundaries, being ofsufficient
area and dimension to meet minimum zoning requirements for width and area. The term shall
include tracts or parcels. (Ord. 2005-3 I, 2005)
16.08. I 15 Minimum lot size.
Minimum Lot sizes for the respective zones can be found in Title 17 of this code. (Ord. 2005-31,
2005)
16.08.1 l7 Open space.
"Open space" means any land area. the preservation ofwhich in its present use would conserve
and enhance natural or scenic tesources; or protect streams or water supplies; or promote
conservation ofsoils, wetlands, rural and resource lands; or enhance the value to the public of
abutting or neighboring parks, forests, wildlife preserves, nature reservations, sancfuaries or
other open space; or enhance recreation opportunities; or preserve historic sites. Public open
space is publicly owned land that has been or will be set aside for open space and recreational
use. Private open space is privately owned land that has been or will be set aside as provided in
Title 16 ofthis code, by voluntary conservation, or by land reserve easements. Open space does
not include utility easements, road easements, or areas used for stormwater ponds or septic
facilities. @0.1_3 -OO L, 20 13 ;)
16.08.1 18 Parcel creation.
"Parcel creation" means the creation of a lot through short or long subdivision, large lot
subdivision, etc. and including boundary line adjustments. @fd.2[1_3:09| 2013; Ord, 2012-006
, 2012; Ord. 2005-3 l, 2005)
I 6.08. I 20 Planning commission.
"Planning commission" means the Kittitas County planning commission. (Ord. 2005-31, 2005)
16.08.130 Plat.
"Plat" means a map or representation of a short or long subdivision, showing thereon the division
of a tract or parcel of land into lots, blocks, roads and alleys or other divisions and dedications.
(Ord. 2005-3 1, 2005)
16.08. 1 35 Plat certifi cate.
"Plat certihcate" means a certihcate showing ownership ofland proposed for short or long
subdivision, including all encumbrances thereon. (Ord. 2005-31, 2005)
16.08.140 Plat, final.
"Final plat" means the final drawing/map and dedication prepared for administrative or Board
approval and filing for record with the county auditor, a1l in accordance with county subdivision
procedures and minimum requirements. Ad-2fl3:Qgt 2013; Ord. 2005-31, 2005)
16.08.160 Public works director.
"Public works director" means the public works director or his or her designee. (Ord. 2005-31,
2005)
16.08.165 Road, public and private.
"Road, public and private" for definition see Title l2 ofthis code for definition. (Ord. 2005-3 1,
2005)
16.08.185 Short plat.
"Short plat" is the map or representation ofa short subdivision. (Ord. 2005-31, 2005)
I 6.08. I 86 Short Subdivision.
"Short subdivision" means the division or re-division ofland outside any urban growth area into
four (4) or fewer lots, tracts, parcels, sites or divisions, for the purpose ofsale, lease, or transfer
of ownership. Short subdivision means the division or re-division of land inside any urban
growth area into nine (9) or fewer lots, tracts, parcels, sites or divisions, for the purpose of sale,
lease, or transfer of ownership. @0. 20-!_E:00!, 2018; Ord. 2013-001. 2013; Ord. 2005-31,
2005)
16.08.190 Subdivider.
"Subdivider" means a person, including a corporate person, who undertakes to clleale a
subdivision. (Ord. 2005-31, 2005)
16.08.200 Subdivision.
"Subdivision" means the division or re-division ofland into five (5) or more lots, tracts, parcels,
sites or divisions for the purpose of sale, lease or transfer ofownership any one ofwhich is less
than twenty (20) acres. @d.2U3:001, 2013; Ord. 2005-31, 2005)
Chapter 16.09
CLUSTER PLATTING, CONSERVATION aNd AGNCULTURAL PLATTING
Sections
16.09,010 Purpose and Intent.
16.09.020 Repealed.
16.09.025 Applicability.
16.09.030 Repealed.
I 6.09.040 Development Regulations.
16.09.060 Lot Size.
16.09.080 Process for Approval.
16.09.090 Repealed.
16.09.100 Repealed.
16.09.010 Pulpose and Intent.
With the recognition of the value of retention of rural densities in rural lands, while protecting
our critical areas, water resources and resource lands, and with recognition that urban densities
belong in urban designated lands, Kittitas County also recognizes the need for innovative
planning tools to achieve these goals. Encouraged by the Growth Management Act (GMA), this
chapter provides irurovative land division techniques that will accommodate appropriate
resource, rural and urban densities and uses at levels that are consistent with the conservation of
resource lands and preservation ofrural character.
In order to provide tools to foster appropriate densities, while making development economically
feasible, to recognize benefits to the gteater community through an effort to conserve natural
resource lands, ensure the continued existence of open space, conserve water resources, protect
public health by reducing the number ofseptic drain fields, concentrate urban densities in urban
gtowth areas and minimize the impact of "Rural Sprawl" in rwal lands as designated in the
Kittitas County Comprehensive Plan, Cluster Platting, Conservation and Agricultural Platting
techniques will foster the development ofurban, rural and resource designated lands at
appropriate densities while conserving resource lands, protecting rural character, protecting the
environment and maintaining a high qualify of life in Kittitas County. @d.20J!4J5,20141'
Ord. 2013-00 I, 2013; Ord. 2010-014, 2010; Ord. 2009-25, 2009; Ord. 2006-36, 2006; Ord.
2005-35,2005)
16.09.020 Repealed
@20.1 :o0.1, 2013 ; Ord. 2009 -25, 2009; Ord. 2006-3 6, 2006; Ord. 2005-3 5, 2005)
16.09.025 Applicability
Cluster Platting and Conservation Platting are an altemative method for the division of land.
1. Cluster platting is permitted in the following zone Plan designations:
1. All zones in the Urban land use designation;
2. All zones in the Rural Residential land use designation;
3. All zones in the Rural Recreation land use designation; and
4. All zones in Rural LAMIRDs.
2. Conservation and Agricultural platting is permitted in the following zone classifications,
provided the parcel or combination of contiguous parcels meets the following required
minimum land area:
l. Agriculture 20, with a minimum land area of forty (40) acres which 40 acres may
be in one (l) or more tax parcels, provided, however, ifthe applicant relies on
more than one tax parcel all tax parcels relied on must be; i) used for agricultural
activities as that term is defined in RCW 90.58.065(2Xa); and ii) be designated as
open space or as farm and agriculture land under Chapter 84.34 RCW; and iii) be
owned by the same individual or entity for a minimum of 5 years; and iv) all
parcels relied on shall be contiguous with the other parcels, but, parcels separated
by county roads, streams and inigation canals shall be deemed contiguous;
2. Forest and Range, with a minimum land area of forty (40) acres; and
3. Commercial Agriculture, with a minimum land area of eighty (80) acres which 80
acres may be in one (1) or more tax parcels, provided, however, ifthe applicant
relies on more than one tax parcel all tax parcels relied on must be; i) used for
agricultural activities as that term is defined in RCW 90.58.065(2)(a); and ii) be
designated as open space or as farm and agriculture land under ChapterE4.Sl
RCW; and iii) be owned by the same individual or entity for a minimum of 5
years; and iv) all parcels relied on shall be contiguous with the other parcels, but,
parcels separated by county roads, streams and irrigation canals shall be deemed
contiguous.
@rd.2Q"!4-9.U,2014; Ord. 2013-008,2013; Ord. 2013-001, 2013; Ord. 2010-014, 2010)
16.09.030 Repealed.
@rd-2AE:001,2013;Ord.2010-014,2010; Ord. 2009-25,2009; Ord. 2006-36,2006; Ord.
2005-35,2005)
I 6.09.040 Development Regulations.
Cluster plats, Conservation and Agricultural plats are subject to the following provisions
1. Notification Requirement. If appropriate, the final plat and all conveyance
instruments shall contain the following notice: "The subject property is within or
near existing agricultural or other natural resource areas on which a variety of
activities may occur that are not compatible with residential development for
certain periods ofvarying duration. Agricultural or other natural resource
activities performed in accordance with county, state and federal laws are not
subject to legal action as public nuisances. Kittitas County has adopted right to
farm provisions contained in the Section 17.74 of the Kittitas County Zoning
Code."
2. Compliance with County Development Regulations. Unless otherwise specified
by this chapter, all development activities authorized through this chapter shall
comply with all existing, applicable county development regulations, including
but not limited to: subdivision ordinance, zoning code, shoreline master program,
road standards, fire and life safefy, critical areas, and floodplain development
ordinance. In addition, Cluster Platting and Conservation Platting shall not be
used prospectively in conjunction with the Kittitas County planned unit
development zone (KCC Chapter 17.36).
3. Applications. Applications shall be evaluated for the possible impacts to adjacent
agricultural uses. Residential parcel densities allowed in rural and resource areas
can have a significant impact on agricultural, forestry and mineral resource uses.
Conditions may be placed on development proposals through the normal Kittitas
County permitting authority, which protect agdcultural lands from possible
impacts related to incompatible land uses.
4. Farmstead. The farmstead, including the pre-existing residential and associated
out buildings within the project boundary, will not be required to become part of a
cluster ofresidences.
5. Location. Clustered lots and Agricultural Lots shall be located within the project
boundary in a manner that best recognizes the purpose and intent ofcluster plats,
conservation plats or Agricultural plats, including but not limited to, the location
of the natural resource lands, critical areas as identified in KCC 17.A, puqpose of
open space, natural or topographical features serving as a functional division, etc.
6. Access to Public Lands. Applications that included parcels which share property
line boundaries with public lands which allow public use must maintain or
enhance existing public access points. Maintained or enhanced public access
points to public lands shall be in conformance with requirements as identified by
federal, state, and local agencies havingjurisdiction over said public lands.
Documentation demonstrating such shall be submitted as part of the project
application.
7. Open Space. All open space shall contain appropriate covenants and restrictions
to ensure the area will not be further subdivided in the future, the use of the open
space for the purpose specified will continue in perpetuity, and the open space
will be appropriately maintained to conhol noxious weeds and fire hazards.
2. Open Space. All plats which include open space shall contain appropriate plat notes to
ensure the area will not be further subdivided in the future, the use ofthe open space for
the purpose specified will continue in perpetuity, and the open space will be appropriately
maintained to control noxious weeds and fire hazards. The identified open space tracts
shall be proportionately owned by tenants in the common, and retained by each home
owner, and will be assessed, taxed, and foreclosed upon each building lot not fulflrlling
their obligation. Open space lots shall not be required to be transferred to the other lot
owners to be held in common ownership so long as the lots are used for the purposes of
agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are
designated as timber and forestlands according to RCW 84.33. Open space lots created as
a result ofan Agricultural Plat shall not be required to be transferred to the other lots
owners to be held in common ownership.
3. This requirement shall not apply to lots retained by the original landowner or subsequent
landowner(s) for the purpose ofproviding improved recreational facilities serving the
benefited parcels. For the purposes ofthis condition, improved recreational facilities shall
be those which exceed $100,000 in value.
4. Non-buildable Lots. Any lots created specifically for, or dominated by, easements,
roadways, storm water retention facilities, septic facilities or other purposes and as a
result are non-buildable shall be proportionately owned by tenants in the common, and
retained by each home owner, and will be assessed, taxed, and foreclosed upon each
building lot not fulfilling their obligation.
5. Cluster plats are subject to the following provisions:
1. The cluster development does not exceed the density permitted by the zone in
which the development is located;
2. The proposed cluster is not within one thousand three hundred twenty ( I ,320) feet
between the lot lines ofany other cluster or existing residential strucfure unless
the residential structure(s) is part ofthe proposed development;
3. The cluster development does not exceed six (6) residences per cluster;
4. No residential dwelling within the cluster is further than one hundred (100) feet
from another residential dwelling; and
5. Sixtypercent(607o)ofthelandoutsideoftheclusterremainsincontiguousopen
space in perpetuity. Open space in cluster plats shall be held in common
ownership or maintained at existing land use or agricultural use.
6. Conservation plats are subject to the following provisions:
l. The conservation development does not exceed the density permitted by the zone
in which the development is located;
2. No conservation plat is adjacent to another cluster or conservation plat so that the
total conservation development exceeds six (6) units unless the proposed
developments are separated by an existing County road;
3. In aresidential development in aconservation plat, lots must be located adjacent
to one another upon no more than fifty percent (50%o) ofthe total property being
divided.
4. Seventy percent (70%o) ofthe land outside ofthe conservation cluster remains in
open space for resource use in perpetuity. Open space in conservation plats may
either be held in common ownership, owned by a conservation entity, or remain
in the ownership ofthe farmstead or resource parcel.
7. Agricultural plats are subject to the following provisions:
1 . No Agricultural plat shall be adj acent to another cluster, conservation or
agricultural plat so that the total development on the parcels within the adjacent
plats exceeds l0 units;
2. T\e agriculture development does not exceed the density permitted by the zone in
which the agricultural land is located.
. 3. The agriculfural plat is necessitated or pursued for one or more ofthe following
reasons:
l. to accommodate housing for farm labor or farm family members; or
2. to implement an inigation improvement; or
3. to create parcels ofreal property for financing pulposes; or
4. to improve or increase agricultural efficiencies or dispose ofproperty no
longer useful to the agricultural activities; or
5. to allow gradual or sequential platting as needed to ensure the economic
viability of the farm's future; or
6. to facilitate residential dwellings on acreages with varying sizes to allow
"small" farms such as Community Support Agriculture (CSA), local
farmer's market suppliers to exist in Ag and other zones while acres in
excess ofthose purchased remain with original owner but carry
nondevelopment status to meet the density ofthe underlying zone.
4. Dwellings shall be located with the plat in a manner which secures the necessity
ofthe plat as defined in 4(c) above and in a manner which does not adversely
impact productive farmland or on- or off-site agricultural activities. The
possibility that lots and dwellings may be located where they are impacted by
dust, inigation water, or agricultural treatments or chemicals, or will encourage
trespass, or will interfere with the movement of agricultural vehicles or livestock,
or may be adversely impacted by noise or odor, should be minimized. All lots
shall have a notation on the face ofthe plat or a deed restriction that runs with the
title that provides notice that the lot is located in an area where agricultural
activities occur and may impact lot owners'use and enjoyment of their property.
5. Lots smaller than two acres and, for all lots, home sites and facilities that support
the residential development, such as onsite waste disposal systems, residential
units shall be located on lands with poor soils or otherwise not suitable for
agricultural pulposes.
(UA-ZOJ5-08"2016;Ord.2014-015, 2014; Ord. 2013-001, 2013; Ord. 201l-013. 2011; Ord.
2010-014. 2010; Ord. 2006-36,2006; Ord. 96-6 (pm),1996)
16.09.060 Lot Size.
I . Generally: The size of the lots to be developed shall be no larger than necessary to meet
the minimum Washington State Department of Health requirements and the Kittitas
County Code.
2. Exceptions:
L The existing farmstead lot can be up to ten (10) acres in size; and
2. New lots may be as large as five (5) acres ifbuilding envelopes are established on
the plat that ensure the same development pattem that would occur with smaller
lots created consistent with subsection 16.09.060.1 above.
3. Agricultural plats.
16.09.080 Process for Approval.
L Submit preliminary Cluster Plat or Conservation Plat map in conformance with
requirements in KCC Chapter 15A Project Permit Application Review, KCC Chapter
16.12 Preliminary Plats or KCC Chapter 16.32 Short Plat Requirements, as applicable,
and Title 12 Road Standards.
2. Cluster Plats and Conservation Plats are to be processed as a short subdivision or
subdivision, depending on the number of lots proposed, and are subject to the review
process as provided for in KCC Title l5A Project Permit Application Process.
3. Final Cluster Plat or Conservation Plat approval must be in conformance with KCC
Chapter 16.20 Final Plats.
4. Process for Approval of Agricultural Plats
L Agricultural Platsl. The Agricultural Plat shall be processed as a shoft plat or long plat as
defined in Title 16.
5. Documentation shall be submitted by the applicant stating how the proposed
development meets the intent of KCC Chapter 16.09.
@d-20f8-001, 2018; Ord. 2014-015 ,2014;Ord.2013-001, 2013; Ord. 2010-014. 2010; Ord.
2009 -25, 2009; Ord. 2007 -22, 2007 ; Ord. 2006-3 6, 2006; Ord. 2005 -3 5, 2005)
16.09.090 Repealed.
@d-20!3-00!,2013; Ord.2010-014,2010; Ord. 2009-25,2009; Ord. 2007-22,2007;Ord.
2006-36, 2006; Ord. 2005-35, 2005)
16.09.100 Repealed.
(Qrd.20l-3:001, 2013;20 1 0; Ord. 2009-25, 2009; Ord. 2007 -22, 2007 ; Qrd.
2006-36, 2006; Ord. 2005-35, 2005)
Chapter 16.10
Boundary Line Adjustments341!-fglce!_lqe4binalien!
Sections
16. I 0.0 I 0 Applicability
16. 10.020 Application requirements
16. I 0.030 Review criteria
16. 10.040 Review procedures
16.10.050 Recording
I 6. I 0.060 Transfer of title
16.10.070 Expiration
I 6. I 0.0 1 0 Applicability
A boundary line adjustment is an acceptable mefils of transfening land between abutting legally
created parcels, provided:
l. No additional lots, parcels or tracts are created as part ofthe transfer;
2. 2. No lot that cunently conforms to minimum area and dimension regulations shall be
adjusted so as to become nonconforming, except that existing lots within an existing
planned unit development (PUD) may be adjusted through the PUD review and approval
process contained in KeeU36, provided that the overall density of the PUD shall not
be exceeded; and
3. 3. No nonconforming lot shall be adjusted in a marurer that increases the nonconformity,
except that existing lots within an existing planned unit development (PUD) may be
adjusted through the PUD review and approval process contained in KCC 17.36,
provided that the overall density ofthe PUD shall not be exceeded.
4. No parcels with split zoning are created as a part of the transfer per KCC Chapter
16.04.025.
@d-202L015, 2021; ord. 2014-015, 2014;)
16. 10.020 Application requirements.
Applicants for a boundary line adjustment qpg&el_eenlbiUql[ien shall submit the following for
review and approval:
l. A briefnarrative description ofthe proposed boundary line adjustment pla31gel
combination;
2. Existing and proposed legal descriptions ofthe affected lots;
3. Scaled drawings of both existing and proposed site plans as described in KCC Title
15A.03.030;
4. A certificate oftitle issued within the preceding one hundred twenty (120) days.
@10-2O14-011,2014;)
16. I 0.030 Review criteria.
In addition to the requirements in KCC 16.10.010 above, the Director shall consider, and base
his/her decision to approve or deny a boundary line adjustment on the following:
l. Compliance with KCC Title l7 Zoning;
2. Compliance with KCC Title 12 Roads and Bridges;
3. Compliance with KCC Title 13 Water and Sewers;
4. Compliance with KCC Title l4 Buildings and Construction;
5. CompliancewithKCCChapter16.lSInigationandSprinklingandRCW53.lT.3l0and;
6. Compliance with KCC Title 20 Fire and Life Safety
(Ord. 2014-015,2014;)
I 6. I 0.040 Review procedures.
The Director, County Engineer and County Surveyor shall review the boundary line adjustment
or parcel combination for compliance with this chapter and all other land use regulations in
effect at the time the application was deemed complete. If all requirements for approval are met,
the Director shall provide written findings of fact supporting the approval ofthe boundary line
adjustment.
(Ord. 2014-015,2014;)
16.10.050 Recording.
Prior to recording, a final Preliminary Survey along with legal descriptions and final acreages for
all lots involved shall be submitted to Community Development Services for review and
approval. The Director shall verifr that the final survey and any attachments are accurate and
complete and that they comply with all of the requirements in KCC 16.10.030. KCC
16.24+624414,14W, and WAC 332-130. Additionally, as aminimum, all comers of
the new division lines shal1 be set, weather dependent, and positions noted qn€fface ofsurvey.
Boundary line adjustments do not become effective until recorded with the Kittitas County
Auditor. Parcel Combinations do not require a final survey.
16.10.060 Transfer of title.
The recording of a boundary line adjustment does not constitute a transfer oftitle. Separate deeds
to this effect must be recorded with the Kittitas County Auditor and are not subject to the
provisions of this Chapter.
@d-2uaoE,2014;)
16.10.065 Lot l,ine Encroachment
.Where the orvner of two (2) or more lots with a comrnon lot line desires to have the lots
regarded as a sinsle lot for purposes ofbuilding placenrent. the owner shall record a notice of
lot line encroachmenlrvjth the $ittit?s_9ountv Auditor. The fbrm for said notice shall be
oroviderl byKifiitas County Cornmunity Development Services and shall state the follorvilg
1. For Platted Lots:
"Lots (lot numbers) of block (block number) in (subdivision name). recorded in the
book of plats (book number) at page (number'). of Kittitas Count), records. are
hereby considered one lolfor the purposes of building p.lqce!.lgrt p_lrrsuarl.l_Jolhe
provisions herein."
2. For Unplalted Lots:
."Lots described as (lnsert Legal Descriptions) are herebv considered one lotfor
the purooses ofbuilding placement pursuant to the provisions herein."
The notice shall include and agleement and affirmation from the prope(y orvner that the lots
will remain under sinele ownership unless the building and propert], are broueht into
compliance with all building. zoning. subdivision. and other applicable codes.Jhe notice
shall bear the notarized signature ofthe ploperty owner and a copy ofthe recorded notice
shall be provided to Kittitas County Community Developrnent Services. The recording of a
notice of lot line encroachrnenlshall onlv have Jhe effect pf modib'ine the minirnum side or
rear yard requirements for the comrnon lot line and all other requirements of this title.
including densitv requirements, shall remain in full.florqejlrld gffect.
16.10.070 Expiration.
If the boundary line adjustmentprpglspkAlnb11lgd()l1 is not recorded with the Kittitas County
Auditor within two (2) years of the date of approval, the boundary line adjustment plaqgel
combination shall be null and void.
@r4.20-LL011,2014;)
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Chapter 16.12
PRELIMINARY PLATS
Sections
I DRAWING REQUIREMENTS
16.12.010 Generally.
16.12.020 Preliminary plat general information.
16. 1 2.030 Existing conditions.
II DESIGN STANDARDS
16.12.040 Comprehensive plan and zoning regulation conformance.
16.12.060 Open space and non-buildable lots.
16.12.090 Lot size.
16. 12. I 10 Required easements.
IIIFILING
16.12.120 Receiving - Filing procedure.
IVTIEARING
16.12.130 Dateo notice - Procedure.
!!.!!![Q Scope.
16.12.150 Road, sewer, water and fire system recommendations.
16.12.160 Facilities - Improvements.
16.12.17 0 Comprehensive plan conformance.
V IMARING EXAMINER'S ACTION
16.12.180 Findings and report.
16.12.190 Records.
VIBOARDACTION
16.12.200 Date and records.Irfipfi Acceptanc€ or rejection.
16.12.230 Records.
VII PRELIMINARY APPROVAL
16.12.240 Development authorization.
16.12.250 Expiration.
I DRAWING REQUIREMENTS
16.12.010 Generally.
Any person desiring to subdivide land shall prepare and submit to the county community
development services department at least two (2) copies of a preliminary plat ofthe proposed
land subdivision which shall meet the requirements in Sections 16.12.020 through 16.12.030.
@rd-2q L8:021, 2018; Ord. 2005-3 1, 2005)
16.12.020 Preliminary plat general information.
Unless otherwise specified, information required below may be placed on either sheet one or
subsequent sheets or on all sheets as necessary.
L All preliminary plat drawings shall be submitted on eighteen by twenty-four inch sheets.
When required by the county public works director, proposed road plans and profiles
prepared by a licensed civil engineer shall be submitted on standard 22" x3!6" sheets for
review. The scale shall be l" = 100'horizontal and 1": l0'vertical, sheet one.
2. Names ofproposed subdivision, all sheets.
3. Location of subdivision by section, township, range, county and state, all sheets.
4.Lega|descriptionof1andcontainedwithinthesubdivisio@
of title.
5. Name(s) and address ofthe owner(s), subdivider(s), surveyor, engineer and date of
survey.
6. Scale ( I " : 200', or greater) north arrow and date, sheet one.
7. Vicinity map showing the boundary lines of all adjacent subdivisions, roads, streets,
rivers, streams, canals, or any other information that will assist the planning commission
in considering the plat, sheet one.
8. Proposed platted boundary lines, lot and road dimensions, and gross acreage, sheet one.
9. A statement regarding the contemplated sewage disposal, potable water supply, and
drainage improvements for the proposed subdivision.
10. All access easements.
11. All inigation ditch easements or historical ditch locations. @td-2ql0:014, 2010; Ord.
2005-31,2005)
I 6.12.030 Existing conditions.
Unless otherwise indicated, the following shall be shown on the preliminary and final review
drawings.
A. Contour lines at intervals of
@ at preliminary review only , or the use of USGS maps to
represent elevations and slopes at preliminary review may be used and where such maps
are utilized at preliminary review they must be verified by Contour lines of fi+e-fuef&+
at final
review.
B. Location,
of all roads, sheets, alleys, easements, and rights-of-way on and adjacent to the proposed
subdivision.
C. Location of all existing ditches apparent or ofrecord, marshes, areas subject to flooding,
and the direction of flow of all water courses, as required by KCC 174.05.015 .
D. Existing uses ofthe property, including the location and nature of all acreage, fences
and/or other sfuctures.
E. Any additional information deemed necessary by Kittitas County.
F. The total acreage and number of lots included within the subdivision shall be indicated on
sheet one ofthe plat.
G. One soil log shall be performed and information recorded for each lot within the
proposed subdivision. Soil logs shall be in accordance withchapter246-272AWAC .
( Ord. 2016-023, 2016; Ord. 2010-014. 2010; Ord. 2005-31, 2005 )
II DESIGN STANDARDS
16.12,040 Comprehensive plan and zoning regulation conformance.
All proposed subdivisions shall conform to the county comprehensive plan and all applicable
zoning regulations in effect at the time they are submitted for approval. Lots shall be ofsufficient
are4 width and length to satisS zoning requirements, or, where zoning controls do not apply, to
satisff the minimum health and sanitation requirements of the county health department.
If; as of July 26, 1996, an existing lot was lawfully occupied by two (2) single family dwellings,
such lot may be granted short plat approval under KCC Chapter 16.32 in order to permit the
segregated sale or refinance ofsuch dwellings, even though one or both ofthe resulting new lots
will have dimensions less than required for the zoning district in which the property is located;
provided, however, that the degree of density nonconformity shall not be increased. @rd-202_!:
0l 5, 2021; Ord. 2016-023. 20 I 6; Ord. 2005-3 1, 2005). Site triangles sh
KCC 12.04.030.
16.12.060 Open space and non-buildable lots.
l. Open Space. All plats which include open space shall contain appropriate plats notes to
ensure the area will not be further subdivided in the future, the use of the open space for
the purpose specified will continue in perpetuity, and the open space will be appropriately
maintained to control noxious weeds and fire hazards, The identified open space tracts
shall be proportionately owned by tenants in the common, and retained by each home
owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling
their obligation. Open space lots shall not be required to be transferred to the other lot
owners to be held in common ownership so long as the lots are used for the purposes of
agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are
designated as timber and forestlands according to RCW 84.33. Open space lots created as
a result of an Agricultural Plat shall not be required to be transferred to the other lots
owners to be held in common ownership.
2. This requirement shall not apply to lots retained by the original landowner or subsequent
landowner(s) for the purpose ofproviding improved recreational facilities serving the
benefited parcels. For the purposes ofthis condition, improved recreational facilities shall
be those which exceed $100,000 in value.
3. Non-buildable Lots. Any lots created specifically for, or dominated by, easements,
roadways, storm water retention facilities, septic facilities or other purposes and as a
result are non-buildable shall be proportionately owned by tenants in the common, and
retained by each home owner, and will be assessed, taxed, and foreclosed upon each
building lot not tulfilling their obligation.
@4. 20J5423,2016)
16.12.090 Lot size.
Lot sizes shall comply with minimum zoning, health, and sanitation codes where applicable.
(Ord. 2005-3 1, 2005)
16.12.1 l0 Required easements.
All lots will have utility easements shown on the face of the plat or in the plat restrictions. Said
easements shall be of a width adequate to allow for future utility installations.
1. Drainage and Storm Water Easements. Easement for drainage channels and ways shall be
of sufficient width to assure that the same may be maintained and improved. Easements
for storm water shall be provided and shall be l0 feet in width and properly located to
permit future installations. No storm water discharge to inigation entity facilities shall be
authorized without a permit from the inigation entity or ditch owner.
2. Util@ Installations. Utility lines, including, but not limited to electricity, water, natural
gas, sewer, telephone and television cable, serving and located within the subdivision,
shall be placed underground. Where topography, soil, or other conditions make
underground installations impracticable, and the board, upon recommendation from the
county engineer, so finds upon written evidence presented by the supplier ofsuch
utilities, may waive this requirement for underground utilities. Utility installations shall
be in conformance with requirements ofKCC Ij!!e 12 (Utilities within the right of way).
3. Public Utilities. Where alleys are not provided, easements for public utilities shall be
provided along lot lines where necessary, including any necessary access easements.
There shall be a minimum of ten (10) feet in width. Where possible, the width of rear and
side lot line easements shall be equally shared by abutting lots and easements shall be
continuous and aligned from block to block within the subdivision and with adjoining
subdivisions.
4. Inigation Easements. Any plat which includes a lot or lots consisting, in whole or in part,
of inigated land, or un-irrigated land classified by an inigation district as irrigable to
which there is a water right, shall provide adequate irrigation easements to each such lot.
Any plat proposed for land through which inigation water flows to downstream users
shall provide easements for existing ditches, channels, conveyances and structures
through which such water flows and such shall be shown on the plats, maps and polyester
originals.
All easements and rights of way required pursuant to this subsection shall be of sufficient width
for maintenance, and the plat shall contain on its face a note ofaccess to downstream water users
for the pupose of maintenance. Easements shall be labeled as "existins." herein dedicated." or
"created via separate document." In the event that the first or third options are used the recordine
number shall be shown on the map. All easements shall also include width and purpose of
easement on the face of the nrap. Preliminary applications for the division of land shall conform
to KCC Title 12 stomwater regulations and stormwater easements shall be shown prior to final
approval of the document.
Any new easement necessary for Irigation and delivery ofwater shall be reviewed by the
Irrigation district or entity serving the site to make recommendations as to the final location and
placement ofnew easements. It is recognized that the preference is to place new easements
outside any existing right of way and the County road. Additional easement width may be
required to accommodate the delivery or tail water. Existing inigation conveyances within the
County road right of way shall continue to exist under the Right to Farm Ordinance within this
code. (Ord. 2005-31, 2005)
III FILING
16.12.120 Receiving - Filing procedure.
If the director determines that the preliminary plat contains sufficient elements and data to
furnish a basis for its approval or disapproval, and the plans are adequate to allow the public
works director to approve or disapprove the construction of future improvements, the director
shall affix a file number and date of receipt to the application and promptly forward all copies of
the plans ofroads, utilities, and other proposed improvements to the county engineer.
The director shall forward copies of the preliminary plat to other departments, municipalities,
utility companies or public agencies determined to have an interest in the subdivision. All
reviewing agencies and,/or entities shall forward their comments to the director pursuant to Title
l5A ofthis code, Project permit application process. Failure to report within appropriate
comment time shall be interpreted to indicate that the proposed subdivision will not adversely
affect the agency or utility involved. (Ord. 2005-31, 2005)
IVHEARING
16.12.130 Date, notice - Procedure.
Upen reeeipt efa prelinrinery plat; the direeter shall set a date fer epen reeerd predeeision publie
h€aring+€f€re+hefknnin€-€ommission. The director shall give notice of the public hearing
pursuant to Title l54' ofthis code, Project permit application process. (Ord. 2005-31, 2005)
16.12.140 Scope.
At the open recordfredeeisien public hearing the@
Examiner shall consider all relevant evidence to determine whether to reemmendthatgpplgvg
the preliminary plat be rfpreved er dis^p . Any hearing
may be continued at the discretion of the eem$dssienHe4fi9glExg&llgl. (Ord. 2005-3 I , 2005)
16.12.150 Road, sewer, water and fire system recommendations.
The planning official, county public works director, county health officer, and the county Fire
Marshal, shall certiff to the Hearing Examiner, prior to the hearing, their respective
recommendations as to the adequacy ofthe proposed road system, the proposed sewage disposal
and potable water supply systems; compliance with Kittitas County Code-jnglUdbg_but_Ug!
limited to Chapter 13.35, Adequate Water Supply Determination or authorized conservation
easement as defined in section I 6.08.06 I ; and fire and life safety protection facilities within the
subdivision. The recommendations of the planning official, county public works director, county
health officer, and the county Fire Marshal, shall be attached to the Hearing Examiner's report
and decision. ffi. @rd-2Ol!OA, 2015; Ord. 2014-015. 2014: Ord.
2014-005. 2014; Ord.20ll-013, 201 1; Ord. 2005-31, 2005)
16.12.160 Facilities - Improvements.
The Hearing Examiner shall determine whether the proposal includes appropriate provisions for
drainage, roads, alleys, and other public ways, water supplies, sanitary wastes, parks,
playgrounds, fire and life safety protection facilities, school sites and grounds and other public
and private facilities and improvements as required by the Kittitas County Code. (Qfd.2gl!:01_3.
, 201 1; Ord. 2005-31, 2005)
16.12.17 0 Comprehensive plan conformance.
The eenl*issien-Hgedlgs EIAlqilglshall determine if the proposed subdivision conforms to the
general purposes ofthe comprehensive plan; and ifthe public use and interest will apparently be
served by the proposal. (Ord. 2005-31,2005)
V HEARING EXAMINER'S ACTION
16.12.180 Findings and report.
Not later than ten days following conclusion of the open record hearing, the Hearing Examiner
shall provide a written report including a decision. The Hearing Examiner may decide that the
proposed plat be approved, conditionally approved or disapproved. Conditions ofapproval shall
be precisely recited in the Hearing Examiner's report and shall include recommended protective
improvements, if any. Qrd.202!:015,2021;Ord.2010-014, 2010; Ord. 2005-31, 2005)
16.12.190 Records.
Records ofthe hearings on preliminary plats shall be
kept by +heelerleefthe$ea+CCpS and shall be open to public inspection. (Ord. 2005-31, 2005)
VI BEARDAETION
ffi
Uper reeeipt ef the planning eenrmissien's reeemmendatien; thebenrd shell;eFits rext regulsrly
sl+a+t ee+*iger*e reeemmeneatien
@ior+
the heelth e{Heer; ineluding any ether relevant evidenee presented te it; either eeneur in er rqieet
the plenning eemmissien's reeemmendatiens' (erd, 2005 3l; 2005)
l6-t2J30+eeerds'
VII PRELIMINARY APPROVAL
16.12.240 Development authorization.
Approval ofthe preliminary plat shall constitute authorization for the subdivider to develop the
subdivision's facilities and proceed with design of improvements in strict accordance with
standards established by this title and any conditions imposed by the board. Design approval by
the county public works director shall be obtained prior to commencement of construction of
subdivision improvements. (Ord. 2005-3 l, 2005)
16.12.250 Expiration.
A final plat meeting all requirements of this chapter shall be submitted to the board for approval
within the timeframe specified by RCW 58.17.140 . Failure to do so will result in the preliminary
plat being expired and no longer valid. No further action is necessary regarding an application
once the preliminary plat has expired pursuant to this chapter. Any applicant who files a written
request with the administrator at least 30 days prior to the expiration date, showing that the
applicant has attempted in good faith to submit the final plat within the time period and that the
associated fees are paid, shall be granted a one-year extension, Such an extension can be
requested and granted five times. @ra-29!!-OZt,2018; Ord.2010-014.2010; Ord. 2010-02,
2010; Ord. 2005-31, 2005)
Chapter 16.16
HAZARDOUS LANDS
IM+R€A/EMEN+S
Sections
16.16.080 Protective improvements for topographically hazardous lands. (Ord. 2005-31, 2005)
1 6. 1 6.080 Protective improvements for topographically hazardous lands.
Land on which exists any topographical conditions hazardous to the safety or general welfare of
persons or property in or near a proposed subdivision shall not be subdivided unless the
construction of protective improvements will eliminate the hazards or unless land subject to the
hazard is reserved for uses as will not expose persons or property to the hazard. Protective
improvements shall be constructed prior to final plat approval. Protective improvements and
restrictions on use shall be clearly noted on the final plat. (Ord. 2005-3 l, 2005)
Chapter 16.18
IRRIGATION AND SPRINKLING
Sections
16.18.010 Purpose.
IIRRIGATION
16. I 8.020 Irrigation entity defined.
16.18.030 Parcel creation- Inigation water delivery system requirements.
16.18.035 Certificate of Irigation Entity.
1 6. 1 8.040 Irrigation representative - Selection.
16.18.050 Irrigation representative - Duties generally.
II SPRINKLER SYSTEMS
16.18.060 Purpose.
16.18.070 Definitions.
16.18.010 Purpose.
1 . The purpose of this article is to provide for an orderly system of providing inigation
water to properfy which is undergoing parcel creation in accordance with KCC Title 16
for such lands as are entitled to irrigation water from irrigation entities, and to require the
installation of an inigation water delivery system.
2. This ordinance neither grants nor changes water rights. (Ord. 2005-31, 2005)
I IRRIGATION
16. I 8.020 Irrigation company defined.
The following definition shall apply in this article:
"Irrigation entity" means any one of the following inigation companies, or the successor in
interest thereto: the Kittitas Reclamation District, the Taneum Ditch Company, the Cascade
Inigation District, the Ellensburg Water Company, the West Side Irrigation Company, the Thorp
Mill Ditch, the Bull Ditch, the Packwood Ditch, the Fogarfy Ditch, the Farrel Ditch, the ljossem
Ditch, the Younger Ditch, the Ellensburg Mill and Feed Ditch and all other organized irrigation
districts and/or companies or any privately held individual water right ofrecord. including
holders ofpre - 1917 ancient water rights. (Ord. 2005-31, 2005)
16.18.030 Parcel creation- Inigation water delivery system requirements.
Any parcel creation proposed for land served by or crossed by an irrigation entity shall provide a
water delivery system together with rights-of-way to each lot created by the parcel creation with
an irrigation right. The parcel creation shall also provide for easements or rights-of-way from the
water source to the water delivery system. A drawing shall be submitted showing elevations, the
location of lots and the location of the proposed water delivery system. Such systems shall not
impair the rights or uses of downgradient water owners or users. The downgradient inigation
water users shall be considered and consulted in preparing the design ofthe proposed water
delivery system. The Director shall refer such proposed parcel creation to the inigation entity or
entities which will fumish water to the parcel creation, and the Director shall take into
consideration any comments made by the inigation entity conceming the proposed water
delivery system.
The applicant/land owner shall certiff whether an apparent or recorded right-of-way or easement
is located on the property proposed for parcel creation. Ifthere is an apparent or recorded right-
of-way or easement located on the subject property, the applicant/land owner shall provide the
County with the name and address of the right-of-way or easement owner. (Ord. 2005-31, 2005)
16.18.035 Certificate of Inigation Entity.
A certificate ofthe irrigation entity representative stating that the proposed parcel creation meets
the inigation entity requirements for continued inigation of the lands within the entities
boundaries may be submitted as proof of compliance in substantially the following form:
(copy as follows)
I hereby certifu that the inigation plan for (name ofparcel creation) conforms to the
requirements of (inigation entity).
Dated this day of A.D., 20
(inigation entity) Representative
(Ord. 2005-3 l, 2005)
16. I 8.040 Irrigation representative - Selection.
The owners of any platted property hereafter platted who may be entitled to inigation water from
an irrigation entity shall, prior to receiving inigation water, select a person as an irrigation
representative. (Ord. 2005-3 l, 2005)
16. t 8.050 Irrigation representative - Duties generally.
The irrigation representative shall be the representative ofthe plat to the inigation entity in all
matters conceming the delivery of water from the inigation entity to the platted property
including, but not limited to, making arrangements for delivery of water, coordinating water use
between lot owners, and generally attending to all matters having to do with the water delivery.
(Ord. 2005-3 1, 2005)
N SPRINKLER SYSTEMS
16.18.060 Purpose.
The purpose ofthis article is to provide for water conservation and to improve surface and
ground water qualrty by diminishing the amount of surface water interfering with the operation
of on site sewage systems and wells on residential property. Platted lots where the size of the lots
in any plat is three acres or less shall be inigated by either a sprinkler inigation system or drip
inigation system that meets the requirements of the inigation entity that supplies the water. (Ord.
2005-3r,2005)
16.18.070 Definitions.
The following definitions shall apply in this article:
l. "Drip inigation system" means a system for the delivery of water to land by permitting
water to fall in drops by the use ofpipes which have very small perforations or specially
designed outlets to permit a very small amount of water to drip from the pipe.
2. "Sprinkler inigation system" means a closed system for delivery of water to the land
whereby inigation is ultimately achieved by the piping of all water through a sprinkling
device that has the effect ofdistributing the water to the land surface in small scattered
droplets in arain-like manner. (Ord. 2005-31, 2005)
Chapter 16.20
FINAL PLATS
Sections
16.20.0 I 0 Requirements.
16.20.020 Final plat general information.
16.20.030 Certificate of title - Computer sheets.
I 6.20.0 40 Plat drawing.
16.20.050 Dedications, easements, alleys.
16.20.060 Receipt of final plat.
16.20.070 Submission to board.
t 6.20.080 Approval or disapproval.
I 6.20.0 I 0 Requirements.
The final plat shall conform substantially to the preliminary plat as approved by the board of
county commissioners, and shall meet the requirements in Sections 16.20.020 through 16.20.050
of this chapter. (Ord. 2005-31, 2005)
16.20.020 Final plat general information.
l. The final plat shall be drawn on polyester film in a neat and legible manner.
2. The final plat shall be drawn to such a scale as to make a sheet eighteen inches by
twenty-four inches. Should this size sheet unduly congest the drawing, the plat may be
submitted on two or more sheets of the above dimensions. The perimeter of the
subdivision shall be depicted with heavier lines than appear elsewhere on the plat. A
margin on the other edses ofthe map shall be provided. The scale shall be one (l) inch
equals two hundred (200) feet, or greater, unless otherwise approved by the director.
3. Al1 lettering shall be printed with permanent ink.
4. Each sheet ofthe final plat shall contain the subdivisions name at the top ofthe sheet in
large letters followed undemeath with the section, township, range, county and state. The
space for recording the receiving number is in the upper right hand comer, sheet numbers
at the bottom ofthe sheets.
5. It shall show all courses and distances necessary to re-stake any portion of said plat.
6. Required monuments shall be shown together with a legend of monuments on the face of
each plat sheet. (Ord. 2005-31, 2005)
16.20.030 Certificate of title - Computer sheets.
The following items are to be submitted together with the final plat sheets
l. Certificate of Title. A certificate of title, no older than 90 days at time of submittal, of the
property proposed to be platted shall be submitted with the plat for examination by the
county engineer, said abstract to show fee simple title in the proponents ofthe plat
unencumbered.
2. Computer Sheets. Computer€gnglatgd_lel_glg5ulg sheets shall be submitted with the fina1
plat showing the closure of plat boundaries, blocks, lots or any other area-witl+nen+ere
@ together with the acreage of each lot. (Qrd.
2018-021,20 1 8; Ord. 2005-3 l, 2005)
I 6.20.040 Plat drawing.
The plat drawing shall contain all the following requirements:
1. Section Data. All section, township, municipal and county lines lying within or adjacent
to the subdivision;
2. Tie Monuments. The location of all monuments or other evidence used as ties to establish
the subdivision's boundaries;
3. Plat Monuments. The location of all permanent control monuments found or established
within the subdivision;
4. Boundaries. The boundary ofthe subdivision, with complete bearings and lineal
dimensions in heavier lines;
5. Bearing and Distances. The length and bearings of all straight lineq and curve data
showing the controlling elements. ;6. Lot Dimensions. The length of each lot line, together with bearings and other data
necessary for the location of any lot line in the field;
7. Road Names. The location, width, centerline, and name or names or number of all streets
within and adjoining the subdivision;
8. Easements. The location and width, shown with broken lines, and description of all
easements. Easements may be described in the plat restrictions in lieu of being shown on
the plat drawings;
9. Lot Numbers. Numbers assigned to all lots and blocks within the subdivision;
10. Adjacent Owners. Names of owners of land adjacent to the subdivision, and the names of
any adi acent subdivisions;
I 1. Surrounding Area. A1l surrounding property shall be shown in dotted lines and letters
with names ofplats, roads, adjoining lots, canals, and etc., and ifun-platted shall be so
indicated;
12. Vicinity Maps. A vicinity map showing the boundary of the plat in relation to the
sunounding area such as adjacent subdivisions, rivers, creeks, roads or highways, canals,
etc. Minimum area shown would be the section or sections containing the platted area
with a scale of approximately 4" = I mile;
13. Contours. Contour lines are not shown on a final plat as required on the preliminary plat;
14. Miscellaneous Items. North arow, scale and legend of monuments to be shown on open
area of sheets;
{+ Grid €eerdinates, A tie shall be n'ade and shen'rron the plat if plat is rvithin ene
@
f+.lL_Well location. The drawings shall be marked with a "w" indicating location of the
well and a broken line showing the one hundred foot radius around such.
l+.15-Ditches. Location of existing ditches apparent or of record. (Ord. 2005-31, 2005)
16.20.050 Dedications, easements, alleys.
No plat shall be approved unless adequate provision is made in the subdivision for such drainage
ways, roads, alleys, easements, and other general purposes as may be required to protect the
public health, safety, and welfare.
L Dedications - Shown on Plat. Al1 dedications of land shall be clearly and precisely
indicated on the face ofthe plat in the order listed in Sections 16.24.070 through
16.24.140.
2. Protective Improvements. Protective improvements and easements to maintain such
improvements shall be dedicated.
3. Open Space. All plats which include open space shall contain appropriate plats notes to
ensure the area will not be further subdivided in the future, the use of the open space for
the purpose specified will continue in perpetuity, and the open space will be appropriately
maintained to control noxious weeds and fire hazards. The identified open space tracts
shall be proportionately owned by tenants in the common, and retained by each home
owner, and will be assessed, taxed, and foreclosed upon each building lot not fulfilling
their obligation. Open space lots shall not be required to be transferred to the other lot
owners to be held in common ownership so long as the lots are used for the purposes of
agricultural activities as that term is defined by RCW 90.58.065(2)(a) or the lots are
designated as timber and forestlands according to RCW 84.33. Open space lots created as
a result ofan Agricultural Plat shall not be required to be transferred to the other lots
owners to be held in common orvnership.
4. This requirement shall not apply to lots retained by the original landowner or subsequent
landowner(s) for the purpose ofproviding improved recreational facilities serving the
benefited parcels. For the purposes ofthis condition, improved recreational facilities shall
be those which exceed $100,000 in value.
l-Non-buildable Lots. Any lots created specihcally for, or dominated by, easements,
roadways, storm water retention facilities, septic facilities or other purposes and as a
result are non-buildable shall be proportionately owned by tenants in the common, and
retained by each home owner, and will be assessed, taxed, and foreclosed upon each
building lot not fulfilling their obligation. (Qrd-2O15-02-3.,2016; Ord.2005-31, 2005)
16.20.060 Receipt of final plat.
The director shall be satisfied:
Formatted: lndent Left 0.5", No bullets or
l. That the final plat meets all standards established by state law and this title relating to
final plats;
2. That the proposed final plat bears the certificates and statements of approval required by
their title;
3. That a certificate of title report fumished by the subdivider confirms the title of the land
in the proposed subdivision is vested in the name ofthe owners whose signatures appear
on the plat's certificate;
4. That the facilities and improvements required to be provided by the subdivider have been
completed, or, altematively, that the subdivider will provide a bond in an amount and
with sureties equal to the cost of improvements remaining to be completed securing to the
county the construction and installation of the improvements within a fixed time set by
the board, or, that the subdivider will provide evidence of financial stability and
responsibility (financial statement) prepared by a certified public accountant together
with a developer-buyer agreement placing responsibility for said improvements on the
subdivider;
5. That protective covenants or other documents sufficiently inform the buyer as to
proposed potable water supply, sewage disposal requirements, building requirements and
irrigation water rights (if any part of the subdivision is within an irrigation district). (Ord.
2005-31,2005)
16.20.070 Submission to board.
The director shall acknowledge receipt of a proposed final plat which meets the requirements of
Section 16.20.060 and shall forward the original to the clerk ofthe board. (Ord. 2005-3 1, 2005)
I 6.20.080 Approval or disapproval.
l. The board, shall, at its next public meeting or any continued meeting, determine:
L Whether conditions imposed when the preliminary plat was approved have been
met;
2. Whether the bond, if there be one, by its essential terms assures completion of
improvements;
3. Whether the requirements of state law and this title have been satisfied by the
subdivider.
2. The board shall thereupon approve or disapprove the proposed final plat. If the board
approves the plat the clerk shall forward one copy thereofto the county public works
director and one print to the county assessor, and shall transmit two polyester originals to
the county auditor for filing and submit a minimum of one digital CAD file to the county
community development services department. (Ord. 2005-3 1, 2005)
Chapter 16.24
SURVEY DATA - DEDICATIONS
Sections
16.24.010 Survey data requirements.
16.24.020 Orientation of the subdivision.
16.24.030 Survey - Permanent control monuments establishment.
16.24.040 Survey - Permanent control monuments setting.
16.24.050 Lot comer marking.
16.24.060 Survey - Property contiguous to natural bodies ofwater.
16.24.07 0 Dedications required.
I 6.24.080 Property description.
16.24.090 Dedications - Required.
I 6.24.110 Private road dedication.
16.24.120 Sewage disposal, potable water supply, drainage improvements.
16.24.130 Dedications - Exemption, conveyance to colporation.
16.24.1 40 Corporate membership and responsibilities, conditions.
16.24.1 50 Certifi cations required.
16.24.160 Certificate from platter's land surveyor.
16.24.170 Certificate of county public works director.
16.24.180 Certificate of director.
16.24.200 Certificate from Kittitas County Treasurer.
16.24.210 Certificate of county health officer.
16.24.27 5 Assessor's certifi cate.
16.24.220 Certificate of State Department of Transportation (if adjacent to state highway).
16.24.230 Certificate of city council (if adjacent to city).
16.24.240 Cer.tifi cate of further restrictions.
16.24.250 Cefiificate of board of county commissioners.
16.24.260 Filing certificate for county recording.
16.24.010 Survey data requirements.
1. The survey ofevery proposed subdivision. boundarlz line adjustments. record ofsurvey
and the preparation ofpreliminary and final plats thereof shall be made by or under the
supervision ofa registered land surveyor who shall certi$r on the plat that it is a true and
corect representation ofthe lands actually surveyed. All surveys shall conform to
standard practices and principles for land surveying.
2. The surveyor shall fumish the county engineer with a full set of survey notes upon
request, which notes shall clearly show:
l. The ties to each permanent monumen!
2. At least three durable, distinctive reference points or monuments;
3. Suffi cient data to determine readily the bearing and length of each line;
+. The @ location by section. township and range with
respect to the Willamette Meridian.@
16.24.020 Orientation of the subdivision.
Primary survey control points shall be referenced to*hygtSA! section comers and monuments.
Comers of adjoining subdivisions or porlions thereof shall be identified and ties shown. (Ord.
2005-31,2005)
16.24.030 Survey - Permanent control monuments establishment.
l. Permanent control monuments shall be established at:
l. Al1 controlling comers on the boundaries of the subdivision;
2. The intersections of centerlines of roads within the subdivision;
3. The beginning and ends ofcurves on road centerlines;
4. The beginning and ends ofroad centerlines.
2. Permanent control monuments may be placed on offset lines_qUay_b9_S9l_A9Lrytlng6
pqiUlq. The position and type of every permanent monument shall be noted on a1l plats of
thesubdivision.Permanentcontrolmonumentsshallbe@
ineles lerrg; filled *'ith eenerete er shall be eenstrueted erarrappreved equivalent
durable. magnetic. marked rvith the license number of the land surve-vor, and sufficient in
number so that together r'vith existing mofunents. are suitable lor the perpetuation of
boundarv I ines.{O+d-t0e@
16.24.040 Survey - Permanent control monuments setting.
Permanent control monuments within the roads shall be set after the roads are graded. In the
event a final plat is approved before roads are graded, the surety deposited to secure grading
shall be sufficient to pay the costs estimated by the county public works director ofsetting such
monuments. (Ord. 2005-3 l, 2005)
Permanent Control monuments shall be set at all road intersections, horizontal points ofcurvature,
horizontal points of tanoency. centers of cul-de-sacs, and as needed for intervisibility and any other
aporopriate locations deemed necessary by the countlr. Points of Tangencv and curvature may be
substituted by monumenting the point of intersection if the intersection falls within the road.
16.24.050 Lot comer marking.
I1v€rt' l6t €omer s
eq*i Anv monument set by a land survevor to
mark or reference a point on a oroperty or land line shall be oermanent, magnetic, and marked or tagged
with the certificate number of the land surveyor setting it. Monuments set by a land surveyor shall be
sufficient in number and durability and shall be efficientlli placed so as not to be readily disturbed in order
to assure, together with monuments already existing, the oerpetuation or reestablishment of any point or
line of a survey.
16.24.060 Survey - Property contiguous to natural bodies of water.
l. Ifany land in a subdivision is contiguous to anatural body ofwater, ameander line shall
be established along the shore at a safe distance back from the ordinary high-water mark.
Property lying beyond the meander line shall be defined by distances along the side
property lines extended from the meander line.
2. lf the thread of a stream lies within a subdivision or forms the boundary of a subdivision,
such thread shall be defined by bearings and distances as it exists at the time ofthe
survey. (Ord. 2005-31, 2005)
16.24.07 0 Dedications required.
The dedication sheet shall contain a fulI legal description ofland_a5_Slatqdjnlhglidglgpgx.,
notarized dedication oflegal owners and interested parties ofproperty, signed approvals and
statements as required and all as described as follows in Sections lr6-2u[.Q80 through 16.24.140.
(Ord. 2005-31,2005)
I 6.24.080 Properfy description.
l. The completed plat must show description of property platted which shall be the same as
that recorded in previous transfer of said property, or that portion of said transfer covered
by the plat.
2. Should this description be cumbersome and not technically correct, a true and exact
description shall be shown upon the plat together with original description. The corrected
description shall read as follows: "The intent of above description is to embrace all the
following described property": (Description). (Ord. 2005-3l, 2005)
16.24.090 Dedications - Required.
I . There are five types of dedications and acknowledgments. The applicable dedication
(below) must be followed verbatim. The following list distinguishes the individual
dedications:
L Corporations platting proposed private roads;
2. Corporations platting proposed public roads;
3. Individuals platting proposed private roads;
4. Individuals platting proposed public roads;
5. Proposed private roads on private properfy; and
6. Proposed public roads on private properfy.
2. Dedications for dedications (2),(a) and (6) above:
(copy as follows)
KNOW ALL MEN BY TIIESE PRESENTS that do hereby declare this plat and dedicate
to the public forever all roads and ways hereon with the right to make all necessary slopes
for cuts and fills, and the right to continue to drain said roads and ways over and across
any lot or lots, where water might take a natural course, in the original reasonable grading
ofthe roads and ways shown hereon. Following original reasonable grading ofroads and
ways hereon no drainage water on any lot or lots shall be diverted or blocked from their
natural course so as to discharge upon any public road rights-of-way, or to hamper proper
road drainage. Any enclosing ofdrainage waters in culyerts or drains or rerouting thereof
across any lot as may be undertaken by or for the owner of any lot, shall be done by and
at the expense ofsuch owner.
(Ifa non-profit corporation is selected above add these paragaphs)
The costs ofconstruction, maintaining and snow removal ofall roads, streets, and alleys
within this plat and all access roads to this plat shall be the obligation of a nonprofit
corporation composed ofall the owners ofthe lots ofthe plat and ofany additional plats
that may be served by these roads, streets and alleys.
In the event that the owners ofany ofthe lots ofthis plat or any additional plats shall
petition the County Commissioners to include the roads in the county road system, it is
understood that the roads shall first be built up to minimum county standards by said non-
profit corporation.
IN WTNESS WHEREOF, We have hereunto set our hands and seal this day of
4.D.,20 .
(Print name of Corporation)
(S ignature of President)
President
(Signature of Secretary)
Secretary
(Use this if individual owner(s))
(Print signer's name under line)
(As many of the following acknowledgments are to be used as required to acknowledge
all signatures.)
ACKNOWLEDGEMENT
STATE OF WASHINGTON) SS
COT]NTY OF KITTITAS )
THIS IS TO CERTIFY That on this day of A.D., 20, before meo the undersigned, a
Notary Public, personally appeared to me known to 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 written.
Notary Public in and for the State of Wash., residing at
(Altemate when plattor is a corporation)
STATE OF WASHINGTON ) SS
corrNTY oF )
On this day of A.D., 20, before me, the undersigned, aNotary Public in and for the State
of Washington, duly commissioned and swom, personally appeared and, to me knorvn to
be the president and secretary, respective, ofthe Corporation, and acknowledged the said
instrument to be the free and voluntary act and deed ofsaid Corporation, for the uses and
pulposes therein mentioned, and on oath stated that they were authorized to execute the
said instrument and that the seal affixed is the corporate seal of said Corporation.
WITNESS My hand and official seal the day and year first written.
Notary Public in and for the State of Washinglon, residing at
In addition to owners ofplatted property signing the dedication, all interested parties
(mortgagee, easement grantee, etc.) shall sign and acknowledge before a notary public a
dedication ofall land shown on the plat to be dedicated for public uses and a waiver by
them and their successors of all claims for damages against any govemmental authority
arising from the construction and maintenance of public facilities and public property
within the subdivision.
(copy as follows)
DEDICATION:
KNOW ALL MEN BY TIIESE PRESENTS That (name of person or persons or
corporation having interests) the undersigned (mortgagee, easements grantee or others) of
the herein described real "propefy", does hereby declare, subdivide and plat as herein
described, and dedicate to the use ofthe public forever all roads, streets, avenues, alleys,
places, easements or whatever public properfy shown thereon which shall be maintained
by (county road system or private non-profit corporation) and do hereby waive all claims
for damages whatsoever against any govemment agency arising from the construction
and maintenance of public facilities and public property within the subdivision so platted.
IN WITNESS WHEREOF, We have hereunto set our hands and seal this day of
20.
(Applicable signatures as hereinbefore described)
ACKNOWLEDGEMENT: (copy as hereinbefore shown verbatim)
A.D,,
(Ord. 2005-31,2005)
16.24.110 Private street dedication.
(copy as follows)
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, owner(s) in fee simple of the
described real properly, does hereby declare this plat and description and in lieu ofdedication of
roads hereby grants forever unto all owners of lots in this plat and all future plats in (name of
plat) common ownership of all roads shown as private roads.
(If applicable add these paragraphs)
The costs of construction, maintenance and snow removal of all roads, streets, and alleys within
this plat and all access roads to this plat shall be the obligation ofa nonprofit corporation
composed ofall the owners ofthe lots ofthe plat and ofany additional plats that may be served
by these roads, streets and alleys.
In the event that the owners ofany ofthe lots ofthis plat or any additional plats shall petition the
County Commissioners to include the roads in the County Road System, it is understood that the
roads shall first be built up to minimum county standards by said non-profit corporation.
WITNESS my (our) hand(s) and seal(s) this day of A.D., 20 .
(Applicable signatures as hereinbefore described)
ACKNOWLEDGEMENT: (copy as hereinbefore shown verbatim)
(ord. 2005-3 1, 2005)
16.24.120 Sewage disposal, Potable water supply, Drainage improvements.
A statement is required describing the contemplated sewage system and potable water supply
Mitigation for water use is required per Kittitas County Code Chapter 13.
@rd-29!4O15 , 2014: ord. 2005-3 1, 2005)
16.24.130 Dedications - Exemption, conveyance to corporation.
Ifthe board concludes that the public interest will be served thereby, the board may, in lieu of
requiring the dedication of land in a subdivision for protective improvements, drainage ways,
roads, alleys, recreational, community or other general pulposes, allow the said land to be
conveyed to a homeowner's association or similar non-profit corporation. (Ord. 2005-31, 2005)
l6.24.140Corporate membership and resplnsibilities, conditions.
A subdivider who wishes tornake a conveyance as permitted by Section 16.24.130 , shall, at or
prior to the time of filing a final plat for approval, supply the boardyith copies of the grantee
organization's articles of incorporation and bylaws with evidence ofthe conveyance or a binding
commitment to convey. The articles of incorporation shall be appurtenant to ownership to land in
the subdivision; that the corporation is empowered to assess the said land for costs of
construction and maintenance of the improvements and property owned by the corporation; and
that such assessments shall be a lien upon the land. The board may impose such other conditions
as it deems appropriate to assue that property and improvements owned by the corporation will
be adequately constructed and maintained. (Ord. 2005-3 1, 2005)
16.24.1 50 Certifi cations required.
The certification in Sections 16.24.160lhrough 16.24.260 shall appear on the dedication sheet
unless not applicable. (Ord. 2005-31,2005)
16.24.160 Certificate from platter's land surveyor.
A certificate of the registered land surveyor who made, or under whose supervision was made,
the survey ofthe subdivision in substantially the following language:
(copy as follows)
t nereUl'ee*i$'tn* ip
represents a survelr made by me or under my direction in conformance with the requirements of the
(rrnrorr Aornrdinn A.t ac tha ranrroct nf in ?O
@.
Name of Person.
(signed and sealed)
Certificate Number
(seel)
fieenseg+eneSu+veyer
€c-ao05+1r4005)
16.24.170 Certificate of county-EneineerFrblis* .
No plat shall be approved by the board of county commissioners until the county pnblie*erlts
eireete+Engircqshall have affixed his or her signature thereto and forwarded same to the board
of county commissioners with a letter stating that requirements will be met or suitable deposit
made or bond filed to cover estimated cost of work, prior to the issuance of the first building
permit.
(copy as follows)
EXAMINED
AND APPROVED This day of
(seal)
Kittitas County Engineer
,4.D.,20
(Ord. 2005-31,2005)
16.24.180 Certificate of county planning director.
A statement of the director that the subdivision conforms to the comprehensive plan.
(copy as follows)
I hereby certify that the plat of has been examined by me and find that it conforms to the
comprehensive plan of the Kittitas County Planning Commission.
Dated this day of , A.D.,20 .
Kittitas County Community Development Services Director
(ord. 2005-31,2005)
16.24.200 Certificate from Kittitas County Treasurer.
Certified statement from the county Treasurer showing taxes are paid for preceding year; also
taxes for the year in which the plat is filed, the latter being in an amount equal to last year's
taxes, plus twenty-five percent.
(copy as follows)
I hereby certi$ that the taxes and assessments are paid for the preceding years and are cunent as
of the date of my signature below.
Dated this day of , A.D., 20
Kittitas County Treasurer
(Ord. 2005-3 l, 2005)
16.24.210 Certificate of county health officer
A note on any approved plat shall contain the following note: I hereby certi$ that the plat has
been examined and conforms with cunent Kittitas County Code Chapter 13.
Dated this day of , A.D., 20
Kittitas County Health Officer
Qrd-20!4-0f5, 2014; ord. 200s -3 r, 200s)
1 6,24.21 5 Assessor's certifi cate.
Certified statement from the county assessor that no conditions exist which would encumber or
obstruct the proposed subdivision.
(copy as follows)
I hereby certi$ that the plat ofhas been examined by me and I find the property to be in an
acceptable condition for platting.
Dated this day of , A.D.,20
Kittitas County Assessor
(Ord. 2005-31,2005)
16.24.220 Certificate of State Department of Transportation (if adjacent to state highway).
ln the event that the property described in such plat or any part thereofshall be adjacent to a state
highway, the district adminishator of the Department of Transportation shall approve such plat
before the approval ofthe board of county commissioners. The following form of certificate
shall be filled out on said plat and signed by the dishict administrator.
EXAMINED AND APPROVED This day of ,4.D.,20
Washington State Department of Transportation
Adminishator, District No. 5
(Ord, 2005-31,2005)
16.24.230 Certificate of city council (if adjacent to city).
In the event that the property described in such plat, or any part thereof, shall be adjacent to the
corporate limits of any city or town, the council of such city or town shall approve such plat
before its approval by the board of county commissioners. The following form of certificate shall
be filled out on said plat and signed by the mayor of such city or town.
EXAMINED AND APPROVED This day of
(cityltown) of , Washinglon, passed, 20
COLINCIL OF cityltown, Washington
, A.D,,20 , pursuant to Ordinance No. , of the
, and approved by the Mayor thereof ,20 .
By
Mayor
(Ord. 2005-3 l, 2005)
16.24.240 Certifi cate of further restrictions.
In the event that there are further restrictions or covenants which are to be made a part ofthe
plat, the following certificate shall be filled out on said plat and signed by the platters and the
county auditor.
(copy as follows)
KNOW ALL MEN BY THESE PRESENTS: That this plat of Kittitas County, Washington is
subject to additional restrictions entitled, which are filed with the Kittitas County Auditor and
which are hereby made a part of this plat. This is to cefiiry that the above mentioned restrictions
havebeenfiledthisdayof ,20,a| minutespast o'clock M,,inVolumeofDeeds,
Page , Records of Kittitas County, Washington.
Kittitas County Auditor
(Ord. 2005-3 1, 2005)
16.24.250 Certificate of board of county commissioners.
(copy as follows)
EXAMINED AND APPROVED This day of , A.D.,20
Board of County Commissioners
Kittitas County, Washington
By
Chairman
ATTEST:
Clerk of the Board
(ord. 2005-31,2005)
16.24.260 Filing certificate for county recording.
(copy as follows)
Filed for record at the request of the Kittitas County Board of Commissioners, this day of
A.D.,20 , at minutes past o'clock M., and recorded in Volume of Plats , on page ,
Records of Kittitas County, Washington.
Kittitas County Auditor
Receiving No.
By
Deputy County Auditor
NOTE: "Receiving No." to be shown in the upper right hand corner on each page of the plat (if
more than one page). (Ord. 2005-31, 2005)
Chapter 16.28
DEVELOPMENT OF ILLEGALLY DIVIDED LAND
Sections
I 6.28.0 I 0 Application approval.
16,28.020 Innocent purchaser for value.
1 6.28.0 I 0 Application approval.
No application for a building permit, septic tank permit or other development permit for any lot,
tract or parcel of land divided in violation of state law or this title shall be granted without prior
approval ofthe board. Such approval shall only be given following a public meeting at which the
applicant shall demonstrate to the satisfaction ofthe board that:
l. The county sanitarian has certified that the proposed means of sewage disposal and water
supply on and to the lot, tract, or parcel are adequate;
2. The county engineer has certified that the lot, tract or parcel is served with an adequately
designed means ofingress and egress, and with adequate drainage facilities, none of
which interfere with or impair existing or planned public highway and drainage facilities
in the vicinity;
3. The planning commission has certified that the proposed development conforms to the
comprehensive plan and all zoning regulations;
4. The proposed development will not adversely affect the safety, health or welfare of
adjacent property owners, or interfere with their enjoyment oftheir property. (Ord. 2005-
31,2005)
rc.28.420 Innocent purchaser for value.
An application for a building permit, on site sewage permit or other development permit for any
lot, tract or parcel ofland divided in violation ofstate law or this title shall not be granted
without prior approval ofthe board, which approval shall only be given following a public
meeting at which the applicant shall demonstrate to the satisfaction ofthe board that:
L The applicant purchased the lot, tract, or parcel for value;
2. The applicant did not know, and could not have known by the exercise of care which a
reasonable purchaser would have used in purchasing the land, that the lot, tract or parcel
had been part ofa larger lot, tract, or parcel divided in violation ofstate law or this title.
(Ord. 2005-31,2005)
Chapter 16.32
SHORT PLAT REQUIREMENTS
Sections
16.32.010 Drawings - General information requirements.
16.32.020 Short plat design standards.
16.32.030 Required improvements, road standards and inigation easements.
16.32.050 Short plat review.
16.32.070 Appeals.
16.32.080 Final approval - Filing.
16.32.090 Expiration.
| 6.32.1 00 Alterations.
16.32.010 Drawings - General information requirements.
L All short plats shall contain information set forth in Sections !!!!.!![through
16.20.050.
2. Shod plats shall be prepared according to standard formats which are to be available in
the Kittitas County community development services department. (Ord. 2005-31, 2005)
16.32.020 Short plat design standards.
Design standards for short plats are the same as those provided for in Chapter 16.12.040 through
16. 12. I 10. (Ord. 2005-31, 2005)
16.32.030 Required improvements, road standards and irrigation easements.
Road standards and inigation easement standards for short plats shall be the same as those
outlined in Chapter 16.18 and Title 12 of this code. Exceptions to minimum road standards shall
be made only by the board of county commissioners. Other improvements (drainage, etc.) may
be established during short plat review by the director who shall base such determination on the
written recommendation of those officials responsible for such matters. (Ord. 2005-31, 2005)
16.32.050 Short plat review
The planning official shall be vested with the responsibility ofprocessing short plat applications.
The county shall review and consider the proposed short subdivision with regard to:
1. Its conformance with all county subdivision, zoning, health and sanitation, roads and
bridges, and fire and life safety regulations and with laws adopted by the state of
Washington.
2. Its conformance to all standards and improvements required under this title.
3. Potential hazards created by flood potential, landslides, etc.
4. Provisions for all improvements and easements (roads, ditches, etc.) required by this title.
5. Access for all proposed lots or parcels by way of a dedicated road right-of-way or
easement.
6. All other relevant facts which may determine whether the public interest will be served
by approval ofthe proposed subdivision.
7. Lots or parcels created by the final platting ofa subdivision or short subdivision may not
be further divided within a five-year period without filing of a final plat; except as
provided for in RCW 58.17.060
8. Its compliance with Kittitas Countv Code Chapter 13.35, Adequate Water Supply
Determination or work voluntarily with Kittitas County to develop an authorized
conservation easement, see section I 6.08.06 l.
&.9.Consistenc-v with
@rd.20l!0-10, 2015; Ord. 2014-015 ,2014; Ord. 2014-005, 2014; Ord. 201 l-013, 201 1; Ord.
2005-31,2005)
16.32.070 Appeals.
Any person(s) aggrieved by any decision ofthe director may request a review ofthat decision by
the hearing examiner. Such request must be made pursuant to Title l5A of this code, Project
permit application process. @10.2019_0-13 2019; Ord. 2005-31, 2005)
16.32.080 Final approval - Filing.
l. If improvements are required, final approval and filing may be withheld until:
l. Roads within the subdivision are constructed to meet minimum platting
requirements.
2. All required inigation delivery systems are completed.
3. There is compliance with the recommendations of the Kittitas County health
department regarding improvements or additional information.
4. It has been determined as evidenced by letters from affected agency and
department heads that satisfactory conditions exist for the subdivision ofthe
subject property. Where any department or agency has failed to respond to a
proposed short plat within two (2) weeks, it shall be assumed no recommendation
is intended.
5. A certificate signed by all persons having any interest in the property is filed with
the short plat indicating the subdivision is their free act and deed.
2. lf all improvements and plat requirements are fulfilled, the director shall affix his (her)
name to the face ofthe original plat document and present it to the county auditor for
official filing. (Ord. 2005-31, 2005)
16.32.090 Expiration.
A final short plat meeting all requirements of this chapter shail be submitted and approved within
the timeframe specified by RCW 58.17.140 . Failure to do so will result in the short plat being
expired and no longer valid. No further action is necessary regarding an application once the
short plat has expired pursuant to this chapter. Any applicant who files a written request with the
administrator at least 30 days prior to the expiration date, showing that the applicant has
attempted in good faith to submit the final short plat within the time period and that the
associated fees are paid, shall be granted a one-year extension. Such an extension can be
requested and granted five times. @rd-2!l!:QQ! 2018; Ord. 2010-014, 2010)
16.32.100 Alterations.
Once a short plat has been recorded with the county auditor it can be altered in a manner not
involving a re-subdivision into no more than four lots from the original short plat. When a
proposed alteration or vacation involves a public dedication, the alteration or vacation shall he
processed in accordance with RCW Chapter 58. I 7 . If the proposed alteration or vacation does
not involve a public dedication, the short plat alteration shall be processed in accordance with the
following provisions:
L The short plat alteration shall be processed administratively. A new survey shall not he
required except for new lines created by the amended short plat.
2. Revisions that result in any substantial changes shall be treated as a new application for
purposes ofvesting.
3. The short plat alteration shall show all ofthe land shown on the original short plat and
shall bear the acknowledged signatures of all parties having ownership interest in the
affected lots, tracts, parcels, sites or divisions within the original short plat as shown by a
current title certifi cate.
4. The short plat alteration shall not increase the number oflots, tracts, parcels, sites or
divisions into more than four from the original short plat for a period offive years from
the date ofrecording ofthe original short plat, unless a final plat has been approved and
filed for record pursuant to the regular plat provisions ofthis title.
2O+r)
Chapter 16.36
LARGE LOT SUBDIVISION
Sections
16.36.010 Large lot subdivision review.
16.36.015 Criteria for eligibility as a large lot subdivision.
| 6.3 6.0 40 Survey requirements.
16.36.050 Plat review and approval process.
16.36.010 Large lot subdivision review.
The Director shall be vested with the responsibility of processing Large Lot Subdivision
applications. The director shall review and consider the proposed subdivision as follows:
1. All large lot subdivisions shall contain information set forth in Sections 16.12.010
through 16.12.030 except that the required scale may be negotiated. (Ord. 2005-31, 2005)
t6.36.015 Criteria for eligibility as a large lot subdivision.
l. All large lot subdivisions shall conform to the county comprehensive plan and all zoning
regulations in effect at the time the large lot subdivision is submitted.
2. Consistent with parcel creation by long and short subdivision provisions ofthis code,
preliminary approval of large lot subdivisions shall mean that road and access
requirements are identified and conformance with section 16.04 of this code has been
met.
3. Proofthat all lots or tracts created by large lot subdivision are approved for inigation
delivery by the appropriate irrigation entity or entities shall be provided.
4. Requirements for easements as set forth in Section 16. 12. I I 0 shall be met.
5. The appropriate dedication as provided for in 16.24.090 and 16.24.110, A dedication
shall appear on the face ofthe large lot subdivision survey with the following statement:
KNOWN ALL MEN BY THESE PRESENT: that the undersigned, ouner(s) in fee
simple ofthe described real property, does hereby graril forever unto all owners of lots in
this survey and all fufure plats in this survey a common ownership interest in all private
roads shown.
6. A note shall appear on the subdivision survey with the following statement:
"NOTE: The lots in this survey are created through the large lot subdivision review
process. As such there has been review for conformance with suitability for on-site
sewage disposal and availability of potable water."
7. All large lot subdivisions shall contain information set forth in Sections 16.12.010
through 16.12.030.
8. Al1 large lot subdivisions shall meet requirements of Kittitas Countv Code Chapter 13.35.
Adequate Water Supply Determination or work voluntarily with Kittitas County to
develop an authorized conservation easement, see section 16.08.061.
@d-2U!010, 2015; Ord. 2014-015,2014: Ord.2014-005,2014; Ord.2005-31, 2005)
16.3 6.040 Survey requirements.
All survey maps shall be prepared in accordance with KCC 16.24 and relevant State laws.
(Reserved). (Ord. 2005-3 l, 2005)
16.36.050 Plat review and approval process.
(Reserved). (Ord. 2005-31, 2005)
Chapter 16.40
PENALTIES
Sections
16.40.010 Penalty a misdemeanor.
16.40.010 Penalty a misdemeanor.
Any person, firm, corporation, or association or tury agent of any person, firm, corporation, or
association who violates any provision of this title, shall be guilty of a gross misdemeanor and
each sale, offer for sale, lease or transfer ofeach separate lot, tract, or parcel ofland in violation
ofany provision ofthis act or any local regulation adopted pursuant thereto, shall be deemed a
separate and distinct offense. (Ord. 2005-31,2005)
17.16.070 Yard requirements - Side.
There shall be a side yard of nofless than five (5) feet in width on each side of a building. (Side of
building means outer face, any part of building nearest to the side line, not including roof eaves.)
Sideyard setbacks may be modified in accordancewith KCC 16.10.065. Pd-20'l-9-013,2019;Ord.
2013-001. 2013; Res. 83-10, 1983)
17.15.080 Yard requirements - Rear.
a. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building
b. The rear yard setback depth shall be fifteen (15) feet to the main building for parcels within
the Snoqualmie Pass LAMIRD.
b-.c. near Vard setba (Ord. 20'!-9-01-3,
2019; Ord. 2013-001, 2013; Res. B3-10, 1983)
17.18.O7O Yard requirements - Side.
There shall be a side yard of not less than ten (10) feet on one side, and five (5) feet on the opposite
side of a building. (Side of building means outer face, any part of building nearest to the side line,
not including roof eaves.) Side yard setbacks may be modified in accordance with KCC 16.10.065.
Ad-2919:01 3, 2019; Ord. 201 3-001, 2013; Ord. B9-1 0 (part), 1 989)
17.18.080 Yard requirements - Rear.
a. There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building
However one accessory structure may be constructed within five (5) feet of the rear lot line.
!"_The rear yard setback depth shall be fifteen (15) feet to the main building for parcels within
the Snoqualmie Pass LAMIRD.
b-.c. near VarO setba (Ord. 20'!-9-01-3,
2019; Ord. 2013-001 , 2013; Ord. 8910 (part), 1989)
1 7.1 9.050 Yard requirements.
There shall be a minimum front yard setback of twenty-five (25) feet. Side and rear yard setbacks
shall be fifteen (15) feet. Side and rear yard setbacks may be modified in accordance with KCC
16.10.065. (Ord. 2013-001, 2013; Ord. 92-4 (pad), 1992)
17 .22.060 Yard requirements.
No structure shall be built or located closer than twenty-five (25) feet to the front and rear property
line or within fifteen (15) feet of any side property line. Side and rear yard setbacks may be modified
in accordance with KCC 16.10.065. (Ord.2013-001, 2013; Res.83-10, 1983)
17.28.050 Yard requirements - Side.
Side yard shall be a minimum of five (5) feet. Side yard setbacks may be modified in accordance with
KCC 16.10.065. (Ord-2O19:013,2019; Ord. 2013-001, 2013; Res. B3-10, 1983)
17.28.060 Yard requirements - Rear.
There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. Rear
yard setbacks may be modified in accordance with KCC 16.10.065. (Old-2013:00'i,2013; Res. B3-10,
1 983)
17.28A.050 Yard requirements - Side.
Side yard shall be a minimum of five (5) feet. Side yard setbacks may be modified in accordance with
KCC 1 6.1 0.065. (Ord. 2019-01 3, 2019; Ord. 201 3-001, 201 3; Ord. 2005-05, 2005)
17.28A.060 Yard requirements - Rear.
There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. Rear
yard setbacks may be modified in accordance with KCC i 6.i 0.065. A1!-ZO1S-00'l , 2013; Ord. 2005-
05, 2005)
17.29.060 Yard requirements - Side yard.
Side yard shall be a minimum of five (5) feet. Side yard setbacks may be modified in accordance with
KCC 1 6.10.065. Ard-20'!_9-01: , 2019; Ord. 2013-001, 2013; Res. B3-10, 1983)
17.29.070 Yard requirements - Rear yard.
There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. Rear
yard setbacks may be modified in accordance with KCC 16.10.065. ed-20'13:00'1, 2013; Res. B3-10,
1 983)
1 7.30.050 Yard requirements.
There shall be a minimum front yard setback of twenty-five (25) feet. Side and rear yard setbacks
shall be fifteen (15) feet. Side and rear yard setbacks may be modified in accordance with KCC
1 6.1 0.065. (Ord. 2013-001, 2013)
17.31.060 Yard requirements - Side yard.
Side yard shall be a minimum of five (5) feet. Side yard setb?cks may be modified in accordance with
KCC 16.1 0.065. (ord.2019-013, 2019; Ord. 2013-001. 2013; Ord. 96-1 5 (part) , 1996)
17.?1.07O Yard requirements - Rear yard.
There shall be a rear yard with a minimum depth of twenty-five (25) feet to the main building. Rear
yard setbacks may be modified in accordance with KCC 16.10.065. Afd.ZO'!3:00'l-, 2013; Ord. 96-15
(part), 1996)
17 .44.050 Setback requirements.
1, Front Setback. There shall be a minimum front yard depth of fifteen (15) feet. Off-street
parking and maneuvering area shall not be considered as front yard;
2. Side Setback. Ten (10)feet;
3. Rear Setback. Ten (10) feet.
Ord.2013-
001, 2013; Ord. 2007 -22, 2007; Ord. B3-Z-2 (part), 1983)
1 7.59.050 Yard requirements.
Yard requirements are as follows:
1. Front yard: twenty (20) feet
2. Side yard:five (5) feet;
3. Rear yard: twenty-five (25) feet;
t4. Side and rear yard setbacks may be modified in accordance with KCC 16.10.065.
45. Setback from USFS boundary: fifty (50) feet. (Ord. 2013-001 , 2013)
1 7.55.060 Yard requirements.
1. Front Yard. There shall be a minimum front yard of twenty-five (25) feet.
2. Side Yard. Side yard shall be ten (10) feet.
3. Rear Yard. There shall be.a rear yard with a minimum depth of ten (10) feet to the main
building.
Qrd-Zoz!:
O15, 2021; Ord. 2013-001 ,2013;Ord. 96-19 (part) , 1996; Ord. 92-6 (part), 1992: Res. 83-10,
1 983)
Exhibit B: Docket Item 22-02
Title 12 Amendments
2022 Non- Docket Enabling Ordinance
Page 10
June7,2022
12.01.130 Variances (Departures from the Standards) and Appeals.
VariancesfromtheseStandardsmaybegrantedbytheRoadVarianc9@
the Public Works Director. Fire Marshal" or desisnees. and one citizen appointed bv the BOCC.
If the proposed road variance is located within a fire district. notice of the proposed variance
shall be provided to the applicable fire district at the same time as the Road Variance is
En F District shall have a minirnum of 14
to the variance
\/arianees frem these Standards rna)' be granted by the Read Varianee e emmittee; eenrprised ef
ien€e
€emmittee meeting se'heduled fer eensideratien ef the verianee request, The fire distriet may
r€q!€st
The granting of a variance shall be in the public interest. When the need for a variance can be
identified in advance, the variance should be proposed at preliminary plat stage and be included
for consideration during plan review and public hearing. Variances from the standards in this
title will be considered on a case-by-case basis. Variances will be granted only upon evidence
that the variance demonstrates the following:
1. Unusual circumstances or conditions apply to the property and/or the intended use that do
not apply generally to other property in the same vicinity or district; and
2. Such variance is necessary for the preservation and enjoyment of a substantial property
right of the developer possessed by the owners of other properties in the same vicinity or
district; and
3. The authorization of such variance will not be materially detrimental to the public
welfare or injurious to property in the vicinity or district in which the property is located;
and
4, Special conditions and circumstances do not result from the actions of the developer; and
5. The granting of such variance will not adversely affect the realization of the Kittitas
County Comprehensive Plan, Long-Range Transportation Plan or this title.
The variance request(s) shall consist of:
1.
2.
aJ.
4.
5.
Variance fee.
Variance application.
Identification of the standard provision to be waived or varied.
Identification of the alternative design or construction standards to be adhered to
A thorough justification of the variance request.
Requests may be prepared by the developer, professional civil engineer licensed to practice in
Washington, or professional land surveyor licensed to practice in Washington. To appeal the
denial or imposition of conditions of a variance decision, an appeal shall be filed per KCC
154.07 or KCC 154.08, based on the underlying land use decision in accordance with Ch.
36.708 RCW. (.orcl.2o!8-tQQf ,2018; Ord. 2015-010,2015)
1--Disqt+alifreation
l, ,\ Read Varianee €emmittee member shall disqualify himself er herself frem a
L Has a persenal bias er prqiudiee eeneerning the party;
is-or.ffis-se
engag€d;-€r
iet€
issue'
W
l, '\ll Read Varianee eemmittee quasi judieial preeeedings are suhieet te the
iffie
n'ith Read Varianee eemmittee duties, If a substantive ex parte eemmunieatien is
Exhibit C: Docket Item22-03
Title l5A Amendments
2022 Non- Docket Enabling Ordinance
Page 12
June7,2022
15A.01.040 Roles and responsibilities.
The regulation ofland development is a cooperative activity including many different elected
and appointed bodies and county staff. The specific responsibilities ofthese bodies is set forth
below and outlined in Table A at the end ofthis title.
l. Applicant. An applicant is expected to read and understand the county comprehensive
plan and code and be prepared to fulfiII the obligations placed on the applicant. Pre-
application conferences are available to anyone who wishes to discuss such obligations
prior to submittal.
2. Community Development Services Director.
a, The Community Development Services Director (CDS Director) is responsible
for the administration of portions of KCC Title I 5, Environmental Policy, Title
l5A, Project Permit Application Process, Title 16, Subdivisions, Title 17, Zoning,
Title l7A, Critical Areas, and the shoreline master program.
b. Upon request or as determined necessary, the CDS Director shall interpret the
meaning or application ofthe provisions of said titles and issue a written
administrative interpretation. Requests for interpretation shall be written and shall
concisely identif the issue and desired interpretation.
c. Administrative land use decisions on certain zoning conditional uses, and
variances from the standards and dimensional regulations ofthe zoning code,
KCC Title I 7, such as setback and yard restrictions.
d. The CDS Director or his/her designee shall have the authority to review and
approve, deny, or approve with conditions, applications for the following:
i. Letters of exemption from a shoreline substantial development permit;
ii. Shorelinesubstantialdevelopmentpermits;
iii. Revisions to shoreline substantial development permits; and
iv. Requests for timing extensions for i through iii above.
3. Board of County Commissioners. In addition to its legislative responsibilities under
KCC Title l58, the board shall review and act on the following subjects pursuant to this
title:
a. Recommendations of the Planning Commission. Decision-making process by the
board shall consist of a public meeting or meetings wherein the board reviews the
written record transmitted from the Planning Commission for Legislative matters
and issues a written decision in resolution or ordinance form. During such
meeting(s), appropriate county staffwill present the record to the board, providing
information as necessary to ensure county code compliance. No new comment or
information will be allowed by the board during the decision-making process.
b. Appeals ofsite-specificrezones.
c. Development Agreements.
4, Hearing Examiner - Decision. The Hearing Examiner shall review and make a final
decision for the purposes of appeal under KCC section 154.07 on the following
applications and subjects pursuant to this title:
a. Initial local County decision on Shoreline Conditional Use Permits subject to the
Shoreline Master Program;
b. Initial local County decision on Shoreline Variances pursuant to the Shoreline
Master Program;
c. Shoreline substantial development permits that are included in consolidated
permit applications that are subject to Hearing Examiner review and action;
d. Conditional use permits pursuant to the zoning code, KCC Title 17;
e. Application for preliminary plats;
f. Site-Specific Rezone applications;
g. Appeals of administrative SEPA actions regarding an action without an
underlying permit;
h. Open record appeal of administrative SEPA actions;
i. Appeal of administrative determinations such as short plats, variances, and code
interpretations; and
i-Other actions requested or remanded by the Board of County Commissioners.
i.t. nppeat ot aOmin
5. Washington State Department of Ecology. The Washington State Department of
Ecology shall be responsible for the final approval, denial, or approval with conditions
for the following:
a. Shoreline conditional use permits and revisions to same; and
b. Shoreline variances and revisions to same.
@rd.208a2l, 2018; Ord. 2016-006, 2016; ord. 2014-008,2014;)
I 5A.0 1.050 Severability.
Ifany chapter, section, subsection, sentence, clause, phrase, part or portion ofthis title is for any
reason held to be invalid or unconstitutional by any court ofcompetentjurisdiction, such
decision shall not affect the validity ofthe remaining portions ofthis title or the application of
the provisions to other persons or circumstances. (Ord. 2000-07; Ord. 98'10, 1998)
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