Title 17
SUBDIVISIONS

Chapters:

17.04 General Provisions

17.08 Definitions

17.12 Preliminary Procedures

17.16 Hearing Examiner Review

17.20 Board Action

17.24 Preliminary Plat

17.28 Final Plat

17.32 Dedications

17.40 Tests

17.44 Survey

17.48 Development of Illegally Divided Land

17.52 Variances

17.56 Review

17.60 Violation– Penalty

17.61 Plat Alteration– Plat Vacation

17.64 Short Plats and Short Subdivisions

17.68 Conveyances

Chapter 17.04
GENERAL PROVISIONS

Sections:

17.04.010 Applicability.

17.04.020 Administration.

17.04.030 Notice procedures to adopt, amend or repeal county's subdivision ordinance.

17.04.010 Applicability.

A. General. Every subdivision of land within the unincorporated area of Skamania County shall proceed in compliance with the ordinance codified in Chapters 17.04 through 17.60, and the state platting law Chapter 58.17 RCW Plats-Subdivisions-Dedications, as it now exists or is hereafter amended.

B. Exemptions. The provisions of Chapters 17.04 through 17.61 shall not apply to:

1. Cemeteries and other burial plots while used for that purpose;

2. Divisions of land into lots or tracts each of which is one-thirty-second of a section of land, or twenty acres or larger if the land is not capable of description as a fraction. For purposes of computing the size of any lot under this item where a county road constitutes a lot border or portion thereof, the lot size shall be expanded to include that area which would be bounded by the centerline of the road and the side lot line of the road and the side lot lines of the lot running perpendicular to such centerline. Roads (state, county and private) do not segregate property but merely provide access;

3. Court-ordered divisions pursuant to testamentary decisions or laws of descent;

4. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land, when said leases comply with the provisions of the Skamania County mobile home park ordinance;

5. A division made for the purpose of alteration, by adjusting boundary lines, between platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

6. Previously created or established lots or parcels.

(Ord. 2000-11; Ord. 1985-03 § 3.0)

17.04.020 Administration.

General. The county planning director, hereinafter referred to as the administrator, is vested with the duty of administering subdivisions and platting regulations within the unincorporated areas of the county, subject to the review of the hearing examiner. The planning director may appoint an assistant planner within the planning department to be the administrator.

(Ord. 2007-02 (part): Ord. 1992-03 (part); Ord. 1985-03 § 4.0)

17.04.030 Notice procedures to adopt, amend or repeal county's subdivision ordinance.

A. The adoption of a subdivision ordinance, or amendments to an existing ordinance, or repeal of a subdivision shall be published in its entirety in the county newspaper of record at least ten days prior to the board taking any such action.

B. Copies of the proposed action shall be mailed to the local community councils at least thirty days prior to any hearing to adopt, amend, or repeal any ordinance established under Chapter 58.17 RCW. Copies of the proposed action to adopt, amend, or repeal any such subdivision ordinance shall be made available to the general public at least ten days prior to the board taking any such action for the cost of reproduction and mailing.

(Ord. 1985-03 § 22.0)

Chapter 17.08
DEFINITIONS

Sections:

17.08.010 Definitions.

17.08.010 Definitions.

Whenever the following words and phrases appear in Chapters 17.04 through 17.61 they shall be given the meaning attributed to them by this section. The word "shall" is always mandatory, and the word "may" indicates a use of discretion in making a decision.

"Access panhandle" means a strip of land having a width narrower than that of the lot to be served thereby and designed for the purpose of providing access to a lot.

"Block" means a group of lots, tracts, or parcels within well defined and fixed boundaries.

"Community council" means a local organization formed to represent people residing in an unincorporated community or community area.

"County auditor" is as defined in Chapter 36.22 RCW.

"County commissioners" is as defined in Chapter 36.32 RCW. Shall also include the term board and/or board of Skamania County commissioners.

"County engineer" is as defined in Chapter 36.40 RCW.

"County treasurer" is as defined in Chapter 36.29 RCW.

"Dedication" means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the board of Skamania County commissioners.

"District health officer" means a representative of the local health department authority.

"Easement" means a grant by a property owner to specific person(s), corporation or other entity, or to the public to use land for a specific purpose or purposes.

"Final plat" means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title, and as it now exists or is hereafter amended.

"Hearing examiner" means an appointed official vested with the duties established by Skamania County Ordinance Number 2006-16.

"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum requirements for width, depth and area. The term shall include tracts or parcels.

"Lot depth" means the distance measured from the mid-point of the lot line fronting a road or street, to the mid-point of the lot line opposite, or where the lot line does not front on a roadway, depth shall refer to the greatest principal dimension.

Lot, Reverse Frontage. "Reverse frontage lot" means a lot having road frontage along two opposite boundaries.

"Lot width" means the distance measured between the mid-points of the two principle side lot and at approximate right angles to the lot depth.

"Owner(s)," for purposes of this title, means and includes any person, firm, corporation, or other legal entity who has an "ownership interest" as defined herein.

"Ownership interest," for purposes of this title, means and includes any person, firm, corporation, or other legal entity who is a contract real estate purchaser and/or holds fee simple title of the property being subdivided.

"Planned residential development" means a development which is preplanned in its entirety with the subdivision and zoning controls applied to the project as a whole rather than to individual lots. Densities are calculated for the entire development, usually permitting a trade-off between clustering of housing and open space held in common by lot owners.

"Plat" means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.

"Preliminary plat" means a neat and approximate drawing of a proposed subdivision showing the general layout of roads, lots, blocks, and other elements of a subdivision consistent with the requirements of Chapters 17.04 through 17.61. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

"Public water system" means a water system which meets the standards of the Southwest Washington Health District and any county or state regulations. Said systems may be owned by a private individual, partnership, homeowners or landowners association, corporation (including an incorporated county water district), county public works department, public utility district or a municipality.

"Road" means an improved and maintained right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, and drainage.

Road, Private. "Private road" means an easement granted for subdivision lot access. For the purpose of Chapters 17.04 through 17.61, county and private road standards shall only apply to roadways serving two or more subdivision lots.

Road, Public. "Public road" means a strip of land dedicated to public use providing vehicular and pedestrian access.

"Standard sheet" means twenty-two inches by thirty-two inches with a one-half inch border on three edges and a two-inch border along the left hand edge for binding purposes. For final plat the material shall be a reproducible (mylar) polyester film approved by the county auditor.

"Subdivider" means a person(s), including a corporate person, who undertakes to create a subdivision.

"Subdivision" means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership except as exempted under Section 17.04.010.

(Ord. 2007-02 (part): Ord. 2004-01 (part): Ord. 2001-11 (part); Ord. 1992-08 (part); Ord. 1985-03 § 5.0)

Chapter 17.12
PRELIMINARY PROCEDURES

Sections:

17.12.010 Application and preliminary plat submission.

17.12.020 Time limitation for approval or disapproval of preliminary plats.

17.12.030 Preliminary conference.

17.12.040 Minimum lot sizes.

17.12.050 Fee.

17.12.060 Preliminary plat distribution.

17.12.070 Hearing examiner hearing date.

17.12.080 Notice of hearing.

17.12.010 Application and preliminary plat submission.

A. Any person intending to subdivide land in an unincorporated area of Skamania County shall obtain a subdivision notification form and an environmental checklist form from the county planning department. These completed forms, and the preliminary plat and any restrictive covenants proposed upon land within the subdivision shall then be submitted to the planning department, and a date of receipt shall be affixed onto these documents.

B. When the administrator determines that the items required by Section 17.24.050, General standards, have been met, the administrator shall circulate the preliminary plat, any restrictive covenants, and the environmental checklist to the applicable agencies listed in Section 17.12.060. If the requirements in Section 17.24.050 have not been satisfactorily met, the administrator shall inform the subdivider of the inadequacies in writing and request the deficiencies be corrected prior to submitting the preliminary plat, restrictive covenants, and environmental checklist to the agencies in Section 17.12.060.

C. Any person aggrieved by a final decision of the administrator not to accept a plat for review may appeal this decision to the hearing examiner. When such an appeal is made, the administrator shall cooperate in bringing this matter to the attention of the hearing examiner. The hearing examiner may affirm or reverse the decision and instruct the administrator to accept the plat for review.

(Ord. 2007-02 (part): Ord. 1992-03 (part); Ord. 1985-03 § 6.10)

17.12.020 Time limitation for approval or disapproval of preliminary plats.

Preliminary plats shall be approved, disapproved or returned to the applicant for modification or correction within ninety days from the date of filing unless the applicant consents to an extension of this time period; provided, that if an environmental impact statement is required as provided in RCW Section 43.21C.030, the ninety-day period shall not include the time spent preparing and circulating the environmental impact statement.

(Ord. 1985-03 § 6.20)

17.12.030 Preliminary conference.

When the administrator deems it necessary or at the request of the subdivider, a conference may be called between the subdivider or his agent and the agencies involved with plat review prior to submission of a preliminary plat and the environmental checklist.

(Ord. 1985-03 § 6.30)

17.12.040 Minimum lot sizes.

A. Prior to the submission of a preliminary plat, it shall be the responsibility of the subdivider to inquire to the district health officer in order to ascertain whether lot sizes larger than required under Section 17.36.030, standard minimum lot sizes, dimensions and proportions, are recommended for the intended lot use.

B. For lots intended for residential use or other building structures, the district health officer shall require a site evaluation test to determine whether the lots are suitable for subsurface sewage disposal. If larger lots are recommended, the district health officer shall forward a statement in writing to the subdivider and a copy to the administrator to this effect and specify the lot sizes, reasons and conditions for the recommendation.

C. For lots not intended for residential use or other building structures, site evaluation testing for subsurface sewage disposal will not be required. A notation shall be placed on the final plat map indicating lots are not intended for residential use or other building structures, and further stating that lots have not been tested for subsurface sewage disposal.

(Ord. 1985-03 § 6.40)

17.12.050 Fee.

A subdivision review fee shall be established by the board of county commissioners from time to time. The fee shall be submitted to the Department along with the preliminary plat for preliminary plat review. Checks are to be made payable to the Skamania County Treasurer. Fees are not refundable. The subdivider also shall be responsible for the cost of all notices associated with the subdivision applications that are published in the official county newspaper.

(Ord. 1995-08 (part); Ord. 1992-03 (part); Ord. 1985-03 § 6.50)

17.12.060 Preliminary plat distribution.

A. The administrator shall distribute the preliminary plat and the environmental checklist or environmental impact statement and any restrictive covenants to the following agencies:

1. County engineer;

2. Southwest Washington health district;

3. Public utility district;

4. Fire district and/or department of natural resources in which proposed subdivision is located;

5. Community council in which proposed subdivision is located;

6. Washington Columbia Gorge Commission if the proposed subdivision is located within the boundary of the Columbia River Gorge;

7. To any city council adjacent to or within one mile of the proposed subdivision which contemplates the use of any city utilities;

8. To the Washington State Department of Transportation or its successor, if the proposed subdivision is located adjacent to the right-of-way of a state highway;

9. To the Washington State Department of Ecology, or its successor, if the proposed subdivision lies within a flood control zone designated pursuant to Chapter 86.16 RCW;

10. Other utilities (e.g., telephone, cable television);

11. Other relevant agencies as deemed by the administrator.

B. The administrator shall set a date for return of recommendations from each agency to be within thirty days from the date of transmittal to each agency.

(Ord. 1992-08 (part); Ord. 1985-03 § 6.60)

17.12.070 Hearing examiner hearing date.

A. The administrator, after receiving the recommendations from the agencies who were sent a copy of the preliminary plat and accessory documents under Section 17.12.060, shall set a date for public hearing of the preliminary plat in concurrence with the hearing examiner at a regular meeting of the hearing examiner.

B. The administrator shall forward copies of the agency's comments and recommendations to the subdivider at least ten days prior to the preliminary plat public hearing.

(Ord. 2007-02 (part): Ord. 1985-03 § 6.70)

17.12.080 Notice of hearing.

The administrator shall give notices of the public hearing as follows:

A. To those agencies listed in Section 17.12.060, who received a copy of the preliminary plat and accessory documents;

B. By arranging for publication of the notice of hearing not less than ten days prior to the hearing in the official county newspaper;

C. By posting at least one copy of the notice of hearing at a conspicuous place on the boundary of the proposed subdivision at least ten days prior to the public hearing;

D. By mailing a copy of the notice of hearing to the adjacent landowners at least ten days prior to the public hearing. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to the subdivided, notice shall be given to owners of the real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided;

E. All Hearings Shall Be Public. All notices of hearing shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.

(Ord. 1985-03 § 6.80)

Chapter 17.16
HEARING EXAMINER REVIEW*

Sections:

17.16.010 Public hearing.

17.16.020 Recommendations.

17.16.030 Preliminary plat.

17.16.040 Approval or disapproval of subdivision and dedication– Factors considered– Finding– Release from damages.

17.16.050 Decision by hearing examiner.

17.16.060 Records.

17.16.070 Unapproved plat not to be filed– Prosecuting attorney– County auditor– Action.

* Prior ordinance history: Ord. 1985-03.

17.16.010 Public hearing.

The hearing examiner shall review all preliminary plats and include any new required conditions of approval to the approval of the preliminary plat or disapproval of the preliminary plat. At the public hearing the hearing examiner shall consider all relevant evidence in order to either approve or disapprove the preliminary plat. Any hearing may be continued at the discretion of the hearing examiner within the time limits allowed by law.

(Ord. 2007-02 (part))

17.16.020 Recommendations.

The hearing examiner shall consider the recommendations of those responding agencies who received a copy of the preliminary plat under Section 17.12.060, other agencies who may desire to make recommendations or give comment, and testimony from the adjacent landowners, and the general public.

(Ord. 2007-02 (part))

17.16.030 Preliminary plat.

A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the hearing examiner. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals, and similar quasi-judicial or administrative actions to the extent that procedural requirements applicable to these actions permit simultaneous processing.

(Ord. 2007-02 (part))

17.16.040 Approval or disapproval of subdivision and dedication– Factors considered– Finding– Release from damages.

The hearing examiner shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. He/she shall determine if appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If he/she finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions, and that the public use and interest will be served by the platting of such subdivision and dedication, then it shall be approved. If he/she finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, then the hearing examiner may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The hearing examiner shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. The hearing examiner shall also consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

(Ord. 2007-02 (part))

17.16.050 Decision by hearing examiner.

Every decision by the hearing examiner shall be in writing and shall include findings of fact and conclusions to support the hearing examiner's decision. Said findings of fact shall include a determination as to whether the preliminary plat is in conformity with the minimum lot size requirement under the county comprehensive plan or any applicable zoning map.

(Ord. 2007-02 (part))

17.16.060 Records.

The hearing examiner's proceedings concerning preliminary plats shall be retained by the administrator and shall be open to public inspection.

(Ord. 2007-02 (part))

17.16.070 Unapproved plat not to be filed– Prosecuting attorney– County auditor– Action.

The county auditor shall refuse to accept any plat for filing until the hearing examiner has given approval of the plat. Should a plat or dedication be filed without such approval, the prosecuting attorney shall apply for a writ of mandate in the name of, and on behalf of, the hearing examiner, directing the auditor and assessor to remove from their filed or records the unapproved plat, or dedication of record.

(Ord. 2007-02 (part))

Chapter 17.20
BOARD ACTION

Sections:

17.20.010 Public meeting.

17.20.020 Public hearing.

17.20.030 Submission for approval.

17.20.040 Approval or disapproval of subdivision and dedication– Factors to be considered– Finding– Release from damages.

17.20.050 Decision by board.

17.20.060 Records.

17.20.070 Unapproved plat not to be filed– Prosecuting attorney– County auditor– Action.

17.20.010 Public meeting.

Upon receipt of the planning commission's preliminary plat recommendation the board shall at its next public meeting set the date for the public meeting where it may adopt or reject the recommendations of the planning commission.

(Ord. 1985-03 § 8.10)

17.20.020 Public hearing.

If, after considering the planning commission's recommendation at a public meeting, the board deems that a change in the planning commission's recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the board conducts a public hearing and thereupon adopts its own recommendations and approves or disapproves the preliminary plat.

(Ord. 1985-03 § 8.20)

17.20.030 Submission for approval.

A preliminary plat of proposed subdivisions and dedications of land shall be submitted for approval to the board. Unless an applicant for preliminary plat approval requests otherwise, a preliminary plat shall be processed simultaneously with applications for rezones, variances, planned unit developments, site plan approvals and similar quasijudicial or administrative actions to the extent that procedural requirements applicable to these action permit simultaneous processing.

(Ord. 1985-03 § 8.30)

17.20.040 Approval or disapproval of subdivision and dedication– Factors to be considered– Finding– Release from damages.

The board shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts and determine whether the public interest will be served by the subdivision and dedication. If it finds that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets, alleys, other public ways, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions, and that the public use and interest will be served by the platting of such subdivision and dedication, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions, or that the public use and interest will not be served, then the board may disapprove the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The board shall not as a condition to the approval of any plat require a release from damages to be procured from other property owners. The board shall also consider the physical characteristics of a proposed subdivision site and may disapprove a proposed plat because of flood, inundation, or swamp conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final plat.

(Ord. 1992-08 (part); Ord. 1985-03 § 8.40)

17.20.050 Decision by board.

Every decision by the board shall be in writing and shall include findings of fact and conclusions to support the board's decision. Such findings of fact shall include a determination as to whether the preliminary plat is in conformity with the minimum lot size requirement under the county comprehensive plan or any applicable zoning map.

(Ord. 1985-03 § 8.50)

17.20.060 Records.

The board's proceedings concerning preliminary plats shall be recorded by the clerk of the board and shall be open to public inspection. A copy of the proceedings shall be forwarded to the administrator for his files.

(Ord. 1985-03 § 8.60)

17.20.070 Unapproved plat not to be filed– Prosecuting attorney– County auditor– Action.

The county auditor shall refuse to accept any plat for filing until approval of the plat has been given by the board. Should a plat or dedication be filed without such approval, the prosecuting attorney shall apply a writ of mandate in the name of, and on behalf of, the board, directing the auditor and assessor to remove from their files or records the unapproved plat or dedication of record.

(Ord. 1985-03 § 21.0)

Chapter 17.24
PRELIMINARY PLAT

Sections:

17.24.010 Approval– Deemed an authorization for development.

17.24.020 Time limitations for preliminary plat approval.

17.24.030 Approval– Other extensions of time.

17.24.040 Agreements to transfer land– Conditioned on final plat approval.

17.24.050 General standards.

17.24.010 Approval– Deemed an authorization for development.

Preliminary plat approval by the hearing examiner shall constitute authorization for the subdivider to develop the subdivision's facilities and improvements in strict accordance with standards established by Chapters 17.04 through 17.61 and any conditions imposed by the hearing examiner.

(Ord. 2007-02 (part): Ord. 1985-03 § 9.10)

17.24.020 Time limitations for preliminary plat approval.

A final plat, meeting all requirements of Chapters 17.04 through 17.61 and conditions imposed by the hearing examiner for final plat approval, shall be submitted to the hearing examiner for approval within five years of the date of preliminary plat approval; provided that, this five-year time period shall retroactively apply to any preliminary plat pending under Skamania County Subdivision and Platting Ordinance No. 1971-1 where the authority to proceed with the filing of a final plat has not lapsed under said Ordinance No. 1971-1. An applicant who files a written request with the hearing examiner at least thirty days before the expiration of this five-year period shall be granted a one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the five-year period.

(Ord. 2007-02 (part): Ord. 1985-03 § 9.20)

17.24.030 Approval– Other extensions of time.

Other extensions of time may be granted by the hearing examiner if the preliminary plat still meets the requirements of state law and county ordinances in effect at the time of preliminary plat approval, and the hearing examiner makes a finding under Section 17.20.040 that the preliminary plat still serves the public interest. The hearing examiner shall notify the administrator of its consideration of any other extension(s) of preliminary plat approval. If the preliminary plat does not meet the requirements of Chapter 58.17 RCW and any other applicable state law or county ordinances at the time an extension is applied for under this section, the hearing examiner may, after reviewing the conditions of approval and making a finding under Section 17.20.040 that the plat still serves the public interest, grant an extension of time subject to the final plat meeting the requirements of Chapter 58.17 RCW, and any other applicable state law and county ordinances at the time of the preliminary plat extension approval date. Any other time extensions shall not exceed a period of one year in duration for each additional extension of time.

(Ord. 2007-02 (part): Ord. 1985-03 § 9.30)

17.24.040 Agreements to transfer land– Conditioned on final plat approval.

Lots in a proposed subdivision may be offered, or an agreement to sell, lease or otherwise transfer a lot following preliminary plat approval if the offer or agreement is expressly conditioned on the recording of the final plat and does not violate any provisions of Chapters 17.04 through 17.60. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded.

(Ord. 1985-03 § 9.40)

17.24.050 General standards.

A. The preliminary plat shall be submitted on reproducible material approved by the administrator.

B. Maps, drawings and written data are to be in such form that when considered together shall clearly and fully disclose the following information:

1. Proposed subdivision name;

2. The name, address and telephone number of the subdivider;

3. The name, address and telephone number of the land surveyor who prepared the preliminary plat;

4. The boundary lines of the proposed subdivision along with the bearings and lengths of these lines if determined by a survey or the approximate boundary line lengths if not determined by a survey;

5. The boundaries of all blocks and lots within the subdivision, together with the numbers proposed to be assigned each lot and block, and the lengths of these lines;

6. Indicate approximate lot sizes in acreage or square feet, whichever is more appropriate, and the total amount of lots and acreage within the subdivision;

7. The location, names and width of all existing roads and easements within the proposed subdivision and adjacent thereto;

8. The location of all buildings, wells, septic systems, water courses, bodies of water, high and low water marks, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, existing surveyed property corners and significant topographic features of the land proposed to be subdivided;

9. A layout of proposed roads and land proposed to be dedicated or reserved for recreational or other uses;

10. Location of proposed water distribution systems, sewage treatment plant and collection system and electric and other utility lines;

11. Contour lines at intervals sufficient to show the drainage pattern of the land to be subdivided referenced to either the United States Coast and Geodetic Survey datum, county datum or other datum acceptable to the county engineer;

12. A sketch of the general vicinity in which the land proposed for subdivision lies, referencing section corners and section boundaries and showing location of proposed plat;

13. The map shall be a convenient engineering scale, preferably of fifty or one hundred feet to the inch, which depicts the map on a standard size sheet;

14. A North arrow indication.

(Ord. 1985-03 § 15.0)

Chapter 17.28
FINAL PLAT

Sections:

17.28.010 Approval– Filing period.

17.28.020 Approval– Administrator's review.

17.28.030 Distribution prior to approval.

17.28.040 Approval– Submission to board.

17.28.050 Board approval.

17.28.060 Approval– Recording and final plat distribution.

17.28.070 Terms of approval.

17.28.080 Bond in lieu of actual construction of improvements prior to approval of final plat.

17.28.090 General standards.

17.28.100 Standards– Map.

17.28.110 Standards– Section reference map.

17.28.120 Standards– Written data.

17.28.010 Approval– Filing period.

A. A final plat may be filed with the administrator at any time within the preliminary plat approval period (three years or an approved extension time, Sections 17.24.010 through 17.24.040).

B. Final plats shall be approved, disapproved, or returned to the subdivider within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period.

(Ord. 1985-03 § 10.10)

17.28.020 Approval– Administrator's review.

The administrator shall satisfy himself that:

A. The final plat presents the items required by the final plat standards of the ordinance codified in Chapters 17.04 through 17.60;

B. The final plat bears the certificates and statements of approval required by the ordinance codified in Chapters 17.04 through 17.60 and the notarized signatures of all parties having any ownership interest in the subdivided land;

C. A title company report is furnished by the subdivider for the property being subdivided which includes a legal description, all easements and encumbrances of record, the status of property taxes and confirms the ownership interest is vested in the name of the owners whose signatures appear on the final plat and any separate instrument of dedication;

D. The facilities and improvements required to be provided by the subdivider have been completed or that the subdivider will provide a bond or security subject to approval by the board.

(Ord. 1985-03 § 10.20)

17.28.030 Distribution prior to approval.

When the administrator finds the requirements of Section 17.28.020 have been met, he shall forward the original to the county treasurer and county engineer, and a copy of the original shall be forwarded to the district health officer, and the Washington State Department of Ecology if the proposed subdivision lies within a flood control zone designated pursuant to Chapter 86.16 RCW, for their respective recommendations for approval or disapproval:

A. The county treasurer shall certify that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied, or discharged.

B. The county engineer shall certify that the requirements of Chapter 17.44, Survey, have been met, any roads and bridges developed in conjunction with the plat meet the requirements of either the county and/or private road standards ordinance, approve the layout of such roads, and the construction of any other structures required for final plat approval meet standard engineering specifications.

C. The district health officer shall submit a report to the administrator as to the adequacy of the proposed means of sewage disposal and water supply.

D. If any portion of the subdivision lies within a flood control zone, a statement of approval signed by the Washington State Department of Ecology shall be submitted.

E. The county engineer and district health officer shall not modify the terms of their approval or recommendation without the consent of the applicant.

F. No engineer who is connected in any way with the subdividing and platting of the land for which subdivision approval is sought shall examine and approve such plats on behalf of the county.

(Ord. 2007-02 (part): Ord. 1985-03 § 10.30)

17.28.040 Approval– Submission to board.

When the requirements of Section 17.28.030 have been met, the administrator shall then forward the final plat and the recommendations of the administrator and district health officer to the clerk of the board.

(Ord. 2007-02 (part): Ord. 1985-03 § 10.40)

17.28.050 Board approval.

A. The board shall, at a public meeting, determine:

1. Whether conditions imposed when the preliminary plat was approved have been met;

2. Whether the requirements of the state platting law Chapter 58.17 RCW, any other applicable state law and the county platting ordinance which were in effect at the time of preliminary plat approval have been met;

3. Whether the bond, if there is one, by its essential terms assures completion of improvements.

B. If the above conditions have been met, the board shall execute its written approval on the face of the plat.

(Ord. 1985-03 § 10.50)

17.28.060 Approval– Recording and final plat distribution.

A. The administrator shall record the final plat with the county auditor's office. The subdivider shall pay the current final plat recording fee.

B. One reproducible copy shall be furnished to the county engineer, and one paper copy shall be filed with the county assessor.

(Ord. 2007-02 (part): Ord. 1985-03 § 10.60)

17.28.070 Terms of approval.

Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall also be governed by the terms of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under Section 17.28.030(B) and (C) for a period of five years after final plat approval, unless the hearing examiner finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.

(Ord. 2007-02 (part): Ord. 1985-03 § 10.70)

17.28.080 Bond in lieu of actual construction of improvements prior to approval of final plat.

A. In lieu of completing improvements required before final plat approval, the board may accept a performance bond from the subdivider in a form that is acceptable to the prosecuting attorney and in an amount and with sureties commensurate with improvements remaining to be completed, securing to the county the construction and installation of the improvements within a fixed time set by the board. The bonded improvements shall be designed and certified by or under the supervision of a registered civil engineer prior to the county's acceptance of such improvements.

B. No building permit, septic tank permit or other development permit shall be issued until the bonded improvements have been approved and accepted by the county.

(Ord. 1985-03 § 10.80)

17.28.090 General standards.

A. Every final plat shall consist of one or more standard sheets. All drawing and lettering shall be in permanent black ink.

B. The subdivision perimeter shall be depicted with heavier lines than appear elsewhere on the plat. The scale shall be a convenient engineering scale, preferably of fifty or one hundred feet to the inch, which depicts the map on a standard size sheet.

C. All signatures affixed to a final plat shall be original and written in permanent black ink.

(Ord. 1985-03 § 16.10)

17.28.100 Standards– Map.

Every final plat shall include an accurate map of the subdivided land, based upon a complete survey thereof, which map shall include:

A. All section, township, municipal and county lines lying within or adjacent to the subdivision;

B. The location of all monuments or other evidence used as ties to establish the subdivision's boundaries;

C. The location and description of all permanent control monuments found and established within the subdivision;

D. The boundary of the subdivision with complete bearings and lineal dimensions;

E. The length and bearings of all straight lines, the radii, arcs and semitangents of all curves;

F. The length of each lot line, together with bearings and other data necessary for the location of any lot line in the field;

G. The location, width, centerline and name or number of all streets within and adjoining the subdivision;

H. The location and width, shown with broken lines and description of all easements;

I. Numbers assigned to all lots and blocks within the subdivision and lot area in square feet or acreage;

J. Protective improvements, restricted areas and special notations;

K. The seal of the registered land surveyor performing the survey and making the plat;

L. A magnetic and true north arrow indication;

M. Every subdivision containing a private road shall bear the following notation on the subdivision:

WARNING

Purchasers of a lot, or lots, in this plat are advised to consult the Skamania County Development Assistance Handbook with regard to private roads because the lot or lots in this plat are serviced by private roads. Private roads are not maintained by Skamania County and subsequent attempts to divide your lot or lots must comply with Skamania County's private road standards.

(Ord. 1985-03 § 16.20)

17.28.110 Standards– Section reference map.

Every final plat shall include a map of the section or sections wherein the subdivision is located. The map shall be of sufficient size to display the following information:

A. Bearings and distances of all section, quarter section and sixteenth section lines relative to the survey of the plat;

B. Tie from nearest permanent control monument (section corner, quarter section corner, etc.) to initial point of the plat.

(Ord. 1985-03 § 16.30)

17.28.120 Standards– Written data.

In addition to the map or maps, every final plat shall contain written data including:

A. The name of the subdivision;

B. The legal description of land contained within the subdivision;

C. A certificate of the registered professional land surveyor who made, or under whose supervision was made, the survey of the subdivision in substantially the following language:

I, ________, registered as a professional land surveyor by the State of Washington, certify that this plat is based on an actual survey of the land described herein, conducted by me or under my supervision, during the period of ________19________, through ________, 19________; that the distances, course, and angles are shown thereon correctly; and that monuments other than those monuments approved for setting at a later date have been set and lot corners staked on the ground as depicted on the plat.

D. A statement of approval signed by the county engineer as to:

1. Survey data,

2. Layout of roads and easements,

3. Road names and numbers,

4. The design and/or construction of protective improvements, bridges, sewage and drainage systems;

E. A certificate bearing the typed or printed names of all persons having any ownership interest in the subdivided land, signed by the said persons and acknowledged by them before a notary public, consenting to the subdivision of said land and reciting a dedication by them of all 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 governmental authority arising from the construction and maintenance of public facilities and public property within the subdivision;

F. A certificate signed by the Skamania County treasurer that all taxes and delinquent assessments for which the property may be liable as of the date of certification have been duly paid, satisfied or discharged;

G. Space for approval by the Skamania County board of commissioners;

H. Space for the county auditor as to filing of the plat for record.

(Ord. 1985-03 § 16.40)

Chapter 17.32
DEDICATIONS

Sections:

17.32.010 General.

17.32.020 Dedication to corporation.

17.32.010 General.

Dedications of roads, improvements or other land shall be accomplished by a certificate on the face of the final plat, or a separate written instrument recorded with the county auditor and so noted on the final plat. The dedication of all roads to the public must contain a waiver of all claims for damages against the county which may be occasioned to the adjacent land by the established construction, drainage and maintenance of such roads. Roads not dedicated to the public must be clearly marked on the face of the final plat.

(Ord. 1985-03 § 11.10)

17.32.020 Dedication to corporation.

Land in a subdivision may be dedicated to a homeowner's association for roads, pedestrian walkways, water and sewer systems, playgrounds and recreational uses, protective improvements, or other general purposes if the hearing examiner determines that the public interest will be served thereby. The homeowner's articles of incorporation shall provide that membership in the organization shall be appurtenant to ownership of 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 hearing examiner may impose such other conditions, as it deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.

(Ord. 2007-02 (part): Ord. 1985-03 § 11.20)

Chapter 17.36
DESIGN STANDARDS

Sections:

17.36.010 General.

17.36.020 Topographic hazards and protective improvements.

17.36.030 Standard minimum lot sizes, dimensions and proportions.

17.36.040 Blocks.

17.36.050 Reverse frontage lots.

17.36.060 Lot access.

17.36.070 Utility easements.

17.36.080 Underground utility installation.

17.36.090 Drainage and storm sewer easements.

17.36.100 Water supply and sanitary sewer systems.

17.36.110 Sidewalks.

17.36.120 Subdivision roads.

17.36.010 General.

All roads, bridges, drains, culverts, sidewalks, curbs, storm sewers, fire protection systems and related structures or devices shall be constructed in accordance with standards currently in effect at the time of construction. These standards shall be those contained in Chapters 17.04 through 17.60 or those promulgated by the board or may be other than a county standard if approved by the county or required by state law.

(Ord. 1985-03 § 12.10)

17.36.020 Topographic hazards and protective improvements.

A. Land on which exists any topographic 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.

B. Protective improvements and restrictions on use shall be clearly noted on the final plat.

(Ord. 1985-03 § 12.11)

17.36.030 Standard minimum lot sizes, dimensions and proportions.

A. Minimum lot sizes and dimensions shall be in conformity with any applicable zoning ordinance or county comprehensive land use plan.

B. The minimum lot size and dimensions for any subdivision not included under a zoned area of the county, or the county comprehensive land use plan, or the county shoreline management master program shall be:

1. Where water supply is individual wells and individual sewage disposal systems are used, the minimum lot size shall be two acres. Minimum lot width shall be two hundred feet;

2. Where an adequate public water supply and individual sewage disposal systems are used, the minimum lot size shall be twelve thousand five hundred square feet. Minimum lot width shall be ninety feet and minimum lot depth shall be one hundred twenty feet;

3. Where adequate public water supply and adequate public sewer lines are used, the minimum lot size shall be eight thousand square feet. Minimum lot width shall be seventy feet;

4. Subdivisions B1, 2 or 3 of this section shall be the applicable lot size for the Rural I land use area of the Skamania County comprehensive land use plan. The Rural II and conservation land use areas are a minimum of two acres and ten acres respectively;

5. For purposes of computing the size of lots in subdivision B1 of this section, the lot area may include public road rights-of-way and private road easements; provided, said rights-of-way and easements shall not exceed sixty feet in overall width for purposes of lot area computation;

6. For purposes of computing the lot size in subdivisions B2 and 3 of this section, the lot area may not include public road rights-of-way and private road easements;

7. In any of the subdivisions B1 through 4 of this section, the lot depth should not exceed the lot width by more than a ratio of four to one, being the depth. Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot sizes indicated above.

(Ord. 1985-03 § 12.12)

17.36.040 Blocks.

Blocks shall be designated to assure traffic safety and ease of traffic control and circulation.

(Ord. 1985-03 § 12.13)

17.36.050 Reverse frontage lots.

A. No residential lots shall have road frontage along two opposite boundaries unless topographical features or the need to provide separation of the lots from arterials, railways, commercial activities or industrial activities justify the designing of reverse frontage lots.

B. Reverse frontage lots shall be designed with an easement at least ten feet wide, to be dedicated along the lot lines abutting the traffic arterial or other disadvantageous uses, across which there shall be no right of access for the general public or adjoining property owners.

(Ord. 1985-03 § 12.14)

17.36.060 Lot access.

A. Every lot shall be provided with satisfactory access by a public road connecting to an existing public road, or by an easement which is permanent and inseparable from the lot served.

B. Lots adjacent to a designated arterial road shall be provided with access other than the arterial, unless a variance is granted to this requirement.

C. The plat of a subdivision containing lots adjacent to a designated arterial shall not be approved unless the plat recites a waiver of the right to direct access to the arterial or a variance is granted to this requirement.

(Ord. 1985-03 § 12.15)

17.36.070 Utility easements.

Easement for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure maintenance and to permit future utility installations.

(Ord. 1985-03 § 12.16)

17.36.080 Underground utility installation.

In areas designated by the public utility district, underground utility installation is required.

(Ord. 1985-03 § 12.17)

17.36.090 Drainage and storm sewer easements.

Easements for drainage channels and ways shall be of sufficient width to assure that the same may be maintained and improved. Easements for storm sewers shall be provided and shall be of sufficient width and proper location to permit future installation.

(Ord. 1985-03 § 12.18)

17.36.100 Water supply and sanitary sewer systems.

A. Where a public water supply is the source of water, potable water shall be provided by the subdivider for each lot within a subdivision.

B. Where a public sanitary sewer is installed, a connection shall be provided for each lot within a subdivision.

C. All facilities and devices of water supply and sanitary sewer systems shall meet the standards of the Southwest Washington health district and any county or state regulations.

D. Subdivisions with lots less than two acres in size shall be required to have a public water system to serve said lots.

E. In addition, subdivisions with twenty or more lots between two acres and five acres in size shall be required to have a public water system.

(Ord. 1985-03 § 12.19)

17.36.110 Sidewalks.

Sidewalks may be required in subdivisions. Where required, sidewalks or sidewalk easements in residential subdivisions shall be at least five feet wide. In a business or commercial district, sidewalks shall be at least eight feet wide. Sidewalks or sidewalk easements shall be properly located to meet the circulation needs of the subdivision.

(Ord. 1985-03 § 12.20)

17.36.120 Subdivision roads.

A. Subdivision roads shall be constructed in accordance with Skamania County, county roads and construction standards and/or Skamania County private roads and construction specifications (Skamania County Code, Chapter 12.03).

B. Subdivision road layout shall provide ready access for fire and other emergency vehicles and equipment, and routes of escape for inhabitants. The road pattern shall conform to the general circulation of the area and provide for future roads and connections.

C. When a subdivision abuts a public road having insufficient width to conform to current county or state road standards, dedication of sufficient additional right-of-way to the public shall be required within the boundary of the designated lots of the subdivision.

D. Where topographical features warrant, or where probable future conditions warrant or when an area within a subdivision is set aside for commercial uses, dedication of additional road right-of-way may be required.

(Ord. 1998-02 (part); Ord. 1985-03 § 12.21)

Chapter 17.40
TESTS

Sections:

17.40.010 Test standards.

17.40.020 Test required.

17.40.030 Test data.

17.40.010 Test standards.

Tests required by Chapters 17.04 through 17.60 shall be in accordance with the standards of the applicable agency performing the tests.

(Ord. 1985-03 § 13.10)

17.40.020 Test required.

The administrator may require tests whenever there is a question relating to the suitability of any land for a subdivision.

(Ord. 1985-03 § 13.20)

17.40.030 Test data.

Any agency or representative of an agency that conducts tests under Chapters 17.04 through 17.60 shall promptly furnish the administrator with complete data and an interpretation of such data.

(Ord. 1985-03 § 13.30)

Chapter 17.44
SURVEY

Sections:

17.44.010 Preparation of plats.

17.44.020 Section reference.

17.44.030 State plane coordinate system.

17.44.040 Permanent control monuments.

17.44.050 Permanent control monuments– In roads.

17.44.060 Lot corners.

17.44.070 Property contiguous to water.

17.44.080 Survey discrepancies.

17.44.010 Preparation of plats.

The survey of every proposed subdivision and preparation of preliminary and final plats thereof, shall be made by or under the supervision of a registered professional land surveyor, who shall certify on the plat that it is a true and correct representation of the lands actually surveyed. All surveys shall conform to standard practices and principles for land surveying. The standard for error of closure on the traverse of the plat boundary shall be no greater than one foot in five thousand feet.

(Ord. 1985-03 § 14.10)

17.44.020 Section reference.

Primary survey control points shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown.

(Ord. 1985-03 § 14.20)

17.44.030 State plane coordinate system.

When practical, monuments shall be referenced under the Washington State plane coordinate systems.

(Ord. 1985-03 § 14.30)

17.44.040 Permanent control monuments.

A. Permanent control monuments shall be established at:

1. All controlling corners on the boundaries of the subdivision;

2. The intersections of centerlines of roads within the subdivision;

3. The beginning and end of curves on center lines;

4. All block corners;

5. All meander corners.

B. Permanent control monuments may be placed on offset lines. The position and type of every monument shall be noted on all plats of the subdivision. Permanent control monuments shall be set in two-inch pipe, twenty-four inches long, filled with concrete or shall be constructed of an approved equivalent.

(Ord. 1985-03 § 14.40)

17.44.050 Permanent control monuments– In roads.

Permanent control monuments within 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 engineer of setting such monuments.

(Ord. 1985-03 § 14.50)

17.44.060 Lot corners.

Every lot corner shall be marked by a three-fourths-inch diameter by twenty-four-inch-long galvanized iron pipe, or approved equivalent, driven into the ground.

(Ord. 1985-03 § 14.60)

17.44.070 Property contiguous to water.

A. If any land in a subdivision is contiguous to a body of water, a meander 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.

B. If 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 of the survey.

(Ord. 1985-03 § 14.70)

17.44.080 Survey discrepancies.

Whenever a survey of a proposed subdivision reveals a discrepancy, the discrepancy shall be noted on the face of the final plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat. As used in this section, "discrepancy" means: (1) a boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.

(Ord. 1988-01 § 2)

Chapter 17.48
DEVELOPMENT OF ILLEGALLY DIVIDED LAND

Sections:

17.48.010 Conditions.

17.48.020 Public interest determination.

17.48.030 Innocent purchaser for value.

17.48.010 Conditions.

No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW or Chapters 17.04 through 17.61 unless the hearing examiner finds that the public interest will not be adversely affected thereby.

(Ord. 2007-02 (part): Ord. 1985-03 § 17.10)

17.48.020 Public interest determination.

Such approval as provided under this chapter shall only be given by the hearing examiner following a public meeting at which the hearing examiner shall determine that:

A. The district health officer has certified that the proposed means of sewage disposal and water supply on and to the lot, tract or parcel are adequate;

B. The county engineer has certified that the lot, tract or parcel is served with an adequately designed means of ingress and egress with adequate drainage facilities, none of which interfere with or impair existing or planned public highway and drainage facilities in the vicinity;

C. The proposed development permit will not adversely affect the health, safety, or welfare of the adjacent property owners.

(Ord. 2007-02 (part): Ord. 1985-03 § 17.20)

17.48.030 Innocent purchaser for value.

The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter; and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW and Chapters 17.04 through 17.60, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorneys' fees occasioned thereby.

(Ord. 1985-03 § 17.30)

Chapter 17.52
VARIANCES

Sections:

17.52.010 General.

17.52.020 Restrictive variances.

17.52.010 General.

When the hearing examiner finds that extraordinary hardship will result from strict compliance with the provisions contained within the ordinance codified in Chapters 17.04 through 17.61, the hearing examiner may vary the regulations providing that the adjustment authorized does not grant a special privilege inconsistent with the limitations imposed upon other properties in the vicinity in which subject property is situated and that the following circumstances are found to exist:

A. Because of special circumstances applicable to subject property including size, shape, topography, location or surroundings, strict compliance with said ordinance will cause undue hardship and deprive subject property of rights and privileges enjoyed by other properties in the vicinity;

B. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity in which subject property is situated;

C. That the granting of the variance will not have the effect of nullifying the intent and purpose of these regulations.

(Ord. 2007-02 (part): Ord. 1985-03 § 19.10)

17.52.020 Restrictive variances.

Variations and exceptions to more restrictive standards than those herein set forth may be made by the hearing examiner in those instances where it is deemed that hardship, topography or other factual detriment conditions prevail, and in such manner as it considers necessary to maintain the intent and purpose of Chapters 17.04 through 17.61.

(Ord. 2007-02 (part): Ord. 1985-03 § 19.20)

Chapter 17.56
REVIEW

Sections:

17.56.010 Applicability– Standing– Applications.

17.56.010 Applicability– Standing– Applications.

A. Any decision approving or disapproving any plat shall be reviewable for unlawful, arbitrary, capricious or corrupt action, or nonaction by writ of review before the superior court of the county.

B. Standing to bring the action is limited to the following parties:

1. The applicant or owner of the property on which the subdivision is proposed;

2. Any property owner entitled to notice under Section 17.12.080D;

3. Any property owner who deems himself aggrieved thereby and who will suffer direct and substantial impacts from the proposed subdivision.

C. Application for a writ of review shall be made to the court within thirty days from any decision so to be reviewed. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.

(Ord. 1985-03 § 20.0)

Chapter 17.60
VIOLATION– PENALTY

Sections:

17.60.010 Violation– Applicability.

17.60.020 Violation of court order.

17.60.030 Assurance of discontinuance of violations.

17.60.040 Compliance with final plat approval.

17.60.010 Violation– Applicability.

Any person, firm, corporation or association, or any agent of any person, firm, corporation or association who violates any provision of Chapter 58.17 RCW or Chapters 17.04 through 17.60 relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of Chapter 58.17 RCW or Chapters 17.04 through 17.60 shall be deemed a separate and distinct offense. This section shall not apply to any sale, offer for sale, lease or transfer of any lot, tract or parcel of land conducted in compliance with Section 17.24.040.

(Ord. 1985-03 § 18.10)

17.60.020 Violation of court order.

Any person who violates any court order or injunction issued pursuant to Chapter 58.17 RCW shall be subject to a fine of not more than five thousand dollars or imprisonment for not more than ninety days or both.

(Ord. 1985-03 § 18.20)

17.60.030 Assurance of discontinuance of violations.

In the enforcement of the ordinance codified in Chapters 17.04 through 17.60, the prosecuting attorney may accept an assurance of discontinuance of any act or practice deemed in violation of said ordinance from any person engaging in, or who has engaged in such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county. A violation of such assurance shall constitute prima facie proof of a violation of said ordinance.

(Ord. 1985-03 § 18.30)

17.60.040 Compliance with final plat approval.

Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of Chapter 58.17 RCW, any provision of the ordinance codified in Chapters 17.04 through 17.61, or any term or condition of plat approval for the plat by the hearing examiner, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, may commence an action to restrain and enjoin such use and compel compliance with the provisions of Chapter 58.17 RCW, or the ordinance codified in this title or with such terms or conditions prescribed by the hearing examiner. The costs of such action may be taxed against the violator.

(Ord. 2007-02 (part): Ord. 1985-03 § 18.40)

Chapter 17.61
PLAT ALTERATION– PLAT VACATION

Sections:

17.61.010 Plat alteration.

17.61.020 Plat vacation.

17.61.010 Plat alteration.

A. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in Section 17.04.010(B)(5) that person shall submit an application to request the alteration to the hearing examiner. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

B. Upon receipt of an application for alteration, the hearing examiner shall provide notice of the application to all owners of property within a subdivision, and as provided for in Sections 17.12.020 and 17.12.080. The notice shall establish a date for public hearing.

C. The hearing examiner shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

D. After approval of the alteration, the hearing examiner shall order the application to produce a revised drawing of approved alteration of the final plat, which after signature of the board of county commissioners, shall be filed with the county auditor to become the lawful plat of the property.

E. This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shorelands.

(Ord. 2007-02 (part): Ord. 1988-01 § 3 (part))

17.61.020 Plat vacation.

A. Whenever any person is interested in the vacation of any subdivision or any portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the hearing examiner. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

B. When the vacation application is specifically for a county road, the procedures for road vacation in Chapter 36.87 RCW shall be utilized for the road vacation. When the application is for the vacation of the plat, together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.87.130.

C. The hearing examiner shall give notice as provided in Sections 17.12.060 and 17.12.080 and shall conduct a public hearing on the application for vacation and may approve or deny the application for vacation of the subdivision after determining the public use and interest to be served by the vacation of the subdivision. If any portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not previously deeded to the county, shall be deeded to the county unless the hearing examiner shall set forth findings that the public use would not be served in retaining title to such lands. Any vacation of land that was deeded to the county must first receive a letter of authorization to vacate from the board of county commissioners.

D. Title to the vacated property shall vest with the rightful owner as shown by county records. If the vacated land is land that was dedicated to the public, for public use other than a road and the hearing examiner has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the hearing examiner. When the road that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road shall vest with the owner or owners of property contained within the vacated subdivision.

E. This section shall not be construed as applying to the vacation of any plat of state-granted tide or shorelands.

(Ord. 2007-02 (part): Ord. 1988-01 § 3 (part))

Chapter 17.64
SHORT PLATS AND SHORT SUBDIVISIONS*

Sections:

17.64.010 Conformity with comprehensive land use plan required.

17.64.015 Conformity with the national scenic area required.

17.64.020 Definitions.

17.64.030 Applicability of chapter provisions.

17.64.040 Exemptions from chapter applicability.

17.64.050 Administration– Planning department authority.

17.64.060 Procedures required generally– Distribution.

17.64.070 Application– Information required.

17.64.080 Application– Map requirements.

17.64.090 Application– Supporting documents required.

17.64.095 Fee.

17.64.100 Review and recommendation procedures.

17.64.105 Official determination of compliance.

17.64.110 Appeal– From short plat administrator decision.

17.64.115 Appeal– Review and public hearing.

17.64.120 Preliminary approvals.

17.64.125 Final approval and recording.

17.64.135 Unapproved short plats not to be filed.

17.64.145 Design standards generally.

17.64.150 Surveys.

17.64.151 Survey discrepancies.

17.64.155 Standard minimum lot sizes, dimensions and proportions.

17.64.160 Access requirements.

17.64.175 Roads– Public and private.

17.64.190 Water supply and sanitary sewer systems.

17.64.200 Utility and drainage easements.

17.64.205 Sidewalks.

17.64.210 Re-subdivision restrictions.

17.64.230 Enforcement.

17.64.241 Short plat alteration involving a public dedication.

17.64.242 Short plat alterations not involving a public dedication.

17.64.243 Short plat vacation.

* Prior ordinance history: Ords. 1980-03, 1980-07, 1981-03, 1981-05, 1985-04, 1988-01, 1992-03, 1992-08, 1995-08, 2001-04 and 2001-11.

17.64.010 Conformity with comprehensive land use plan required.

From and after June 22, 1981, all subdivisions and short plats shall conform to the county comprehensive land use plan in existence at the time of application for subdivision or short plat is made, subject to Skamania County Code, Chapters 17.64 and 17.52.

(Ord. 2004-01 (part))

17.64.015 Conformity with the national scenic area required.

All short subdivisions located within the national scenic area shall be reviewed for consistency with this chapter after approval has been granted per Skamania County Code Title 22. If a conflict arises between the requirements of Title 22 and this chapter then Title 22 shall be controlling.

(Ord. 2004-01 (part))

17.64.020 Definitions.

Whenever the following words and phrases appear in this chapter, they shall be given the meaning attributed to them by this section. When 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.

"Access panhandle" means a strip of land having a width narrower than that of the lot, tract or parcel to be served thereby, and designed for the purpose of providing access to a lot, tract or parcel, being less in width than the minimum lot width allowed by this chapter.

"Board" means the board of county commissioners of Skamania County.

"Department" means the Skamania County planning department.

"Easement" means a grant by a property owner to specific person or persons, corporation or entity, or to the public to use land or a limited specific purpose or purposes.

"Hearing examiner" means an appointed official vested with the duties established by Skamania County Ordinance Number 2006-16.

"Lease" means an agreement between a property owner and a tenant for the use of a described parcel of land for a period of five years or more. "Lease" does not apply to any division of a single building into multiple businesses, or to Port District land.

"Local health department authority" means a representative of the local health department authority.

"Lot" means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum requirements for width, depth and area. The term shall include tracts or parcels.

"Lot depth" means the distance measured between the mid-point of the lot line fronting a road or street, to the mid-point of the lot line opposite, or where the lot does not front on a road, depth shall refer to the greatest principal dimension.

"Lot width" means the distance measured between the mid-points of the two principal side lot lines and at approximately right angles to the lot depth.

"Owner(s)," for purposes of this title, means and includes any person, firm, corporation, or other legal entity who has an "ownership interest" as defined herein.

"Ownership interest," for purposes of this title, means and includes any person, firm, corporation, or other legal entity who is a contract real estate purchaser and/or holds fee simple title of the property being subdivided.

"Private road" means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner but not by other persons. For the purpose of this chapter this shall apply only to roadways serving two or more parcels of land. Nothing herein shall be construed as creating a county road without the county's acceptance thereof.

"Public dedication" means the deliberate conveyance of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.

"Road" means an improved and maintained public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and which may also include provisions for public utilities, pedestrian walkways, cut and fill slopes, and drainage.

"Short plat" means a document consisting of a map of a short subdivision, together with written certificates and data, showing thereon the division of a tract of land into lots.

"Short plat administrator" means the planning director or his or her designee, also referred to as the administrator.

"Short plat subdivider" means any legal entity that undertakes to create a short subdivision for the purpose of this chapter.

"Short subdivision" means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

(Ord. 2007-02 (part): Ord. 2004-01 (part))

17.64.030 Applicability of chapter provisions.

Every division of land into four or less lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease, or transfer of ownership shall proceed in compliance with this chapter. Land contained within a short subdivision shall not be further divided for a period of five years from the date of filing of a short plat without the filing of a final (long) plat.

(Ord. 2004-01 (part))

17.64.040 Exemptions from chapter applicability.

The provisions of this chapter shall not apply to:

A. Any cemetery or burial plot, while used for that purpose;

B. Any division of land into lots, tracts or parcels where each lot is twenty acres or larger provided the division does not violate the minimum lot size required by the underlying zoning district. Where a road constitutes a lot border or portion thereof, the lot area may be computed from the centerline of said road;

C. Any division of land made by a court order pursuant to testamentary provisions, or by such other laws of state-wide application dealing with distribution of real property, provided the division does not violate the minimum lot size required by the underlying zoning district;

D. Any division of land made in compliance County Code, Title 17, Subdivisions, Chapters 17.04 through 17.60 inclusive;

E. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum lot size as established by the underlying zoning district.

F. Divisions of land made by court order are exempt from the provisions of Title 17.64; provided, the division shall comply with all provisions of Title 21 and 22.

G. Previously created or established lot or parcels.

(Ord. 2004-01 (part))

17.64.050 Administration– Planning department authority.

The Skamania County planning department, referred to in this chapter as the department, is vested with the duty of administering the provisions of this chapter and with authority to summarily approve or disapprove proposed short subdivisions. The department shall prepare and require the use of such forms as deemed essential to the administration of this chapter.

(Ord. 2004-01 (part))

17.64.060 Procedures required generally– Distribution.

A. Any property owner intending to divide land by this chapter shall obtain a short plat application from the department. The applicant may then complete the application listing all required information as outlined within Section 17.64.155 of this chapter.

1. Prior to the submission of a short plat application it shall be the responsibility of the short plat subdivider to inquire to the district health officer in order to ascertain whether lot sizes larger than required under Section 17.64.155, standard minimum lot sizes, dimensions and proportions of this chapter are recommended for the intended lot use.

2. For lots intended for residential use or other building structures, the district health officer shall require a site evaluation test to determine whether the lots are suitable for subsurface sewage disposal. If larger lots are recommended, the district health officer shall forward a statement in writing to the short plat subdivider and a copy to the administrator to this effect and specify the lot sizes, and reasons and conditions for the recommendation.

B. Upon submission of a short plat application, a date of receipt shall be affixed on the application. The department shall then determine whether the requirements of this chapter have been met. An application or map lacking sufficient information for review or not meeting the requirements of the chapter shall be rejected by the short plat administrator, and such rejection shall be accompanied by a written statement citing the reason for rejection.

C. When the short plat administrator determines that the proposed short plat application and map contains the required information and data as a basis for its approval or disapproval, copies of the short plat application and map shall be distributed to the following:

1. County engineer;

2. District health officer;

3. Washington State Department of Transportation if the short subdivision is located adjacent to the right-of-way of a state highway;

4. Any state or local agency which may have an interest in the short subdivision as determined by the short plat administrator.

5. Written notice of the proposed short subdivision shall be mailed by United States first class mail to all property owners of record, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the subject property and any contiguous lots in the same ownership.

(Ord. 2004-01 (part))

17.64.070 Application– Information required.

The short plat application shall contain the following information:

A. The name, address and telephone number(s) of the owner(s) submitting the short plat application;

B. The existing zoning classification;

C. The section, township and range in which the property being short platted is located, and the county assessor's tax lot number;

D. The proposed source of water supply and if a public system is used, the name of the supplier;

E. The method of the sewage disposal and, if sanitary sewer is used, the name of the district having management over the system;

F. A written legal description of the entire contiguous property;

G. The location of existing buildings, wells and septic systems, the name of adjacent land owners and subdivisions, water courses and drainages and important natural topographic features relevant to the land proposed to be divided, shall be shown on a copy of the short plat map.

(Ord. 2004-01 (part))

17.64.080 Application– Map requirements.

The short plat map shall be on a sheet of stable base mylar polyester film having dimensions of eighteen inches by twenty-four inches. All drawing and lettering shall be in permanent black ink. All signatures affixed to the short plat map shall be original and written in permanent black ink. The short plat map shall, at a minimum, include the following information:

A. The boundary of the entire contiguous parcel, proposed lot lines, including lengths and bearings of said parcel and lot lines;

B. The number of each lot, the lot size in acreage or square feet (whichever is more appropriate);

C. The scale of the map and north indication;

D. The location of existing road and utility rights-of-way and easements including the width thereof, boundaries and section and township lines;

E. The legal description of land contained within the short subdivision;

F. The name, signature and certification stamp of the Washington State registered professional land surveyor;

G. A certificate giving:

1. A statement that the short subdivision has been made with the free consent and in accordance with the desires of the owner and owners and that all easements shown thereon are granted for the purpose stated on the easement,

2. If the short subdivision includes a dedication, the certificate shall also contain the dedication of all streets and other areas to the public, and individuals, religious society or societies or to any corporation, public or private as shown on the short plat and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road,

3. The notarized signatures of the owner or owners having an interest in the land being short platted.

H. Signature block for approval by short plat administrator, county engineer, county treasurer, sanitarian and space for the county auditor as to filing of the short plat for record;

I. Statement: "Land within this short subdivision shall not be further subdivided for a period of five years unless a final (long) plat is filed pursuant to Skamania County Code, Title 17, Subdivision, Chapter 17.04 through 17.60 inclusive;"

J. Every short subdivision containing a private road shall bear the following language on the short plat map: "Warning: Purchasers of a lot, or lots, in this short plat are advised that the lot, or lots, in this short plat are serviced by private roads. Private roads are not maintained by Skamania County. Lot owners within this short plat must pay for the maintenance of the private roads serving this short plat, including grading, drainage, snow plowing, etc. The condition of the private road may affect subsequent attempts to divide your lot, or lots. Private roads must comply with Skamania County's private road requirements."

(Ord. 2004-01 (part))

17.64.090 Application– Supporting documents required.

Every short plat application shall be required to include a title report for legal proceedings confirming that title of the lands described by the short subdivision is in the name of the owner(s) signing the certificate as noted in Section 17.64.080(G)(3) and showing restrictions encumbering the land. Title reports shall not be more than two months old at the date of recording the short plat.

(Ord. 2004-01 (part))

17.64.095 Fee.

A short plat application review fee shall be established by the board of county commissioners from time to time. The fee shall be submitted to the department along with the short plat application and map to cover the short plat application administrative review. Checks are to be made payable to the Skamania County treasurer. Fees are not refundable.

(Ord. 2004-01 (part))

17.64.100 Review and recommendation procedures.

A. The short plat administrator shall set a date for return of findings and recommendation from each agency and adjacent property owner, the date to be within twenty working days from the date of transmittal to each agency and adjacent property owner.

B. The county engineer shall notify the administrator that:

1. Road access, surface drainage and road construction comply with current county standards;

2. The short plat map and the accompanying legal description is adequate for the purpose of dividing land by this chapter.

C. The district health officer shall notify the administrator that:

1. Water supply methods and sanitary sewer disposal methods contemplated for use in the proposed short subdivisions, do or do not conform with current standards; and

2. Where sanitary sewers are not available, that each lot contains adequate area and proper soil, topographic and drainage conditions to be served by an on-site sewage disposal system. The health office shall require a sewage disposal system site evaluation to determine whether lots in a proposed short subdivision meet the current standards for on-site sewage disposal systems. A satisfactory site evaluation does not constitute an indefinite approval for a sewage disposal system permit. The provisions of RCW Chapter 58.17.170 shall apply to short subdivisions.

D. Other agencies and adjacent property owners notified by mail, shall notify the administrator of their concerns or grievances.

(Ord. 2004-01 (part))

17.64.105 Official determination of compliance.

A. The administrator shall review all information relevant to the short subdivision proposal and render an official determination of compliance within thirty days of the date of (receipt) initial filing of a complete application. If circumstances require the department to extend the review period beyond thirty days, the administrator shall notify the applicant, in writing, of the purpose and duration of the extension.

B. After determination of compliance, the short plat administrator shall:

1. Approve the short subdivision, with or without conditions;

2. Return the short subdivision to the applicant for corrections or for the applicant's construction of improvements in a manner consistent with official findings; or

3. Disapprove the short subdivision with written findings.

(Ord. 2004-01 (part))

17.64.110 Appeal– From short plat administrator decision.

Any person aggrieved by the decision of the short plat administrator may request a review of that decision by the hearing examiner within fourteen calendar days following the issuance of the decision.

(Ord. 2007-02 (part): Ord. 2004-01 (part))

17.64.115 Appeal– Review and public hearing.

If the decision of the short plat administrator is appealed to the hearing examiner, the hearing examiner shall conduct a review and a public hearing under the procedure established for hearings by Skamania County and thereupon adopt its own recommendations for approval, disapproval or return the short subdivision to the applicant for modification, correction, construction of improvements, or meeting conditions of approval.

(Ord. 2007-02 (part): Ord. 2004-01 (part))

17.64.120 Preliminary approvals.

If the recommendation of the administrator under Section 17.64.105 requires meeting of conditions, construction of private roads and/or water systems or the applicant needs time to obtain required certifications; then the administrator shall give the applicants short subdivision preliminary approval for a six-month period to complete said conditions. Upon fulfillment of said preliminary approval requirement(s), and upon acceptance of such proof by the administrator, the administrator shall then proceed with the final approval of the short subdivision. Upon application by the applicant within the initial preliminary approval period, the administrator may, if the applicant has demonstrated good cause, grant a time extension for the preliminary approval.

(Ord. 2004-01 (part))

17.64.125 Final approval and recording.

A. When the short plat map meets all the requirements of this chapter, and the subdivider has provided the required documentation or certification, and paid the short plat application fee; then written approval by the administrator, county engineer, sanitarian and county treasurer shall be inscribed upon the face of the short plat map. The action of approving a short subdivision shall become effective when the final short plat map has been filed for record with the auditor of Skamania County. No final short plat map will be accepted for filing unless all currently due and payable taxes have been paid in full to the county treasurer.

B. It is the responsibility of the short plat administrator to record the short plat map with the county auditor. The short plat subdivider shall pay the current recording fee.

C. Upon recording of the short plat map, the administrator shall supply one copy each to the county assessor, county engineer, district health officer and the short plat subdivider.

(Ord. 2004-01 (part))

17.64.135 Unapproved short plats not to be filed.

The auditor shall refuse to accept for filing any short plat that does not bear the administrator's certificate of approval. Should a short plat be filed without such a certificate, the prosecuting attorney shall apply for a writ of mandate on behalf of the administrator, directing the auditor to remove the unapproved plat from their files or records.

(Ord. 2004-01 (part))

17.64.145 Design standards generally.

A. All roads, private roads, bridges, drains, culverts, sidewalks, curbs, storm sewers, and related structures or devices shall be constructed in accordance with standards currently in effect at the time of preliminary approval. These standards shall be those contained in this chapter or those promulgated by the board or may be other than a county standard if approved by the county.

B. Land on which exist any topographic conditions hazardous as defined in Skamania County Code Title 21A (Critical Areas), to the safety or general welfare of persons or property in or near a proposed short 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.

C. Protective improvements and restrictions on use shall be clearly noted on the short plat map.

(Ord. 2004-01 (part))

17.64.150 Surveys.

All short plats shall be prepared, signed and sealed by a professional land surveyor registered in the state of Washington in conformance with the requirements of the Survey Recording Act RCW 58.09. Surveys shall be required for all lots within a short subdivision. All controlling corners on the boundaries of the short subdivision and all lot corners shall be monumented. All new and existing permanent monuments within the short subdivision shall be located and described. All monuments and markers shall be shown on the face of the final short plat.

(Ord. 2004-01 (part))

17.64.151 Survey discrepancies.

Whenever a survey of a proposed short plat reveals a discrepancy, the discrepancy shall be noted on the face of the short plat. Any discrepancy shall be disclosed in a title report prepared by a title insurer and issued after the filing of the short plat. As used in this subsection, "discrepancy" means:

1. A boundary hiatus;

2. An overlapping boundary;

3. A physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.

(Ord. 2004-01 (part))

17.64.155 Standard minimum lot sizes, dimensions and proportions.

Minimum lot sizes and dimensions shall be in conformity with any applicable zoning ordinance or the county comprehensive land use plan.

A. The minimum lot size and dimensions for any short subdivision not included under a zoned area of the county or the county comprehensive land use plan shall be:

1. Where water supply is individual wells and individual sewage disposal systems are used, the minimum lot size shall be two acres. Minimum lot width shall be two hundred feet.

2. Where an adequate public water supply and individual sewage disposal systems are used, the minimum lot size shall be twelve thousand five hundred square feet. Minimum lot width shall be ninety feet and minimum lot depth shall be one hundred and twenty feet.

3. Where adequate public water supply and adequate public sewer lines are used, the minimum lot size shall be eight thousand square feet. Minimum lot width shall be seventy feet.

4. For purposes of computing the size of lots in subsections (A)(1), (A)(2) or (A)(3) of this section, shall be the applicable lot size for the Rural I land use area of the Skamania County comprehensive land use plan.

B. 1. For purposes of computing the size of lots in subsection (A)(1) of this section, the lot area may include public road rights-of-way and private road easements; provided said rights-of-way and easements shall not exceed sixty feet in overall width for purposes of lot area computation.

2. For purposes of computing the size of lots in subsections (A)(2) and (A)(3) of this section, the lot area may not include public road rights-of-way and private road easements;

C. In any of subsections (A)(1) through (A)(4) of this section, the lot depth should not exceed the lot width by more than a ratio of four to one, four being the depth. Access panhandles shall not be taken into account as part of the area calculations relative to minimum lot sizes indicated above.

(Ord. 2004-01 (part))

17.64.160 Access requirements.

A. Every lot shall be provided with satisfactory access by a public road or private road connecting to an existing public road, over an easement that is permanent and inseparable from the lot served.

B. Double frontage lots shall be designed with an easement at least ten feet wide to be dedicated along the lot lines abutting a road which has been designated an arterial by the county engineer, across which there shall be no right of access for the general public or adjoining property owners.

C. Lots adjacent to a road which has been designated an arterial by the county engineer may require access other than the arterial road if an unsafe condition exists. A short subdivision containing lots adjacent to a designated arterial shall not be approved unless the short plat recites a waiver of the right to direct access to the arterial.

(Ord. 2004-01 (part))

17.64.175 Roads– Public and private.

A. Where a short subdivision abuts a public road having insufficient width to conform to current county public road standards, dedication of sufficient additional right-of-way to Skamania County may be required within the boundary of the designated lots of said short subdivision, if it can be demonstrated that said dedication is in the public interest or that the road is unsafe and/or the road in question is scheduled for right-of-way acquisition in conjunction with improvements under the current six-year road plan.

B. Public and private roads shall be developed in accordance with the Skamania County public or private road standards.

C. The construction, maintenance and snow removal of private roads are the responsibility of the short plat subdivider or land owner(s). Skamania County is in no way obligated for maintenance or snow removal until the roads meet county public road standards and are accepted by the board as a county road. Development of private roads to meet the standards for acceptance by the board as a county road is the responsibility of the land owner(s).

(Ord. 2004-01 (part))

17.64.190 Water supply and sanitary sewer systems.

All facilities and devices of water supply and sanitary sewer systems shall meet the standards of the local health authority and any local or state regulations.

(Ord. 2004-01 (part))

17.64.200 Utility and drainage easements.

A. Easements for electric, telephone, water, gas and similar utilities shall be of sufficient width to assure maintenance and to permit future utility installations.

B. Easements for drainage channels and ways shall be of sufficient width to assure that the same may be maintained and improved. Easements for storm sewers, where utilized, shall be provided and shall be of sufficient width and proper location to permit installation and maintenance.

(Ord. 2004-01 (part))

17.64.205 Sidewalks.

Sidewalks may be required to be constructed in conjunction with short subdivision public and private roads in areas of the county where school bus service is not provided and students walk to and from school.

(Ord. 2004-01 (part))

17.64.210 Re-subdivision restrictions.

Lots within a short subdivision, approved within five years immediately preceding, may not be further divided until a final (long) plat of the re-subdivision has been approved and filed for record pursuant to Skamania County Code, Title 17, Subdivisions, Chapters 17.04 through 17.60 inclusive. When the original short subdivision contains less than four lots, the above prohibition shall not apply to the creation of additional lots, not to exceed a total of four within the five year period.

(Ord. 2004-01 (part))

17.64.230 Enforcement.

A. No person, firm or corporation, or any agent of these, shall transfer, sell, or lease any land subject to the provisions of this chapter until a short plat has been approved and filed with the county auditor. When any person divides, or attempts to divide land subject to the provisions of this chapter without having secured approval or, prior to the filing of the short plat with the county auditor, the prosecuting attorney shall commence an action to enjoin further violations, or attempted violations, and to compel compliance with this chapter. The costs of such action shall be taxed against the person, firm, or corporation transferring, selling or leasing land.

B. No developmental permit (such as a septic tank permit, building permit, or road approach permit) shall be issued for any lot divided in violation of this chapter.

C. Any person, firm or corporation, or any agent of these who violates this chapter or RCW 58.17 relating to the sale, lease or transfer of any lot within a short subdivision, shall be guilty of a gross misdemeanor, and each sale, lease or transfer of each separate lot in violation of any provision of this chapter, shall be deemed a separate and distinct offense.

(Ord. 2004-01 (part))

17.64.241 Short plat alteration involving a public dedication.

A. When any person is interested in the alteration of any short plat that involves a public dedication or the altering of any portion thereof that involves a public dedication, except as provided in Section 17.64.040(F), that person shall submit an application to request the alteration to the hearing examiner. The application shall contain the signatures of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject short plat or portion to be altered. If the short plat is subject to restrictive covenants which were filed at the time of the approval of the short plat, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short plat or portion thereof.

B. Upon receipt of an application for alteration, the hearing examiner shall provide notice of the application to all owners of property within a short plat, and as provided for in Section 17.64.060. The notice shall establish a date for public hearing.

C. The hearing examiner shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the short plat, such land may be altered and divided equitably between the adjacent properties.

D. After approval of the alteration, the hearing examiner shall order the application to produce a revised drawing of approved alteration of the short plat, which after signature of the administrator, shall be filed with the county auditor to become the lawful plat of the property.

E. This section shall not be construed as applying to the alteration or replatting of any short plat of state-granted tide or shore lands.

(Ord. 2007-02 (part): Ord. 2004-01 (part))

17.64.242 Short plat alterations not involving a public dedication.

A. When any person is interested in the alteration of any short plat that does not involve a public dedication or the altering of any portion thereof which does not involve a public dedication, except as provided in Section 17.64.040(F), that person shall submit an application to request the alteration to the short plat administrator. The application shall contain the signatures of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject short plat or portion to be altered. If the short plat is subject to restrictive covenants which were filed at the time of the approval of the short plat, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short plat or portion thereof.

B. Upon receipt of an application for alteration, the short plat administrator shall provide notice of the application to all owners of property within a short plat, and as provided for in Section 17.64.060.

C. The short plat administrator shall determine the public use and interest in the proposed alteration in the same manner as provided in Section 17.64.100 and may deny or approve the application for alteration in the same manner as provided in Section 17.64.125. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the short plat, such land may be altered and divided equitably between the adjacent properties.

D. After approval of the alteration, the short plat administrator shall order the applicant to produce a revised drawing of the approved alteration of the short plat, which after signature of those officers as required in Section 17.64.125, shall be filed with the county auditor to become the lawful plat of the property.

E. This section shall not be construed as applying to the alteration or replatting of any short plat of state-granted tide or shore lands.

(Ord. 2004-01 (part))

17.64.243 Short plat vacation.

A. Whenever any person is interested in the vacation of any short plat or any portion thereof, or any area designated or dedicated for public use, that person shall file an application for vacation with the hearing examiner. The application shall set forth the reasons for vacation and shall contain signatures of all parties having an ownership interest in that portion of the short plat subject to vacation. If the short plat is subject to restrictive covenants which were filed at the time of the approval of the short plat, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the short plat or portion thereof.

B. When the vacation application is specifically for a county road, the procedures for road vacation in Chapter 36.87 RCW shall be utilized for the road vacation. When the application is for the vacation of the short plat together with the roads and/or streets, the procedure for vacation in this section shall be used, but vacations of roads may not be made that are prohibited under RCW 36.87.130.

C. The hearing examiner shall give notice as provided in Section 17.64.060 and shall conduct a public hearing on the application for vacation and may approve or deny the application for vacation of the short plat after determining the public use and interest to be served by the vacation of the short plat. If any portion of the land contained in the short plat was dedicated to the public for public use or benefit, such land, if not previously deeded to the county, shall be deeded to the county unless the hearing examiner shall set forth findings that the public use would not be served in retaining title to such lands. Any vacation of land that was deeded to the county must first receive a letter of authorization to vacate from the board of county commissioners.

D. Title to the vacated property shall vest with the rightful owner as shown by county records. If the vacated land is land that was dedicated to the public, for public use other than a road and the hearing examiner has found that retaining title to the land is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the hearing examiner. When the road that is to be vacated was contained wholly within the short plat and is part of the boundary of the short plat, title to the vacated road shall vest with the owner or owners of property contained within the vacated short plat.

E. This section shall not be construed as applying to the vacation of any plat of state-granted tide or shore lands.

(Ord. 2007-02 (part): Ord. 2004-01 (part))

Chapter 17.68
CONVEYANCES

Sections:

17.68.010 Notification of subdivision or exemption.

17.68.020 Acceptance by public agency– Signature verification.

17.68.030 Boundary line adjustments.

17.68.010 Notification of subdivision or exemption.

The county auditor, from and after the effective date of the ordinance codified in this chapter, shall not accept any instruments of sale or conveyances of land existing outside the corporate limits of any town or city for filing or recording until, in addition to those items required to be furnished by the prospective recorder from the county treasurer's office, there appears, together with the instrument to be recorded, a notation in a form designed by the county assessor showing indication by the county assessor or her duly authorized representative that the property which is the subject matter of the instrument either contains the same legal description as a previously recorded deed, is a lot created by a recorded subdivision or short subdivision, or contains the stamp and initials as indicated in Section 17.68.030(G).

(Ord. 2004-01 (part): Ord. 1977-08 § 1)

17.68.020 Acceptance by public agency– Signature verification.

From and after the effective date of the ordinance codified in this chapter, the county auditor shall not accept for recording or filing any purported conveyance to the public of roads, parkways or other parcels of land without evidence that some public agency has agreed to accept the conveyance; i.e., in the case of roads, the agency shall be the county road department, in the case of streets, the agency shall be the city council, and in the case of parks, the agency shall be the county parks department. In all other cases, if the agency responsible for the acceptance of the conveyance is not readily available on the face of the instrument, or any question exists as to the proper official's signature, the county auditor's office shall verify the same and may rely with acquittance on advice from the office of the prosecuting attorney as to an acceptable signature.

(Ord. 2004-01 (part): Ord. 1977-08 § 2)

17.68.030 Boundary line adjustments.

A. Conveyance shall be titled "Boundary Line Adjustment."

B. Conveyances shall state that the parcel being conveyed shall become a part of the parcel to which it is being added.

C. The conveyance shall contain the following wording:

The purpose of this deed is to affect a boundary line adjustment between adjoining parcels of land owned by the grantor and grantee; it is not intended to create a separate parcel, and is therefore exempt from the requirements of RCW 58.17 and the Skamania County short plat ordinance. The property described in this deed cannot be segregated and sold without conforming to the state of Washington and Skamania County subdivision laws.

D. A boundary line adjustment shall not be used to violate the short plat ordinance. For example, no boundary line adjustment shall allow an exempt twenty-acre lot to be reduced below twenty acres in size.

E. A boundary line adjustment shall not be used to reduce the acreage of a conforming lot to below the minimum lot size.

F. A non-conforming lot within or outside of a zoned area may be reduced in size but all resulting lots shall at a minimum meet the requirements of Section 17.64.155(A).

G. If the administrator determines that the above has been met, then the administrator shall stamp the deed with a stamp that generally states that the deed is in compliance with the county's subdivision ordinance, and then initial at the bottom of each page of the deed.

H. No deed shall be recorded with the auditor's office unless that deed contains the same legal description as a previously recorded deed, is a lot created by a recorded subdivision or short subdivision, or contains the stamp and initials as indicated in subsection G of this section.

(Ord. 2004-01 (part): Ord. 1992-08 (part))