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HomeMy WebLinkAboutOrdinance 97-190-CC� r5 a y ORDINANCE NUMBER 97-190-CC AN ORDINANCE RELATING TO SHORT PLATS AND SHORT SUBDIVISIONS WHEREAS, Protection of the public health, safery and general welfare requires that the division of any land into four lots or less shall proceed in accordance with standards herein to prevent the overcrowding of land; to lessen congestion of streets and highways; to provide adequate space, light and air; to provide adequate facilities for water, sewage, solid waste, utilities, parks and recreation areas, sites for schools and school grounds, and other public and general uses; to provide for proper ingress and egress; and to require conveyancing by accurate legal description; and WHEREAS, This Board had enacted an ordinance regulating the division of any land into five or more lots in the unincorporated areas of Grant Counry, and has been vested with authority, by Chapter 58.17 Laws of 1974, First Ex. Sess., to regulate what are referred to in the said statute as short subdivision and short plats; and WI3EREAS, This Legislative Authority of Grant County deems the controls, standards, and procedures set forth in this ordinance to be essential to the protection of the public health, safery and general welfare of the citizens of Grant County; and the adoption thereof to be in the public interest. WHEREAS, The Grant County Planning Commission on October 1, 1997 held a public hearing in the matter of updating the existing Grant County Short Plat Ordinance. WHEREA�, The Grant County Commissioners on October 27, 1997, November 10, 1997, and November 17, 1997 held public hearings in the matter of updating the existing Grant County Short Plat Ordinance. WHEI�AS, The Grant County Commissioners on November 17, 1997 upheld the recommendation of the Grant County Planning Commission in the matter of updating the existing Grant County Platting and Subdivision Ordinance. NOW THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON: SECTION 1. APPLICABILITY Any division of land for the purpose of rent, lease, or sale into four lots, parcels or tracts or less within the unincorporated area of Grant Counry shall proceed in compliance with this ordinance except as provided in Section 2 Exemptions below. SECTION 2. EXEMPTIONS: The provisions of this ordinance shall not apply to: 1. Any cemetery or burial plot, while used for that purpose. 2. Any division of land in which the smallest lot created by the division equals 40 acres or more in area. 3. A division made for the purpose of alteration by adjusting boundary lines, between platted and unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site or division which is reduced in size below the minimum square footage required by an applicable zoning control. 4. Any division made by testamentary provision or the laws of descent. 5. Any division made in compliance with the platting and subdivision ordinance dealing with five (5) or inore lots. 6. The division of unplatted land into two (2) parcels except where the land d is located in the Agricultural Zoning District; provided any subsequent division of either of the two (2) parcels within a five (5) year period shall require a short plat or major plat in conformance with the minimum lot size requirements in the applicable zoning district, and this ordinance or the Grant County Platting and Subdivision Ordinance._ 7. The division or segregation of unplatted land for an owner occupied residence pursuant to Section V(B) (8) of the Grant County Zoning Ordinance; provided any subsequent division of either of the two (2) parcels within a five (5) year period shall require a Short Plat or Major Plat in conformance with the minimum lot size requirements of the Agriculture Zone, and this ordinance or the Grant County Platting and Subdivision Ordinance. 8. Binding Site Plans: The division of land into lots or tracts classified for industrial or commercial use for sale or lease of commercially or industrial zoned property pursuant to the requirements of RCW 58. 17. 035 and the Grant County Binding Site Plan Ordinance. 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 pursuant to RCW 58.17.035 and the Grant County Binding Site Plan Ordinance. Condominium Binding Site Plans Pursuant to RCW 58.17.035, RCW 58.17.040, RCW 64.32, RCW 64.34 and the Grant County Binding Site Plan Ordinance. SECTION 3. DEFIlVITIONS Whenever the following words and phrases appear in this Ordinance they shall be given the meaning attributed to them by this Section. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular; the word "sha11" is always mandatory, and the word "may" indicates a use of discretion in making a decision. Administrator: is the Grant County Planning Director, or person(s) duly authorized by said official�s. 2. Allev is a strip of land dedicated for public use providing vehicular and pedastrian access to the rear side of properties which abut and are served by a public or private road. An alley can not be used for the sole legal access to any parcel of land. Block is a group of lots, tracts or parcels within well defined and fixed boundaries. 4. Board: is the legislative authoriry of Grant County. Commission: is the Board of County Commissioners. 6. Com�rehensive Plan: is the current Comprehensive Plan of Grant Counry adopted by the Board pursuant to state law. 2 7. Cul-de-sac is a road closed at one end by a circular area (with a fifty (50) foot im�roved radius or as approved) for turning vehicles around. 8. Dedication is the deliberate appropriation of land by an owner for any genaral 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. Dedications in an undivided interest status shall also be considered as a public use as it relates to the users and inhabitants of the plat. The intention to dedicate shall be evidenced by the owner by the presentation for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the Board of County Commissioners of Grant County. 9. De�artmenC Head is the Planning Director. 10. Easement; is a perpetual grant by a properry owner to specific persons or to the public to use land for a specific purpose or purposes. 11. Final Plat is the final drawing of the subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and reyuirements set forth in Chapter 234, Laws of 1974, First Ex. Session, and in this Ordinance adopted pursuant thereto. 12. Lease; for the purpose of this ordinance, is contract between the owner and lessee giving the right to use the land for more than 10 years. 13. Lot: is a fractional part of subdivided lands having fixed boundaries being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts and parcels. 14. Minor Revision shall mean a minor adjustment to the preliminary plat based upon the comments received from agencies with jurisdiction or corrections to the engineering of the layout of the plat. The decision as to whether any modification to a complete application is a minor revision sha11 be deterinined by the Grant County Planning Director or his/her designee. 15. Performance Bond is an executed bond or other acceptable security, in an amount acceptable to the Board, to assure full and final completion of all required improvements within the specified time. 16. Planning Commission is the Grant County Planning Commission. 17. Planning Department is the planning agency legally constituted by the Board to deal with planning in Grant County. 18, Plat is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, roads and alleys or other divisions or dedications. 19. Preliminary Plat is a neat and approximate drawing of a proposed subdivision showing the general layout of roads and alleys, lots, blocks, as set forth in Chapter 234, Laws of 1974, First Ex. Session, and in this ordinance adopted thereto. 3 20. Private Road: is a right-of-way for vehicular circulation not owned, improved or maintained by Grant County. 21. Public Road is a full width 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, public open space and recreation areas, cut and fill slopes, and drainage. 22. Rental Unit Subdivision includes mobile home parks, R. V. parks, travel trailer and camping parks and other kinds of land developments deemed similar by the Planning Commission where parcels of land are offered on a rental or lease basis and where no land is offered for sale. 23. Re�roducible Material shall mean legibly drawn, printed or reproduced by a process guaranteeing a permanent tecord on a translucent stock, either polyester film or tracing cloth, with an opaque line suitable for reproducing on a diazo process type machine. Acetate not acceptable. Diazo process paper intermediates will not be acceptable for recording purposes. Plats submitted with any infoxmation taped or attached by staples or similar means will not be accepted for recording p�zrposes. 24. Short Plat: is a document consisting of a map of a short subdivision together with written certificates, dedications and date. 25. Short Subdivision: is the division of land into four or fewer lots. 26. Subdivider is a person, including a corporate person, who undertakes to create a subdivision. (Synonymous with Developer) 27. Subdivision is the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or rent and shall include all resubdivision of land. 28. UnplatCed: Land which has not been involved in the formal platting process whereby a final drawing of a subdivision and dedication has been prepared and filed with the Grant County Auditor showing the general layout of streets, lots, blocks, and other elements of a subdivision consistent with this ordinance or Grant County Platting and Subdivision Ordinance, and RCW 58,17. 29. V�.a,� is something other than a road, street, or alley which provides vehicular or pedestrian circulation or principal means of access to abutting properties. SECTION 4. PROCEDURE - ADMINISTRATOR' S DUTIES The Grant County Planning Director or his/her designee referred to in this ordinance as the Administrator, is vested with the duty of administering the provisions of this ordinance and with authority to summarily approve or disapprove short plats. The Administrator may prepare and require the use of such forms and application fees as required by the Grant County Local Project Review Ordinance. SECTION 5. PROCEDUR� - APPLICATION AND FEE Any person desiring to divide land situated within an unincorporated area of Grant County into four lots or less in which Che smallest lot created by the division equals less than 40 acres for the purpose of lease or sale shall submit an application for short plat approval to Che Administrator. The application shall be accompanied by a file fee as required by Grant County Ordinance. 4 SECTION G. PROCEDURE - PLATS AND PLANS REQUIRED. Every preliminary short plat shall consist of one or more maps, the horizontal scale of which will be 100' to the inch or another scale that is acceptable as determined by the Planning Department; contour scale (when applicable) sha11 be at five (5) foot intervals, together with written data in such form that when the maps and written data are considered together they sha11 fully and clearly disclose the following information. 1. The name of the proposed short subdivision. 2. The full legal description of land contained within the subdivision. 3. The names, addresses, and telephone numbers of all persons, firms, and corporations holding interests in said land. 4. The name, address, telephone number and seal of the registered land surveyor who made, or under whose supervision was made, a survey of the proposed short subdivision. 5. The complete date of the survey. 6. The boundary lines of the proposed subdivision. 7. All existing monuments and markers. 8. The boundaries and approximate dimensions of all lots within the proposed subdivision; together with the numbers proposed to be assigned each lot and block. 9. The location, names and width of all axisting streets, roads, rights-of-way and easements within the proposed subdivision and adjacent thereto. 10. The location and, where ascertainable, sizes of all permanent buildings, wells, water courses, bodies of water, all overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over or under the land proposed to be subdivided. 11. Contour lines of (sufficient intervals to show the topography 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 Public Works Director (this may ba omitted if acceptable by the Public Works Director). 12. A layout of proposed roads, alleys, utility mains, and parcels proposed to be dedicated or reserved for public use. 13. Plans of proposed water distribution system, sewage disposal system, wells, sanitary control areas, irrigation and drainage systems (as required) indicating locations. 14. A sketch of the general vicinity at least 800' in all directions from which the land proposed for subdivision lies, upon which are identified owners of the land adjacent to tha subdivision and the names of any adjacent subdivisions. 15. A copy of all restrictive covenants proposed to be imposed upon land within the subdivision. 16. The approximate location of all existing houses within the area to be platted. 5 17. The preliminary plat shall also be accompanied by a separate Plat Certifi�ate showing true ownership of platted properry from a Title company licensed to do business in the State of Washington. 18. Location of any delineated wetland area and associated buffer areas as required by the Grant Counry Resource Lands and Critical Areas Development Ordinance 93-49-CC and the Washington State Department of Ecology. 19. A copy of the final plat drawing file on electronic media shall be provided to the Grant County Assessor in CAD format (.dwg) in accordance with Grant County Ordinance. The Subdivider shall inquire with the Auditor's Office as to the acceptability of the name of the final plat. No final plat shall be filed with the County Auditor's office containing the exact name as a previously filed plat or very similar name, as determined by the Counry Auditor. SECTION 7. ADEQUACY AND DISTRIBUTION OF PLATS AND PLANS If the Administrator determines that the proposed short plat contains sufficient elements and data to furnish a basis for its approval or disapproval, and that the surveyed drawing of proposed roads, utilities and other i�nprovements are adequate to aid the County Public Works Director in approving or disapproving the construction of future improvements, the Administrator shall affix a file number and date of receipt to the application and promptly forward the surveyed drawing of proposed roads, utilities and other improvements to the County Public Works Director. The Administrator shall promptly forward one copy of the proposed plat each to the County Public Works Department, County Health District, Public Utility District, Washington State Department of Transportation, County Assessor, Washington State Department of Ecology, and/or Washington State Department of Health, telephone and gas companies, Washington State Department oi Fish and Wildlife, affected Tribes, affected school district, United States Bureau of Recreation and Irrigation Districts where applicable. SECTION 8. PROCED�JI�E - NOTICE OF FII.ING Within fourteen (14) days after issuing a determination of completeness on proposed short plat or short subdivision applications, the Administrator shall give notice of the filing of a proposed short plat or subdivision as provided in accordance with the content requirements provided in the Local Project Permit Review Ordinance 24.06.010(A). SECTION 9. PROCEDURE - CONTENT OF NOTICE Any notice given pursuant to Section 7 sha11 recite. (1) The date of filing of the proposed short subdivision plat. (2) The legal description of the tract. (3) The name of the applicant. (4) The name, title and office address of the Administrator. (5) A copy of the short plat map. (6) A copy of the application. (7) A copy of the plat certificate. SECTION 10. APPROVAL - REVIEW BY AGENCIES Within iifteen days (15) following the filing of the proposed short subdivision plat: (1) The Grant County Health District shall notify the Administrator that water and sanitary sewage disposal methods contemplated for use in the proposed short subdivision do or do not conform to current standards. (2) The County Public Works Director shall notify the Administrator whether proposed roads, 6 utilities and other improvements do or do not conform to current standards; and that the survey does or does not conform to standard practices and principles of land surveying. (3) All other offices to which a copy of the proposed short subdivision plat has been submitted inay make their needs known to the Administrator and shall be considered prior to plat approval. SECTION 11. APPROVAL - TIME LIMITATION The Administrator shall make a decision not later than Ninety (90) Days following the issuance of a determination of completeness and in conformance with the time limitations of the Local Project Review Ordinance and RCW 58.17. The Administrator shall determine whether the proposed short subdivision and short plat satisfy the requirements of this ordinance, and whether the proposed short subdivision will serve the public use and interest. No Short Plat shall be approved unless the County makes formal written findings of fact that the proposed short subdivision is in conformance with all applicable zoning ordinances and other land use controls, A plat that has been approved by the County tnust be filed five (5) years from the date of the resolution approving the short plat. If the plat is not filed within the five (5) year period; it shall be declared null and void. An one (1) year extension to the five (5) year time period may be granted by the Administrator. All requests for an extension to the time period must be filed with the Administrator at least thirty (30) days prior to the expiration date of the plat approval. SECTION 12. APPROVAL - FILING, DEDICATION When the short plat or short subdivision containing a dedication is submitted, the Board of County Coirnnissioners must approve of the dedication before the final plat may be filed. All dedications shall be noted on the face of the short plat. The final short plat shall be submitted to the Planning Department for recording with the Auditor's Ofiice. A short plat shall not be deemed "approved" until so filed with the County Auditor. SECTION 13. DISAPPROVAL - NOTIFICATION If the Adrninistrator disapproves the proposed short plat or short subdivision, the administrator shall notify the subdivider in writing of the speciiic reasons for disapproval. S�+ CTION 14. DYSAPPIZOVAL - NOTIC�+ OF E�lPI�EAL An appeal to tha Administrators decision must be filed in accordance with the procedures of appeal contained in the Grant Counry Local Project Review Ordinance. SECTION 15. DISAPPROVAL - APPEAL PROCEDURE, MEETING DATE The Adrninistrator shall immediately transmit a notice of appeal, together with a copy of the proposed short plat, copies of all reports received by the Administrator, and a copy of the Administrator's letter of disapproval to the Board of County Commissioners. The Board of County Commissioners shall at its regular meeting, set the date for consideration of the appeal at an open record public hearing. SECTION 16. DISAPPROVAL - APPEAL HEARING DECISION In reviewing an appeal, the Board of County Commissioners sha11 consider all matters submitted by the Administrator together with such other evidence as it deems relevant, and shall either affirm or reverse the Administrator's decision, or remand the matter for further investigation by the Administrator. SECTION 17. DISAPPROVAL - RECONSIDERATION OF APPEAL If the Administrator disapproves an application on remand from the Board of County Commissioners, the Board shall, either affirm or reverse the Administrator's decision at a closed record appeal hearing. SECTION 18. APPROVAL - APPEAL BY OTHERS Following the Administrator's approval of the proposed short plat and short subdivision any interested person may iile notices of appeal 7 with the Administrator; or the Clerk of the Board of Counry Commissioners in accordance with the procedures of appeal contained in the Grant County Local Project Review Ordinance, Only the following shall be deemed interested persons for the purpose of this section. (1) Any public officer or agency. (2) Any person who holds or owns a substantial interest in the property situated within 750 ft. of any boundary of the proposed short subdivision or short plat. SECTION 19. DEDICATIONS - REQUIRED No short plat shall be approved unless adequate provision is made in the short subdivision for such drainage ways, roads, and other general purposes as may be required to protect the public health, safety and welfare. No short plat shall be approved unless adequate provision is made in tha short subdivision for considering sidewalks and/or other planning features that assure safe walking conditions for students who walk to and from school. SECTION 20. DESIGN - CONFORMANCE TO COMPREHENSIVE PLAN AND ZOIVING All short subdivisions sha11 conform to the Grant Counry Comprehensive Plan, zoning controls, and all other applicable local, state, and federal laws in effect at the time a shoxt plat is filed for approval. SECTION 21. DESIGN - EASEMENTS Easements shall be granted to assure that land within each short subdivision is adequately drained and that all lots can be provided with watier, fire protection and utilities. Where applicable, all lots shall be provided with irrigation easaments as required by the jurisdictional irrigation district and/or the United States Department of Tnterior, Bureau of Reclamation. SECTION 22. DESIGN - ACCESS TO LOTS Every lot shall be provided with an adequate public or private access connecting to an existing improved public road as required by the Grant County Public Works Director/County Engineer. SECTION 23 SUMMARY REVIEW CRITERIA All applications for short plat shall follow the procedures for pre-application review and acceptance by the Administrative Official outlined in the Grant County Local Project Review Ordinance Section 24.05. SECTION 24. SURVEY STANDARDS Every subdivision of land shall be surveyed by, or under the supervision of a registered land surveyor. The preparation of preliminary and final short plats thereof shall be certified on the plat by said registered land surveyor that it is a true and correct representation oP the lands actually surveyed, where applicable. All surveys shall conform to the practices and principles for land surveying of the State of Washington. SECTION 25. SURVEY - MONUMENTS AND MARKERS A11 permanent monuments within the subdivision shall be located and described as shown on the plat and all controlling corners on the boundaries of the short subdivision shall be marked with a 3/4" x 18° long galvanized iron pipe or approved equivalent driven into the ground. All monuments and markers shall be shown on the face of the plat. SECTION 26 SURVEY - SURVEY NOTES, ACCURACY. The surveyor shall furnish the Public Works Department with a full set of survey notes, which shall clearly show: 1. The ties to each permanent monument; regardless of the size of the plat, section lines shall be shown with bearings and distances at one-half (1/2) mile intervals; 2. All existing monuments shall be shown on the plat; 3. At least three durable, distinctive reference points or monuments; 8 4. Sufficient data to determine readily the bearing and length of each line; 5. The base meridian referred to; 6. Statement as to Datum used; 7. A traverse of the boundaries of the subdivision and all lots and blocks shall close within an error of one foot in 5,000 feet, or third order. SECTION 27 SURVEY - ORIENTATION OF THE SUBDIVISION. Primary survey control point shall be referenced to section corners and monuments. Corners of adjoining subdivisions or portions thereof shall be identified and ties shown. SECTION 28 SURVEY - PERMANENT CONTROL MONUMENTS. Permanent control monuments shall be established at: 1. All controlling corners on the boundaries of the subdivision; 2. The intersections of center lines of roads within the subdivision; 3. The beginning and ends of curves on center lines; 4. A11 block corners. Upon prior approval of the Public Works Department permanent control monuments may be placed on offset lines. The position and type of every permanent monument shall be noted on all plats of the subdivision. Permanent control monuments shall be 3/4" x 30" galvanized iron pipe including cap, driven into the ground and encased in six (6) inches of concrete. A monument case shall be furnished and placed over all monuments when set in oiled roads. In graveled roads, monument cases may be omitted. SECTION 29 SURVE�' - PERMANE1oTT CON�ROL MONiTMENTS Il� ROADS. Permanent control monuments within the streets 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 include the cost to place the required monumentation and also be sufficient to pay the costs of repairing the roadway prior to actual use by the residents in the plat. SECTION 30 SURVEY - LOT CORNERS. Every lot corner shall be marked by a 3/a" by 18" long galvanized iron pipe or approved equivalent driven into the ground. SECTION 31 SURVEY - PROPERTY CONTIGUOUS TO WATER. 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. 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. SECTION 32. DEDICATIONS Land for public use inay be acquired by: (1) Dedicating land for public use. (2) By reserving land for future public acquisition and development. (3) By conveying land or easements therein to nonproiit corporations for use by all or a limited 9 segment of the public. SECTION 33. DEDICATIONS - SHOWN ON THE FACE OF SHORT PLAT Ail dedications and reservations shall be clearly and precisely recited on the face of the plat map filed with the Grant County Auditor's Office. SECTION 34. SHORT SUBDIVISIONS - FINAL PLAT STANDARDS Every short plat required to be recorded with the Auditor shall consist of one or more pages clearly and legibly drawn on reproducible material and shall contain a map of the short subdivision. The Plat shall be produced on a 18" X 2A" sheet; the horizontal scale of which shall be 100 ft. to the inch (1" - 100') together with written data in such form that when read together, disclose the following information: (1) The legal description of the land. (2) The names, addresses and telephone numbers of all persons holding interest in the land. (3) The name, address, telephone number and seal of the registered land surveyor who made, or under owner whose direction was made, a survey of the subdivision. (4) The date of the survey. (5) The boundary lines of the short subdivision. (6) The boundaries of lots within the short subdivision. (7) The location of roads and existing important natural features and improvements within the short subdivision. (8) A layout of roads and easements. (9) The boundaries of all parcels dedicated or reserved for public or cormnunity uses. (10) P1ans of proposed water distribution systems, sewage disposal systems, drainage systems, utility and irrigation easements when applicable. (11) A certificate bearing the typed or printed names of all persons having an interest in the divided land, signed and acknowledged by them before a Notary Public which: (a) States their consent to the division of 1and. (b) Recites a dedication by them and their successors of all claims for damages against any governmental authority. (c) Grants a waiver by them and their successors of all clairns for damages against any governmental authority. (12) The approval of the Administrator. (13) Total acreage within the short subdivision. (14) The size of each lot in square feet and/or acres. (15) The number and/or letter of each lot. (16) Space for signatures of Grant Counry Treasurer, Grant Counry Auditor, Grant County Planning Director, Grant Counry Fire Marshal Grant County Assessor, Grant County Engineer, and Grant County SaniCarian. (17) The approval of the Trrigation District and United States Bureau of Reclamation, where applicable. (18) The approval and space for signatures for the Board of Counry Commissioners; Chairman, Clerk of the Board; and the Counry Engineer. A copy of the final plat drawing file on electronic media shall be provided to the Grant County Assessor in CAD format (.dwg) in accordance with Grant County Ordinance. The Subdivxder shall inquire with the Auditor's Office as to the acceptability of the name of the final plat. No final plat shall be filed with the County Auditor's office containing the exact name as a previously filed plat or vary similar name, as determined by the County Auditor. 10 SECTION 35 WRITTEN APPROVAL FROM WASHINGTON STATE DEPARMENT OF ECOLOGY. Any short plat which is situated in a flood control zone as provided in chapter 86.16 RCW must have prior written approval from the Washington State Department of Ecology before submittal for review by Grant County and may not be filed with the Grant Counry Auditor's Office without said approval. SECTION 36. ILLEGAL TRANSFER - MISDEMEANOR It shall be unlawful for any person, firm or corporation to transfer, sell, or lease any land in violation of the requiraments of this Ordinance. Any person convicted of violating any provision of this Ordinance sha11 be guilty of a misdemeanor, and sha11 be punished by a fine of not more than $300.00 or by imprisonment in the county jail for a period not to exceed 90 days or both, for each said violation. SECTION 37. ILLEGAL TRANSFER INJUNCTIVE RELIEF Whenever land is divided in violation of the provisions of this Ordinance, or any person, firm or corporation transfers, sells, leases, or rents any part of such 1and, the Prosecuting Attorney may commence an action to enjoin further violations or attempted violations of this Ordinance by the said person, firm, corporation, or successors thereof, and to compel compliance with this Ordinance. SECTION 38. ILLEGAL TRANSFER - ASSURANCE OF DISCONTINUANCE The Prosecuting Attorney may accept a written assurance of discontinuance of any act or practice in violation of this Ordinance froin any person who has committed or is cormnitting such act or practice to be iiled with and approved by the Superior Court of Grant Counry. The assurance may include a promise to file a proposed short plat for approval and to satisfy all reasonable conditions required to affect its approval. Any willful failure to perform a promise contained in such an assurance shall constitute a separate misdemeanor, punishable to the same extent as other misdemeanors defined by this Ordinance. SECTION 39. ILLEGAL TRANSFER - DAMAGE RECOVERY FOR PURCHASER A transferee who cannot secure a building permit, septic tank permit or other developmental permit for the reason that his transferor failed to comply with any provision of this Ordinance may recover damages from his transferor, to include compensation for the loss of his bargain, actual costs of investigation and suit reasonable attorney's fees and such additional elements as the law allows. SECTION 40. UNAPPROVED SHORT PLAT - NOT TO BE RECORDED The Auditor shall refuse to accept for recording, any short plat which does not bear the Administrator's certificate of approval. Should a short plat be recorded 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 the Auditor's records. SECTION 41. METES AND BOUNDS FILINGS - AUDITOR TO QUESTION The County Auditor shall inquire of every person who tenders for recording a deed or contract for the sale of land in which appears one or more metes and bounds legal description of 1and, as to whether the land so described is a new division of a parcel of land or a boundary line adjustment. In the event that it is a new division or boundary line adjustment, or if the inquiry is not answered, the Auditor shall not accept the deed for recording. All requests for the creation and/or adjustment of parcel boundaries exempt form this ordinance must be processed by completion of a Segregation Application. This Segregation Application process enables the Administrator to determine if the division or boundary line adjustment is an exempt division as described in Section Two of this ordinance. It also allows the Administrator to determine if the proposed segregation or Boundary Line Adjustment complies will all local, state, and federal laws, including, but not limited to, RCW 58.17 and the Grant County Zoning Ordinance. Upon learning of any 11 recording of a deed in which a new division of a parcel or a boundary line adjustment is involved without the filing of a Segregation Application , the Administrator shall investigate the same to determine whether a division of land is in violation of this Ordinance or any other local, state, or federal law. If a violation of any law has indeed taken place, the Administrator sha11 notify the Grant County Prosecuting Attorney's Office of the violation. The creation of a parcel by means of a metes and bounds description does not guarantee that development permits will be issued. SECTION 42. NEW SEGREGATION - ASSESSOR TO NOTIFY ADMINISTRATOR The Assessor shall promptly notify the Administrator of every new segregation of land made upon the Assessor's records. SECTION 43. RE-SUBDIVISION REQUIREMENTS Land within a short subdivision, the short plat of which has been approved within five years immediately proceeding may not be further divided until a final plat thereof has bean approved and filed for record pursuant to the Ordinance dealing with subdivision of five or more lots. SECTION 44. SEVERABILITY If any provision of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or the application of this provision to other persons or circumstances shall not be affected. SECTION 45. No land segregation's will be allowed which do not comply with the requirements of applicable local, state , or federal laws, including minimum lot size and set back requirements, except as specified in the Grant Counry Zoning Ordinance, Section V(B) (8), Section V(B) (10), or promulgated exemptions to the Grant County Short Plat or Long Plat Subdivision Ordinances. SECTION 46 SEVERABILITY If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of this ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION 47 REPEALER A11 previous regulations and rules and/or ordinances relatin� to the subdivision and platting or land adopted prior to this ordinance, are repealed, effective as of the effective date of this ordinance. 12 SECTION 48 EFFECTIVE DATE This ordinance sha11 become effective on November 24, 1997 Done this 24th day of November, 1997 ,� ..� L oy 1� n, �-hairman Helen Fancher, Member ,.�---.._ __.�.w .,. -Q�; . Tim Snea , Memb r ATTEST: �� �' � � Peggy Gr' ��� Clerk of the oard APPROVED AS TO FORM BY: Steven Hallstrom Deputy Prosecuting Attorney 13 Board of County Commissioners Grant County, Washington