Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.070 Reference to regulations, codes and standards.
16.04.080 Effect of filing completed application.
16.04.010 Short title.
This title shall be known as the Bridgeport subdivision ordinance and shall supplement and implement the state regulations of plats, subdivisions and dedications found in RCW Chapter 58.17. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.020 Authority.
Regulation of the subdivision of land, and the attachment of reasonable conditions thereto is a valid exercise of the police power as granted to the city by the state in RCW Chapter 58.17, as currently exists now, or may hereafter be amended. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.030 Purpose.
The purpose of this title is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the city; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.040 Scope.
This title shall apply to every division or redivision of land for any purpose, except the following:
The provisions of this title shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is twenty acres or larger; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
C. Divisions made by testamentary provisions, the laws of descent;
D. Divisions of land into lots or tracts by means of a binding site plan as follows:
1. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with city ordinances,
2. A division for the purpose of leasing when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city has approved a binding site plan for the use of land in accordance with city ordinances; provided, that the sale or transfer of such lot, parcel or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of this title and shall be restrained by injunctive action and be illegal as provided in this title;
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 nor create any lot, tract, parcel or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site, provided, that in order to determine whether a boundary line adjustment meets the requirements for an exempt action, approval must be received from the plat administrator as set forth in Chapter 16.24.010 BMC;
F. Divisions of land into lots or tracts if:
1. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land,
2. The improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners; associations have a membership or other legal or beneficial interest,
3. The city has approved the binding site plan for all such land,
4. Such approved binding site plan is recorded in the county assessor’s office, and
5. The binding site plan contains thereon the following statement: “All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city of Bridgeport, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units thereon or their owners’ associations have a membership or other legal interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.” The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting form subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by the city:
i. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land, or
ii. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land, or
iii. If not approved pursuant to subdivisions (i) or (ii) of this subsection, then pursuant to such other procedures as the city may have established for the approval of a binding site plan. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.050 Administration.
A. Plat Administrator. The plat administrator, as defined herein, shall be responsible for the proper administration of this title and the interpretation of the regulations herein. The plat administrator may prepare and require the use of such forms that may be deemed necessary to the administration of this title.
B. Planning Commission. The planning commission shall be responsible for the review of applications associated with or governed by this title and not specifically the duty of the plat administrator and shall make recommendations concerning the approval, conditional approval or disapproval of such applications to the city council.
C. City Council. The city council is responsible for the approval of preliminary plats and final plats of subdivisions and for the adoption or amendment of this title. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.060 Fees.
A. Any person taking any of the following actions pursuant to the terms of this title shall pay the fees established by council resolution at the time of the filing of such action:
1. Filing of application for approval of a short subdivision;
2. Filing of application for approval of preliminary plat;
3. Filing of final plat;
4. Filing of notice of appeal by any person other than the applicant;
5. Filing of request for extensions of time for subdivisions and short subdivisions;
6. Filing of application for boundary line adjustment.
B. Fees for staff review or engineering services for review of shoreline permits, environmental impact statements, zone changes, plats, subdivisions and short subdivisions shall be paid by the applicant at the rates established by council resolution. (Ord. 493 (part), 1998: Ord. 382 § 1 (Exh. A (part)), 1990)
16.04.070 Reference to regulations, codes and standards.
References to specific statutes, codes and standards in this title shall include amendments to such statutes, codes and standards as they may hereafter occur. (Ord. 493 (part), 1998)
16.04.080 Effect of filing completed application.
A. A proposed division or subdivision of land, as defined in BMC Section 16.08.010, shall be considered under the subdivision code and zoning or other land use control ordinances in effect at the time of a fully completed application for preliminary plat approval or short plat approval.
B. The limitations imposed by this section shall not restrict the conditions imposed under the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, and the city SEPA regulations, Title 4 BMC. (Ord. 493 (part), 1998)