Chapter 16.01
GENERAL PROVISIONS
Sections:
16.01.050 Exemptions from platting review.
16.01.070 Effect of noncompliance.
16.01.090 Violations and penalties.
16.01.010 Title.
A. Title. This title shall be called “Land Divisions and Adjustments.”
B. Chapter. This chapter shall be called “General Provisions.” (Ord. 1856 § 2 (Exh. B), 2018).
16.01.020 Application.
A. All land divisions, boundary line adjustments, and lot combinations shall be subject to the requirements of this title and the provisions of chapter 58.17 RCW.
B. Land divisions shall be classified as either “exempt” or “nonexempt.” A nonexempt division is a land division or adjustment subject to platting review. Nonexempt divisions include subdivisions and short subdivisions. Only those divisions and adjustments specifically classified by this title as exempt shall be considered exempt.
C. An exemption from platting review shall not be construed as an exemption from other applicable laws, regulations, and Burlington Municipal Code requirements. As specified in this title, some exempt land divisions and adjustments are subject to alternative review and approval requirements. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.030 Purpose.
A. To ensure land divisions and adjustments comply with the requirements of chapter 58.17 RCW.
B. To implement the Burlington comprehensive plan and carry out the requirements of the chapter 36.70A RCW, the Growth Management Act.
C. To ensure the public interest will be served by subdivisions, short subdivisions, and dedications, and to ensure that appropriate provisions have been made for the public health, safety and general welfare, and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, fire protection facilities, parks, playgrounds, and sites for schools and school grounds. Subdivisions and short subdivisions meeting all of the requirements of this title shall be construed to serve the public interest and be consistent with the above purposes.
D. Provide a means of conveying information to property owners or prospective buyers regarding restrictions and limitations on the use of land within a subdivision or short subdivision. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.040 Authority.
This title is adopted pursuant to chapters 36.70, 36.70A, 36.70B and 58.17 RCW as well as other applicable laws and regulations. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.050 Exemptions from platting review.
The following actions are classified as exempt and shall not require platting review:
A. Cemeteries and burial plots when used for that purpose;
B. Divisions made by testamentary provisions or the laws of descent, subject to compliance with chapter 16.70 BMC;
C. Binding site plans, when a binding site plan has been approved by the city and recorded with the auditor subject to compliance with chapter 16.30 BMC;
D. Divisions of land made for the sole purpose of providing sites for public and private utility facilities; provided, that any remaining lots are consistent with applicable zoning regulations, a record of survey depicting the division is recorded, and a covenant or deed restriction is recorded limiting the use of the utility site to utility purposes;
E. Boundary line adjustments which do not create any additional lot, tract, parcel, site, or division, or create a lot, tract, parcel, site, or division which does not comply with the minimum standards for area or dimension prescribed by the zoning code, subject to compliance with chapter 16.60 BMC;
F. Divisions of land due to condemnation, or sale under the threat of condemnation, by any agency or division of government, provided a record of survey depicting the division is recorded;
G. Existing parcels created by the establishment of public road rights-of-way prior to the adoption of applicable state platting laws or city platting regulations;
H. Existing parcels, created by the city or another municipal corporation prior to the effective date of this title, for port purposes, moorage, boat launches, parks, open space, critical area protection, conservation, or other public purposes;
I. Assessor’s combinations and segregations for purposes of taxation only. Such parcels shall not be recognized as separate legal lots for purposes of sale, lease, transfer, building, or permitting. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.060 Definitions.
For the purposes of interpreting this title the following definitions shall be used unless the context clearly indicates otherwise. If a word or term is not defined in this section, but is defined in BMC Title 17, the definition in BMC Title 17 shall be used. Words used in the singular include the plural, and words used in the plural include the singular. The word “shall” is always mandatory and the words “may” and “should” denote the use of discretion in making a decision.
“A”
“Auditor” or “auditor’s office” means the Skagit County auditor.
“B”
“Binding site plan” means a detailed recorded plan that divides land into individual lots for the purpose of facilitating commercial, industrial, or mixed-use development, or for the purpose of creating condominiums or a manufactured home park. Binding site plans are subject to the provisions of chapter 16.30 BMC.
“Binding site plan alteration” means a modification or change to a recorded binding site plan. This term also includes the vacation, or elimination, of a recorded binding site plan, a portion of a binding site plan, or any easement, dedication, or feature created by, or shown on the face of a binding site plan.
“Binding site plan amendment” means a minor modification or amendment to an approved preliminary binding site plan. Binding site plan amendments are submitted after the preliminary approval, but prior to the recording.
“Block” means a group of lots, tracts, or parcels within well-defined and fixed boundaries.
“Boundary line” or “property line” means a lot line as defined in BMC Title 17.
“Boundary line adjustment” or “lot line adjustment” means a division made for the purpose of adjusting boundary lines between platted or unplatted lots or both, which does not create an additional lot, tract, parcel, site, or division, or create a lot, tract, parcel, site, or division that does not comply with the minimum standards for area or dimension prescribed by the zoning code.
“C”
“Certificate of occupancy” means a written document issued by the governing authority in accordance with the provisions of the building permit. The certificate of occupancy indicates that, in the opinion of the building official, the project has been completed in accordance with the building and zoning codes. This document gives the owner permission from the authorities to occupy and use the premises for the intended purpose.
“City” means the city of Burlington.
“City engineer” means the Burlington director of public works or designee.
“Code” means the Burlington Municipal Code.
“Critical area,” for the limited purposes of interpreting this title, shall mean a wetland or fish and wildlife habitat conservation area as defined in chapter 365-190 WAC.
“Critical area buffer,” for the limited purposes of interpreting this title, shall mean the protective buffer or area required by BMC Title 14 for wetlands and fish and wildlife habitat conservation areas.
“D”
“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 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 appropriate governmental unit.
“Director” means the city administrator or designee.
“F”
“Final plat” means the final drawing of a subdivision or short subdivision prepared for filing for record with the auditor and containing all elements and requirements set forth in this title and chapter 58.17 RCW.
“I”
“Illegal lot” means a lot created in violation of the platting or zoning regulations in effect at the time of its creation or subsequent adjustment.
“Innocent purchaser” means the owner of a lot created in violation of the requirements of this title or chapter 58.17 RCW that purchased the property for value and in good faith, and did not have knowledge of the fact that the lot was divided from a larger parcel, or adjusted, in violation of this title or chapter 58.17 RCW.
“L”
“Legal lot” means a lot created in compliance with all of the platting and zoning regulations in effect at the time of its creation or subsequent adjustment. This term shall also include lots which have been certified by the city as legal lots in accordance with provisions of chapter 16.70 BMC.
“Long plat” means the plat of a subdivision.
“Lot” means a fractional part of divided lands having fixed boundaries. This term shall also include the terms “parcel,” “site,” and “tract.”
“N”
“Natural hazard,” for the limited purpose of interpreting this title, shall mean a critical aquifer recharge area, geologically hazardous area, or frequently flooded area as defined in chapter 365-190 WAC.
“P”
“Plat” means a map or representation of a subdivision or short subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
“Plat alteration” means a modification or change to a recorded plat. This term also includes the vacation, or elimination, of a recorded plat, a portion of a plat, or any easement, dedication, or feature created by or shown on the face of a plat.
“Plat amendment” means a minor modification or amendment to an approved preliminary plat. Plat amendments are submitted after the approval of a preliminary plat, but prior to the recording of a final plat.
“Platting review” means the review process set forth in chapters 16.10 and 16.20 BMC for subdivisions and short subdivisions. Platting review shall consist of both a preliminary and final review process.
“Preliminary plat” means a complete and accurate drawing of a proposed subdivision or short subdivision showing the general layout of the streets, alleys, lots, blocks, and other elements of the proposed subdivision or short subdivision required by this title.
“Preliminary plat approval” means the review and approval process specified in chapter 16.10 BMC for subdivisions and short subdivisions.
“R”
“Record” means to file for recording with the Skagit County auditor.
“S”
“Short plat” means the plat of a short subdivision.
“Short subdivision” means the division, or redivision, of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. This term does not include the redivision of a lot within the boundaries of a short plat, within five years of the recording date, if the redivision would have the effect of creating more than nine parcels within the original short plat boundaries.
“Subdivision” means the division, or redivision, of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. This term shall also include the redivision of a lot within the boundaries of a short plat, if the redivision occurs within five years of the date the short plat was recorded, and the redivision would have the effect of creating more than nine parcels within the original short plat boundaries.
“Surveyor” means a land surveyor licensed in the state of Washington.
“T”
“Testamentary division” means a division of land made by testamentary provisions, or the laws of descent. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.070 Effect of noncompliance.
No building permit or other development permit shall be issued for any lot created, divided, or adjusted in violation of Washington State law, or this title, unless the city finds that the owner of the lot is an innocent purchaser and that the public interest will not be adversely affected in accordance with the provisions of chapter 16.70 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.080 Liability.
It is the specific intent of this title to place the obligation of compliance upon the property owner or party subject to the provisions of the chapters contained within this title. Nothing contained in this title is intended to be or shall be construed to create or form the basis for liability on the part of the city of Burlington officers, employees or agents for any injury or damage resulting from the failure of the property owner or party subject to the provisions of the chapters contained within this title, to comply with the provisions of this title, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Burlington officers, employees or agents. This title is not intended to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by its terms. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.090 Violations and penalties.
All acts or omissions in violation of any provision contained within this title, or acts or omissions that cause or contribute to a violation of any provision contained within this title, are hereby determined to be detrimental to the public health, safety and general welfare and shall constitute a public nuisance. Further, as specified in chapter 1.24 BMC, such acts or omissions shall be subject to fines and abatement under chapter 8.12 BMC, criminal penalties as set forth in chapter 1.24 BMC, penalties for civil infractions as set forth in chapter 1.34 BMC, or civil violations as set forth in chapter 1.44 BMC. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.100 Appeal.
Appeals of decisions made pursuant to this title shall be filed and processed in accordance with the applicable procedures identified in BMC Title 14A. (Ord. 1856 § 2 (Exh. B), 2018).
16.01.110 Severability.
If any portion of this title is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other section of this title. (Ord. 1856 § 2 (Exh. B), 2018).