Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.030 Exemptions from platting regulations.
17.04.035 Pre-application conference.
17.04.040 Time limitations for approval or disapproval of plats – Extensions.
17.04.050 Compliance with state law and land use ordinance.
17.04.055 Effect of noncompliance.
17.04.005 Short title.
The ordinance codified in this title shall be known as “The Subdivision and Short Plat Ordinance” of the town of Concrete and shall hereafter be referred to by chapter and section. [Ord. 428 § 16.04.005, 1998]
17.04.010 Purpose.
The purpose of these chapters are to regulate the subdivision of land and to promote the public health, safety, and general welfare in accordance with standards established by the state. [Ord. 428 § 16.04.010, 1998]
17.04.015 Authority.
These regulations are established in accordance with the provisions of Chapter 58.17 RCW and should not preclude full compliance to Chapter 58.17 RCW. [Ord. 428 § 16.04.015, 1998]
17.04.020 Applicability.
(1) Every subdivision and short subdivision must comply with the provisions of this title.
(2) No person may subdivide or develop land within the town of Concrete except in accordance with the provisions contained in this chapter, unless specifically exempted from such provisions.
(3) No development permit will be issued for any parcel of land developed or divided in violation of the town of Concrete Shoreline Master Program.
(4) A building or development permit must be obtained before construction or development begins within any area of special flood hazard, in accordance with the applicable ordinances of the town of Concrete. [Ord. 428 § 16.04.020, 1998]
17.04.025 Binding site plans.
RCW 58.17.035 allows towns to adopt regulations allowing subdivision through binding site plan. Procedures for applicants wishing to subdivide commercial or industrial space for purposes of lease or sale through binding site plan are set forth in this title. [Ord. 428 § 16.04.025, 1998]
17.04.030 Exemptions from platting regulations.
Pursuant to Chapter 58.17 RCW, the provisions of this title shall not apply to:
(1) Cemeteries and other burial plots while used for that purpose;
(2) Divisions made by testamentary provisions, or the laws of descent;
(3) Divisions of land into lots or tracts classified for industrial or commercial use when the town has approved a binding site plan for the use of the land in accordance with town regulations;
(4) A division for the purpose of lease when no residential structure other than mobile homes or travel trailer are to be placed upon the land when a binding site plan has been approved for the use of the land;
(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; and
(6) Divisions of land into lots or tracts pursuant to RCW 58.17.040(7), if:
(a) The improvements constructed or to be constructed thereon will 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;
(b) The town, or county has approved a binding site plan for such land; and
(c) The binding site plan contains thereon the following statement: “All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. 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 therein or their owners’ associations have a membership or other legal or beneficial interest”; and provided, that all provisions of RCW 58.17.040(7) are satisfied.
Exemptions provided by this section shall not be construed as exemptions from compliance with other applicable development standards required by the Concrete Municipal Code. [Ord. 428 § 16.04.030, 1998]
17.04.035 Pre-application conference.
(1) An applicant may request a pre-application conference with the town planning director before submitting an application to discuss requirements and the review process.
(2) If an applicant requests consolidated permit processing, a pre-application conference is required. [Ord. 428 § 16.04.035, 1998]
17.04.040 Time limitations for approval or disapproval of plats – Extensions.
(1) Preliminary plats will be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date when a complete application is filed, unless the applicant:
(a) Agrees to an extension of the time period; or
(b) The 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3).
(2) If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period will not include the time spent preparing and circulating the environmental impact statement.
(3) Final plats and short plats will be approved, approved with conditions, denied, or returned to the applicant within 30 days from the date when a complete application is filed, unless the applicant consents to an extension of the time period.
(4) A final plat meeting all requirements of this chapter must be submitted by the applicant to the town council for approval within five years of the date of preliminary approval. [Ord. 428 § 16.04.040, 1998]
17.04.045 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings:
(1) “Binding site plan” means a drawing to a scale specified by local ordinance which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the town in approving the site plan; and (c) contains provisions making any development be in conformity with the site plan.
(2) “Block” means a group of lots, tracts, or parcels within well defined and fixed boundaries.
(3) “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.
(4) “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 chapter and in local regulations adopted under this chapter.
(5) “Lot” means a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
(6) “Ordinance” means the Concrete Municipal Code or ordinances.
(7) “Planning director” or “director” means the planner employed by the town of Concrete.
(8) “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.
(9) “Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
(10) “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.
(11) “Short plat” means the map or representation of a short subdivision.
(12) “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 provided in subsection (6) of this section.
(13) “Town engineer” means the engineer employed by the town of Concrete. [Ord. 428 § 16.04.045, 1998]
17.04.050 Compliance with state law and land use ordinance.
Every division of land shall comply with the provisions of Chapter 58.17 RCW and the provisions of this chapter. They shall conform to the comprehensive plan and all regulations, in effect at the time any preliminary plat is approved. Lots shall be of a size and dimension and have access adequate to satisfy the requirements of this title. [Ord. 428 § 16.04.050, 1998]
17.04.055 Effect of noncompliance.
No building 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 this title, unless the director finds that the public interest will not be adversely affected by the decision. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchaser’s or transferee’s property shall comply with provisions of Chapter 58.17 RCW and 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 or this chapter, including any amount reasonably spent as a result of any inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and this chapter as well as the cost of investigation, suit and reasonable attorney’s fees. A purchaser or transferee may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover costs of investigation, suit, and reasonable attorney’s fees. [Ord. 428 § 16.04.055, 1998]