Division 9. Subdivisions
Chapter 17.140
GENERAL PROVISIONS
Sections:
17.140.010 Purpose and intent.
17.140.030 Boundary line adjustment – Procedure.
17.140.050 Contiguous parcels.
17.140.060 Improvement requirements.
17.140.070 Payment for services.
17.140.080 Abandoned orchard removal prerequisite.
17.140.090 Vested use limitation.
17.140.110 Transfer or construction prior to final plat approval.
17.140.120 Statutory authority.
17.140.010 Purpose and intent.
The purpose and intent of this division are to regulate the division of land and to promote the public health, safety, and general welfare in accordance with standards established by the town 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 the streets; to provide for adequate light and air; to facilitate adequate provision of water, sewerage, parks and recreation requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivision which conform to zoning standards and local plans and policies; to adequately provide for the housing and commercial needs of the citizens of the town; and to require uniform monumenting of land divisions and conveying by accurate legal description. (Ord. 536 § 1 (§ 31.01), 2000)
17.140.020 Exemptions.
Pursuant to RCW 58.17.040, the provisions of this division shall not apply to:
(1) Cemeteries and other burial plots, while used for that purpose.
(2) Divisions of land, in accordance with the applicable zoning density or lot size requirements, into lots or tracts each of which is one thirty-second of a section of land or larger, or 20 acres or larger if the land is not capable of description as a fraction of a section of land, unless the town of Coulee Dam adopts a subdivision ordinance requiring plat approval of such divisions; provided, that for purposes of computing the size of any lot under this section 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.
(3) Any division made by testamentary provisions or the laws of descent. Lots formed in this fashion must meet the requirements of all other ordinances and may or may not be buildable lots.
(4) 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, site, or division which contains insufficient lot area and dimensions to meet minimum requirements for width and lot area for a building site as contained in Division 5, as it now exists or is hereafter amended. For procedure on performing boundary line adjustments see CDMC 17.140.030.
(5) 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 local regulations.
(6) A division for the purpose of lease when no residential structure other than manufactured homes or recreational vehicles are permitted to be placed upon the land when the town has approved a binding site plan for the use of the land in accordance with local regulations.
(7) Divisions of land into lots or tracts if:
(a) 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.
(b) 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.
(c) The town has approved the binding site plan for all such land.
(d) Such approved binding site plan is recorded in the appropriate county assessor’s office.
(e) 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 town of Coulee Dam, 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 from 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 town:
(i) In connection with the final approval of a long 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 subsections (7)(e)(i) and (7)(e)(ii) of this section, then pursuant to such other procedures as the town may have established for the approval of a binding site plan.
(f) A division for municipal purposes when approved by the town council.
(8) Qualified Exemptions. The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this chapter have been met:
(a) A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
(i) Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same.
(ii) A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.
(b) A prior division of land as defined in Chapter 17.10 CDMC.
(c) Qualified Exemption Applications. Applications for qualified exemptions shall be submitted to the town on forms provided by the administrator and shall be accompanied by a nonrefundable application fee as set forth in the adopted town fee resolution. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt.
(9) Exemptions may be granted by the administrator for only those actions which do not contravene the spirit and intent of this title and the applicable state statutes. (Ord. 536 § 1 (§ 31.02), 2000)
17.140.030 Boundary line adjustment – Procedure.
Applications for a boundary line adjustment, which shall be accompanied by an application fee, shall adhere to the requirements of Division 10 and the following procedure:
(1) Boundary line adjustments may be performed between owners of contiguous lots which are legally separate, as allowed by CDMC 17.140.020(4); provided:
(a) The administrator certifies the following:
(i) No new lots are created. If you start with two parcels you must end up with two parcels.
(ii) The character of the parcels is not substantially altered. If a lot has access to a body of water, a boundary line adjustment may not be performed if the lot loses its access to the water.
(iii) The new parcel configurations contain sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site. A boundary line adjustment between existing nonconforming lots shall not result in lots of greater nonconformity with the exception of lot area. Lot reduction shall be the minimum necessary to accomplish the objective of the boundary line adjustment.
(iv) The new parcel configuration does not result in the loss of access to any public or private road. Access may be provided by easement noted on parcel deeds.
(b) All boundary line adjustments will be reviewed on a case-by-case basis following submittal of a completed application form. Approval of boundary line adjustments may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:
(i) A legal description of the parcels involved in the boundary line adjustment.
(ii) A legal description and appropriate drawing of sufficient accuracy and legibility to be recorded in the office of the Okanogan, Douglas or Grant County auditor. Said drawing must indicate the proposed new parcel boundaries.
(iii) A signature of all fee owners or authorized agents having authority to sign for properties involved in the boundary line adjustment.
(iv) The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator.
(v) Conveying document.
(c) The boundary line adjustment will not take effect until recorded in the office of the appropriate county auditor.
(2) A reconfiguration of the boundaries of property may be performed provided the administrator certifies the following for each procedure:
(a) A parcel consolidation of contiguous lots of the same ownership may be joined for tax purposes only provided the owner files a written request to be acknowledged by the administrator and filed with and approved by the applicable county assessor’s office.
(b) A parcel consolidation of contiguous lots of the same ownership may be joined and be considered one piece of property for development purposes provided the owner files a written request to be acknowledged by the administrator and filed with and approved by the Okanogan, Douglas or Grant County assessor’s office. Said consolidation parcels shall remain joined so long as the development exists.
(c) Previously platted property that has been consolidated for tax purposes and/ or planning purposes may have property lines recognized along said plat lines provided the development on each lot or groups of lots can be supported by the existing zoning, building, fire, and access codes at the time of reconfiguration. Said pieces of property may be considered as separate developable units.
(d) Open acreage parcels that have been joined under one tax parcel number may be separated and considered separate distinct parcels provided the owner can demonstrate:
(i) The property was joined for tax purposes only.
(ii) Separate legal descriptions have been recorded for each parcel that is less than minimum acreage platting exemption in existence of the time of the reconfiguration.
(iii) The development on each proposed parcel can be supported by the existing zoning, building, fire, and access codes at the time of reconfiguration. Said pieces of property may be considered as separate developable units.
(3) Recognition. The town may not recognize the property line adjustments for permitting purposes until such time as the owner furnishes a copy of the recorded action. (Ord. 536 § 1 (§ 31.03), 2000)
17.140.040 Floodplain land.
In accordance with RCW 58.17.120, no plat shall be approved by the town covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Washington State Department of Ecology. (Ord. 536 § 1 (§ 31.04), 2000)
17.140.050 Contiguous parcels.
Contiguous parcels of land in the same ownership, if previously platted or under a separate deed from one another, may be sold separately without constituting a land division, provided each lot sold separately meets the dimensional requirements of the zoning regulations. Where such contiguous parcels in the same ownership are further divided or divided differently, the entire ownership shall be included in the proposed land division. (Ord. 536 § 1 (§ 31.05), 2000)
17.140.060 Improvement requirements.
(1) Street, utility, lighting, and pedestrian way improvements in accordance with Chapter 17.175 CDMC are required for each short and long subdivision and shall be consistent with the size, nature and availability of existing improvements which serve adjacent lots and lots in the immediate vicinity of the proposed land division.
(2) Improvement requirements for each short and long subdivision shall be established by the administrator in conformance with CDMC 17.140.070. The administrator shall provide a written determination of improvements which will be required pursuant to the provisions of this section. Appeal of the administrator’s determination of required improvements may be had in the same manner as provided for by Division 10.
(3) In the event the required improvements for a short subdivision are of a lesser size, quality or availability than those improvements which would be required of a long subdivision pursuant to Chapter 17.175 CDMC, then each lot in the short subdivision shall be committed on the face of the short plat, as an obligation or covenant running with the land, to participate in future local improvement districts for the construction of improvements, in compliance with this chapter and Chapter 17.175 CDMC as they exist at the time the local improvement district is formed.
(4) Proposed subdivision and dedication shall not be approved unless the town legislative body makes written findings pursuant to RCW 58.127.110 that there are adequate facilities. (Ord. 647 § 1 (Exh. A), 2006; Ord. 536 § 1 (§ 31.06), 2000)
17.140.070 Payment for services.
When deemed necessary, the town may retain outside consultants to evaluate any phase of plat review and construction. The cost of such services shall be borne by the developer who shall be billed for the actual cost to the town. Billings shall be tendered and payable within 30 days. If the developer (subdivider) believes the costs to be unreasonable, an appeal may be made to the town council for their review and determination. (Ord. 536 § 1 (§ 31.07), 2000)
17.140.080 Abandoned orchard removal prerequisite.
Before final approval is given to any plat, removal of an abandoned fruit orchard within the plat may be required by the Okanogan, Douglas or Grant County pest and disease control board as a condition of approval in order to protect existing orchards from pest and disease associated with abandoned orchards; provided, that the recommendation may allow designated trees to remain standing on individual lots for the use and enjoyment of homeowners; provided, further, that an effective program of pest and disease control is carried out by the property owners on the remaining trees pursuant to Chapter 15.08 RCW, as it now exists or is hereafter amended. (Ord. 536 § 1 (§ 31.08), 2000)
17.140.090 Vested use limitation.
Any lots in a short or long subdivision filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of two years from the date of filing. A land division shall be governed by the terms of approval of the short plat or final plat, and the statutes, ordinances and regulations in effect at the time of approval for a period of two years after final plat approval unless the town council finds that a change in conditions creates a serious threat to the public health and safety in the subdivision. (Ord. 536 § 1 (§ 31.09), 2000)
17.140.100 Variances.
The procedures and criteria relating to variances in Chapter 17.130 CDMC, and any future revisions thereto, are adopted for the request of variances from the requirements of this title. Any applicant for a subdivision or short subdivision may make application for a variance for any portion of this chapter through Chapter 17.160 CDMC and Chapter 17.175 CDMC; provided, the request is received concurrently with the application for the proposed short subdivision or subdivision. (Ord. 536 § 1 (§ 31.10), 2000)
17.140.110 Transfer or construction prior to final plat approval.
An agreement to sell or otherwise transfer a lot prior to recording of the final plat is subject to RCW 58.17.205. Construction or placing of a structure on a lot may be started prior to recording of the final plat, and is subject to all applicable codes and regulations of the town; provided, that no occupancy permit may be issued prior to the recording of the final plat. (Ord. 536 § 1 (§ 31.11), 2000)
17.140.120 Statutory authority.
This chapter is adopted pursuant to the authority of Chapter 58.17 RCW. (Ord. 536 § 1 (§ 31.12), 2000)