Chapter 17.01
GENERAL PROVISIONS
Sections
17.01.060 Rules of construction.
17.01.080 Violation and penalty.
17.01.010 Title.
This Title shall be referred to as the “Subdivision Code.” This chapter shall be entitled “General Provisions.” [Ord. 1585 § 1, 2013.]
17.01.020 Application.
The provisions of this chapter shall apply to all chapters contained within this Title.
(1) The provisions of this Title shall apply to each division of land applied for after the effective date of this Title except as listed below and as set forth in RCW 58.17.040:
(a) Cemeteries and other burial plots while used for that purpose;
(b) Divisions of land into lots or tracts each of which is 1/128 of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this subsection which borders on a street or road, the lot size shall be expanded to include that area which would be bordered by the centerline of a road or street and the side lot lines of the lot running perpendicular to such centerline;
(c) Divisions made by testamentary provisions or by the laws of descent and distribution;
(d) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
(e) 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 when the City has approved a binding site plan for the use of the land in accordance with local regulations;
(f) 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 area and dimension to meet minimum requirements for width and area for a building site;
(g) Divisions of land into lots or tracts if: (i) 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;
(h) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service; and
(i) A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations.
(2) Land use review procedures provided in chapter 18.20 DMMC, Land Use Review Procedures, shall apply in addition to applicable provisions within this Title. [Ord. 1585 § 2, 2013.]
17.01.030 Purpose.
The purpose of this Title is to regulate the division of land and to promote the public health, safety, and general welfare in accordance with the standards established in this Title and set forth in chapter 36.70A RCW and RCW 58.17.010. [Ord. 1585 § 3, 2013.]
17.01.040 Authority.
This chapter is adopted pursuant to the provisions of chapter 58.17 RCW and the general police powers granted to the City pursuant to chapters 35A.13 and 35A.63 RCW and other applicable laws. [Ord. 1585 § 4, 2013.]
17.01.050 Definitions.
As used in this Title, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings. All other words or phrases appropriate to the context of their uses shall be interpreted as defined in the Zoning Code.
“Alteration” means a change to any recorded plat, short plat or binding site plan, except as defined in “lot line adjustment” in this section.
“Applicant” means a person who applies for any approval under this Title and who is an owner of the subject property or the authorized agent of the owner. “Applicant” includes any current owner who purchased property from a previous owner who submitted an application.
“Binding site plan” means a scale drawing or map which identifies and shows the areas and locations of all streets, roads, utilities, improvements, open spaces, easements, and any other significant development features and which binds future development to be in accordance with the drawing.
“Block” means a group of lots, tracts, or parcels of common origin or relationship within a boundary which is distinct and separated from other lots, tracts, or parcels by physical features such as public or private streets or topography.
“Comprehensive Plan” means the document as adopted in DMMC 18.05.060.
“County auditor” means the office or person as defined in chapter 36.22 RCW, as presently constituted or as may be subsequently amended, or the office or person assigned such duties under a county charter.
“County treasurer” means the office or person as defined in chapter 36.29 RCW, as presently constituted or as may be subsequently amended, or the office or person assigned such duties under a county charter.
“Dedication” means the deliberate appropriation of land by its owner for any general and public uses, reserving to himself/herself no other rights except those which 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 its owner by the presentment of a document of conveyance, or a final plat, short plat, binding site plan, or lot line adjustment, for filing or recording with the county auditor, showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat or conveyance for filing by the appropriate governmental unit.
“Easement” means a specific air, surface, submerged, or subsurface right, of perpetual duration for a legally described parcel of land, which is conveyed for use by someone other than the owner of the subject property, or to benefit some property other than the subject property.
“Final plat” means the final drawing or map of a subdivision, together with all dedications, covenants, certifications, and signatures prepared for filing for record with the county auditor and containing all elements and requirements set forth in chapter 58.17 RCW, as presently constituted or as may be subsequently amended, and in this Title.
“Improvements” means streets, with or without curb or gutter, sidewalks, pedestrian ways, water mains, sanitary and storm sewers, street trees, lighting, and other appropriate items.
“Lot” means a fractional part of divided lands having fixed boundaries, means of access, and sufficient area and dimension to meet minimum yard, area, and open space requirements of the Zoning Code for the zone in which the lot is located at the time such lot was created.
“Lot line adjustment” means:
(a) A division made for the purpose of alteration by adjusting boundary lines between platted or unplatted lots or both; or
(b) A consolidation of multiple lots into one single lot; provided, that the division or consolidation does not create any additional lot, tract, or parcel; and does not create any lot, tract, or parcel which contains insufficient area and dimension to meet minimum requirements for width and area of a building site as required by Title 18 DMMC.
“Material error” means an error in fact or an omission of substantive information in an application, or supplementary study, supplied to the City, which would constitute the basis for a decision.
“Parcel” means an existing lot, tract, or division of land.
“Pedestrian way” means a tract or right-of-way, dedicated to public use, for the purpose of facilitating pedestrian access to nearby streets and properties.
“Planning official” means the Director of the Planning, Building and Public Works Department or his/her designee.
“Preliminary plat” means a scale drawing or map of a proposed subdivision showing the general layout of streets, lots, blocks, restrictive covenants to be applicable to the subdivision, and other related information required by the City of a subdivision. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
“Registered land surveyor” means an individual licensed as a land surveyor pursuant to chapter 18.43 RCW (Professional Engineers Registration Act), as presently constituted or as may be subsequently amended.
“Right-of-way” means land dedicated to the public primarily for the movement of vehicles and pedestrians and providing for primary access to adjacent parcels. Secondarily, it means that land which provides space for utility lines and appurtenances and similar components.
“Security” means a commitment of funds guaranteeing the payment of a previously specified amount of money if in the opinion of the administrator in charge, certain work is not performed satisfactorily or work results in damage to property or the environment. Security may be in the form of a cash, line of credit, bond, or a set-aside account previously approved by the City.
“Shoreline Master Program” means the document as adopted in chapter 16.20 DMMC.
“Short plat” means the final drawing or map of a short subdivision, together with all dedications and covenants, prepared for filing for record with the county auditor and containing all elements and requirements set forth in chapter 58.17 RCW.
“Short subdivision” means the division or redivision of land into nine or fewer lots for the purpose of sale, lease, or transfer of ownership.
“Significant trees” means healthy evergreen trees six inches DBH (diameter at breast height) or greater and healthy deciduous trees (excluding alders, European ashes, cottonwoods and willows) eight inches DBH or greater.
“Street Development Standards” means the document adopted by chapter 12.15 DMMC.
“Subdivision” means the division or redivision of land into 10 or more lots or the redivision of a short subdivision into 10 or more lots within a period of five years from the filing of such short plat for the purpose of sale, lease, or transfer of ownership.
“Tract” means land reserved for special uses including but not limited to open space, surface water retention, utilities, or access. Tracts are neither counted as lots nor considered as building sites.
“Vacation” means the elimination of a recorded lot line, right-of-way, or easement.
“Vehicular access tract” means a privately owned tract providing vehicular and pedestrian access to parcels. [Ord. 1585 § 5, 2013.]
17.01.060 Rules of construction.
The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision.
(1) Tense. Words used in the present tense shall include the future tense.
(2) Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.
(3) Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section, or paragraph of this code, and the content thereof, the said heading shall not affect the scope, meaning, or intent of the content.
(4) Citations. Citations to state or federal laws shall mean that law as presently constituted or as it may be subsequently amended in the future. [Ord. 1585 § 6, 2013.]
17.01.070 Liability.
It is the specific intent of this Title and procedures adopted under this Title to place the obligation of complying with the requirements of this chapter upon the permittee, and no provision is intended to impose any duty upon the City, or any of its officers, employees, or agents. 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, or its officers, employees, or agents, for any injury or damage resulting from the failure of the permittee 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 Title or any procedures adopted under this Title by the City, its officers, employees, or agents. [Ord. 1585 § 7, 2013.]
17.01.080 Violation and penalty.
(1) General. It is a violation of this Title for a person to divide, segregate, sell, or transfer, or offer to sell or transfer, real property in violation of this Title. It is a violation of this Title to do any other thing with respect to a lot, tract, parcel, or property in the City that violates this Title or violates a plat or short plat restriction imposed by the City.
(2) Enforcement. The City shall use the applicable provisions of the Zoning Code (Title 18 DMMC) in the investigation, enforcement, and prosecution of the violations of this Title.
(3) Civil Infraction. Except as otherwise provided in this Title, no person shall violate or fail to comply with this Title. A violation of or failure to comply with this subsection is a class 1 civil infraction.
(4) Criminal Penalty. Except as otherwise provided in this Title, in addition to or as an alternative to any other penalty provided in this Title or by law, a person convicted of a violation of this Title is guilty of a gross misdemeanor. Upon conviction a person may also be ordered to abate, discontinue, or correct a violation of this Title.
(5) Other Lawful Remedies. Nothing in this section shall limit the right of the City to pursue other lawful criminal, civil, or equitable remedies to abate, discontinue, or correct violations of this Title. [Ord. 1585 § 8, 2013.]
17.01.090 Severability.
The provisions of this Title are severable. If any section, sentence, clause or phrase of this code is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of the DMMC. [Ord. 1585 § 9, 2013.]
17.01.100 Appeal.
Appeals of decisions made pursuant to this Title shall be as set forth in the applicable chapter and pursuant to chapter 18.20 DMMC. [Ord. 1585 § 10, 2013.]