Chapter 24.01
General Provisions
Sections:
24.01.010 Applicability.
Every subdivision shall comply with the provisions of Chapter 58.17 RCW, this title and all future amendments or applicable federal, State or local laws. After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions, shall be allowed only if the procedures of this title or the short plat ordinance are first followed, and this requirement shall be applicable to all plats approved prior to the effective date of the ordinance codified in this title. Except for the large lot division procedure specified herein, the provisions of this title shall not apply to the following:
(a) Cemeteries and other burial plots while used for that purpose;
(b) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth 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; provided, that for the purpose 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 or the laws of descent;
(d) Divisions of land into lots or tracts classified for industrial or commercial use when City of DuPont has approved a binding site plan which authorizes specific uses of said land in accord with the City of DuPont Zoning Code; provided, that when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the County Auditor’s office on each lot, parcel, or tract created pursuant to the binding site plan; provided further, that the binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of lot, parcel, or tract; and provided further, that sale or transfer of such a lot, parcel, or tract in violation of Chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in Chapter 58.17 RCW;
(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 City of DuPont has approved a binding site plan in accordance with DuPont Zoning Code;
(f) A division made for the purpose of adjusting boundary lines which does not create any additional lots, 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 areas for a building site;
(g) The transfer of contiguous unplatted lots if:
(1) The lots were created in compliance with all applicable State and City subdivision regulations in effect at the time of the creation of said lots; or
(2) The lots transferred and remaining lots are improved with dwellings;
Provided that transfers pursuant to item (1) or (2) shall not be effective until the proponent is issued a certificate of compliance from the Planning Department. A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria above;
(h) A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act (Condominiums), if the City has approved a binding site plan for all of such land;
(i) Any division of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans. (Ord. 378 § 1, Dec. 14th, 1988; Ord. 391 § 1, July 12th, 1989).
24.01.020 Definitions.
As used in this title, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:
“Block” is a group of lots, tracts or parcels within well defined and fixed boundaries.
“City” shall mean the City of DuPont.
“City Engineer” shall be a licensed professional engineer appointed by the Mayor, or designee, as the City Engineer or authorized designee.
“Council” means the DuPont City Council.
“Dedication” is the deliberate appropriation of land by an owner for any general and public uses, reserving 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, short plat or large lot subdivision showing the dedication thereon; and the acceptance by the public shall be evidenced by the owner by the presentment for filing of a final plat, short plat or large lot subdivision 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.
“Department” means the City of DuPont Community Development Department.
“Developer” shall mean the person, party, firm or corporation who applies for approval of a subdivision, short plat or large lot subdivision.
“Director” means the Director of the City of DuPont Community Development Department or authorized designee or representative.
“Examiner” means the City of DuPont Land Use Hearings Examiner.
“Final plat” is the final drawing of the subdivision and dedication drawn to a scale not smaller than one inch equals 50 feet unless approval of another scale is given by the Director, prepared for filing for record with the county auditor and containing all elements and requirements set forth in State law and in this title.
“Geological hazard” means any hazard caused by natural or artificial causes which may damage persons or property and which would include but not be limited to slides, slippage or instability of earth, rock and soil.
“Improvement” shall mean any thing or structure constructed for the benefit of all or some residents of the subdivision or the general public such as but not limited to streets, alleys, storm drainage systems and ditches, sanitary sewer pipes or main lines, and storm drainage containment facilities.
“Large lot divisions” means any number of divisions of land into lots, tracts or parcels for any purpose, the smallest lot size of which is five acres or larger or one-one hundred twenty-eighth of a section or larger, except those divisions exempted by DMC 24.02.010.
“Lot” is 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.
“Model home,” is a dwelling in accordance with the City zoning code intended for display purposes.
“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.
“Plat” is 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.
“Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.
“Short plat” is the map or representation of a short subdivision.
“Short subdivision” is any voluntary or involuntary division or redivision of land into four or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease or transfer of ownership.
“Subdivision” is any voluntary or involuntary 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 the definition of “large lot divisions” of this section. (Ord. 378 § 2, Dec. 14th, 1988; Ord. 07-835 § 1).