Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.020 Statutory authority.
17.04.070 Location of review and approval procedures.
17.04.010 Title.
The ordinance codified in this title shall be known as the City of Ferndale subdivision ordinance, and shall also be known as the Ferndale plat and short plat ordinance. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.020 Statutory authority.
This title is adopted pursuant to Chapter 58.17 RCW. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.030 Purpose.
The purpose of this title is:
A. To regulate the subdivision and short subdivision of land and to promote the public health, safety and general welfare in accordance with standards established to prevent the overcrowding of land;
B. To lessen congestion in the streets and highways;
C. To provide for adequate light and air;
D. To facilitate adequate provision for water, sewer, stormwater, parks and recreation areas, sites for schools and school grounds and other public requirements;
E. To provide for proper ingress and egress;
F. To require uniform monumenting of land subdivisions and conveyancing by accurate legal description; and
G. To require the establishment of private or quasi-public organizations responsible for the upkeep and maintenance of certain private infrastructure. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.040 Scope.
No division of land shall hereafter be made within the corporate limits of the City, except in full compliance with the provisions of this title and Chapter 58.17 RCW, as it now exists or is hereafter amended. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.050 Compliance.
Short plat, preliminary plat and final plat applicants shall thoroughly familiarize themselves with the provisions of this title, and shall provide complete and accurate information relevant to the provisions of this title. The Subdivision Administrator, Hearings Examiner and City Council may, but are not obligated to, make personal investigations or inspections relative to conformance by the applicant with the provisions of this title. (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.060 Exemptions.
Pursuant to RCW 58.17.040, the following activities are not considered short plats or plats, and the provisions of this title shall not apply to them:
A. Cemeteries and other burial plats while used for that purpose;
B Divisions made by testamentary provisions, or the laws of descent;
C. Divisions made in connection with acquisition of land by the City, including divisions made by deed for road widening purposes; provided, that such land may be accepted on behalf of the City only by action of the City Council;
D. Assessor’s plats made in accordance with RCW 58.17.240, 58.17.250 and 58.18.010;
E. A division made for the purpose of adjusting boundary lines 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. Boundary line adjustments (lot line adjustments) require City of Ferndale approval and are processed in accordance with FMC 14.09.030. Such adjustments may be approved; provided, that:
1. Affected properties are within the same zoning district;
2. Nonconforming land uses, structures, or lots are not created by the adjustment;
3. Existing nonconforming land uses, structures, or lots are not increased by the adjustment;
F. A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, if the City has approved a binding site plan for all of such land;
G. A division of land into lots, tracts, parcels, sites or divisions classified for industrial or commercial use if the City has approved a binding site plan for the use of the land;
H. A division for the purposes of leasing land for facilities providing personal wireless services, as defined by RCW 58.17.040(8), and used for that purpose;
I. A division of land into lots or tracts of less than three acres in accordance with Chapter 58.09 RCW and is used or proposed to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric facilities, as defined by RCW 58.17.040(9). (Ord. 1734 § 1, 2012; Ord. 1399 § 2, 2006)
17.04.070 Location of review and approval procedures.
The procedures for approval of short and long plats, binding site plans, and all subdivisions not exempt from this chapter, as well as the vesting of rights related to those types of approvals, are set forth in this title as well as FMC 14.07.090. All such provisions require consistency with the requirements of RCW Title 58 (Boundaries and Plats) or its successors as applicable to the type of land division being proposed.
A. For purposes of compliance with RCW Title 58 or its successors, the City of Ferndale subdivision regulations shall consist of this title, as well as applicable substantive standards in FMC Titles 15 (Buildings and Construction), 16 (Environment), and 18 (Zoning), applicable procedures set forth in FMC Title 2 (Administration and Personnel), and related local regulations or ordinances adopted in accordance with state law.
B. For purposes of compliance with the City’s design regulations and development standards, applications shall be reviewed for compliance with FMC Titles 12 (Streets, Sidewalks and Public Places) and 15 (Buildings and Construction), and FMC Title 19 (Ferndale Development Standards).
C. The limitations imposed by this section shall not restrict conditions imposed under Chapter 43.21C RCW. (Ord. 1734 § 1, 2012)