Chapter 16.04 TITLE, PURPOSE AND DEFINITIONS

B. The purpose of this title is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with the standards established by the state to prevent the overcrowding of land; to provide for orderly growth and development; to preserve and enhance property values; to lessen congestion in the streets and on the highways; to provide for adequate light and air; to facilitate adequate provisions for water, sewage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper traffic circulation and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description.

C. The provisions of this title shall apply to all division of land within the corporate limits of the city.

D. Division of land into nine or fewer lots shall be in compliance with the regulations and standards governing “short subdivision” in Chapter 16.32 MVMC. Division of land into 10 or more lots shall comply with regulations and standards contained in Chapters 16.04 through 16.28 MVMC, and must follow the preliminary and final platting procedures hereafter set forth.

E. Sale of land is prohibited unless it is a duly platted parcel of land or lot or is a tract of record at time of passage of the ordinance codified in this chapter or is a parcel of land approved under the binding site plan provisions.

F. Superseded by Ord. 3428. (Ord. 3172 § 1, 2004; Ord. 3026 § 2, 2000; Ord. 2372 § 6, 1990; Ord. 1950 § 1(1), 1979).

16.04.020 Exceptions.

The provisions of Chapters 16.04 through 16.28 MVMC shall not apply to:

1. Cemeteries and other burial plats while used for that purpose;

2. Division of land into lots or tracts where the smallest lot is 20 acres or more and not containing a dedication of a public right-of-way;

3. Divisions made by testamentary provision and the laws of descent;

4. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with the provisions of Chapter 16.40 MVMC;

5. A division made pursuant to the boundary line adjustment procedures of Chapter 16.36 MVMC;

6. Divisions of lands 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 city has approved a subdivision with respect to the land covered by such binding site plan or has issued building permits or final certificates of occupancy with respect to all of such land and the binding site plan is consistent with such subdivision, building permit or certificate of occupancy;

d. The binding site plan is recorded in Skagit County; and

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 city, town, or county having jurisdiction over the development of such land, 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 therein or their owners’ associations have a membership or other legal or beneficial 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. Prior to recording, the binding site plan shall be reviewed for verification that the binding site plan contains the above-required statement and that the binding site plan is consistent with the subdivision, building permits or certificates of occupancy approved by the city with respect to such land. Such verification shall constitute city approval of and authorization to record the binding site plan. (Ord. 3428 § 2, 2008).

16.04.030 Standards applicable to all land divisions and lots.

A. Every lot shall abut on a dedicated street or access easement except as provided for in MVMC 17.15.060(A).

B. The ratio of the depth of a lot to its width shall not be greater than three to one unless unusual site circumstances preclude adherence to this standard, and in which case the community and economic development director can administratively waive this requirement.

C. Side lot lines shall be within 20 percent of perpendicular to the front property line with which it intersects.

D. Side and rear lot lines shall be straight, or composed of straight line elements.

E. Lots shall be subdivided in conformity to requirements of the zoning ordinance and comprehensive plan designations in effect at time of subdividing.

F. Utilities required to be installed prior to final plat approval shall be extended to each building site and the boundary of the subject plat as directed by the public works director.

G. Unless the CEDD director makes an administrative determination otherwise, all critical areas, critical area buffers, stormwater drainage facilities and easements, landscaping areas such as forested buffers, and landscaping required between a lot and a street shall be located within separate tracts and shall not be part of lots. (Ord. 3428 § 3, 2008).

16.04.040 Administration.

The city’s public works and community and economic development directors are delegated and assigned the administrative and coordinating responsibilities contained in this title pursuant to Chapter 58.17 RCW. (Ord. 3428 § 4, 2008).

16.04.050 Definitions generally.

A. Words used in the present tense shall include the future tense; the future tense shall include the present tense. The singular number shall include the plural number; the plural number shall include the singular number. The word “may” is permissive; “shall” is mandatory. “Lot” includes the words “plot,” “parcel,” “tract,” and “site”; and “building” includes the word “structure.” “City” shall mean the city of Mount Vernon, Washington, and “county” shall mean Skagit County, Washington.

B. The definitions found within Chapters 14.05 and 17.06 MVMC are hereby adopted by reference in their entirety as they are currently written or amended in the future. (Ord. 3802 § 52, 2019).

16.04.060 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord. 3802 § 52, 2019).

16.04.070 City engineer.

“City engineer” means the duly appointed engineer for the city of Mount Vernon, is also known as the public works director, or his/her designee. (Ord. 3802 § 52, 2019).

16.04.080 City treasurer.

“City treasurer” means the duly appointed clerk-treasurer for the city of Mount Vernon. (Ord. 3802 § 52, 2019).

16.04.085 Codes, covenants and restrictions.

“Codes, covenants and restrictions” means a document that complies with applicable federal and state laws and that contains/addresses all of the following elements:

A. Creation of an association of owners (e.g., homeowner’s association or governing body) of the proposed lots that are required to provide for the control and maintenance of all improvements that will be owned by the governing body (usually a homeowner’s association), such as parking, accessways, open spaces, fences, street trees, stormwater facilities, etc.

B. Maintenance. The CC&Rs shall contain provisions establishing the obligation and duty of the governing body of the project to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this code and all other applicable laws, regulations, and standards.

C. Assessment for Maintenance of Common Areas and Facilities. To protect the public health, safety, and welfare, provisions shall be made for monthly or annual assessments that pay for maintenance of all common areas.

D. The CC&Rs shall run with the land and are required to be reviewed and approved by the city attorney and the development services department prior to recording a final plat or short plat.

E. To achieve the purposes of this section, the declarations of conditions, covenants, and restrictions (CC&Rs) or other applicable documents relating to the management of common area and facilities shall be subject to approval by the development services department and the city attorney.

F. Amendments to the CC&Rs that would amend, delete, modify, or otherwise affect any provision required by this section shall require the prior written approval of the development services director and the city attorney.

G. Any other provisions which the development services director or city attorney determine are necessary and reasonable for ensuring compliance with the provisions of the municipal code or the conditions of approval of the project.

H. The CC&Rs shall be recorded prior to or at the same time of the recordation of the plat, which plat shall contain the recording instrument numbers thereupon. (Ord. 3802 § 52, 2019).

16.04.090 Comprehensive plan.

“Comprehensive plan” means the coordinated plan that has been prepared for the physical development of the municipality; or any plan included in the comprehensive plan that has been prepared for the physical development of such municipality, and that designates, among other things, plans and programs to encourage the most appropriate use of land and to lessen congestion throughout the municipality in the interest of public health, safety and welfare. All actions taken pursuant to this chapter shall be in compliance with the city comprehensive plan. (Ord. 3802 § 52, 2019).

16.04.100 Condominium unit.

“Condominium unit” is defined pursuant to RCW 64.34.216(1)(d). (Ord. 3802 § 52, 2019).

16.04.110 Council.

“Council” means the city council of Mount Vernon. (Ord. 3802 § 52, 2019).

16.04.120 County assessor.

“County assessor” means the duly elected county assessor. (Ord. 3802 § 52, 2019).

16.04.130 County auditor.

“County auditor” means the duly elected county auditor of Skagit County. (Ord. 3802 § 52, 2019).

16.04.140 County treasurer.

“County treasurer” means the duly elected Skagit County treasurer. (Ord. 3802 § 52, 2019).

16.04.150 Covenant.

“Covenant” means a binding and solemn agreement made by two or more individuals, parties, etc., to do or keep from doing a specified thing or things. (Ord. 3802 § 52, 2019).

16.04.160 Dedication.

“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 use 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 a 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. (Ord. 3802 § 52, 2019).

16.04.170 Existing street.

“Existing street” means a presently traveled way with a minimum width of 15 feet of hard surfacing, irrespective of whether it has been accepted by the city for maintenance. A hard-surfaced street shall be a street consisting of either Portland cement or asphaltic concrete as a wearing surface. (Ord. 3802 § 52, 2019).

16.04.180 Health department.

“Health department” means the Skagit County Department of Health. (Ord. 3802 § 52, 2019).

16.04.190 Lot.

“Lot” means a fractional part of subdivided land 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 of land. Lots shall be certified by the city according to the process outlined within Chapter 14.05 MVMC. (Ord. 3802 § 52, 2019).

16.04.200 Metes and bounds.

“Metes and bounds” means a description of real property that starts at a known point of beginning and describes the bearings and distances of the lines forming the boundaries of the property and is completed when the description returns to the point of beginning. (Ord. 3802 § 52, 2019).

16.04.210 Monument.

“Monument” means an object used to permanently mark a surveyed location. The size, shape and design of the monument are to be in accordance with standards specified by the city public works department. (Ord. 3802 § 52, 2019).

16.04.215 Party wall agreement.

See the definition of such in Chapter 16.34 MVMC. (Ord. 3802 § 52, 2019).

16.04.217 Party wall.¹

See the definition of such in Chapter 16.34 MVMC. (Ord. 3802 § 52, 2019).

16.04.220 Pavement width.

“Pavement width” means the actual paved surface measured between faces of curbs of streets or from edge to edge of alley road surface. (Ord. 3802 § 52, 2019).

16.04.230 Plat.

A. “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 division and dedications.

B. “Preliminary plat” is a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

C. “Final plat” is 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 title.

D. “Short plat” is the map of representation of a short subdivision. A short plat consists of nine or fewer lots. (Ord. 3802 § 52, 2019).

16.04.240 Right-of-way.

“Right-of-way” or “R/W” or “R-O-W” means a strip of land dedicated to the city for street and utility purposes and on a portion of which a street is built or utilities are installed. (Ord. 3802 § 52, 2019).

16.04.250 Street.

A. “Street” means a dedicated and accepted public or private right-of-way for vehicular traffic. The word “street” includes the words “road,” “drive,” “boulevard” or “way.”

B. “Arterial street” means an existing or proposed roadway designated an arterial by resolution of the city, or a roadway carrying or designed to carry more than 1,500 vehicles per day.

C. “Collector street” means a roadway designed to carry medium volumes of vehicular traffic, provide access to the major street system, and collect the vehicular traffic from the intersecting minor streets.

D. “Local or minor access street” means a street providing vehicular access to abutting properties.

E. “Cul-de-sac” means a street intersecting another street at one end and permanently terminated by a vehicular turnaround at the other end.

F. “Marginal access street” means a street that is parallel to and adjacent to a major arterial, that provides access to the properties abutting it and which separates the abutting properties from high-speed vehicular traffic.

G. “Accepted street” means a street that has been accepted for maintenance by the city. Usually any street that has or had been improved to the prevailing minimum city standard is regarded as an accepted street.

H. “Private street” means a privately owned and maintained access provided for by a tract, easement or other legal means.

I. “Alley” means a public thoroughfare which affords access to abutting property and is usually not intended for general traffic circulation. (Ord. 3802 § 52, 2019).

16.04.260 Street and utility standards of the city.

“Street and utility standards of the city” shall consist of requirements contained in the following: The latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Chapter of APWA; city of Mount Vernon engineering standards approved by the city engineer; Criteria for Sewage Works Design prepared by Washington State Department of Ecology; and the design standards for streets of the city outlined in this title. (Ord. 3802 § 52, 2019).

16.04.270 Subdivider.

“Subdivider” means any person, firm or corporation who subdivides or develops any land deemed to be a subdivision and is also referred to as the “applicant.” (Ord. 3802 § 52, 2019).

16.04.280 Subdivision, short.

“Short subdivision” means the division of an area into nine or fewer lots, tracts or parcels. (Ord. 3802 § 52, 2019).

16.04.290 Subdivision, standard.

“Subdivision” means the division of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease and shall include all re-subdivision of land. (Ord. 3802 § 52, 2019).

16.04.300 Zero lot line.

See the definition of such in Chapter 16.34 MVMC. (Ord. 3802 § 52, 2019).

16.04.310 Plat certificate.

Repealed by Ord. 3428. (Ord. 1950 § 1(3)(28), 1979).

16.04.320 Right-of-way.

Repealed by Ord. 3428. (Ord. 1950 § 1(3)(29), 1979).

16.04.330 Street.

Repealed by Ord. 3428. (Ord. 1950 § 1(3)(30), 1979).

16.04.340 Street and utility standards of the city.

Repealed by Ord. 3428. (Ord. 2632 § 1, 1994; Ord. 1950 § 1(3)(31), 1979).

16.04.350 Subdivider.

Repealed by Ord. 3428. (Ord. 1950 § 1(3)(32), 1979).

16.04.360 Subdivision.

Repealed by Ord. 3428. (Ord. 1950 § 1(3)(33), 1979).

Code reviser’s note: Ord. 3802 adds this section as MVMC 16.04.210. The section has been editorially renumbered to prevent duplication of numbering.