Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.010 General provisions.
A. Title. These regulations are known and referred to as the “Subdivision Regulations of the city of Mukilteo.”
B. Purpose. The purpose of this title is to regulate the subdivision of land into five or more parcels and to promote the public health, safety and general welfare in accordance with standards established by the state to prevent the overcrowding of lands; lessen congestion in the streets and highways; provide for adequate light and air; facilitate adequate facilities for water, sewage, parks and recreation areas; provide sites for schools and school grounds and other public requirements; provide for proper ingress and egress; and require uniform monumenting of land subdivisions and conveyance by accurate description.
C. Authority. This title is adopted pursuant to the provisions of RCW Title 58.17.
D. Scope.
1. Applicability. This title shall regulate all divisions of land for sale or lease, except as provided in subdivision 2 of this section.
2. Exceptions. The provisions of this title do not apply to:
a. Cemeteries and other burial plots while used for that purpose;
b. Division of lands 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 purposes 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 bound by the centerline of the road or street and the side lot lines of the lot running perpendicular to the centerline;
c. Divisions made by testamentary provisions, or the law of descent;
d. 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 its local regulations; 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 is 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 sale or transfer of a lot, parcel, or tract in violation of the binding site plan, or without obtaining binding site plan approval, is considered a violation of this chapter and a violation of RCW Chapter 58.17 and shall be restrained by injunctive action and be illegal as provided in this chapter and RCW Chapter 58.17;
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 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;
g. A division which is made by subjecting a portion or a parcel or a tract of land to RCW Chapter 64.32 if the city has approved a binding site plan for all such land.
E. Control and Authority for Approval of Subdivision.
1. Every subdivision of five or more lots shall comply with the provisions of this title (and/or code).
2. No person, firm, or corporation, proposing to make, or having made, a plat or subdivision of land containing five or more lots, tracts, or parcels, shall enter into any contract for sale or shall offer to sell any lot, tract, parcel, or any part thereof, until the city council has approved the final subdivision in accordance with the rules and regulations contained in the title. The planning commission, pursuant to state law, shall review all proposed subdivisions and make recommendations to the city council to assure conformance of the requested action with the general purpose of the comprehensive plan, adopted planning standards, and specifications and requirements of this title. Sole authority to approve or disapprove preliminary and final subdivisions resides with the city council.
F. Survey. The survey of the proposed subdivision and preparation of the proposed plat shall be made by or under the supervision of a registered land surveyor, who shall certify on the plat that it is a true and correct representation of the lands actually surveyed.