Chapter 17.04 DEFINITIONS

“Alteration” means the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in modifications to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat. (Ord. 1188 § 2 (part), 2003).

17.04.030 Applicant.

“Applicant” means a property owner, or a public agency or public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such easement pursuant to RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. (Ord. 1188 § 2 (part), 2003).

17.04.040 Binding site plan.

“Binding site plan” means a plan drawn to scale processed in accordance with Chapter 17.20 NBMC and Chapter 58.17 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.050 Building envelope.

“Building envelope” means the area of a lot that delineates the limits of where a building may be placed on a lot. (Ord. 1188 § 2 (part), 2003).

17.04.060 Building site.

“Building site” means a parcel, consisting of one or more lots or portions thereof, that is capable of being developed under current federal, state, and local statutes, including zoning and use provisions, dimensional standards, minimum lot area for construction, minimum lot width, shoreline master program provisions, sensitive area provisions, and health and safety provisions. (Ord. 1188 § 2 (part), 2003).

17.04.070 Civil engineer.

“Civil engineer” means an individual registered and licensed as a professional civil engineer pursuant to Chapter 18.43 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.080 Condominium.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions as defined in Chapters 64.32 and 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration, survey map and plans have been recorded pursuant to Chapter 64.32 or 64.34 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.090 Dedication.

“Dedication” means the deliberate conveyance of land by an owner for any general and public uses, reserving no rights other than those that are compatible with the full exercise and enjoyment of the public uses for which the property has been conveyed. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat, short plat or binding site plan showing the dedication thereon or quit claim deed. The acceptance by the public shall be evidenced by the approval of such plat, short plat, binding site plan or statutory warranty deed for filing by the county. (Ord. 1188 § 2 (part), 2003).

17.04.100 Department.

“Department” means the North Bend department of community services. (Ord. 1188 § 2 (part), 2003).

17.04.110 Development engineer.

“Development engineer” means the North Bend public works director, or his or her designee, authorized to oversee the review, conditioning, inspection and acceptance of right-of-way use permits, roads, grading, utilities, and drainages constructed pursuant to permits administered by the department and required pursuant to this title. Either the public works director or his designee shall be a professional civil engineer registered and licensed pursuant to Chapter 18.43 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.120 Director.

“Director” means the director of the North Bend department of community services or his or her designee. (Ord. 1188 § 2 (part), 2003).

17.04.130 Easement.

“Easement” means a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes, that may include, but are not limited to, road access, pedestrian or bicycle pathways, minerals, utilities, drainage, and open space. (Ord. 1188 § 2 (part), 2003).

17.04.140 Engineered preliminary drainage plan.

“Engineered preliminary drainage plan” means a preliminary plan, consistent with the current edition of the King County Surface Water Design Manual, that shows the locations, types and approximate sizes of the proposed drainage and conveyance facilities, including any required bioswales, wetponds or other water quality facilities. (Ord. 1809 § 8, 2024; Ord. 1188 § 2 (part), 2003).

17.04.150 Facilities.

“Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services, including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures. (Ord. 1188 § 2 (part), 2003).

17.04.160 Financial guarantee.

“Financial guarantee” means a form of financial security posted to ensure timely and proper completion of improvements, compliance with the North Bend Municipal Code, or to warrant materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposits, surety bonds and other forms of financial security acceptable to the director. (Ord. 1188 § 2 (part), 2003).

17.04.170 General site plan.

“General site plan” means a site plan approved pursuant to this title that is not based on a recorded final planned unit development, a building permit, an as-built site plan for developed sites or a site development permit issued for the entire site. (Ord. 1188 § 2 (part), 2003).

17.04.180 Homeowners’ association.

“Homeowners’ association” means any combination or grouping of persons or any association, corporation or other entity that represents homeowners residing in a short subdivision, subdivision or binding site plan. A homeowners’ association need not have any official status as a separate legal entity under the laws of the state of Washington. (Ord. 1188 § 2 (part), 2003).

17.04.190 Improvements.

“Improvements” means constructed appurtenances, including but not limited to road and drainage construction, utility installation, recreational features, lot grading prior to a building permit, plat monument signs, and survey monuments. (Ord. 1188 § 2 (part), 2003).

17.04.200 Innocent purchaser.

“Innocent purchaser” means an individual who has purchased real property for value and states under oath that he or she had no knowledge at any time prior to or during the sale that the lot had been or is being created in violation of the provisions of this title. (Ord. 1188 § 2 (part), 2003).

17.04.210 Land surveyor.

“Land surveyor” means an individual licensed as a land surveyor pursuant to Chapter 18.43 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.220 Lot.

“Lot” means a physically separate and distinct parcel of property that has been created pursuant to the provisions of this title, or pursuant to any previous laws governing the subdivision, short subdivision or segregation of land. (Ord. 1188 § 2 (part), 2003).

17.04.230 Ownership interest.

“Ownership interest” means having property rights as a fee owner or contract purchaser. (Ord. 1188 § 2 (part), 2003).

17.04.240 Parent parcel.

“Parent parcel” means each existing lot that is located within the perimeter of a proposed boundary line adjustment application. (Ord. 1188 § 2 (part), 2003).

17.04.250 Personal wireless services.

“Personal wireless services” means any federally licensed personal wireless service. (Ord. 1188 § 2 (part), 2003).

17.04.260 Piggyback platting.

“Piggyback platting” means a proposed means of segregation whereby property is short subdivided multiple times in order to avoid the requirements of a full subdivision. (Ord. 1188 § 2 (part), 2003).

17.04.270 Plat, final.

“Final plat” means the final drawing of the subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this title and in Chapter 58.17 RCW. (Ord. 1188 § 2 (part), 2003).

17.04.280 Plat, preliminary.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, alleys, lots, blocks and other elements of a subdivision required by this title and Chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1188 § 2 (part), 2003).

17.04.290 Revisions.

“Revisions” means a change prior to recording of a previously approved preliminary plat, preliminary short plat or binding site plan that includes, but is not limited to, the addition of new lots, tracts or parcels. (Ord. 1188 § 2 (part), 2003).

17.04.300 Segregation.

“Segregation” means a division of land by any of the following means: subdivisions, short subdivisions, binding site plans and divisions described in NBMC 17.08.040. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).

17.04.310 Short plat, final.

“Final short plat” means the final drawing of the short subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this title and in Chapter 58.17 RCW. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).

17.04.320 Short plat, preliminary.

“Preliminary short plat” means a neat and approximate drawing of a proposed short subdivision showing the general layout of streets, alleys, lots, blocks and other elements of a short subdivision required by this title and Chapter 58.17 RCW. The preliminary short plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).

17.04.330 Short subdivision.

“Short subdivision” means a division or redivision of land into nine or fewer lots, tracts, parcels or sites for the purpose of sale, lease or transfer of ownership. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).

17.04.340 Subdivision.

“Subdivision” means a division or redivision of land into 10 or more lots, tracts or parcels for the purpose of sale, lease or transfer of ownership. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).

17.04.350 Tract.

“Tract” means land reserved for specified uses including, but not limited to, reserve tracts, recreation, open space, sensitive areas, surface water retention, utility facilities and access. Tracts are not considered lots or building sites for purposes of residential dwelling construction. (Ord. 1464 § 1 (Exh. A (part)), 2012: Ord. 1188 § 2 (part), 2003).