Chapter 16.05
GENERAL PROVISIONS
Sections:
16.05.040 Administrative authority.
16.05.050 Failure of planning commission to act.
16.05.060 Coordination of work.
16.05.070 Vesting of development rights.
16.05.080 Assignment of water rights for subdivision of land.
16.05.010 Short title.
This title shall be known as the subdivision ordinance of the city of Othello. (Ord. 947 § 2 (part), 1995).
16.05.020 Purpose.
The purpose of this title is to regulate the subdivision of land and to promote the health, safety and general welfare in accordance with standards established by the city and the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewage, park and recreation areas, sites for schools and school grounds, and other public requirements; to provide for proper ingress and egress; and to require uniform monumenting of land subdivisions and conveying by accurate legal description. (Ord. 947 § 2 (part), 1995).
16.05.030 Jurisdiction.
These subdivision regulations shall apply to all subdivisions of land within the corporate limits of the city. (Ord. 947 § 2 (part), 1995).
16.05.040 Administrative authority.
There is established regulations related to the municipal approval or disapproval of subdivisions or dedications. The administrator is designated and assigned the administrative and coordinating responsibilities contained in this title, pursuant to the laws of the state as amended. (Ord. 947 § 2 (part), 1995).
16.05.050 Failure of planning commission to act.
If in any instance the planning commission fails to act or carry out its responsibilities according to the regulations contained in this title, the city council shall assume all the duties of the planning commission as specified in this title relating to the application concerned. (Ord. 947 § 2 (part), 1995).
16.05.060 Coordination of work.
All utilities, utility location, construction drawings, specifications and construction shall be proponent, owner or owner’s agent’s responsibility for coordination with approval by the city of Othello. (Ord. 947 § 2 (part), 1995).
16.05.070 Vesting of development rights.
Applications for all use or development permits or permit components except subdivisions and short subdivisions shall be considered under the provisions of the municipal code and the other land use control ordinances and standards of the city in effect on the date a fully complete building permit application, meeting the requirements of the State Building Code, Chapter 17.27 RCW, including payment of all fees, is filed. Until a complete building permit application is filed, such use or development permit applications shall be reviewed subject to any zoning or other land use control ordinances that become effective prior to the date that notice of the administrator’s decision on such applications is made in writing, if the decision can be appealed to the hearing examiner, or prior to the date of the administrator’s decision if no hearing examiner appeal is available. If approval of a project is given by issuance of a use or development permit, and the project is delayed by litigation or administrative appeals beyond the vesting periods that apply by state law for the use of development permit issued, such approval shall be deemed withdrawn and that proposal shall be required to conform to codes, ordinances and standards in place at the time performance or construction shall actually commence. (Ord. 947 § 2 (part), 1995).
16.05.080 Assignment of water rights for subdivision of land.
(a) As a condition for the approval of the subdivision of real property pursuant to Chapters 16.11, 16.17, and 16.26 of this code, utilizing city-provided water for residential consumption, irrigation, fire suppression, or commercial application, any property owner or developer of such property shall assign and transfer to the city any perfected application, certificate, permit or right of withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property in such quantities as is sufficient to serve the real property. This assignment and transfer shall not apply to individual service wells as those are exempt from certification under the laws of the state of Washington, or properties which receive sufficient irrigation water services provided under a perfected water right from a city-approved irrigation water service provider.
(b) In the event there are no water rights represented either by perfected application, certificate, permit or right for withdrawal appurtenant to the real property benefitted in subsection (a) of this section, the property owner or developer shall pay to the city, in lieu thereof, a water rights acquisition fee as established by the city council by resolution in its sole discretion. Such fee may be waived by implementation of a soil additive program, approved by the city, that provides for the retention of thirty percent or more of the applied irrigation water. (Ord. 1236 § 1, 2007).