Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Regulations compliance required.
16.04.070 Qualified exemptions.
16.04.080 Qualified exemption applications.
16.04.090 Boundary line adjustment—Procedure.
16.04.120 Parks and recreational areas.
16.04.010 Short title.
This title shall be known and may be cited as the subdivision ordinance of the city. These provisions shall supplement and implement the state regulations of plats, subdivisions and dedications found in RCW Chapter 58.17. (Ord. 98-570 § 1.01, 1998)
16.04.020 Regulations compliance required.
No division of land shall hereafter be made within the incorporated territory of the city, except in full compliance with the provisions of this title and Chapter 58.17 RCW as they now exist or are hereafter amended. (Ord. 98-570 § 1.02, 1998)
16.04.030 Purpose.
The provisions of this title are adopted to:
A. Comply with the requirements of Chapter 58.17 RCW, the Growth Management Act, as amended, and Chapter 347, Laws of 1995;
B. Promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land;
C. Provide uniform standards and regulations for the division of land;
D. Lessen congestion in the streets and highways;
E. Promote effective use of land consistent with environmentally sensitive development practices;
F. Promote safe and convenient travel by the public on streets and highways;
G. Provide for adequate light and air;
H. Facilitate adequate provision for water, storm drainage, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements;
I. Provide for proper ingress and egress;
J. Provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies;
K. Adequately provide for the housing and commercial needs of the citizens of the city;
L. Be consistent with and to implement the intent and spirit of the city’s comprehensive plan and State Environmental Policy Act and SEPA guidelines including the necessity for preparation of an environmental impact statement in event of a declaration of significance;
M. To require uniform monumenting of land subdivisions and conveyancing by accurate legal description.
(Ord. 98-570 § 1.03, 1998)
16.04.040 Scope.
In their interpretation and application, the provisions of this title shall be held to be standard requirements, adopted for the promotion of the public health. safety or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, and ordinances, including the city zoning ordinance, State Environmental Policy Act (SEPA) Review, Growth Management Act and Shoreline Management Act, the most restrictive, or those imposing the higher standards shall govern. (Ord. 98-570 § 1.04, 1998)
16.04.050 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is judged invalid as applied to a particular person or circumstance, the remainder of this title shall not be affected. If any provisions of this title have inadvertently quoted the incorrect ordinance or RCW, they may be corrected by the administrator, city council, or city attorney without the necessity of resubmission and the hearing process, etc. as long as the alteration in no way affects the meaning or intent. (Ord. 98-570 § 1.05, 1998)
16.04.060 Exemptions.
Pursuant to Chapter 58.17.040 RCW, the provisions of this title shall not apply to:
A. Cemeteries and other burial plots, while used for that purpose;
B. Divisions of land, in accordance with the applicable zoning density or lot size requirements, into lots or tracts each of which is one-sixty-fourth of a section of land or larger, or ten 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 bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
C. Any division made by testamentary provisions or the laws of descent (note: lots formed in this fashion must meet the requirements of all other ordinances and may or may not be buildable lots);
D. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient lot area and dimensions to meet minimum requirements for width and lot area for a building site as contained in this code. For procedure on performing boundary line adjustments see Section 16.04.090 of this chapter;
E. 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 local regulations;
F. 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;
G. Divisions of land into lots or tracts if:
1. 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,
2. 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,
3. The city has approved the binding site plan for all such land, such approved binding site plan is recorded in the county assessor’s office, and 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 of Pateros, 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 thereon or their owners’ associations have a membership or other legal 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. A site plan shall be deemed to have been approved if the site plan was approved by the city:
a. In connection with the final approval of a subdivision plat or planned development with respect to all of such land, or
b. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land, or
c. If not approved pursuant to subsections (G)(3)(a) or (b) of this section, then pursuant to such other procedures as the city may have established for the approval of a binding site plan.
(Ord. 98-570 § 1.06, 1998)
16.04.070 Qualified exemptions.
The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this section have been met:
A. A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
1. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same;
2. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.
B. A prior division of land as defined by Section 16.08.010.
C. A division of land for municipal or public purposes.
(Ord. 751 § 1, 2017: Ord. 98-570 § 1.07, 1998)
16.04.080 Qualified exemption applications.
Applications for qualified exemptions shall be submitted to the city on forms provided by the administrator and shall be accompanied by a nonrefundable application fee as set forth in the adopted city fee resolution. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt.
Exemption may be granted by the administrator for only those actions which do not contravene the spirit and intent of this title and the applicable state statutes. (Ord. 98-570 § 1.08, 1998)
16.04.090 Boundary line adjustment—Procedure.
Applications for a boundary line adjustment, which shall be accompanied by an application fee as specified in the city’s adopted fee resolution, shall follow the following procedure:
A. Boundary line adjustments may be performed between owners of contiguous lots which are legally separate, as allowed by Section 16.04.060(D) of this chapter, provided;
1. The administrator certifies the following:
a. No new lots are created (e.g., if you start with two parcels you must end up with two parcels or less);
b. The character of the parcels are not substantially altered (e.g., if a lot has access to a body of water, a boundary line adjustment may not be performed if the lot loses its access to the water);
c. The new parcel configurations contain sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site. A boundary line adjustment between existing nonconforming lots shall not result in lots of greater nonconformity with the exception of lot area (lot reduction shall be the minimum necessary to accomplish the objective of the boundary line adjustment); and
d. The new parcel configuration does not result in the loss of access to any public or private road. Access may be provided by easement noted on parcel deeds.
2. All boundary line adjustments will be reviewed on a case by case basis following submittal of a completed application form. Approval of boundary line adjustments may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:
a. A legal description of the parcels involved in the boundary line adjustment;
b. A drawing of sufficient accuracy and legibility to be recorded in the office of the Okanogan County auditor. Said drawing must indicate the existing and proposed parcel boundaries, as well as existing structures and easements;
c. The signature of all owners or authorized agents having authority to sign for properties involved in the boundary line adjustment;
d. The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator; and
e. Conveying document.
3. The boundary line adjustment will not take effect until recorded in the office of the Okanogan County auditor.
(Ord. 98-570 § 1.09, 1998)
16.04.100 Fees.
Fees shall be established by resolution of the city council for the following actions. Fees shall be payable at the time of the filing of such action:
Filing of application for a qualified exemption;
Filing of application for a boundary line adjustment;
Filing of application for a short subdivision;
Filing of application for a preliminary plat;
Filing of a final plat;
Filing of application of alteration or vacation of a subdivision or short subdivision;
Filing of application for a variance of a subdivision or short subdivision;
Filing of application for a binding site plan. (Ord. 98-570 § 1.10, 1998)
16.04.110 Unsuitable land.
Land which the planning commission has found to be unsuitable for subdivision due to flooding, bad drainage, steep slopes, rock formations, other critical areas (as defined by the Growth Management Act) or other features likely to be harmful to the safety and general health of the future residents, and which the planning commission considers inappropriate for subdivision, shall not be subdivided, unless adequate methods approved by the city are presented to overcome these conditions. (Ord. 98-570 § 1.11, 1998)
16.04.120 Parks and recreational areas.
Pursuant to Section 58.17.110 RCW and related statutes, the planning commission may recommend and the city council require that plats with less than two-acre lot sizes in urban areas not already served by parks and recreational areas to designate up to five percent of their land exclusive of streets, as either private or public parks and recreational areas subject to the following:
A. The nature of the park or recreation area shall be clearly indicated on the plat.
B. The acquisition of the land required by the city for public parks or recreational areas, other than streets and alleys, shall be obtained by deed from the developer in conjunction with final approval of the plat.
C. Such mitigation of park and recreation land and/or facilities shall be based on an identified and quantified impact on recreational resources.
D. As an alternative to dedication of public parks and recreational areas, the developer may voluntarily choose to contribute to the city for park purposes a payment approximately equal to the value of the land which the city would otherwise have required to be designated for parks and recreational areas. Payment of cash in lieu of land for park purposes shall be made by the developer to the city before final plat approval is given. The payment shall be deposited in a reserve account from which funds may be expended solely for parks and recreational uses which will benefit the general area of the approved subdivision. The payment shall be expended within five years of collection, and any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund.
E. Parks and recreation areas proposed for dedication shall at a minimum have an efficient irrigation system and suitable landscaping installed.
F. Parks and recreation areas proposed for dedication shall require low maintenance and a minimum of irrigation and landscaping.
G. Parks and recreation areas proposed to remain in private ownership shall be developed as needed to accommodate the development in which the park and recreation area is located.
(Ord. 98-570 § 1.12, 1998)