CHAPTER 19.04
GENERAL PROVISIONS
Sections:
19.04.040 Subdivision through binding site plans.
19.04.050 Plat administration.
19.04.010 Title.
This title shall be known and may be cited as the "Quincy Subdivision Code" or the "Subdivision Code", and shall be applied as part of the Land Use Code, as set out in Title 17. (Ord 01-86 §4 (Ex B))
19.04.020 Purpose.
The Subdivision Code is adopted in furtherance of the comprehensive plan of the City. It is declared that the regulations contained in the Subdivision Code are necessary for the protection and preservation of the public health, safety, morals, and the general welfare, and are designed, among other things, to encourage the most appropriate use of land throughout the City to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote the coordinated development of unbuilt areas; to secure the appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; and to facilitate the adequate provision of transportation, water, sewerage and other public use requirements. (Ord 01-86 §4 (Ex B))
19.04.030 Scope.
No land shall be divided for the purposes of sale, lease, or development; no plat shall be presented for recording; and no land so divided shall be sold, conveyed, transferred, leased or offered for sale or lease until the owner of the land has fully complied with the provisions of the Subdivision Code and the Land Use Code, except:
A. Land used for cemeteries or other burial plots;
B. Land used for cemeteries or other burial plots;
C. Land divided by testamentary provisions or the law of descent;
D. Land divided for the purpose of adjusting boundary lines when such division does not create:
1. Any additional lot, tract, parcel, site or division; or
2. Any lot, tract, parcel, site or division containing insufficient area or dimensions to qualify as a building site. (Ord 01-86 §4 (Ex B))
19.04.040 Subdivision through binding site plans.
RCW 58.17.035 allows cities to adopt regulations allowing the division of land through the use of Binding Site Plans, but does not require they do so. The City has authorized the use of development of property for industrial and commercial use through the use of Binding Site Plans, through Chapter 19.18; Residential Planned Developments and Mixed Use Planned Developments, which requires the filing of a Binding Site Plan, pursuant to Chapter 20.39. All provisions of the Subdivision Code shall apply to all Binding Site Plans, and the Site Plans will be referred to as Plats, except as expressly modified in those Chapters authorizing the use of Binding Site Plans. (Ord 07-216 §2; Ord 01-86 §4 (Ex B))
19.04.050 Plat administration.
The administration of the Subdivision Code shall be by the Land Use Code Administrator. Nothing in the Subdivision Code shall prevent the Land Use Code Administrator from delegating portions of the administration of the Subdivision Code to other officers of the City. For purposes of convenience, references to the Land Use Code Administrator shall also include the Land Use Code Administrator’s designee. (Ord 01-86 §4 (Ex B)
19.04.060 Vacations of subdivisions.
A. Applications. Vacations of subdivisions are processed in the same manner as subdivisions, except that in addition to the information required for approval of preliminary plats, the following information is also required to be submitted with applications for subdivision vacations:
1. The reasons for vacation.
2. Signatures of all parties having an ownership interest in that portion of the subdivision subject to vacation.
3. If the subdivision is subject to restrictive covenants which were filed at the time the subdivision was approved, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.
B. Findings Regarding Dedications. If any portion of the land contained in a subdivision was dedicated to the public use or benefit, such land, if not deeded to the City, shall be conveyed to the City unless it is specifically found the public use would not be served in retaining title to said lands.
C. Title to Vacated Property. Title to vacated property shall vest with the rightful owner as shown in the records of the Grant County Auditor. If the vacated land was dedicated to the public, for public use other than a road or street, and it is found that retaining title to the property is not in the public interest, title thereto shall vest with the person or persons owning the property on each side thereof, as determined by the City. When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision. (Ord 01-86 §4 (Ex B)
19.04.070 Alteration of subdivisions.
A. Applications. Alterations of subdivisions are processed in the same manner as subdivisions, except that in addition to the information required for approval of preliminary plats, the following information is also required to be submitted with applications for subdivision alterations:
1. The reasons for the alteration(s).
2. Signatures of a majority of those persons having an ownership interest in that portion of the subdivision proposed to be altered.
3. If the subdivision is subject to restrictive covenants which were filed at the time the subdivision was approved, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.
B. Division of Outstanding Assessments and dedications. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.
C. Filing. Upon approval of the alteration, the developer shall produce a revised drawing of the approved alteration of the final plat, based upon the provisions of the Subdivision Code. (Ord 01-86 §4 (Ex B))