Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.060 Floods and flood control.
16.04.070 Additional requirements.
16.04.090 Relationship to other regulations.
16.04.095 Zoning division – Deferral of improvements.
16.04.010 Short title.
This title shall be known as the Rock Island land division code and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. (Ord. 01-062 § 4).
16.04.020 Authority.
Regulation of the division of land, and the attachment of reasonable conditions thereto, is a valid exercise of the police power as granted to the city by the state in Chapter 58.17 RCW, as currently exists now, or may hereafter be amended. (Ord. 01-062 § 4).
16.04.030 Purpose.
The purpose of this title includes but is not limited to regulating the division of land and furthering the public health, safety and general welfare by:
A. Providing for the platting, division, dedication and recording of land;
B. Implementing the goals and policies of the Rock Island urban area comprehensive plan;
C. Accomplishing the orderly development of land within the city through regulations and standards governing major subdivisions, short subdivisions, binding site plans, boundary line adjustments and plat alterations as defined herein;
D. Promoting the public health, safety and general welfare;
E. Implementing the provisions and intent of the city of Rock Island zoning code;
F. Providing for safe, convenient and adequate potable water supplies, sanitary wastes (sewerage), drainage ways, roads, streets, alleys and other public ways, transit stops, open spaces, parks and recreation areas, playgrounds, schools and school grounds, and other features to assure safe walking conditions for students who walk to and from school and other public facilities;
G. Preventing overcrowding of land by providing adequate open spaces and balanced, attractive communities;
H. Providing for adequate and safe ingress and egress to and from property;
I. Lessening congestion and promoting safe and convenient travel by the public on sidewalks, pathways, streets and highways;
J. Providing for minimum levels of light, air, and open space;
K. Promoting the conservation of energy and resources through energy efficient land use and design;
L. Promoting the efficient use of land;
M. Insuring that the general taxpaying public is not burdened with those developments that are more appropriately the responsibility of the original developer and safeguarding the interests of the public, the developer and future property owners; and
N. Requiring uniform monumenting of land divisions and conveyance of lots, tracts and parcels by accurate legal description. (Ord. 01-062 § 4).
16.04.040 Scope.
A. This title shall apply to the division of any land for sale, lease, transfer or building development into two or more parcels, only by any means specifically provided for herein. It shall also apply to boundary line adjustments, binding site plans, plat alterations, plat vacations, and any other lot line alteration and/or redivision of land.
B. The provisions of this title shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions of land into lots or tracts each of which is 20 acres or larger; provided, that for purposes of computing 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 centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline;
3. Divisions made by testamentary provisions, the laws of descent;
4. Divisions of land into lots or tracts by means of a binding site plan as follows:
a. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan or the use of land in accordance with city ordinances;
b. A division for the purpose of leasing 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 land in accordance with city ordinances; provided, that the sale or transfer of such lot, parcel or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of this title and shall be restrained by injunctive action and be illegal as provided in this title;
5. A division made for the purpose of minor adjustment of 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 or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
6. Divisions of land into lots or tracts if:
a. 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;
b. 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;
c. The city has approved the binding site plan for all such land;
d. Such approved binding site plan is recorded in the county assessor’s office;
e. 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 Rock Island, 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.
f. 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:
i. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or
ii. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
iii. If not approved pursuant to subsection (6)(f)(i) or (ii) of this section, then pursuant to such other procedures as the city may have established for the approval of a binding site plan. (Ord. 01-062 § 4).
16.04.050 Administration.
The mayor of the city of Rock Island, or his/her designee, is the administrator of this title and shall be responsible for the proper administration and interpretation of the regulations herein. The administrator may prepare and require the use of such forms that may be deemed necessary to the administration of this title. (Ord. 01-062 § 4).
16.04.060 Floods and flood control.
The city may deny a proposed land division because of flood, inundation or regulated wetlands if the city finds that such condition poses a threat to the public health, safety or general welfare. Where any portion of the proposed land division lies within the special flood hazard area, the city shall impose a condition on the preliminary approval requiring the project proponent to conform to the flood hazard requirements of the city. In such cases, no development permit associated with the proposed land division shall be issued by the city until said requirements have been met. The city may require dedication of land to any public body and/or the construction of improvements and may impose other conditions necessary to protect against flooding or inundation. (Ord. 01-062 § 4).
16.04.070 Additional requirements.
The standards and requirements established or referenced by this title are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified probable significant adverse environmental impacts pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off-site improvements to any public facility, the dedication and/or improvement of parks and open spaces, and monetary contributions to any city fund established to finance the provision of public services required by the subdivision. (Ord. 01-062 § 4).
16.04.080 Fees.
Any person developing land regulated by this title shall pay fees for the processing and handling of applications as established by the city council and updated from time to time. At the city’s discretion, outside professional assistance, including but not limited to engineering, planning and legal services, may be utilized to review and administer development permit applications, the cost of which will be borne by the applicant, if the costs are over and beyond the application fee. When the city determines that these outside professional assistance costs will exceed the application fees, it shall notify the applicant in the letter of complete application that additional professional assistance fees are likely. The applicant shall place a deposit with the city, in an amount determined appropriate by the city, but not less than $2,000, prior to any necessary public hearing being scheduled. The city will draw on this deposit when costs accrued exceed the application fee, and at no time shall the balance of the deposit be less than $1,000. If the balance is less than the minimum balance the applicant shall reimburse the account to the minimum balance within 30 days of notice given by the city, or the processing of the permit shall cease until such time as the required deposit is received from the applicant. Upon receiving preliminary approval from the city, the deposit account shall be increased, where necessary, to reach an amount that is equal to five percent of the total estimated construction costs as approved by the city engineer, the balance of which shall not drop below $2,000. Final approval of a development permit application shall not be considered where there are outstanding fees and costs remaining to be paid by the applicant. Upon final approval, the city shall return any remaining deposit to the applicant. (Ord. 01-062 § 4).
16.04.090 Relationship to other regulations.
A. Other laws, ordinances, regulations and plans have a direct impact on the development of land. As part of the overall development regulations for the city of Rock Island, this title recognizes and incorporates the standards, provisions and regulations contained in the Rock Island Municipal Code (RIMC), other rules, regulations and ordinances of the city, including but not limited to the zoning code, the development standards code, the Rock Island urban area comprehensive plan, the technical specifications guidebook, the Uniform Building Code, etc., as they exist now or as may hereafter be amended. These laws, regulations and ordinances pertain to items including but not limited to streets, sidewalks, water systems, sanitary sewer systems, storm drainage facilities, and including the laws, ordinances, regulations and plans of federal, state and local agencies As such, approvals granted pursuant to this title shall only occur in compliance with these other regulatory tools as well as the comprehensive plan and any other applicable planning documents.
B. Where provisions of other official controls and regulations overlap or conflict with provisions of this title, whether federal, state or local, the more restrictive provisions shall govern.
C. Neither this chapter nor any administrative decision made under it:
1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or
2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. (Ord. 01-062 § 4).
16.04.095 Zoning division – Deferral of improvements.
Section 2 of Ordinance No. 18-179, passed by the city council on December 27, 2018, rezoned portions of parcels of land abutting Rock Island Road so that the 200 feet of land on either side of Rock Island Road was rezoned to general commercial district (C-G) zone. As a result of this zoning change, multiple parcels located on Rock Island Road are now zoned in part general commercial district (C-G) and in part low residential district (R-L). In order to facilitate sale and use of the differently zoned portions of these parcels, a single division of any such parcel to divide the parcel into two parcels, each of which will be located in the two respective zoning districts, the city council finds and declares that any and all normal and customary required improvements associated with such a short subdivision of the land may be deferred on the face of the short subdivision and not required to be made until further division of the land occurs and/or a development permit application to develop either of the two new parcels occurs, and at that time the improvements associated with the parcel proposed to be further divided and/or developed shall be required to be made. Except as specifically provided in this section, all other provisions of this title shall apply to the division of parcels located on Rock Island Road that were rezoned pursuant to Ordinance No. 18-179. (Ord. 19-184 § 1).
16.04.100 Violations.
A. Whenever any parcel of land is divided into two or more lots, tracts, or parcels of land and any person, firm or corporation or any agent of any of them sells, leases, transfers, or offers or advertises for sale, lease, transfer any such lot, tract, or parcel without having a final plat of such land division filed for record with the Douglas County auditor’s office, the city attorney shall commence an action to restrain and enjoin further division or sale, lease, transfers or offers for sale, lease or transfer and compel compliance with all provisions of this title on those lands which previously have been subdivided, sold, leased, transferred or offered for sale, lease or transfer in noncompliance with this title. The costs of such action, including attorney’s fees, shall be levied against the person, firm, corporation or agent selling, leasing, or transferring the property.
B. No building permit, health district permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this title of local regulations adopted pursuant thereto unless the authority authorized to issue such permits finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice.
C. All purchaser’s or transferee’s property shall comply with the provisions of this title and each purchaser or transferee may recover his damages from any person, firm, corporation or agent selling or transferring land in violation of this title, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this title, as well as costs of investigation, suit and reasonable attorney’s fees occasioned thereby. Such purchaser or transferee may, as an alternative to conforming this property to these requirements, rescind the sale or transfer and recover costs of investigation, suit and reasonable attorney’s fees occasioned thereby.
D. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to compliance with this title is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title is deemed a separate and distinct offense. If performance of an offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of a land division, but prior to recording the final plat is expressly conditioned on the recording of the final plat containing the lot, tract or parcel under this title, the offer or agreement does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this title shall be deposited in an escrow account and no disbursement to sellers is permitted until the final plat is recorded. This prohibition of property transfers prior to compliance with this title shall apply equally to transfers prior to completion of all types of land divisions and/or redivisions governed herein.
E. In addition to such penalties as provided herein, all violations of any provision of this title or any incorporated standards, or conditions of any permit issued hereunder, are made subject to the provisions of Chapter 14.92 RIMC, Enforcement and Penalties.
F. All violations of this title and standards required thereby are determined to be detrimental to the public health, safety and welfare and are public nuisances. All conditions which are determined by the administrator to be in violation of this title or standards required thereby shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means, as provided in Chapter 14.92 RIMC, Enforcement and Penalties.
G. In the event an applicant for a land division or redivision governed herein fails and refuses to install required improvements in the time required by any preliminary or final approval, the city may withhold further building or other development permits, make demand against any bonds, collect moneys deposited in escrow to secure installation of improvements, initiate a local improvement district, or take such other action as may be necessary to cause the improvements to be made. (Ord. 01-062 § 4).