Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Exemptions from platting regulations.
16.04.040 Compliance with state law and land use code.
16.04.050 Effect of noncompliance.
16.04.060 Minimum and maximum residential density.
16.04.080 Minimum infrastructure standards.
16.04.085 Minimum design standards.
16.04.110 Nonconforming lots of record—Merger.
16.04.120 Violations—Penalties.
16.04.130 Repealed.
16.04.150 Building prohibited.
16.04.010 Purpose.
The purpose of this title is to implement the authority granted to the city by Chapter 58.17 RCW and to conform to its provisions which govern the platting and subdivision of land, consistent with the city of Sedro-Woolley comprehensive plan adopted pursuant to Chapter 36.70A RCW, the Growth Management Act. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.020 Exemptions from platting regulations.
A. Pursuant to Chapter 58.17 RCW, excluding this chapter and except as otherwise specified herein, the provisions of this title shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. Divisions made by testamentary provisions, or the laws of descent;
3. 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 Chapter 16.28.
4. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved for the use of the land in accordance with city code.
5. 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 which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and
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) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (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, town, or county having jurisdiction over the development of such land, 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 therein or their owners’ associations have a membership or other legal or beneficial 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 a city, town, or county: (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 subsections (A)(6)(e)(i) and (ii) of this section, then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;
B. Exemptions provided by this section shall not be construed as exemptions from compliance with other applicable development standards required by the Sedro-Woolley Municipal Code. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.030 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings:
A. “Subdivision” is the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection F of this section.
B. “Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
C. “Dedication” is the deliberate appropriation of land by an owner for any general and public uses reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.
D. “Preliminary plat” is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
E. “Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.
F. “Short subdivision” is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
G. “Binding site plan” means a drawing to a scale specified by local ordinance which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city in approving the site plan; and (c) contains provisions making any development be in conformity with the site plan.
H. “Short plat” is the map or representation of a short subdivision.
I. “Lot” is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
J. “Block” is a group of lots, tracts, or parcels within well defined and fixed boundaries.
K. “Code” is the Sedro-Woolley Municipal Code.
L. “City engineer” is the Sedro-Woolley director of public works.
M. “Director” is the Sedro-Woolley planning director.
N. “Hearing body” is the decision making body specified in Chapter 2.90, unless otherwise specified herein. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.040 Compliance with state law and land use code.
Every division of land shall comply with the provisions of state law and the provisions of this title. They shall conform to the comprehensive plan and all zoning regulations, in effect at the time any preliminary plat is approved. Lots shall be of a size and dimension and have access and infrastructure adequate to satisfy the requirements of this title and Sedro-Woolley Municipal Code Titles 13, 15 and 17. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.050 Effect of noncompliance.
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of state law or this subtitle, unless the director finds that the public interest will not be adversely affected by the decision. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.060 Minimum and maximum residential density.
A. A subdivision, short plat, binding site plan, or planned residential development, solely for residential purposes, shall have an average net density, as defined in Section 17.04.030, for the entire development of not under four units per acre.
B. A variance from this requirement may be granted by the hearing body through the subdivision approval process to accommodate site constraints which make development at the required minimum density impractical or inconsistent with the purposes of this chapter.
C. Factors which may warrant a density reduction, include, but are not limited to:
1. Critical areas in excess of twenty percent of the site;
2. Stormwater management;
3. Significant wildlife corridors; and utility corridors.
D. As a condition of granting a density reduction, the applicant must demonstrate that the minimum density cannot be achieved by clustering the housing on the buildable portions of the site.
E. Maximum housing density is set in each zoning designation, in Title 17. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.070 Revocation.
A. Approval of a preliminary plat or subdivision, preliminary PD, PMD, or PRD, or other subdivision approval may be revoked upon a finding that the approval was based on inaccurate information, that the applicant mislead the approving authority, or that the terms and conditions of approval cannot or will not be reasonably satisfied by the applicant. Only the planning director may initiate a petition for revocation of approval.
B. The decision making authority, notice, hearing process, and appeal process for revoking approval shall be the same as the process for the original approval. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.080 Minimum infrastructure standards.
The creation of new lots or tracts under this title shall comply with the following minimum standards for infrastructure:
A. Each lot, parcel or tract created pursuant to this title, on which a residence, commercial or industrial structure or building may be located, shall be served by the city sanitary sewer, except as provided in Section 16.12.060. This requirement shall not apply to lots, parcels or tracts which are not intended for human occupancy, if a waiver is approved by the city engineer. Examples of such purposes include utility substations and parking lots. Approval of any exception shall be noted on the face of the plat or other document, and may be conditioned on appropriate restrictions on the use of the property.
B. Each subdivision, short plat, binding site plan, PD, PMD, or PRD approved under this Title 16 shall be served by streets and roads which meet the standards of Chapter 15.40, shall comply with stormwater management and maintenance standards of Chapters 13.36 and 13.40.
C. Any homeowner’s association which assumes the obligation to comply with any conditions of approval for a subdivision, short plat, binding site plan, PD, PMD, or PRD approved under this Title 16 shall submit an annual report to the city planning director, which shall specify:
1. The names and addresses of the officers;
2. The annual budget of the association;
3. A description of its construction and maintenance obligations, and the anticipated cost;
4. An emergency contact person;
5. A list of its members obligated to fund construction and maintenance obligations;
6. Such other information as may be required of the city planning director.
D. Where streets, utilities and stormwater facilities are maintained by an association of property owners, a recorded document shall provide for funding of maintenance in such form as approved by the city planner.
E. All street names and plat names shall be approved by the city to insure that proposed names do not duplicate those already in existence. (Ord. 1520-05 § 1, 2005; Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.085 Minimum design standards.
Every subdivision, short plat, and binding site plan, shall conform to the standards of Chapter 15.44, Design Standards. (Ord. 1487-04 § 2 (part), 2004)
16.04.090 Utility easements.
Utility easements shall be located within the street rights-of-way, unless a waiver is approved by the city engineer. When utility easements are permitted outside of, but adjacent to the street rights-of-way, utility easements shall be at least ten feet in width. Otherwise easements outside the street rights-of-way shall be twenty feet in width. All utilities shall be installed underground unless a waiver is approved by the city engineer. A waiver may be approved if such installation is technically impossible, or cost-prohibitive. Utility easements located outside the street right-of-way, including pre-existing utility easements, shall be shown on the face of the plat and marked in the same manner as lot corners by survey. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.100 Fire protection.
Fire hydrants and fire access shall be provided to each lot, under guidelines as determined by the fire chief. Minimum fire flow shall be required consistent with the standards of the Uniform Fire Code, and building and fire codes for the specific use, as determined by the fire chief. (Ord. 1487-04 § 2 (part), 2004: Ord. 1450-03 § 2 (part), 2003)
16.04.110 Nonconforming lots of record—Merger.
A. A “lot of record” is a separate lot or tract which was legally created under the laws applicable at the date of creation.
B. A vacated street right-of-way does not constitute a separate lot of record, but is merged with the adjoining lot or tract by operation of law.
C. A lot which is substandard in size shall be merged in title with the adjoining lot of record with a contiguous boundary in the same ownership; provided, this shall not apply if the lot was legally created by short plat, subdivision, planned development, or binding site plan, with formal city approval pursuant to a subdivision ordinance.
Exception: A lot within a plat that was created before a subdivision ordinance was in place shall not be required to be merged if the lot is four thousand square feet or more in size.
D. A lot which has merged with an adjoining parcel may not be sold separately, nor be issued a separate building permit, nor constitute a separate lot for purposes of a boundary line adjustment. (Ord. 1637-09 § 1, 2009; Ord. 1487-04 § 2 (part), 2004)
16.04.120 Violations—Penalties.
Any person violating or failing to comply with any of the provisions contained in this chapter shall be subject to the enforcement provisions contained in Title 18, Code Enforcement. (Ord. 1670-10 § 27, 2010)
16.04.130 Injunctions.
Repealed by Ord. 1670-10. (Ord. 1487-04 § 2 (part), 2004)
16.04.140 Filing prohibited.
The county auditor shall refuse to accept for filing any segregation of land in violation of this title. (Ord. 1487-04 § 2 (part), 2004)
16.04.150 Building prohibited.
No building or other development permit shall be issued for any lot subdivided in violation of this title unless the permit authority finds that the public interest will not be adversely affected thereby. (Ord. 1487-04 § 2 (part), 2004)
16.04.160 Fees.
The fees for projects regulated by this chapter shall be assessed as designated in the current city of Sedro-Woolley building, planning and engineering fee schedule, as adopted by resolution of the city council and on file with the city clerk. (Ord. 1651-09 § 18, 2009)