Chapter 19.04
GENERAL PROVISIONS
Sections:
19.04.030 Application of regulations.
19.04.035 Specific exemptions.
19.04.040 Regulations mandatory.
19.04.070 Additional requirements.
19.04.010 Title.
This title shall be known and may be cited as the “subdivision ordinance.” (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)
19.04.020 Purpose.
Land subdivision is oftentimes the first step in the process of community development and redevelopment. Once land has been segregated into streets, lots, and blocks the correction of defects and mistakes is oftentimes costly and difficult. It is therefore in the interest of the public, the developer, surrounding property owners, and future property owners that subdivisions be designed and developed in accordance with sound rules and proper minimum standards.
The purpose of this title is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state, the city of Shelton comprehensive plan, the Shelton Municipal Code, the city of Shelton design and construction standards, and the city of Shelton shoreline master program. It is further the purpose of this title to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for safe and convenient travel for all modes of transportation; to provide adequate access for service and emergency vehicles; to provide for adequate access to light and air; to facilitate adequate provision for water, sewerage, parks and recreation areas, sites for schools and schoolgrounds and other public requirements; to provide for proper ingress and egress; to promote a coordination of development as land develops; and to require uniform monumentation of land subdivisions and conveyancing by accurate legal description. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)
19.04.030 Application of regulations.
This title shall apply to the division or redivision of land for sale, lease, transfer, or site development into two or more lots, tracts, or parcels, by the means specifically provided herein. It shall also apply to boundary line adjustments, lot consolidations, and any subsequent plat alterations. As part of the Shelton Municipal Code, this title recognizes and incorporates the standards, provisions, regulations, requirements, and development standards contained in other parts of the Shelton Municipal Code, the city of Shelton design and construction standards, the city of Shelton shoreline master program, and the city of Shelton comprehensive plan as they exist now or as they may be hereafter amended. Where provisions of other official controls and regulations overlay or conflict with the provisions of this title, the more restrictive provisions shall govern. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2, 2005: Ord. 1041 (part), 1981)
19.04.035 Specific exemptions.
A. 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. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
4. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the city of Shelton. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1658-1105 § 2, 2005: Ord. 1041 (part), 1981. Formerly 19.04.030(B))
19.04.040 Regulations mandatory.
Any proposed map, plat, replat, boundary line adjustment, parcel combination, plat vacation, or other such plan hereafter made of any subdivision or any part thereof within the territorial limits of the city of Shelton shall be presented for approval and be recorded as prescribed by the title. No such map, plat, replat, boundary line adjustment, parcel combination, plat vacation, or other such plan shall be recorded or have any validity unless or until it shall have the approval of the appropriate decision making body as indicated in this title, and such other approvals as required by this title, and be filed for record with the county auditor. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)
19.04.060 Administration.
The city of Shelton department of community and economic development is vested with the duty of administering this title and may prepare and require the use of such forms as are essential to the administration of this title. Proposed plats, subdivisions, boundary line adjustment, parcel combination, plat vacation, and dedications of land shall be submitted for preliminary approval to the city of Shelton department of community and economic development subject to the limitations hereafter provided. Necessary administrative regulations and procedures may be adopted. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)
19.04.070 Additional requirements.
The hearings examiner, in addition to the requirements of this title, may stipulate any additional requirements necessary to meet the purpose or general objectives of this title. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)
19.04.080 Administrator.
The administrator of this title shall be the city of Shelton director of community and economic development or designee. (Ord. 1750-0709 § 2 (part), 2009: Ord. 1701-0407 § 1 (part), 2007: Ord. 1041 (part), 1981)