Chapter 17.04
GENERAL PROVISIONS
Sections:
17.04.050 Undefined words and phrases.
17.04.065 Application of chapter 15.06 SMC.
17.04.070 Violation – Penalty.
17.04.010 Short title.
The ordinance codified in this title, together with any amendments, shall be known as the “Sumner land division ordinance.” (Ord. 1763 § 1 (part), 1996)
17.04.020 General authority.
The ordinance codified in this title is adopted under the authority of chapters 35A.58 and 58.17 RCW. (Ord. 1763 § 1 (part), 1996)
17.04.030 Purpose.
The purpose of this title is to regulate the division of land lying within the corporate limits of the city of Sumner, and to promote the public health, safety, and general welfare in accordance with the standards established by the state and the city, and to:
A. Prevent the overcrowding of land;
B. Lessen congestion and promote safe and convenient travel by the public on streets and highways;
C. Promote the effective use of land;
D. Facilitate adequate provision for water, sewage, drainage, streets, schools, parks, recreational areas, and other public requirements;
E. Require uniform monumenting of land divisions and conveyance by accurate legal description; and
F. Implement the goals, objectives and policies of the Sumner comprehensive plan. (Ord. 1763 § 1 (part), 1996)
17.04.040 Scope.
A. This title applies to the division of land of up to nine parcels for short subdivisions, and of 10 or more for full subdivisions.
B. Property boundary lines separating two or more lots of record may be adjusted only under the specific provisions as set forth in this title.
C. Where this title imposes greater restrictions or higher standards upon the development of land than other laws, ordinances or restrictive covenants, the provisions of this title shall prevail.
D. This title does not apply to the division of lots which result in tracts of 20 or more acres.
E. This title does not apply to cemeteries and other burial plots while used for that purpose, divisions made by testamentary provisions, or the laws of descent, 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, a division for the purpose of lease when no residential structure other than manufactured 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, or a division subject to the conditions of a binding site plan as approved by the city. (Ord. 2851 § 1, 2023; Ord. 1763 § 1 (part), 1996)
17.04.050 Undefined words and phrases.
The definition of any word or phrase not listed in the definitions which is in question when administering this title shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number 1, but if it is not available there, then source number 2 may be used and so on. The sources are as follows:
1. Any city of Sumner resolution, ordinance, code or regulation;
2. Any statute or regulation of the state of Washington;
3. Legal definitions from Washington common law or a law dictionary;
4. The common dictionary. (Ord. 1763 § 1 (part), 1996)
17.04.060 Definitions.
For the purpose of this title, certain words and terms used in this title are defined as follows:
“Alley” means a public thoroughfare through a block giving only a secondary means of access to the rear of abutting property. Access is usually limited to on-site vehicular parking and utility service.
“Applicant” means the owner or owners of record of the property subject to an application for land division or lot line adjustment, or authorized representative of such owner or owners.
“Application” means all of the application forms, plans and accompanying documents required for any particular land division or lot line adjustment request.
“Binding site plan” means a drawing to appropriate scale which:
1. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
2. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city of Sumner; and
3. Contains provisions making any development be in conformity with the site plan.
“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.
“Building envelope” refers to the buildable area of a lot after applicable setbacks, easements and other restrictions on the lot are taken into account.
“City engineer” means the city of Sumner engineer or designee.
“Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of residents of a subdivision. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision.
“Conversion” means to change the lots in a condominium, duplex or multiplex development to individual fee-simple ownership lots; a “conversion development” means a development of two or more dwellings that has undergone a conversion to a zero lot line subdivision.
“Cul-de-sac” means a short street having one end open to traffic and being terminated at the other end by an approved vehicular turn-around.
“Dedication” means a deliberate appropriation of land by its 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.
“Development permit” means any permit issued by the city of Sumner allowing the physical alteration of real property including, but not limited to, building construction, street construction, utility construction or installation, grading, filling or excavating. Approval of a subdivision, short subdivision, or lot line adjustment is not considered a “development permit” for the purposes of this title.
“Director,” unless otherwise specified, means the director of the city’s development services department or the director’s designee.
“Division of land” means the subdivision of any parcel of land into two or more parcels.
“Final plat” means 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 title, and all other applicable codes and ordinances.
“Front lot line” means the boundary of a lot which is along a public street, or where no public street exists, along a private road, as defined in SMC 18.04.0585.
“Frontage” means the measurement of the length of the property line or building front located along a dedicated public street, as defined in SMC 18.04.0397.
“Homeowners association” means an incorporated nonprofit organization operating under recorded land agreements through which:
1. Each lot owner is automatically a member;
2. Each lot is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining common property; and
3. A charge if unpaid becomes a lien against the property.
“Improvements” means the approval of the necessary departments for the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this title to be constructed in conjunction with any particular land division.
“Land division” means the creation of any new lot or lots for the purpose of sale, lease or transfer of ownership, whether such lot or lots is created by full subdivision or short subdivision.
“Lot” means 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 includes tracts of parcels.
“Lot, corner” means a lot situated at the intersection of two streets or roads, by which the interior angle does not exceed 135 degrees.
“Lot line adjustment” means the relocation of the boundaries of a lot, in which the relocation does not result in the creation of any additional lot or lots.
“Lot of record” means a lot as shown on an officially recorded plat or short plat or a parcel of land officially recorded or registered as a unit of property and is described by metes and bounds, and lawfully established on the date of recording of the instrument first referencing the lot.
“Lot splits” means the division of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale or lease.
“Lot, through” means a lot that has both ends fronting on a street; both ends will be considered front.
“Meander line” means a line along a body of water intended to be used solely as a reference for surveying.
“Panhandle” means an irregular extension or protrusion of a lot created for the purpose of providing such lot with frontage on a public or private street or accessway.
“Parent lot” means the entire property comprising the site that contains the individual condominium units or individual zero lot line units in the development, or, in the case of single-family dwellings, the original lot that has been subdivided to create the individual building lots.
“Piggyback or accumulative short subdivision” means multiple short subdivisions of contiguous land under common ownership. “Ownership” for purposes of this section means the owner of record as established as of the application submittal date of the initial short subdivision approval.
“Pipestem lot” means an interior lot in which the buildable area is not bounded laterally by a public street or private road, as defined in SMC 18.04.0610.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets, lots, blocks and other elements of a subdivision consistent with the provisions of this title.
“Private drive aisle” means a road that is not dedicated to the city but is owned in common by all the property owners within, and used as access to, a zero lot line subdivision or zero lot line short subdivision or a short subdivision.
“Private road” means a street or road that is not dedicated to the city and is used for access to lots which do not border on a public street. This includes shared driveways, private drive aisles, or other private accessways designed for vehicle access to the public street.
“Public way” means any publicly owned land set aside for surface transportation purposes, including vehicular, bicycle and pedestrian transportation, whether improved or not improved.
“Roadway” means that portion of an approved street intended for the accommodation of vehicular traffic, generally between curb lines on an improved surface.
“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county assessor, and containing all elements and requirements as set forth by this title.
“Street” means a public or private thoroughfare or easement which affords primary means of access. For the purposes of this title, the definition of street includes all public and private utilities such as communication lines, cable television lines, electrical lines and equipment, natural gas distribution lines, storm water, water and sewer facilities, and other similar facilities commonly found in street rights-of-way.
“Street, public” means an approved street, whether improved or unimproved, held in public ownership and intended to be open as a matter of right to public vehicular travel.
“Subdivision” means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Subdivision, full” means the division or redivision of land into 10 or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
“Subdivision, phased” means a subdivision which is developed in increments over a period of time.
“Subdivision, short” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Tract. See SMC 18.04.1015.
“Zero lot line dwelling” means a single-family dwelling that shares a wall with additional zero lot line dwellings as defined in SMC 18.04.1122. (Ord. 2851 § 2, 2023; Ord. 2842 § 1, 2023; Ord. 2788 § 15, 2021; Ord. 2588 § 1, 2016; Ord. 2544 § 1, 2015; Ord. 2253 § 1, 2008; Ord. 1886 § 1, 1999; Ord. 1763 § 1 (part), 1996)
17.04.065 Application of chapter 15.06 SMC.
The provisions of chapter 15.06 SMC shall apply to this title. (Ord. 1782 § 36 (part), 1996: Ord. 1763 § 1(B), 1996)
17.04.070 Violation – Penalty.
Any person, firm or corporation violating any of the provisions of this title shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 36 (part), 1996: Ord. 1763 § 1(C), 1996)