Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Regulations compliance required.
16.04.030 Reference to regulations, codes and standards.
16.04.074 Qualified exemptions.
16.04.078 Qualified exemption applications.
16.04.080 Boundary line adjustment – Procedure.
16.04.084 Parcel consolidation – Procedure.
16.04.088 Large lot segregations.
16.04.089 Public purpose subdivision.
16.04.090 Effect of filing completed application.
16.04.010 Short title.
The ordinance codified in Chapters 16.04 through 16.46 TMC shall be known and may be cited as the subdivision ordinance of the city of Tonasket, Washington, and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.020 Regulations compliance required.
A. No division of land shall hereafter be made within the incorporated territory of the city of Tonasket, Washington, except in full compliance with the provisions of this title and Chapter 58.17 RCW, as each now exists or is hereafter amended.
B. A proposed division of land, as defined in RCW 58.17.020, shall be considered under this title and TMC Titles 17 and 18 or other land use control ordinances in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the city.
1. The requirements for a fully completed application are defined in TMC 19.05.030.
2. The limitations imposed by this section shall not restrict conditions imposed under SEPA (Chapter 43.21C RCW). (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.030 Reference to regulations, codes and standards.
References to specific statutes, codes and standards in this title shall include amendments to such statutes, codes and standards as they may hereafter occur. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.040 Purpose.
The provisions of this title are adopted to:
A. Comply with the requirements of Chapter 58.17 RCW, the Growth Management Act, as amended, the Shoreline Management Act, as amended, and Chapter 347, Laws of 1995;
B. Promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land;
C. Provide uniform standards and regulations for the division of land;
D. Lessen congestion in the streets and highways;
E. Promote effective use of land consistent with environmentally sensitive development practices;
F. Promote safe and convenient travel by the public on streets and highways;
G. Provide for adequate light and air;
H. Facilitate adequate provision for water, storm drainage, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements;
I. Provide for proper ingress and egress;
J. Provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies;
K. Adequately provide for the housing and commercial needs of the citizens of the city of Tonasket;
L. Be consistent with and implement the intent and spirit of the city of Tonasket comprehensive plan, the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA) and its guidelines including the necessity for preparation of an environmental impact statement in event of a determination of significance; and
M. Require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.050 Scope.
In their interpretation and application, the provisions of this title shall be held to be standard requirements, adopted for the promotion of the public health, safety or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations, and ordinances, including TMC Titles 17 and 18, State Environmental Policy Act (SEPA) review, the most restrictive, or those imposing the higher standards, shall govern. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.060 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, the remainder of this title shall not be affected. If any provisions of this title have inadvertently quoted the incorrect ordinance or RCW, they may be corrected by the administrator, city council, or city attorney without the necessity of resubmission and the hearing process, etc., as long as the alteration in no way affects the meaning or intent. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.070 Exemptions.
Pursuant to RCW 58.17.040, the provisions of this title shall not apply to:
A. Cemeteries and other burial plots, while used for that purpose;
B. Divisions of land, in accordance with the applicable zoning density or lot size requirements, into lots or tracts each of which is one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, except as set forth in TMC 16.04.088; provided, that for purposes of computing the size of any lot under this subsection 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;
C. Any division made by testamentary provisions or the laws of descent (note: lots formed in this fashion must meet the requirements of all other ordinances and may or may not be buildable lots);
D. 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 nor create any lot, tract, parcel, site, or division which contains insufficient lot area and dimensions to meet minimum requirements for width and lot area for a building site as contained in TMC Title 17. For procedure on performing boundary line adjustments, see TMC 16.04.080;
E. 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 zoning and any other city regulations applicable to the approved binding site plan;
F. A division for the purpose of lease when no residential structures 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 the land in accordance with local regulations;
G. Divisions of land into lots or tracts if:
1. 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;
2. 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;
3. The city has approved the binding site plan for all such land;
4. Such approved binding site plan is recorded in the county auditor’s office;
5. 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 Tonasket, 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.
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:
a. In connection with the final approval of a subdivision plat or planned development with respect to all of such land; or
b. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
c. If not approved pursuant to subsection (G)(5)(a) or (b) of this section, then pursuant to such other procedures as the city may have established for the approval of a binding site plan;
H. 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
I. 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 Tonasket. 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. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.074 Qualified exemptions.
The administrator may exempt the following actions from the requirements of this chapter through Chapter 16.46 TMC as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this section have been met.
A. A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
1. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same;
2. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings;
B. A prior division of land as defined by TMC 16.08.330. (Ord. 786 § 1 (Exh. A), 2017).
16.04.078 Qualified exemption applications.
A. An application for a qualified exemption is a Type I action and shall be processed in compliance with Chapter 19.05 TMC and shall be accompanied by a nonrefundable application fee as set forth in the adopted city fee schedule. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt.
B. Exemption may be granted by the administrator for only those actions which do not contravene the spirit and intent of this chapter through Chapter 16.46 TMC and applicable state statutes. (Ord. 786 § 1 (Exh. A), 2017).
16.04.080 Boundary line adjustment – Procedure.
An application for a boundary line adjustment is a Type I action, which shall be processed in compliance with Chapter 19.05 TMC and accompanied by an application fee as specified in the city’s adopted fee schedule, and shall use the following procedure:
A. Boundary line adjustments may be performed between owners of contiguous lots which are legally separate, provided:
1. The administrator certifies the following:
a. No new lots are created (e.g., if you start with two parcels you must end up with two parcels or less);
b. The character of the parcels is not substantially altered (e.g., if a lot has access to a body of water, a boundary line adjustment may not be performed if the lot loses its access to the water);
c. The new parcel configurations contain sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site. A boundary line adjustment between existing nonconforming lots shall not result in lots of greater nonconformity with the exception of lot area (lot reduction shall be the minimum necessary to accomplish the objective of the boundary line adjustment); and
d. The new parcel configuration does not result in the loss of access to any public or private road. Access may be provided by easement noted on parcel deeds.
B. All boundary line adjustments will be reviewed on a case-by-case basis. Approval of boundary line adjustments may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:
1. A legal description of the parcels involved in the boundary line adjustment;
2. A legal description and appropriate drawing of sufficient accuracy and legibility to be recorded in the office of the Okanogan County auditor. Said drawing must indicate the proposed new parcel boundaries;
3. A signature of all fee owners or authorized agents having authority to sign for properties involved in the boundary line adjustment;
4. The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator (may waive requirement if TMC 16.12.050(B) applies); and
5. Conveying document.
C. The boundary line adjustment will not take effect until recorded in the office of the Okanogan County auditor. The city may not recognize the change in boundaries for permitting purposes until the administrator receives copies of all recorded documentation. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).
16.04.084 Parcel consolidation – Procedure.
An application for a parcel consolidation is a Type I action, which shall be processed in compliance with Chapter 19.05 TMC and accompanied by an application fee as specified in the city’s adopted fee schedule. Parcel consolidations may be performed between an owner of contiguous lots which are legally separate provided:
A. The administrator certifies the following:
1. The new parcel configuration contains sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site;
2. A parcel consolidation between existing nonconforming lots shall reduce nonconformity with existing zoning; and
3. The new parcel configuration does not result in the loss of access to any public or private road. Access may be provided by easement noted on parcel deeds.
B. All parcel consolidations will be reviewed on a case-by-case basis. Approval may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:
1. A legal description of the parcels involved in the consolidation;
2. A legal description and appropriate drawing of sufficient accuracy and legibility to be recorded in the office of the Okanogan County auditor. The drawing must indicate the proposed new parcel boundaries;
3. A signature of all fee owners or authorized agents having authority to sign for properties involved in the consolidation;
4. The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator (may waive requirement if TMC 16.12.040(B) applies); and
5. Conveying document.
C. The consolidation will not take effect until recorded in the office of the Okanogan County auditor. The city may not recognize the change in boundaries for permitting purposes until the administrator receives copies of all recorded documentation are submitted to the city. (Ord. 786 § 1 (Exh. A), 2017).
16.04.088 Large lot segregations.
A. Applicability. When three or more parcels of land, the smallest of which is at least five acres in size (or one hundred twenty-eighth of a section if the land is capable of description as a fraction of a section of land), are proposed to be created from a parent parcel, the provisions of this chapter shall apply. The large lot segregation needs to be approved prior to the sale of individual parcels. Boundary line adjustments must not be used in conjunction with large lot segregations in order to adjust lots less than five acres in area or one hundred twenty-eighth of a section of land, without the filing of a short plat, long plat or planned development.
B. Application and Contents. Application for a large lot segregation is a Type I action and shall be processed in compliance with TMC Title 19 and be accompanied an application fee as specified in the city’s adopted fee schedule. The following information is required in addition to the requirements of TMC 19.05.030:
1. A legal description and accompanying map drawn to reflect the legal description of both the existing parcel(s) and the proposed segregations;
2. Proof of compliance with access and utility requirements per Chapters 16.28 and 16.32 TMC;
3. Proof of the availability of and access to water and sewer;
4. Addresses for each parcel created;
5. Names of newly created access roads (both public and private). (Ord. 786 § 1 (Exh. A), 2017).
16.04.089 Public purpose subdivision.
A. A short subdivision may be made for the purpose of creating a portion of property to be deeded or dedicated to the city, any county, taxing district, governmental body, utility company or nonprofit community organization or foundation (whose articles or bylaws allow it to hold land for public use and benefit) for a designated use providing the remaining portion of property has sufficient lot area, dimensions, and meets all other criteria to comply with the applicable city regulations, for the intended purpose of the subdivision.
B. Public purpose subdivisions may include deeded or dedicated streets, paths, trails and rights-of-way for public access purposes. If such subdivision’s deeded path, trail or right-of-way traverses a parcel, such path shall not be considered a division of the underlying parcel nor subtract from the parcel size for density purpose.
C. The administrator may approve a public purpose subdivision under the following circumstances:
1. An application form made available by the administrator shall be completed including the following information:
a. A legal description of the entire property;
b. A legal description of the property to be separated and deeded;
c. A statement of the specific public purpose;
d. Signature(s) of all owner(s) or their agent(s) having authority to deed the property involved in the application and the body or agency to receive the property; and
e. Sufficient information to determine whether the public purpose parcel and the remainder meets the standards of TMC 16.08.070, Buildable lot.
2. The subdivision shall include in the instrument of transfer that, “The subject property was created for (purpose) under the public purpose provision of the Tonasket subdivision code.” Additionally, if the parcel subdivided does not meet the criteria for a “buildable lot” the following additional language shall be included on the instrument of transfer: “As long as the property is a public purpose parcel, building permits may be obtained consistent with the public purpose use for which the segregation was made; provided, that no structures for human habitation shall be erected. In the event that the parcel is no longer used for public purposes or is transferred out of ownership of the public entity, all zoning, subdivision, density requirements and other land use requirements must be met before any building permit can be obtained.”
3. A public purpose subdivision shall be recorded in the same general manner as described in TMC 16.12.080 through 16.12.100. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001. Formerly 16.12.200).
16.04.090 Effect of filing completed application.
A. A proposed division of land, as defined in TMC 16.08.180, shall be considered under the subdivision code and zoning or other land use control ordinances in effect at the time of a fully completed application for preliminary plat approval or short plat approval.
B. The limitations imposed by this section shall not restrict the conditions imposed under the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, and the city SEPA regulations, Chapter 18.04 TMC. (Ord. 786 § 1 (Exh. A), 2017; Ord. 587 § 1, 2001).