Chapter 21.05
GENERAL PROVISIONS*
Sections:
21.05.040 Administrative rules.
21.05.070 Division of land by streets or rights-of-way.
*Statutory references: Chapters 35.21, 35.22, 36.70, 58.17, and 64.32 RCW.
21.05.010 Purpose.
The purpose of this title is to regulate the division of land lying within the corporate limits of the City, to promote the public health, safety, and general welfare, and to:
A. Implement the goals, objectives, and policies of the comprehensive plan;
B. Facilitate adequate provision for streets, water, sewerage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements;
C. Prevent the overcrowding of land, lessen congestion, and promote safe and convenient travel by the public on streets and highways; and
D. Provide for the expeditious review and approval of proposed land divisions that comply with this title, the City development regulations, and Chapter 58.17 RCW.
(Ord. 500 § 1, 2007).
21.05.020 Applicability.
Every division of land including but not limited to subdivisions, short subdivisions, binding site plans, and boundary line adjustments shall comply with the provisions of Chapter 58.17 RCW, this title, UPMC Title 22, and other applicable laws. After final plat or short plat approval, any subsequent division of land shall be in compliance with this title and other applicable UPMC code provisions. To the maximum extent permitted by law the requirements of this title shall be applicable to any plats or lots approved prior to the effective date of this title.
(Ord. 500 § 1, 2007; Ord. 423 § 75, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.02.010).
21.05.030 Administration.
The Community Development Department is the primary City department responsible for administering this regulation; however, other City departments are delegated specific duties. In the event a legal question is involved, only the department, Examiner, or Council may refer the question to the City Attorney’s office for advice.
(Ord. 500 § 1, 2007; Ord. 423 § 100, 2004; Ord. 61 § 1, 1995. Formerly 21.22.050).
21.05.040 Administrative rules.
The Director may promulgate administrative rules and regulations to implement the provisions and the requirements of this title.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.16.070).
21.05.050 Fees.
All application fees are set by separate resolution.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.06.010).
21.05.060 Exemptions.
The provisions of this title shall not apply to the following:
A. Cemeteries and other burial plots while used for that purpose.
B. Divisions of land made by testamentary provisions or by the laws of descent; provided, that each lot shall meet all applicable minimum lot size requirements.
C. Divisions of land into lots or tracts classified for industrial or commercial use pursuant to a binding site plan that authorizes specific uses of land in accordance with this title.
D. A division of land for the purpose of leasing portions thereof if no residential structure, other than mobile homes or travel trailers, is placed upon the land and the City has approved a binding site plan.
E. A division of land that is made by 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 and subject to the provisions of RCW 58.17.040(7).
F. A division of land for the purpose of leasing land for facilities providing personal wireless services while used for that purpose.
G. 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. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. 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. 500 § 1, 2007; Ord. 423 § 75, 2004; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.02.010).
21.05.070 Division of land by streets or rights-of-way.
A parcel is not divided into separate, legal lots by any of the following actions:
A. A state or federal road or highway; or
B. A City street that has been adopted as part of the City street system; or
C. A City street right-of-way that has been acquired or accepted by the City.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.02.015).
21.05.080 Names and numbers.
A. General. In order to promote an orderly and coherent street and property location system, names and numbers in subdivisions, short subdivisions and binding site plans shall be assigned in accordance with the procedures and guidelines established herein.
B. Plat Names and Numbers. Names shall be chosen by the applicant subject to approval by the Department. The Department shall approve the proposed name if it is reasonably distinguishable from previously established names and consistent with established area place names. A number assigned by the auditor at the time of recording shall designate the legal identification of short plats.
C. Street Names and Numbers. All public and private streets established by subdivision, short subdivision, or binding site plan shall have street names or numbers assigned and clearly shown on the plats prior to approval and recording. The Director shall assign street names and numbers. Private streets shall be clearly labeled on the face of the plat.
(Ord. 500 § 1, 2007; Ord. 423 § 86, 2004; Ord. 150 § 4, 1997; Ord. 61 § 1, 1995. Formerly 21.10.030).
21.05.090 Control monuments.
Except for subdivisions excluded under the provisions of RCW 58.17.040, as now or hereafter amended, and this title, permanent control monuments shall be established at each and every controlling corner on the boundaries of the parcel of land being subdivided. The City Engineer shall determine the number and location of permanent control monuments within the plat, if any.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.10.040).
21.05.100 Process in general.
Except as provided by this chapter, land divisions subject to this title shall be processed in accordance with UPMC Title 22, Administration of Development Regulations.
(Ord. 500 § 1, 2007).
21.05.110 Effect of approval.
The approval of a land division shall not be a guarantee that future permits will be granted for any structure or development within a lot affected by the boundary line adjustment.
(Ord. 500 § 1, 2007).
21.05.120 Appeals.
Following a decision on a land division, any aggrieved person affected may appeal such decision in accordance with UPMC Title 22, Administration of Development Regulations.
(Ord. 500 § 1, 2007).
21.05.130 Severability.
If any provision of this title or its application to any person or legal entity or circumstances is held invalid, the remainder of the title or the application of the provision to other persons or legal entities or circumstances shall not be affected.
(Ord. 500 § 1, 2007; Ord. 61 § 1, 1995. Formerly 21.22.070).