Chapter 21.70
PENALTIES AND ENFORCEMENT

Sections:

21.70.010    Penalties.

21.70.020    Enforcement.

21.70.010 Penalties.

A. Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this title, adopted pursuant to State law, relating to the sale, offer for sale, lease, or transfer of any lot, tract, or parcel of land shall be guilty of a gross misdemeanor, and upon conviction thereof, be penalized as provided in Chapter 1.15 UPMC. Each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this title shall be deemed a separate and distinct offense.

B. Civil Penalties. In addition to any criminal penalties, any person who fails to comply with the provisions of this chapter shall be subject to a civil penalty in accordance with Chapter 1.15 UPMC.

C. Any person who violates any court order or injunction issued pursuant to this title or State law shall be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both.

D. If performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of the final plat containing the lot, tract, or parcel under this chapter, the offer or agreement is not subject to the penalties above and does not violate any provision of this chapter. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final plat is recorded.

(Ord. 688 § 1 (Exh. E), 2017; Ord. 500 § 1, 2007; Ord. 130 § 5 Exh. B, 1996; Ord. 61 § 1, 1995. Formerly 21.22.020).

21.70.020 Enforcement.

All City staff shall submit all suspected violations of this title to the City Attorney.

A. Assessor-Treasurer. The County Assessor-Treasurer, when requested to segregate any parcel of land that appears to be in violation of this title, shall notify the City Attorney.

B. Building Inspection and Permits. All applicants for building permits shall show by instrument of conveyance and an affidavit from the vendor, grantor, or the applicant that their building lot is not a division from an original tract or that they or their predecessors have complied with or are exempt from this title. Building permits shall be denied to any applicant whose parcel, lot, or tract is not in compliance with this title. No building permit shall be issued for any lot within a plat or short plat until final approval is obtained from the appropriate City authority except as provided herein for model homes.

Building permits except as provided herein shall not be issued to any applicant until the site plan includes any required or mentioned element noted on the final plat, short plat, or binding site plan, including but not limited to building site location, access, drainage, sewers or septic tank, and water system. An occupancy certificate shall not be issued until all such required or mentioned elements are satisfied.

C. Health Department. Septic tank permits may be denied to any applicant whose parcel, lot, or tract is not divided in compliance with this title.

D. Assessor-Treasurer. A one-percent real estate excise tax affidavit shall be filed in the City Assessor-Treasurer’s office for all transfers of real property within the City. The affidavit shall include a parcel number or numbers of the current tax account or accounts involved in the sale. If there is a separation of said tax account, the total acreage or square footage of said tax account shall be stated therein and a rough diagram of the original parcel and the divided parcel shall be drawn thereon. Said diagram shall identify the section, township, range, quarter section, and placement of existing buildings.

(Ord. 688 § 1 (Exh. E), 2017; Ord. 500 § 1, 2007; Ord. 423 §§ 98, 99, 2004; Ord. 61 § 1, 1995. Formerly 21.22.030).

Appendix A

Land Division Submittal Requirements

Submittal Standards

Preliminary Plat

Final Plat

Short Plat

Binding Site Plan

Condominium

Boundary Line Adjustment

Lot Combination

Plat Alteration

Plat Amendment

Plat Vacation

Land Use Application

X

X

X

X

 

X

X

X

X

X

Land Division Application

X

X

X

X

 

X

X

 

X

 

Petition

 

 

 

 

 

 

 

X

 

X

Fee

X

X

X

X

 

X

X

X

X

X

SEPA Checklist

X

 

1

1

1

 

 

1

1

 

Plat

X

X

X

X

 

X

X

O

X

 

Reduced Site Plan

X

 

 

 

 

 

 

X

X

 

Survey

X

X

X

X

 

X

X

O

X

 

Vicinity Map

X

 

X

X

 

 

 

X

X

X

Notification Map and Labels

X

 

X

X

 

 

 

X

X

X

Landscape Plans

X

X

X

X

 

 

 

 

 

 

Tree Preservation Plan

X

 

X

X

 

 

 

 

 

 

Water Certificate

X

 

X

X

 

 

 

 

 

 

Health Department Letter

X

 

X

X

 

 

 

 

 

 

Title Report

 

X

 

 

 

 

 

 

 

X

Lot Closures

 

X

 

 

 

 

 

 

O

 

Codes, Covenants and Restrictions

 

X

 

 

 

 

 

X

X

X

Grading Plan

 

 

 

 

 

 

 

 

 

 

Phasing Plan

O

 

 

 

 

 

 

 

 

 

Parking Plan

 

 

 

X

X

 

 

 

 

 

Wetland Report

1

 

1

1

1

 

 

O

O

 

Habitat Report

1

 

1

1

1

 

 

O

O

 

Geotechnical Report

1

 

1

1

1

 

 

O

O

 

Traffic Impact Analysis

X

 

 

 

 

 

 

 

 

 

X = Required

O = Optional depending on nature of request

1 = Required if a critical area is present and for replats and plat alterations without prior SEPA

Note: In addition to the submittal requirements for a complete application, additional information may be required prior to approval.

(Ord. 500 § 1, 2007).

Appendix B

Plat Requirements Matrix  

Plat Requirements

Pre. Plat

Final

Short

BSP

BLA/COMB.

All plats shall comply with RCW Title 58, the Survey Recording Act, and the following:

X

X

X

X

X

The plat shall be drawn to the scale of one inch equals 100 feet or larger

X

X

X

X

X

The boundary and dimensions of the “original tract” including its assessor’s parcel number, section, township and range, and all adjoining public or private streets and identifying names

X

X

X

X

X

The lot and tract layout with lot and tract line dimensions, the area in square feet contained in each lot and tract; a number identifying each lot and a letter identifying each tract

X

X

X

X

X

The location, names, and right-of-way widths of all proposed streets

X

X

X

X

 

The location, names, and right-of-way widths of all existing and proposed streets and driveways within 250 feet of the boundaries of the proposed land division

X

 

X

X

 

Drawn on a sheet size of 18-inch by 24-inch (preliminary plats shall be on drawn on a 24-inch x 36-inch sheet)

X

X

X

X

X

The location, size, and use of all proposed and existing common and public areas and a description of uses contemplated

X

X

X

X

 

The location and use of all existing buildings within the proposed land division, indicating which buildings are to remain and which are to be removed

X

 

X

X

X

The location, width, and a description of all existing easements in the land division including notes regarding and proposed easement changes

X

X

X

X

X

The location of any state shorelines and associated wetlands within the subdivision

X

X

X

X

X

A title block listing the proposed name of the land division

X

X

X

X

X

A title block including name and address of the original tract owner, the name, address, and phone number of the applicant, the name, address, and phone number of the engineer, surveyor, or other individual responsible for laying out the land division, a north arrow, the scale of the drawing, and the date of the drawing

X

X

X

X

X

The location in or within 200 feet of the land division of any springs, creeks, drainage courses, drainage ways, wetlands, and wetland buffers, slopes over 15 percent, and 100-year floodplain boundaries including the elevation of the 100-year flood at the point immediately upstream from the land division

X

X

X

X

X

An information block containing the original tract size in acres; gross density; net density (gross minus roads, unbuildable critical areas, open spaces, and or storm drainage facilities, etc.); the area of roads, critical areas by type, and open spaces; the number of lots; the number of tracts; the minimum lot size; the average lot size; the maximum lot size; and a legal description of the original tract

X

 

 

 

 

The use and approximate location of all buildings within 50 feet of the boundaries of the proposed land division

X

 

 

 

 

The location and disposition of any wells, septic tanks, and/or drain fields in or within 50 feet of the proposed land division

X

 

X

 

X

The location, size, and type of utilities in and adjacent to the proposed subdivision, indicating those utilities which will provide service to the proposed development and their planned location within the subdivision

X

 

 

 

 

Topography in not less than five-foot contour intervals certified by the engineer or surveyor within the proposed subdivision and not less than 10-foot contour intervals within 50 feet of the proposed subdivision

X

 

X

X

 

A vicinity map drawn to a scale of four inches equals one mile or other approved scale of sufficient detail to orient the location of the original tract

X

 

X

X

 

The location of any public facilities such as schools and parks within 200 feet of the proposed subdivision

X

 

 

 

 

Zoning designations within and adjacent to the subdivision

X

 

X

X

 

Space or a second 18-inch by 24-inch Mylar sheet shall be reserved for comments, conditions, and appropriate city signatures

 

 

X

X

 

The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles

 

 

 

X

 

The number and location of proposed or existing parking spaces on and off the site

 

 

 

X

 

Include elevations and floor plans as known

 

 

 

X

 

A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years

 

 

 

X

 

BLA / Lt Combo

The proposed lines for all affected lots, indicated by heavy solid lines

 

 

 

 

X

The existing lot lines proposed to be changed, indicated by heavy broken lines

 

 

 

 

X

The location and dimensions of all structures/improvements existing upon the affected lots and the distance between structures/improvements and the proposed lot/boundary lines

 

 

 

 

X

The original legal description of the entire property together with new separate legal descriptions for each parcel, labeling them specifically as parcel A, parcel B, etc.

 

 

 

 

X

The position of rebar and caps set at each new property corner

 

 

 

 

X

(Ord. 500 § 1, 2007).