Division I. General Provisions and Definitions
Chapter 19.02
GENERAL PROVISIONS
Sections:
19.02.020 Authority – Scope of regulations.
19.02.050 Development authorization.
19.02.060 Administration – Interpretation.
19.02.065 Appeal of decision of director.
19.02.010 Title reference.
This title shall be known as the subdivision code of the city. Persons contemplating a decision involving this code should consult with the planning department to verify the provisions which relate to their situation. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.020 Authority – Scope of regulations.
This code is adopted pursuant to the Revised Code of the State of Washington (RCW) Chapter 58.17 of “Subdivisions” and “Short Subdivisions” and includes regulations for “Boundary Adjustments,” “Planned Unit Developments” and “Binding Site Plans” (which includes condominiums). (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.030 Purpose.
The purpose of the subdivision code is to enhance the quality of life and protect the health and safety and enhance the general welfare of the citizens of the city. The subdivision code intends to accomplish this purpose by implementing the requirements of Chapter 58.17 RCW and the goals and policies of the comprehensive plan. To this end, the subdivision code is intended to:
A. Accomplish the orderly development of land within the city through regulations and standards governing subdivisions, short plats, boundary adjustments, planned unit developments and binding site plans. Condominium developments are processed as a binding site plan;
B. Coordinate development with public facilities and services and provide standards for construction of new services;
C. Improve land records and boundary monumentation;
D. Safeguard the interests of the public, the applicant and future property owners. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.040 Exemptions.
The provisions of this code shall not apply to the following:
A. Any cemetery or burial plot, while used for that purpose;
B. Any division of land made by testamentary provision, or the laws of descent. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.050 Development authorization.
A. Development Authorization – Subdivision Application. All development covered by this code shall be undertaken by first applying for development authorization pursuant to Chapter 20.14 of this code. No application for a permit required by this code shall be accepted for administration by the city until it is determined by the director to be complete, and until all appropriate administrative fees are paid. All administrative timelines listed in this code shall run from the date of acceptance by the director which shall be placed on the application and signed by the director or his designate.
B. Development Authorization – Lot Development. Development authorization for lots approved under this code shall not be issued by the director until the required improvements have been satisfactorily completed or placed under surety and have been approved by the director and the city engineer.
C. Concurrency. No subdivision, short subdivision, boundary adjustment, planned unit development, binding site plan or other division of land shall be authorized unless such action meets the requirements of this title, Titles 20 and 21 of this code, and concurrency requirements of the city.
D. Variance. Application for variance of the standards of the Subdivision Code shall be processed the same as under Chapter 20.220. All variance requests shall be processed under Level III review process, Chapter 20.26. (Ord. 2012-09 § 8, 2012: Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.060 Administration – Interpretation.
The director of the city development services department shall have the responsibility of administering and interpreting all terms and provisions of this code. Formal interpretation shall be requested in writing on forms provided by the director. Issuance of a formal interpretation shall be considered an administrative decision, with appeal as provided by Section 19.02.065 of this code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.065 Appeal of decision of director.
Any person aggrieved by a decision of the director may appeal the decision to the hearing examiner as provided in Chapter 20.38, Closed Record Decisions and Appeals, of this code. (Ord. 98-42 § 1(part), 1998: Ord. 94-17 § 2, 1997: Ord. 94-11 § 1(part), 1994).
19.02.070 Amendments.
Amendments to this code shall be made in accordance with the provisions of Chapter 20.48 of this code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.080 Severability.
The provisions of this code are severable. If any section, sentence, clause or phrase of this code is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the validity of the remaining portions of the code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.090 Enforcement.
Any violation of this code shall be subject to all provisions of Chapter 20.42, Violations and Enforcement, of this code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).
19.02.100 Fees.
Any person developing land under this code shall pay the application filing fees and engineering inspection fees and charges specified in Chapter 2.94 of this code. (Ord. 98-42 § 1(part), 1998: Ord. 94-11 § 1(part), 1994).