Chapter 16.05
GENERAL PROVISIONS
Sections:
16.05.020 Purpose and interpretation.
16.05.060 Effect of partial invalidity.
16.05.070 Effect on existing rights.
16.05.090 Effect of heading and references.
16.05.100 Existing permits to remain in force.
16.05.110 False representation prohibited.
16.05.120 Uniformity of application.
16.05.140 Effect of filing completed application.
16.05.150 Time periods--Computation.
16.05.010 Short title.
This Title 16, “Subdivisions” of the city of Wapato Municipal Code shall constitute the subdivision code of the city of Wapato and may be cited as such. (Ord. 1055 §3(part), 1998)
16.05.020 Purpose and interpretation.
This subdivision code is enacted in the exercise of the police power of the city of Wapato, to protect and preserve the public health, safety and general welfare in accordance with standards established by the state and further the goals and policies of the Wapato comprehensive plan as it exists now and in the future; to prevent the overcrowding of land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide for proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans; provide development standards and policies; to adequately provide for the housing and commercial needs of the citizens of the state; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description; establish fees related to land use and all of its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 1055 §3(part), 1998)
16.05.030 Authority.
The Wapato city council delegates the responsibility for making final determinations on all short plat exemptions and lot line adjustments to the planning administrator. The Wapato planning commission shall have the authority to make final decisions on short subdivisions. The city council shall make final decisions on all subdivisions in addition to any alterations and vacations involving public dedications. (Ord. 1055 §3 (part), 1998)
16.05.040 Scope.
The provisions of this Title 16 shall apply to all land within the corporate limits of the city. (Ord. 1055 §3(part), 1998)
16.05.050 Amendments.
A. The Wapato planning commission shall consider in a public hearing any proposed amendments to, or the repeal of, this title and submit a recommendation thereon to the city council. Public notice of the hearing before the planning commission and the city council shall be provided in the following manner:
1. By publication of at least one notice not less than ten calendar days prior to the public hearing in the official city newspaper;
2. Additional notice shall be given to individuals and organizations which have submitted written requests for notice by mailing of a notice not less than ten calendar days prior to the public hearing.
B. The city council shall also consider in public hearing and proposed amendments to, or repeal of, this title along with the recommendations of the planning commission on any proposed amendments or repeals hereon. Public notice of the hearing before the city council shall be given in the same manner as for the planning commission hearing.
C. Amendments to the fee schedule, Section 16.07.010, may be amended by resolution as stated in Section 16.07.020 and are exempt from the procedures of this Section 16.05.050. (Ord. 1055 §3(part), 1998)
16.05.060 Effect of partial invalidity.
If any provision of this title or its application to any person or circumstance is for any reason held to be invalid, the remainder of this title, or the application of the provisions to other persons or circumstances, is not affected. (Ord. 1055 §3(part), 1998)
16.05.070 Effect on existing rights.
The repeal by this title of any existing ordinance shall not revive any former ordinances heretofore repealed, nor affect any right existing or accrued, or any action or proceeding already taken, except as in this title provided. (Ord. 1055 §3 (part), 1998)
16.05.080 Savings.
The enactment of this title shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall be in existence at the date this title becomes effective. (Ord. 1055 §3(part), 1998)
16.05.090 Effect of heading and references.
Chapter headings, tables of contents, and section titles as used in this title do not constitute any part of the law. (Ord. 1055 §3(part), 1998)
16.05.100 Existing permits to remain in force.
Except as otherwise provided herein, all permits lawfully issued under the provisions of any ordinance repealed by this title shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject however, to all other provisions of this title. (Ord. 1055 §3(part), 1998)
16.05.110 False representation prohibited.
No person shall make a false statement or representation in any application, statement or report required by this title to be made. (Ord. 1055 §3(part), 1998)
16.05.120 Uniformity of application.
The provisions of this title shall be applicable and uniform with regard to all divisions, subdivisions or re-subdivisions of land into lots, tracts, parcels, sites or divisions of any nature within the corporate limits of the city of Wapato. (Ord. 1055 §3(part), 1998)
16.05.130 Exemptions.
The provisions of this title shall not apply to the following:
A. Cemeteries and other burial plots while used for that purpose;
B. Division made by testamentary provisions;
C. A division for the purpose of sale or lease when no residential structures are permitted to be placed upon the property in accordance with the provisions of Title 17 of the Wapato Municipal Code and a binding site plan for the use of the property has been approved by the administrator and filed for record with the Yakima County auditor;
D. A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose:
1. Administrative segregations in the Yakima County assessor’s office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes;
2. Annexations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing same;
3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area, by public bodies for the purpose of future use as public right-of-ways, public utility ways, or public open space.
4. The sale or lease of a condominium unit subject to the provisions of Washington State Horizontal Property Regimes Act (RCW 64.32). (Ord. 1055 §3(part), 1998)
16.05.140 Effect of filing completed application.
A. A proposed division or subdivision of land shall be considered under the subdivision code, zoning ordinance, comprehensive plan, or other land use control ordinances in effect at the time a fully completed application has been submitted to the administrator.
B. The limitations imposed by this section shall not restrict conditions imposed under the State Environmental Policy Act (“SEPA”) Chapter 43.21C RCW, or environmental regulations imposed by the city at the time of application. (Ord. 1055 §3(part), 1998)
16.05.150 Time periods--Computation.
In computing any period of time prescribed by this title the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday, or a legal holiday, when the period of time prescribed or allowed is less than seven days intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation. (Ord. 1055 §3(part), 1998)