Chapter 16.08
DEFINITIONS
Sections:
16.08.010 Generally.
Whenever the words and phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them by this chapter. When not inconsistent with the context, words used in the present tense include the future; the singular includes the plural, and the plural the singular; “shall” is always mandatory and “may” indicates a use of discretion in making a decision. (Ord. 449 Ch. II(part), 1995)
16.08.020 Definitions.
“Access corridor” means a private easement or right-of-way providing primary access from a public right-of-way to a lot, parcel or tract of land. Such corridors shall meet applicable requirements of Chapter 16.32, Design Standards, regarding access corridors.
“Administrator” means the Winthrop town planner or other person designated by the mayor and approved by the council.
“Alley” means a narrow street, dedicated to public use, used primarily for vehicular access or utility installation to the rear or side of properties otherwise abutting on another street.
“Block” means a group of lots, within a plat.
“Buildable lot” means a lot upon which the town will issue a building permit in accordance with zoning and other applicable regulations.
“Comprehensive plan” means the current comprehensive plan of the town, adopted by the town council pursuant to state law.
“Consulting engineer” means the engineering firm selected by the town and appointed by the mayor as the town’s official engineer.
“County auditor” means the Okanogan County auditor authorized pursuant to RCW 36.22 as it now exists or is hereafter amended.
“County treasurer” means the Okanogan County treasurer authorized pursuant to RCW Chapter 36.29 as it now exists or as hereafter amended.
“Cul-de-sac” means a short street having one end open to traffic and being permanently terminated by a vehicle turnaround by either a circular or hammerhead form. Note: a temporary cul-de-sac may be similar in appearance but have a tract of land through which the roadway may eventually be extended.
“Dedication” means the deliberate appropriation and transfer of title of land by an owner to a public entity for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by presentment for filing by the owner of a long plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate authority.
“Development guidelines and standards” means those design standards outlined in this title, Title 17, Chapter 12.04 and any other ordinances of the town.
“Division of land,” for purposes of this title, means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size or legal description of any part of an owner’s parent parcel. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land shall not constitute a division of land.
“Easement” means a grant by a property owner to specific persons or to the public to use a designated portion of land for a specific purpose or purposes. Easements are only partial grants of authority over the subject property, the exact relationship of the easement right to the landowner’s right is normally explained by the terms of the easement. Easements do not normally involve the transfer of ownership.
“Final approval” means the final official action taken by the planning commission and the town council on the final plan, subdivision or dedication or portion thereof, that has previously received preliminary approval.
“Final long plat” means the final drawing of the long subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title and in any other regulations adopted pursuant to this title. After the Okanogan County auditor has filed and recorded the final long plat, it shall thereafter be known as an authorized plat, subdivision or dedication.
“Land” means a legally created lot, tract, parcel, site or division which is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to July 5, 1995, or constitutes a prior division of land as defined in this chapter, Prior division of land. If a deed requires a determination whether separate units of property are in fact described therein, application for prior division exemption shall be made in the same manner prescribed for contracts in the definition for prior division of land.
“Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
Monument, Permanent Control. “Permanent control monument” means a five-eighths-inch rebar, one-inch iron pipe or a brass or aluminum cap set in a concrete collar with the surveyor’s name and professional license number. If brass or aluminum caps are used, a piece of iron scrap shall be embedded in the concrete collar for magnetic detection.
“Open space” means any parcel, tract of land or water feature that is essentially unimproved or improved with low density agricultural or garden uses and which has been set aside, dedicated, designated or reserved for public enjoyment.
Open Space, Common. “Common open space” means land within or related to development, not individually owned (undivided interest), which is designed and intended for the common use or enjoyment of the residents of the development.
“Parent parcel” means those lots, parcels or tracts of land that existed at the time of adoption of the ordinance codified in this title with separate deeds and/or all lawfully established lots, parcels or tracts since that time. It is from said parent parcel that all subsequent lots, parcels or tracts are created.
“Planning commission” means the Winthrop town planning commission.
“Plat” or “long plat” means a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into five or more lots, blocks, streets and alleys or other divisions and dedications.
“Preliminary approval” means the official action taken on the preliminary plan, subdivision or dedication by the planning commission, meeting in an official session.
“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall serve as the basis for the approval or disapproval of the general layout of a subdivision.
“Prior division of land” means any of the following:
A. A division initiated by sale, lease, transfer or option contract executed prior to August 16, 1995, which presently remains a binding and enforceable commitment as between the parties thereto, their successors, or assigns. If the applicable instrument does not specifically designate separated units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior division of land providing that any division executed prior to the effective date of the ordinance codified in this title was in full and complete compliance with the then applicable subdivision ordinances and laws of the state of Washington;
B. A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection A of this section;
C. A taxation parcel of any size which was created prior to August 16, 1995, for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor’s office solely for tax purposes include senior citizen segregations administratively affected by one other than the landowner or agent; and segregations for tax exemption purposes. Such segregations for taxation purposes are not considered to be prior divisions of land for purposes of this title;
D. A taxation parcel created in the assessor’s office for description purposes because of section lines if it conforms with zoning lot size and width requirements in effect at the time of application for exemption;
E. A division of land created by a public right-of-way traversing the land.
“Private road” means every way or place in private ownership and used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons; such roads are not maintained by the town or any other public agency (government unit).
“Public works director” means the official appointed by the mayor to serve as the director of the town’s public works department.
“Recording form” means a short or final plat as required per provisions of this title for filing with the Okanogan County auditor.
“Road” means the improved (and town- maintained) portion of a public right-of-way which provides vehicular circulation or principal means of access to abutting properties, and the right-of-way may also include provisions for public utilities, pedestrian walkways, public open space and recreation areas, cut and fill slopes, and drainage.
“Service drive” means a street abutting and parallel to a primary arterial or a collector street which is designed to provide access to abutting property and not to provide access to the arterial except at intersections.
“Short plat” means the drawing of the subdivision into four or fewer parcels prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title and in any other regulations adopted pursuant to this title.
“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, including any remaining portions of the parent parcel for any lot created through use of Chapter 16.12, Short Plats and Short Subdivisions.
“Sketch plat” means a sketch preparatory to the preparation of a preliminary plat (or final plat in the case of a short subdivision involving no public dedication) to enable the subdivider to save time and expense in reaching agreement on the plat and any requirements pertaining thereto.
“Subdivider” means a person or persons, including a corporation, partnership, or other association, who undertakes to create, alter or expand a subdivision or short subdivision.
“Subdivision (long plat)” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership including any remaining portions of the parent parcel.
“Town attorney” means the attorney appointed by the mayor and approved by the town council to serve as the town’s official legal counsel.
“Town council” means the legislative authority of the town as defined in RCW 35.27 as it now exists or is hereafter amended.
“Zoning/zoning code” means Ordinance 372 (as amended) of the town, codified as Title 17 of this code. With regard to zoning-related matters such as lot size, etc., all regulations of this code must be consistent with the zoning code. (Ord. 474 § 3(L), (M), 1996; Ord. 449 Ch. III (part), 1995)