This chapter shall be known as the subdivision ordinance of the city.
(Ord. 2852 § 10 (Exh. A), 2011)
These regulations are authorized by Chapter 58.17 RCW and other applicable state laws and city ordinances.
(Ord. 2852 § 10 (Exh. A), 2011)
(1)
The purpose of these regulations is to regulate the division of land and to promote the public health, safety and general welfare in accordance with standards established by the state and city; 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 provide for adequate provisions for water, sewer, parks and recreation areas, sites for schools and school grounds and other public requirements; to provide proper ingress and egress; to provide for the expeditious review and approval of proposed subdivisions and short subdivisions; to adequately provide for the housing and commercial needs of the citizens of the city; to promote design that is compatible with the natural environment; and to require uniform monumenting of land and conveyancing by accurate legal description.
(2)
It is further the purpose of these regulations to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these regulations.
(3)
It is the specific intent of these regulations to place the obligation of complying with its requirements upon the property owner and applicant and no provision or term used in these regulations is intended to impose any duty whatsoever upon the city or any of its officers, employees or agents, for whom the implementation or enforcement of these regulations shall be discretionary and not mandatory.
(4)
Nothing contained in these regulations is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the failure to comply with these regulations, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement of these regulations, or by reason of any action or inaction on the part of the city related in any manner to the enforcement of these regulations by its officers, employees or agents.
(Ord. 2852 § 10 (Exh. A), 2011)
These regulations shall apply to all divisions of all lands within the incorporated area of the city.
(Ord. 2852 § 10 (Exh. A), 2011)
(1)
Divisions of Land – Compliance with State Law and This Title. Every division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership shall proceed in compliance with the provisions of state law and this title. All contiguous parcels of land, regardless of date of acquisition or location in different lots, tracts, parcels, tax lots or separate government lots, that are to be subdivided or short subdivided shall constitute a single subdivision or short subdivision action. Multiple applications and/or exemptions shall not be utilized as a substitute for comprehensive subdividing or short subdividing in accordance with the requirements of this title.
(2)
Exemptions.
(a)
The provisions of this title as they relate to subdivisions shall not apply to:
(i)
Cemeteries and other burial plots while used for that purpose;
(ii)
A division made by testamentary provisions, or the laws of descent;
(iii)
Boundary line adjustments pursuant to the city boundary line adjustment ordinance;
(iv)
A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if the city has approved a binding site plan for all such land, and the requirements of RCW 58.17.040(7) have been met;
(v)
A division of land into lots, tracts or parcels classified for business, commercial and industrial use pursuant to the city's binding site plan ordinance (Chapter 22G.100 MMC);
(vi)
A division for the purpose of lease when no residential structure other than mobile homes or travel trailers is to be placed upon the land and when a binding site plan has been approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks, and Chapter 22C.240 MMC, Recreational Vehicle Parks;
(vii)
A division for the purpose of leasing land for facilities providing personal wireless service while used for that purpose.
(b)
The provisions of this title as they relate to short subdivisions shall not apply to:
(i)
Cemeteries and other burial plots while used for that purpose;
(ii)
A division made by testamentary provisions, or the laws of descent;
(iii)
Boundary line adjustments pursuant to the city boundary line adjustment ordinance (Chapter 22G.110 MMC);
(iv)
A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW (Horizontal Property Regimes Act) or Chapter 64.34 RCW (Condominium Act) if the city has approved a binding site plan for all such lands, and the requirements of RCW 58.17.040(7) have been met;
(v)
A division of land into lots, tracts or parcels classified for business, commercial and industrial use pursuant to the city's binding site plan ordinance;
(vi)
A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved by the city for the use of the land, pursuant to Chapter 22C.230 MMC, Mobile Home Parks, and Chapter 22C.240 MMC, Recreational Vehicle Parks;
(vii)
A division or redivision of land for the purpose of sale, lease or transfer of ownership which is done in accordance with the subdivision requirements of this title;
(viii)
A division of land for city governmental purposes limited to the acquisition of land for right-of-way and detention facilities; and
(ix)
A division for the purpose of leasing land for facilities providing personal wireless service while used for that purpose.
(3)
The exemptions provided in this section shall not be construed as exemptions from compliance with all other applicable standards required by the city and state.
(Ord. 2852 § 10 (Exh. A), 2011)