This chapter governs the division and re-division of land into lots for the purpose of sale, lease or other transfer by utilizing one of the following processes: Short Subdivision, Long Subdivision, and Binding Site Plan. This chapter also governs the minor adjustment of boundary lines through the Boundary Line Adjustment process. The intent of this chapter is to carry out the policies of the comprehensive plan, the city-wide Planning Policies and the laws of the State of Washington relating to land division.
(Ord. 812 § 1 (part), 2005)
This chapter shall apply to all divisions and redivisions of land for the purposes of sale, lease or other transfer except the following per RCW 58.17.040:
A. 
Cemeteries and other burial plots while used for that purpose.
B. 
Divisions of land into lots each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres of larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size under this subsection exemption of any lot that borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center line.
C. 
Divisions made by testamentary provisions, or the laws of descent; provided, that newly created parcels are subject to all zoning and building code regulations in effect at the time of the filing of a complete development permit application for such parcel.
D. 
A division for the purpose of leasing land for facilities providing personal wireless services as defined by RCW 58.17.040 while used for that purpose.
E. 
A division of land into lots or tracts for electric utility facilities as defined and permitted by RCW 58.17.040.
(Ord. 812 § 1 (part), 2005)
As used in this subchapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
“Binding site plan”
means a drawing which:
1. 
Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations;
2. 
Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and
3. 
Contains provisions making any development be in conformity with the site plan.
Binding site plans are often used in the event of business sites or condominiums in which there is shared ownership in common areas or binding conditions upon property owners.
“Block”
is a group of lots, tracts, or parcels within well defined and fixed boundaries.
“Dedication”
is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself 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 the owner by the presentment for filing of a final 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 governmental unit. A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.
“Final plat”
is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.
“Legal lot”
includes tracts, parcels, sites or other divisions with legally defined boundaries.
“Lot”
is a fractional part of divided 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.
“Planning commission”
means that body as defined in Chapter 35A.63 RCW as designated by the city council.
“Plat”
is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
“Preliminary plat”
is 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 chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
“Short plat”
is the map or representation of a short subdivision.
“Short subdivision”
is 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. However, in some situations the maximum can be increased to eight.
“Subdivision” or “long subdivision”
is 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, except as provided in PMC 16.10.115.
(Ord. 812 § 1 (part), 2005)
A. 
Only a legal lot may be divided.
B. 
For the purpose of determining the gross acreage of a proposed land division, the acreage shall include that area which would be bounded by the centerline of any existing public road or street, which is adjacent to the land division, and the side lot lines of the lot running perpendicular to such centerline.
C. 
For the purposes of determining whether proposed lots within a proposed land division meet the minimum lot size of the zone, the proposed lot acreage shall include:
1. 
That area which would be bounded by the center line of any existing public road or street which is adjacent to the lot and the side lot lines of the lot running perpendicular to such center line; and
2. 
That area which would be bounded by the centerline of any proposed public or private road or street, which is adjacent to the lot and internal to the land division, and the side lot lines of the lot running perpendicular to such center line.
(Ord. 812 § 1 (part), 2005)
The Approving Authority’s decision may be to grant or deny any application or to require of the applicant such conditions, modifications, and restrictions as are found necessary to make the application compatible with its environment and carry out the objectives and goals of this chapter, RCW 58.17.110, the comprehensive plan, and other codes and ordinances of the city of Pomeroy.
(Ord. 812 § 1 (part), 2005)
The following requirements shall be met for any land division under this chapter to be approved, as appropriate for the particular lot or lots. In addition to these general requirements, any specific requirements relevant to each individual type of land division are found in their respective sections of this chapter.
A. 
The proposed land division shall comply with the applicable provisions of the comprehensive plan of Garfield County and the city of Pomeroy.
B. 
Adequacy of Access. Each lot within a land division shall have approved access to a street conforming to city street standards, unless an alternative standard has been approved by the director of public works in a preapplication meeting and documentation of such approval is submitted with the development application. To assure safe and adequate access, the director of public works:
1. 
May approve private streets, provided the private street requirements contained in the city Street Standards as adopted are met, and provided adequate provision should be made for access to the private street by future land divisions; and may approve easements as alternates to streets.
2. 
May limit direct access to certain streets and require on-site public or private streets in lieu of individual driveways, in accordance with the city Street Standards.
3. 
Shall be satisfied that the applicant has demonstrated sufficient access right, where access to the land division is gained via a private road or street.
4. 
May require off-site improvements to public or private streets needed to provide access from the subdivision to a road or street acceptable to the director of public works.
5. 
May assure that the number of lots to be served by the street system complies with the Street Standards.
C. 
Safe Walking Conditions for School Children. In cases where a school is located within a mile of a long subdivision, where it is likely the children will walk to school, information regarding pedestrian needs generated by the project will be required and reviewed. Where deemed necessary, safe walkways between the land division and the school may be required.
D. 
Public Street Rights-of-Way. Dedication or deeding to the city of right-of-way or a portion thereof for public streets shall be required within or along the boundaries of all land divisions or of any lot(s) within them where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development and where one or more of the following circumstances are met:
1. 
The city’s Transportation Plan indicates the necessity of a new or additional right-of-way or portion thereof for street purposes.
2. 
The dedication is necessary to extend or to complete the existing or future neighborhood street pattern to provide a public transportation system that supports future development of abutting property consistent with the comprehensive plan or city zoning code.
3. 
Where necessary to provide additions of right-of-way to existing city right-of-way to meet city street standards.
4. 
Minimum street frontage of each lot shall be as specified by the Pomeroy Public Works Standards. Panhandled or flag lots will only be allowed if there is no other feasible access, as determined by the director of public works in a preapplication meeting and documentation is submitted with the development application. Newly constructed contiguous or adjoining easements for access purposes are not permitted.
E. 
Water and Sewer. For lots intended to be developed for uses other than agricultural use, evidence must be supplied from the director of public works of the availability of water to serve the projects, or, if individual wells are to be utilized, county health department and/or State DOH documentation approving the well sites and water right certificates must be provided. For lots intended to be developed for uses other than agricultural use, the method of sewage disposal and approval shall also be provided. If using city sewer servers, evidence of availability must be provided by the director of public works, and if individual and community septic disposal is to be used, county heath district approval of the site(s) including percolation tests must be provided.
If sewer and water services are to be supplied by the city, information shall be provided by the applicant as to specifications and locations of those utilities that will be provided by the applicant following city and state standards.
F. 
If any portion of a proposed land division is located within a flood control zone as provided in Chapter 86.16 RCW, written approval must be obtained from the director of public works and the application shall indicate the methods by which development will met Federal Emergency Management Agency (FEMA) requirements as indicated in Chapter 16.18 PMC.
G. 
Proposed land divisions bordering upon waters of the State may be required to provide public access to and along such waters.
H. 
All construction and site development activities related to the land division are prohibited until (a) the preliminary land division is approved, and (b) engineering plans for utilities, (water, sewer, power, communications), transportation, dedications, floodplains, and critical areas are approved which are based on the proposed preliminary land division.
(Ord. 812 § 1 (part), 2005)
An Applicant who chooses to develop a site in phases or divisions shall submit to the city a phasing plan in conjunction with the specific land division application for concurrent review. Site improvements designed to relate to, benefit, or be used by the entire development shall be noted on the phasing plan. The phasing plan shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a phasing plan has been approved, the information contained therein shall be shown on, or the phasing plan shall be attached to and made a part of, the specific land division application. Approval of a phasing plan does not constitute approval of the land division.
(Ord. 812 § 1 (part), 2005)
No building permit or other development permit shall be issued for any lot divided in violation of this chapter, unless the permit is sought by an innocent purchaser. The innocent purchaser shall be entitled to recover their costs for determining compliance with this chapter from any person, firm, corporation, or agent that sold or transferred the lot in violation of this chapter, pursuant to the provisions of RCW 58.17.210.
(Ord. 812 § 1 (part), 2005)
A. 
An innocent purchaser shall not previously have been granted innocent purchaser status by the city of Pomeroy or Garfield County. All contiguous lots created in violation of this title which are under the same ownership at the time of application for innocent purchaser status shall be recognized only as a single lot and combined through a boundary line adjustment.
B. 
An innocent purchaser of a lot created in violation of this chapter who files a notarized affidavit of innocent purchase with the director of public works on forms satisfactory to the city shall be treated as follows for purposes of determining zoning compliance, and for establishing eligibility for building permits and future subdivisions:
1. 
A lot recognized pursuant to this innocent purchaser provision will be treated the same as a legally subdivided lot if the parcel meets current zoning requirements for access, lot area lot width, and lot area.
2. 
Innocent purchaser lots which do not meet current zoning requirements, but which did meet development requirements in effect at the time that they were created, will be treated the same as legally created lots.
3. 
Innocent purchaser lots which do not meet current zoning requirements and which did not meet the development requirements in effect at the time of their creation will be treated the same as legally created lots for purpose of conveyance, but will not be eligible for building permits.
C. 
Any innocent purchaser may, alternatively, rescind the sale or transfer of the subject property and recover the costs of investigation, suit, and reasonable attorneys’ fees occasioned thereby as provided in RCW 58.17.210.
(Ord. 812 § 1 (part), 2005)
Any request for a variance from or modification to any of the requirements of this chapter other than to density or land use changes shall be processed as a development code variance, pursuant to the variance requirements of Chapter 16.22 PMC (Zoning and Land Use) or Chapter 16.30 PMC (Public Works Standards). Variances to density and land use would constitute a rezone and shall follow procedures for a rezone in Chapter 16.22 PMC. Applications for variances shall be heard concurrent with the land division proposal. Applications for density or land use changes shall be heard prior to or concurrent with the land division proposal.
(Ord. 812 § 1 (part), 2005)