Whenever the words and phrases set forth in this chapter appear in this title, they shall be given the meaning attributed to them in this chapter. Words and phrases not defined in this chapter may be defined in the Twisp zoning ordinance as it now exists or is hereafter amended. In such cases, the definitions of the zoning ordinance shall apply. 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. 737 § 2, 2018)
"Access corridor"
means a private easement 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 17.40 TMC regarding access corridors.
"Administrator"
means the town of Twisp town clerk or other person designated by the Twisp mayor and approved by the town 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.
"Amendment"
means a change in the wording, content or substance of this title.
"Appeal"
means a request for review of a decision, determination, order or interpretation, by the administrator or town council of any provision of this title.
"Applicant"
means a person submitting an application for any permit or approval required by this title and who is the owner of the subject property or the authorized agent of the owner.
"Application, complete"
means the application form, together with all the accompanying documents and exhibits required by this title or the responsible official, and all appropriate fees having been reviewed and accepted as complete by the appropriate responsible official or his/her designee including State Environmental Policy Act documentation and fee therefor as required.
(Ord. 737 § 2, 2018)
"Comprehensive plan"
means the town of Twisp comprehensive plan and any amendments, addenda or supplemental plans that are duly adopted by the town.
"Condition(s) of approval"
means restrictions or requirements imposed by a reviewing official or body pursuant to authority granted by this title.
"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 Chapter 36.22 RCW as it now exists or is hereafter amended.
"County treasurer"
means the Okanogan County treasurer authorized pursuant to Chapter 36.29 RCW as it now exists or is hereafter amended.
"Cul-de-sac"
means a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. A temporary cul-de-sac may be similar in appearance but have a tract of land through which the roadway may eventually be extended.
(Ord. 737 § 2, 2018)
"Dedication"
means to convey ownership of property or a specific property right, via a written instrument, to a public agency/entity for a specific use or purpose, such as roads, parks or trails; or to set aside, designate or reserve an area for a specific use or purpose.
"Development agreement"
means a binding contract between a landowner/developer/nonprofit that defines responsibilities and timing for the design, construction and acceptance of improvements required as a condition of approval for a short or long plat, planned development or binding site plan.
"Development guidelines and standards"
means those design and construction standards set forth in the town of Twisp "Development Standards Manual" as it exists or hereinafter amended, the town of Twisp zoning code and any other applicable ordinances of the town.
"Divide"
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 land as defined in this section. 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.
"Division of land,"
for purposes of this title, is 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.
(Ord. 737 § 2, 2018)
"Easement"
means the granting of the use of one or more property rights by the property owner to and/or for an individual, entity, corporation, or the public.
"Environmental review"
means the procedures and requirements established by the State Environmental Policy Act, Chapter 43.21C RCW, as it now exists or is hereafter amended.
(Ord. 737 § 2, 2018)
"Final approval"
means the final official action taken by the town council on the final plan, long subdivision, or dedication or portion thereof, that has previously received preliminary approval.
"Final long plat"
means the final drawing of the subdivision and dedication prepared for filing for record with the Okanogan County auditor and containing all elements and requirements set forth in this title.
"Finding"
means a conclusion of conflict reached by the reviewing official, commission, or town council in a review process and based on the evidence available therein.
"Floodplain"
means the land area susceptible to being inundated by stream-derived waters with a one percent chance of being equaled or exceeded in any given year. The limit of this area shall be based upon flood ordinance regulation maps. This area is synonymous with the 100-year floodplain.
(Ord. 737 § 2, 2018)
"Land"
means any lot, parcel or tract of real property, such as ground, soil, earth.
"Local access"
means streets not selected for inclusion in the arterial or collector classes. They allow access to individual homes, shops, and similar traffic destinations. Direct access to abutting land is essential, for all traffic originates from or is destined to abutting land. Through traffic should be discouraged by appropriate geometric design and/or traffic control devices. The remainder of Twisp's streets that are not classified above are designated as local access.
"Local major collector"
means routes that provide services from higher classified roads and to other traffic generators, such as schools, shipping points, commercial areas, developed residential areas, parks, important agricultural areas, etc. In addition, these routes should link larger towns and/or cities with routes of higher classification and should serve the more important inter-county travel corridors. Local major collectors in the Twisp area include Glover Street, Twisp Avenue, (Glover to SR20), Twisp Airport Road, Second Avenue (Glover to west town limits).
"Local minor collector"
means routes spaced at intervals, consistent with population density, that collect traffic from local access roads and bring all developed areas within a reasonable distance of minor collectors and local and major collectors. Local minor collectors in the Twisp area include Canyon Street (SR20 to Third), Fifth Avenue (Bridge to SR20), Second Avenue (Methow to Glover), Twisp Avenue (Johnson to end), Wagner Street (SR20 to Industrial Park), Burton Street (SR20 to Riverside) and Riverside Avenue (Burton to Wastewater Treatment Plant).
"Lot"
means a division of land: (1) having defined boundaries and shown on a final long plat or short plat officially recorded in the Okanogan County auditor's office; or (2) which is a legally recognized prior division or parcel under the provisions of the town of Twisp subdivision code.
"Lot area"
means the total horizontal area, in square footage, within the boundary lines of a lot.
"Lot, corner"
means a lot abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
"Lot coverage"
means that portion of the lot that is covered by structures and other impervious surfaces, excluding parking areas and roadways.
"Lot depth"
means the horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
"Lot line, front"
means in the case of an interior lot, the property line separating the lot from the road. For the purpose of establishing the front lot line for a corner lot, the front lot line shall be the property line with the narrowest street frontage, except the building official, or his/her designee, shall designate the front lot line for corner lots in residential districts.
"Lot line, rear"
means the property line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line for triangular or trapezoidal lots, the rear line of which is formed by two or more lines, the following shall apply:
(1) 
For a triangular or gore-shaped lot, a line, 10 feet in length, within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line.
(2) 
In the case of a trapezoidal lot, the rear lot line of which is not parallel to the front lot line, the rear lot line for the purpose of this title shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the actual rear lot line.
(3) 
In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.
"Lot line, side"
means any lot boundary line that is not a front or rear lot line.
"Lot, through"
means an interior lot having frontage on two streets.
"Lot width"
means the horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.
(Ord. 737 § 2, 2018)
"Maintenance bond"
means any security or surety approved by the town attorney that may be accepted as a guarantee that improvements required as a part of any application for development will function as required for at least a one-year period of time following acceptance by the town council.
"Major collector"
means routes that provide service to the county seat if not on an arterial route, to larger towns not directly served by the higher systems, and to other traffic generators of equivalent inter-county importance, such as consolidated schools, shipping points, county parks, important agricultural areas, etc. In addition, these routes should link larger towns and/or cities with routes of higher classification and should serve the more important inter-county corridors. Major collectors in the Twisp area include Twisp River Road and Twisp-Winthrop Eastside Road.
"Map, contour"
means a map that graphically illustrates variations in land elevations.
"Minor arterial"
means streets and highways which connect with remaining arterial and collector roads that extend into the urban area. Minor arterial streets and highways serve less concentrated traffic-generating areas such as neighborhood shopping centers and schools. Minor arterial streets serve as boundaries to neighborhoods and collect traffic from collector streets. Although the predominant function of minor arterial streets is the movement of through traffic, they also provide for considerable local traffic that originates or is destined to points along the corridor. Minor arterials in the Twisp area include SR20 and SR153.
"Minor collector"
means routes that are spaced at intervals, consistent with population density, collect traffic from local roads and bring all developed areas within a reasonable distance of a collector road. In addition, these routes should provide service to the remaining smaller communities and link the locally important traffic generators with their rural hinterland. Minor collectors in the Twisp area include the Twisp-Carlton Road.
"Modification of use or development"
means any change or alteration in the occupancy, arrangement, placement or construction of any existing use, structure or associated site improvement, and any change or alteration of land.
"Monument, lot corner"
means a five-eighths-inch by 24-inch minimum rebar with a plastic cap or other legal method of identifying the land surveyor or a one-inch by 24-inch minimum iron pipe with a plastic plug or other legal method of identifying the land surveyor used for identifying the set corner of a lot of a plat.
"Monument, permanent control"
means a five-eighths-inch by 24-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.
(Ord. 737 § 2, 2018)
"Parent parcel"
means those lots, parcels or tracts of land that existed at the time of adoption of 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.
"Party of record"
means the applicant, any person who testified at the open record public hearing on the application, any person who submitted written comments concerning the application at the open record public hearing (excluding persons who have signed petitions or mechanically produced form letters), or any person who registers in writing at the open record public hearing or with the administrator their desire to be notified of any action on an application.
"Pedestrian way"
means a path, trail, sidewalk, or other improvement designed for pedestrian and/or bicycle use that may be surfaced with packed gravel, asphalt or concrete.
"Planning commission"
means the town of Twisp planning commission.
"Plat" or "regular plat"
means a map or representation of a long or short subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
"Plat, final long"
means the final drawing of the long subdivision and dedication prepared for filing for record with the Okanogan County auditor and containing all elements and requirements set forth in this title and in any other regulations adopted pursuant to the ordinance codified in this title. After the Okanogan County auditor has filed and recorded the final long plat, it shall thereafter be known as an authorized plat, long subdivision or dedication.
"Plat, long"
means the division or resubdivision of land into five or more lots, tracts, parcels, or sites of divisions for the purpose of sale or lease.
"Plat, preliminary"
means a neat and approximate drawing of a proposed long subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a long subdivision consistent with the requirements of this title. The preliminary long plat shall serve as the basis for the approval or disapproval of the general layout of a long subdivision.
"Plat, short"
means the drawing of the subdivision into four or fewer parcels prepared for filing for record with the Okanogan County auditor and containing all elements and requirements set forth in this title and in any other regulations adopted pursuant to the ordinance codified in this title.
"Plat, sketch"
means a sketch preparatory to the preparation of a preliminary long 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.
"Preliminary approval"
means the official action taken on the preliminary plat, long subdivision, planned development, binding site plan or dedication by the planning commission, meeting in an official session.
"Prior division of land"
means any of the following:
(1) 
A division initiated by sale, lease, transfer or option contract executed prior to adoption of the ordinance codified in this title, 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 ordinance of the town of Twisp and laws of the state of Washington;
(2) 
A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection (1) of this definition;
(3) 
A taxation parcel of any size which was created prior to August 28, 2018, 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 effected by one other than the land owner 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;
(4) 
A taxation parcel created in the Okanogan County 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;
(5) 
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 of Twisp or any other public/government agency.
"Public works director"
means the official appointed by the mayor to serve as the director of the town's public works department.
(Ord. 737 § 2, 2018)
"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.
(Ord. 737 § 2, 2018)
"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 map or representation of a short subdivision.
"Subdivider"
means a person or persons, including a corporation, partnership or other association, who undertakes to create, alter or expand a long or short subdivision.
"Subdivision, long"
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.
"Subdivision, short"
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 17.15 TMC.
(Ord. 737 § 2, 2018)