Chapter 17.04   GENERAL PROVISIONS

Sections:


17.04.010   Title supplementary to state provisions.

This title shall be known as the city subdivision code and shall supplement and implement the state regulations concerning plats, subdivisions and dedications found in Chapter 58.17 of the Revised Code of Washington. In the case of conflict between code and statute sections, the most restrictive land use condition shall control. If a city code section cannot be construed to be harmonious with a state provision in a particular instance, then the state provision shall control.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 1, 6-3-2010)

17.04.020   Purpose.

The purpose of this chapter is to regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state and the 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 facilitate adequate provision for water, sewerage, 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 and policies; to adequately provide for the housing and commercial needs of the citizens of the city; to require uniform monumenting of land subdivisions and conveyancing by accurate land description; to protect environmentally sensitive areas; and to protect and preserve the community urban forest for its aesthetic, environmental, and health benefits.

(Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 2, 6-3-2010)

17.04.030   Scope.

This title shall apply to all divisions of land within the city for any purpose, regardless of the size of the resulting lots or tracts, except the following:

A.

Cemeteries and other burial plots while used for that purpose;

B.

Divisions of land made by testamentary provisions, or the laws of descent;

C.

A division for the purpose of lease when no residential structures other than mobile homes as defined by Title 18 are permitted to be placed upon the land and the city has approved a conditional use permit for the use of the land in accordance with city codes;

D.

A division made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site or division nor create any lot, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

E.

A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act, under a binding site plan for the use of land in accordance with city ordinances;

F.

A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services, including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and

G.

A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity, including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the city. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed.

(Ord. 858 § 1, 2008; Ord. 780 § 2 Exh. 1 (part), 2005)

(Ord. No. 941, § 3, 6-3-2010)