Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.020 Regulations—Compliance required.
16.04.070 Qualified exemptions.
16.04.080 Qualified exemption applications.
16.04.090 Boundary line adjustment—Procedure.
16.04.010 Short title.
The ordinance codified in Chapters 16.04 through 16.44 shall be known and may be cited as the subdivision ordinance of the city of Brewster, Washington. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.020 Regulations—Compliance required.
No division of land shall hereafter be made within the incorporated territory of the city of Brewster, Washington, except in full compliance with the provisions of this title and Chapter 58.17 RCW as it now exists or is hereafter amended. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.030 Purpose.
The provisions of this title are adopted to:
A. Comply with the requirements of Chapter 58.17 RCW;
B. Promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land;
C. Provide uniform standards and regulations for the division of land;
D. Lessen congestion in the streets and highways;
E. Promote effective use of land consistent with environmentally sensitive development practices;
F. Promote safe and convenient travel by the public on streets and highways;
G. Provide for adequate light and air;
H. Facilitate adequate provision for water, storm drainage, sewerage, parks and recreation areas, sites for schools and school grounds and other public requirements;
I. Provide for proper ingress and egress;
J. Provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies;
K. Adequately provide for the housing and commercial needs of the citizens of the City of Brewster;
L. And to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.040 Scope.
In their interpretation and application, the provisions of this title shall be held to be standard requirements, adopted for the promotion of the public health, safety or general welfare. Wherever the requirements of this title are at variance with the requirements of any other lawfully adopted rules, regulations and ordinances, including the city of Brewster zoning ordinance, State Environmental Policy Act (SEPA) Review and Shoreline Management Act, the most restrictive, or those imposing the higher standards shall govern. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.050 Severability.
If any provision of this title is for any reason held to be invalid, the remainder of this title shall not be affected. If any provision of this title is adjudged invalid as applied to a particular person or circumstance, the remainder of this title shall not be affected. If any provisions of this title have inadvertently quoted the incorrect ordinance or RCW, they may be corrected by the administrator, city council, or city attorney without the necessity of resubmission and the hearing process, etc. as long as the alteration in no way affects the meaning or intent. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.060 Exemptions.
Pursuant to Section 58.17.040 RCW the provisions of this title shall not apply to:
A. Cemeteries and other burial plots, while used for that purpose;
B. Divisions of land, in accordance with the applicable zoning density or lot size requirements, into lots or tracts each of which is one-sixty-fourth of a section of land or larger, or ten acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of any lot under this item which 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 centerline;
C. Any division made by testamentary provisions or the laws of descent (Note: lots formed in this fashion must meet the requirements of all other ordinances and may or may not be buildable lots);
D. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient lot area and dimensions to meet minimum requirements for width and lot area for a building site as contained in the Brewster Municipal Code. For procedure on performing boundary line adjustments see Section 16.04.090;
E. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with local regulations;
F. A division for the purpose of lease when no residential structure other than mobilehomes or travel trailers are permitted to be placed upon the land when the City has approved a binding site plan for the use of the land in accordance with local regulations;
G. Divisions of land into lots or tracts if:
1. Such division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land,
2. The improvements constructed or to be constructed thereon are required by the provisions of the binding site Plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest,
3. The city has approved the binding site plan for all such land,
4. Such approved binding site plan is recorded in the county auditor’s office,
5. The binding site plan contains thereon the following statement: “All development and use of the land described herein shall be in accordance with this Binding Site Plan, as it may be amended with the approval of the City of Brewster, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units thereon or their owners’ associations have a membership or other legal interest. This Binding Site Plan shall be binding upon all now or hereafter having any interest in the land described herein.” The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by the city:
a. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land, or
b. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land, or
c. If not approved pursuant to (a) or (b) of this subsection, (G)(5), then pursuant to such other procedures as the city may have established for the approval of a binding site plan. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.070 Qualified exemptions.
The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this section have been met.
A. A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
1. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same;
2. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.
B. A prior division of land as defined by Section 16.08.125. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.080 Qualified exemption applications.
Applications for qualified exemptions shall be submitted to the city on forms provided by the administrator and shall be accompanied by a nonrefundable application fee as set forth in the adopted city fee resolution. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt. Approval or denial by the administrator of a qualified exemption shall take place within thirty days from the date of filing an application for exemption.
Exemption may be granted by the administrator for only those actions which do not contravene the spirit and intent of this title and the applicable state statutes. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.090 Boundary line adjustment—Procedure.
A. Applications for a boundary line adjustment shall be accompanied by an application fee as specified in the city’s adopted fee resolution, and may be performed between owners of contiguous lots which are legally separate, provided that the following procedure is followed:
1. The application is submitted to the administrator. The administrator shall review the application to determine whether to approve or deny the application.
2. Prior to approving a boundary line adjustment application, the administrator must prepare a staff report and certify that:
a. No new lots, tracts, parcels, sites or divisions of land are created (e.g. if you start with two parcels you must end up with two parcels);
b. The character of the lots, tracts, parcels, sites or divisions of land are not substantially altered (e.g. if a lot has access to a body of water, a boundary line adjustment shall not be approved if the adjustment results in materially reducing or losing the lot’s access to the water;
c. The new lot, tract, parcel, site or division of land configuration contains sufficient area and dimension to meet the minimum requirements for width, area and zoning for a building site. A boundary line adjustment between existing nonconforming lots, tracts, parcels, sites or divisions of land shall not result in lots, tracts, parcels, sites or divisions of land of greater nonconformity with the exception of plat area (lot size reduction shall be the minimum necessary to accomplish the objective of the boundary line adjustment); and
d. The new lot, tract, parcel, site or division of land configuration does not result in the loss of access to any public or private street or road. Access shall be provided by easement(s) noted on parcel deeds.
3. All boundary line adjustments will be reviewed by the administrator on a case-by-case basis following submittal of an application form and payment of the application fee. The administrator may impose conditions on the approval of boundary line adjustments and such conditions may vary greatly.
4. Application forms shall be available from the administrator and shall include the following information:
a. A legal description of the lots, tracts, parcels, sites or divisions of land involved in the boundary line adjustment;
b. A legal description and an appropriate drawing of the revised lots, tracts, parcels, sites or divisions of land involved of sufficient accuracy and legibility to be recorded in the office of the Okanogan County auditor. Said drawing must indicate the proposed boundaries of the new lots, tracts, parcels, sites or divisions of land;
c. The signature(s) of the fee owner(s) or authorized agent(s) having authority to sign for the properties covered by the boundary line adjustment application;
d. The signature and stamp of a registered land surveyor unless an alternative method is approved by the administrator (e.g. the administrator may waive this requirement if Section 16.12.030 applies);
e. The necessary conveying document(s); and
f. Any other information deemed necessary or helpful by the administrator to clarify or complete the application.
5. Within thirty business days of the applicant’s submittal of the boundary line adjustment application and its acceptance by the administrator, the application will either be: (1) approved, in which case the approved application will be returned to the applicant to submit to the Okanogan County auditor for recording; or (2) denied, in which case the application will be returned to the applicant with a written explanation from the administrator for such denial.
6. The administrator’s signature approving the boundary line adjustment application shall constitute approval by the city for recording of the boundary line adjustment. The applicant shall assume any and all costs required for the recording of the approved boundary line adjustment. The boundary line adjustment will not take effect until approved by the administrator and recorded in the office of the Okanogan County auditor. (Ord. 626 § 2 (Exh. A) (part), 1995)
16.04.100 Amendment of title.
Prior to amendment of this title, the Brewster city council or the Brewster planning agency shall hold at least one public hearing thereon, giving notice of the time, place and purpose by one publication in a local newspaper of general circulation in the city of Brewster at least ten days prior to the date of the public hearing. Advance notice of hearings on proposals to amend this title, shall also be given to individuals or organizations which have submitted requests for notice. (Ord. 926 § 2 (part), 2020; Ord. 626 § 2 (Exh. A) (part), 1995)