Chapter 18.01
GENERAL PROVISIONS
Sections:
18.01.010 Short title.
The ordinance codified in this title, together with any amendments hereto, shall be known as the “Fife land division ordinance” which shall constitute FMC Title 18. (Ord. 1676 § 2, 2008).
18.01.020 General authority.
This title is adopted under the authority of Chapters 35A.58 and 58.17 RCW. (Ord. 1676 § 3, 2008).
18.01.030 Purpose.
The purposes of this title are to regulate the dividing of land and to promote the public 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 the effective and efficient 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 environmental protection; to maintain beneficial uses of receiving waters (surface and groundwater); to facilitate the 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 the comprehensive plan as adopted under the Growth Management Act; to adequately provide for the housing and commercial needs of the citizens of the city of Fife; and to require uniform monumenting of land subdivisions and conveyances by accurate legal description. (Ord. 1954 § 28, 2016; Ord. 1676 § 4, 2008).
18.01.040 Scope.
Every division of land lying within the corporate limits of the city shall comply with the provisions of this title, except as provided by FMC 18.01.050 and shall also comply with the provisions of Chapter 58.17 RCW. Wherever conflicts may arise between this title and Chapter 58.17 RCW, the latter shall prevail. No building permit, septic tank permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of this title or Chapter 58.17 RCW unless the authority authorized to issue such permit finds that the public interest will not be adversely affected thereby. (Ord. 1676 § 5, 2008).
18.01.050 Exceptions.
The provisions of this title shall not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions made by testamentary provisions or the laws of descent;
C. Assessor’s plats made in accordance with RCW 58.18.010;
D. 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
E. 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 cities, towns, counties, and municipal corporations. 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. 1676 § 6, 2008).
18.01.060 Administration.
This title shall be administered by the director of the community development department. All applications for land division approval under this title shall be submitted to the department of planning and community development. (Ord. 1676 § 7, 2008).
18.01.070 Consent to access.
Persons applying for land division or lot line adjustment approval under this title shall permit free access to the land subject to the application, to all agencies and consultants of the relevant agencies considering the proposal, for the period of time extending from the time of application to the time of final action. (Ord. 1777 § 1 (Exh. A), 2012; Ord. 1676 § 8, 2008).
18.01.080 Enforcement.
The community development director or his designee shall be charged with the responsibility of enforcing the provisions of this title or any conditions properly imposed by the hearing examiner, planning commission or city council. In addition to any other available remedies, whenever land is used in a manner or for a purpose which violates any provision of this title, Chapter 58.17 RCW, or any term or condition of approval, then the city attorney may commence an action to restrain and enjoin such use and compel compliance with the provisions of this title, Chapter 58.17 RCW, or with such terms or conditions. The costs of such action and attorneys fees may be taxed against the violator. (Ord. 1676 § 9, 2008).