Chapter 17.04
GENERAL PROVISIONS
17.04.000 Chapter Contents
Sections:
17.04.010 Short title.
17.04.020 Purpose.
17.04.030 General scope.
17.04.040 Specific exemptions.
17.04.050 Approval required prior to recordation.
17.04.060 Prohibition against sale, lease or transfer of property.
17.04.070 Administrative duty.
17.04.080 Consent to access.
17.04.090 Regulations supplementary to state law.
17.04.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.
17.04.010 Short title
This title shall be known as the "city of Olympia platting and subdivision ordinance."
(Ord. 4529 §1(1), 1984).
17.04.020 Purpose
The provisions contained in this title are necessary to regulate the subdivision of land; to promote the public health, safety and general welfare in accordance with established standards; 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 promote the proper arrangement of streets, lots, easements, pathways and other private or public ways; to provide for adequate and convenient open spaces, utilities, recreation and access for service and emergency vehicles; to provide for adequate water, drainage, sewer and other public facilities; to encourage the most appropriate use of land; to promote a coordination of development as land develops; to conserve and restore natural beauty and other natural resources; to maintain and perpetuate environmental quality; 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 state; and to require uniform monumenting of land subdivisions and conveyance by accurate legal description.
(Ord. 4529 §1(2), 1984).
17.04.030 General scope
Subdivisions, resubdivisions, short subdivisions, and large lot subdivisions as defined in this title shall be reviewed in accordance with the provisions of this title.
(Ord. 4529 §1(3), 1984).
17.04.040 Specific exemptions
The provisions of this title shall not apply to the following:
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, 58.17.240 and 58.17.250;
D. A division for the purpose of lease when the land is to be developed as a mobile home park and a binding site plan has been approved pursuant to the requirements of the zoning code (Title 18);
E. Condominium plats, when prepared and filed in accordance with the horizontal regime act, RCW Chapter 64.32, and a binding site plan has been approved pursuant to the requirements of the zoning code (Title 18);
F. Divisions of land into lots, parcels or tracts, each of which is at least 40 acres or 1/16 of a section in area;
G. Divisions of land due to condemnation or sale under threat thereof, by any agency or division of government vested with the power of condemnation.
(Ord. 6408 §2, 2006; Ord. 5539 §26, 1995; Ord. 4529 §1(4), 1984).
17.04.050 Approval required prior to recordation
Any map, plat, replat or plan hereafter made of a proposed subdivision, short subdivision, large lot subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as prescribed by this title. No such map, plat, replat or plans shall be recorded or have any validity unless or until it shall have the approval of the city council and/or such other approval as required by this title.
(Ord. 4529 §1(5), 1984).
17.04.060 Prohibition against sale, lease or transfer of property
No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval hereunder and filing a map of the approved division with the county auditor; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the plat, short plat, large lot subdivision or binding site plan containing the lot, tract or parcel, the offer or agreement does not violate any provision of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the plat or plan is recorded.
(Ord. 4529 §1(6), 1984).
17.04.070 Administrative duty
The Director and the Director’s staff, hereafter referred to as the "planner" or the "planning department," are vested with the duty of administering this title and may prepare and require the use of such additional forms which are necessary to effectuate the provisions thereof.
(Ord. 7187 §3, 2019; Ord. 6967 §9, 2015; Ord. 4529 §1(7), 1984).
17.04.080 Consent to access
The subdivider shall permit free access to the land being divided to all agencies considering the subdivision, short subdivision or large lot subdivision for the period of time extending from the time of application to the time of final action.
(Ord. 4529 §1(8), 1984).
17.04.090 Regulations supplementary to state law
The regulations prescribed by this title shall be considered as supplementary to RCW Chapter 58.17. No map, plat, replat or plan of a proposed subdivision, short subdivision or large lot subdivision shall be recorded or have any validity unless it conforms with the requirements of RCW Chapter 58.17.
(Ord. 4529 §1(9), 1984).
17.04.100 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction
A. Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.
B. As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. Class 1 ($250), not including statutory assessments.
(Ord. 6081 §63, 2001).