Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Short title.

16.04.020    Regulations compliance required.

16.04.030    Reference to regulations, codes and standards.

16.04.040    Purpose.

16.04.050    Scope.

16.04.060    Severability.

16.04.070    Exemptions.

16.04.080    Boundary line adjustment – Procedure.

16.04.090    Effect of filing completed application.

16.04.010 Short title.

The ordinance codified in Chapters 16.04 through 16.44 TMC shall be known and may be cited as the subdivision ordinance of the city of Tonasket, Washington, and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. (Ord. 587 § 1, 2001).

16.04.020 Regulations compliance required.

No division of land shall hereafter be made within the incorporated territory of the city of Tonasket, Washington, except in full compliance with the provisions of this title and Chapter 58.17 RCW, as each now exists or is hereafter amended. (Ord. 587 § 1, 2001).

16.04.030 Reference to regulations, codes and standards.

References to specific statutes, codes and standards in this title shall include amendments to such statutes, codes and standards as they may hereafter occur. (Ord. 587 § 1, 2001).

16.04.040 Purpose.

The provisions of this title are adopted to:

A. Comply with the requirements of Chapter 58.17 RCW, the Growth Management Act, as amended, and Chapter 347, Laws of 1995;

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 Tonasket;

L. Be consistent with and implement the intent and spirit of the city’s comprehensive plan, the Growth Management Act (GMA) and the State Environmental Policy Act (SEPA) and its guidelines including the necessity for preparation of an environmental impact statement in event of a determination of significance; and

M. Require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 587 § 1, 2001).

16.04.050 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 Tonasket zoning ordinance, State Environmental Policy Act (SEPA) review, Growth Management Act and Shoreline Management Act, the most restrictive, or those imposing the higher standards, shall govern. (Ord. 587 § 1, 2001).

16.04.060 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. 587 § 1, 2001).

16.04.070 Exemptions.

Pursuant to RCW 58.17.040, 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 thirty-second of a section of land or larger, or 20 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 subsection 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 Tonasket Municipal Code. For procedure on performing boundary line adjustments, see TMC 16.04.080;

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 zoning and any other city regulations applicable to the approved binding site plan;

F. A division for the purpose of lease when no residential structures other than mobile homes 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 Tonasket, 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 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 subsection (G)(5)(a) or (b) of this section, then pursuant to such other procedures as the city may have established for the approval of a binding site plan. (Ord. 587 § 1, 2001).

16.04.080 Boundary line adjustment – Procedure.

Applications for a boundary line adjustment which shall be accompanied by an application fee as specified in the city’s adopted fee resolution, shall use the following procedure:

A. Boundary line adjustments may be performed between owners of contiguous lots which are legally separate, provided:

1. The administrator certifies the following:

a. No new lots are created (e.g., if you start with two parcels you must end up with two parcels or less);

b. The character of the parcels is not substantially altered (e.g., if a lot has access to a body of water, a boundary line adjustment may not be performed if the lot loses its access to the water);

c. The new parcel configurations contain sufficient area and dimension to meet minimum requirements for width, area and zoning for a building site. A boundary line adjustment between existing nonconforming lots shall not result in lots of greater nonconformity with the exception of lot area (lot reduction shall be the minimum necessary to accomplish the objective of the boundary line adjustment); and

d. The new parcel configuration does not result in the loss of access to any public or private road. Access may be provided by easement noted on parcel deeds.

B. All boundary line adjustments will be reviewed on a case-by-case basis following submittal of a completed application form. Approval of boundary line adjustments may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:

1. A legal description of the parcels involved in the boundary line adjustment;

2. A legal description and appropriate drawing of sufficient accuracy and legibility to be recorded in the office of the Okanogan County auditor. Said drawing must indicate the proposed new parcel boundaries;

3. A signature of all fee owners or authorized agents having authority to sign for properties involved in the boundary line adjustment;

4. The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator (may waive requirement if TMC 16.12.050(B) applies); and

5. Conveying document.

C. The boundary line adjustment will not take effect until recorded in the office of the Okanogan County auditor. The city may not recognize the change in boundaries for permitting purposes until the administrator receives copies of all recorded documentation. (Ord. 587 § 1, 2001).

16.04.090 Effect of filing completed application.

A. A proposed division of land, as defined in TMC 16.08.180, shall be considered under the subdivision code and zoning or other land use control ordinances in effect at the time of a fully completed application for preliminary plat approval or short plat approval.

B. The limitations imposed by this section shall not restrict the conditions imposed under the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, and the city SEPA regulations, Chapter 18.04 TMC. (Ord. 587 § 1, 2001).