Chapter 16.04
DEFINITIONS

Sections:

16.04.005    Scope and construction of terms.

16.04.005 Scope and construction of terms.

A. Words, phrases and terms used in this title shall have the meaning given to them in this chapter except where otherwise defined, and unless a different meaning clearly appears from the context.

B. Reference in this subdivision code to any council, commission, committee, body, group, agency, department, office, official or municipal employee means such entity of the city, except where otherwise stated or required by context.

C. When consistent with the context, words and phrases used in this title shall include the past, present and future tenses; the masculine, feminine and neuter genders; and the singular and plural.

D. The word “may” as used in this title is permissive as indicating a use of discretion in making a decision; the word “shall” as used in this title is mandatory. For the purpose of this chapter, the following definitions shall apply:

1. “Administrator” means the city manager or the designee of the city manager.

2. “Alley” means a public right-of-way, used primarily as a secondary means of access to residences and business establishments.

3. “As-built plans” means revised construction plans in accordance with all approved field changes reflecting the improvements on site as they actually exist.

4. “Block” means an area of land within a subdivision that is entirely bounded by rights-of-way, public streets, streams, parks, physical barriers, and exterior boundaries of the subdivision, excepting alleys.

5. “Block length” means the distance between intersections of through streets, such distance being measured along the longest street bounding the block and from the right-of-way line of the two intersecting streets.

6. “Building setback line” means a line parallel to the front or rear property lines outside of which no structure or portion thereof shall be erected, the location of which shall be determined from the regulations of TMC Title 17.

7. “City” means the city of Toppenish, Yakima County, Washington.

8. “Code” means the Municipal Code of the city of Toppenish.

9. “Comprehensive plan” means the Toppenish subarea comprehensive plan, as adopted or amended thereafter, together with amendments and supplements hereto which have been or hereafter may be adopted.

10. “Director of public works” means the city director of public works.

11. “Divide” means any transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the shape, size, or legal description of any part of an owner’s land, as defined in this section. Sale of a condominium apartment and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s land shall not constitute a division.

12. “Double frontage lot” means a lot having frontage on two parallel or approximately parallel rights-of-way other than alleys.

13. “Easement” means a grant by a property owner to specific persons or the public, to use land for a specific purpose or purposes.

14. “Engineer” means a registered professional civil engineer authorized to practice engineering in the state of Washington.

15. “Final plat” means the final drawing of the subdivision and dedication prepared for filing for record with the Yakima County auditor, which conforms to the requirements of the chapter.

16. “Floodplain” means that area of land adjoining the channel of a river, stream, or other similar body of water which may be inundated by a flood that can reasonably be expected to occur. The floodplain, as referred to in this title, shall include all the land within the limits of the 100-year-flood (intermediate regional flood) and the floodway within, if the floodway is delineated. These floodplain areas are defined by the U.S. Department of Housing and Urban Development reports on floodplains for the Yakima River.

17. “Greenbelt” means a parcel of land, usually a strip or ribbon of land, left in a natural or artificially landscaped state, excluding all other development except for recreation, maintained for the purpose of buffering and separating areas of development or to connect larger recreation sites.

18. “Land” means a legally created lot, tract, parcel, site or division which is shown on an officially recorded plat or short plat, or is specifically described as a separate unit of property on a deed executed prior to adoption of this title, or constitutes a prior division of land as defined in this title. If a deed requires a determination whether separate units of property are in fact described therein, application for prior division exemption shall be made in the same manner prescribed for contracts herein.

19. “Lot” means a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

20. “Manager” means the city manager of the city of Toppenish.

21. “Official street and highway plan” means the map established by the planning commission and city council showing the streets, highways, and parks heretofore laid out, adopted and established by law, and any amendments thereto adopted by the planning commission and city council, or additions thereto resulting from the approval of subdivision plats by the planning commission and city council, and the subsequent filing of such approved plats, and which is on file in the city clerk-treasurer’s office, together with all amendments thereto subsequently adopted.

22. “Open space” means a parcel of land, excluding building lots, parking areas and access routes, designed and maintained as a common area for leisure, recreation and other activities normally carried on outdoors, including greenbelt and recreational areas.

23. “Pavement width” means the actual paved surface as measured between faces of curbs and streets, or where curbs do not exist, the edges of existing paved surfaces.

24. “Pedestrian way” means a right-of-way for pedestrian traffic.

25. “Person” means an individual, firm, partnership, corporation, company, association, syndicate, or any other legal entity, including a trustee, receiver, assignee, or representative thereof.

26. “Planning commission” means the city planning commission.

27. “Plat” means a map dividing a parcel of land in lots.

28. “Preliminary plat” means a drawing of a proposed subdivision which conforms to the requirements of this title.

29. “Prior division of land” means any of the following:

a. A division initiated by sale, lease, transfer or option contract executed prior to adoption of this title, which presently remains a binding and enforceable commitment as between the parties thereto, their successors or assignees. If the applicable instrument does not specifically designate separated units of property but does describe separate and defined lots, tracts, parcels, sites or divisions of land which are contiguous, they shall constitute prior division of land;

b. A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection (D)(29)(a) of this section;

c. A taxation parcel of any size which was created prior to the adoption of this title for the purpose of creating divisions of land which were exempt from platting requirements. Taxation parcels which were administratively created by the assessor’s office solely for tax purposes shall not be afforded the status of prior divisions for subdivision purposes. Example of taxation parcels created solely for tax purposes include senior citizens segregations administratively effected by one other than the landowner or agent, and segregations for tax exemption purposes;

d. A taxation parcel created in the assessor’s office for description purposes because of section lines if it conforms with TMC Title 17 lot size and width requirements in effect at the time of application for exemption;

e. A division of land created by public or private right-of-way traversing the land, as defined in this section.

30. “Resubdivision” means the redelineation of an existing lot, block, tract, or parcel of a previously recorded subdivision involving the change of property lines, and/or after vacation, the altering of dedicated streets, easements or public areas.

a. Reversion to acreage. The elimination of interior property lines of a previously recorded subdivision or portion thereof, and the combining of two or more parcels into one parcel, sometimes involving the vacation of streets and/or easements.

b. Combination. The elimination of interior lot lines not involving the vacation of dedicated streets, easements or public areas.

31. “Right-of-way” means land dedicated and maintained for existing or future public use.

32. “SEPA checklist” means the State Environmental Policy Act checklist to determine level of significance or insignificance of environmental impacts relating to a project.

33. “Setback” means zoning regulation of the distance from lot lines to the point where improvements may be constructed.

34. “Short plat” means the map or representation of a short subdivision which conforms to the requirements of this title.

35. “Short subdivision” means the division of land into six or less lots for the purpose of sale or lease in the present or future.

36. “Sidewalk” means an improved right-of-way for pedestrian circulation that is part of the street right-of-way.

37. Streets and Alleys. “Street” is a way for vehicular and pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place, or however otherwise designated.

a. Alley. A minor way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

b. Arterial Street. A fast or heavy traffic street of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

i. Minor Arterial. A street designed to move through traffic at moderate speeds and volumes to and from major arterial.

ii. Major Arterial. A street designed to move through traffic at moderate speeds and high volumes to and from major traffic generators, or into or out of the community.

c. Collector Street. A street which carries traffic from minor streets to arterial streets, including the principal entrance street of a residential development and streets for circulation within such a development.

d. Local Street. A street used primarily for access to property abutting the public right-of-way.

i. Cul-de-Sac Street. A local street of short length having only one outlet with provisions for a turn around at its permanent termination, and which is not intended to be extended or continued to serve future subdivisions or adjacent land.

ii. Marginal Access Street or Frontage Road. A minor street which is parallel with and adjacent to arterial streets and highways, and which provides access to abutting properties and protection from through traffic.

iii. Stub Streets. A dead-end local street which provides for eventual extension of the street onto unplatted land.

e. Street Width. The shortest distance between the lines delineating the right-of-way of streets.

38. “Subdivider” means any person, as defined by this section, who undertakes to create a subdivision or short subdivision.

39. “Subdivision” means the division of land into seven or more lots for the purpose of sale or lease in the present or future.

40. “Survey monument” means a physical object marking a permanent survey control point which is constructed and installed in compliance with the standards established by the city engineer.

41. “Surveyor” means either a land surveyor who is registered in the state of Washington or a civil engineer who is registered in the state of Washington as a registered professional engineer.

42. “Toppenish standard specifications” means the engineering specifications adopted by the city governing details of construction relating to required improvements.

43. “Tract” means an area of land which has been defined, but has not been designated by lot and block numbers.

44. “Vacation” means the act of making legally void any right-of-way, easement, public area, or other public interest.

45. “Zoning ordinance” means TMC Title 17. (Ord. 86-26 § 2, 1986).