Chapter 16.08
DEFINITIONS

Sections:

16.08.010    Undefined words and phrases.

16.08.015    Alley.

16.08.020    Applicant.

16.08.025    Application.

16.08.030    Binding site plan.

16.08.035    Block.

16.08.040    Bond.

16.08.045    Boundary line adjustment.

16.08.050    Building envelope.

16.08.055    CC&Rs.

16.08.065    Commercial-industrial land division.

16.08.070    Commission.

16.08.075    Common open space.

16.08.080    Comprehensive plan.

16.08.085    Concurrent – Concurrency.

16.08.090    Condominium.

16.08.095    Contiguous land.

16.08.100    Council.

16.08.105    County.

16.08.110    Cul-de-sac.

16.08.115    Dedication.

16.08.120    Developed street.

16.08.125    Development – Development permit.

16.08.130    Easement.

16.08.133    Engineer, city/town.

16.08.135    Engineering design standards.

16.08.140    Fill.

16.08.145    Final approval.

16.08.150    Final plat.

16.08.155    Frontage.

16.08.160    Grade.

16.08.165    Homeowners’ association.

16.08.170    Improvements.

16.08.175    Land division.

16.08.180    Lot – Platted lot.

16.08.185    Lot, corner.

16.08.190    Lot depth.

16.08.192    Lot, flag.

16.08.195    Lot frontage.

16.08.200    Lot improvement.

16.08.210    Lot width.

16.08.215    Meander line.

16.08.220    Monument, permanent control.

16.08.225    Model home.

16.08.230    Owner.

16.08.240    Plat.

16.08.245    Plat administrator – Administrator.

16.08.250    Preliminary approval.

16.08.255    Preliminary plat.

16.08.260    Prior division of land.

16.08.265    Private street – Private access street.

16.08.270    Proof of ownership.

16.08.275    Public street.

16.08.280    Public works superintendent.

16.08.285    Required improvement.

16.08.290    Right-of-way.

16.08.295    Roadway.

16.08.305    Short plat.

16.08.310    Sketch plat.

16.08.320    Street, dead end.

16.08.325    Subdivider – Platter – Project proponent.

16.08.330    Subdivision – Major subdivision.

16.08.335    Subdivision, phased.

16.08.340    Subdivision, short.

16.08.345    Undeveloped, substandard street.

16.08.350    Zoning – Zoning code.

16.08.010 Undefined words and phrases.

A. Except where specifically defined in this chapter, all words used in this title shall carry their customary meanings. These definitions are used in addition to those found in other ordinances, laws and/or regulations of the town, including without limitation those found in the zoning code, the development standards code, etc. The definition of any word or phrase not listed in the definitions that is in question when administering this title shall be defined from one of the following sources. Said sources shall be utilized by finding the desired definition from source number one, but if it is not available there, then source number two may be used and so on. The sources are as follows:

1. Any town of Waterville resolution, ordinance, code, regulation or formally adopted comprehensive plan, shoreline master program or other formally adopted land use plan;

2. Any statute or regulation of the state of Washington;

3. Legal definitions from Washington common law or a law dictionary;

4. The common dictionary.

B. Words used in the present tense include the future; the plural includes the singular; the word “shall” is always mandatory; the word “may” denotes a use of discretion in making a decision; the words “used” or “occupied” shall be considered as though followed by the words “or intended, arranged, or designed to be used or occupied.” (Ord. 612 § 1, 2001).

16.08.015 Alley.

“Alley” means a passage or way open to public travel and dedicated to public use affording generally a secondary access to abutting lots and not intended for general traffic circulation. Alleys are not considered streets under the terms of this title. (Ord. 612 § 1, 2001).

16.08.020 Applicant.

“Applicant” means any person, entity or government agency that applies for a development proposal, permit or approval subject to review under the WMC. (Ord. 612 § 1, 2001).

16.08.025 Application.

“Application” means a request for any permit or approval required from the town for proposed development or action, including without limitation building permits, conditional uses, binding site plans, short subdivisions, major subdivisions, variances, etc. (Ord. 612 § 1, 2001).

16.08.030 Binding site plan.

“Binding site plan” means a drawing to a scale specified by town ordinance which:

A. Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces and any other matters specified by this title;

B. Contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of land as are established by the town council; and

C. Contains provisions making any development be in conformity with the site plan. (Ord. 612 § 1, 2001).

16.08.035 Block.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries. (Ord. 612 § 1, 2001).

16.08.040 Bond.

“Bond” means any form of security acceptable to the town attorney and in an amount consistent with the provisions of these regulations. All bonds shall be approved by the town council wherever a bond is required by these regulations. (Ord. 612 § 1, 2001).

16.08.045 Boundary line adjustment.

“Boundary line adjustment” means a minor adjustment of one property line between two lots in which no third party ownership or additional building site results; provided, that the reconfiguration does not impact easements, utilities, access or some other significant impact that would warrant a plat alteration. (Ord. 612 § 1, 2001).

16.08.050 Building envelope.

“Building envelope” refers to the buildable area of a lot after applicable setbacks, easements and other restrictions on the lot are taken into account. (Ord. 612 § 1, 2001).

16.08.055 CC&Rs.

“CC&Rs” means covenants, conditions and restrictions by which the declarant or other party or parties executing the CC&Rs impose contractual obligations upon the present and future owners and assignees of real property. CC&Rs are connected with land or other real property, and run with the land, so that the grantee of such land is invested with and bound by the CC&Rs. CC&Rs include but are not limited to “declarations” for condominiums in accordance with Chapters 64.32 and 64.34 RCW. (Ord. 612 § 1, 2001).

16.08.065 Commercial-industrial land division.

“Commercial-industrial land division” means the division of land for the purpose of sale, lease, or transfer of ownership intended for the development of commercial and/or industrial uses. (Ord. 612 § 1, 2001).

16.08.070 Commission.

“Commission” means and refers to the town planning and zoning commission. (Ord. 612 § 1, 2001).

16.08.075 Common open space.

“Common open space” means a parcel or parcels of land or an area of water or a combination of land and water within the site designated for a subdivision and designed and intended for the use or enjoyment of the public. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the subdivision. (Ord. 612 § 1, 2001).

16.08.080 Comprehensive plan.

“Comprehensive plan” means and refers to the Waterville urban area comprehensive plan and any subsequent amendments thereto. (Ord. 612 § 1, 2001).

16.08.085 Concurrent – Concurrency.

“Concurrent” or “concurrency” means that improvements are in place at the time of development, or that a financial commitment is in place to complete the improvements within six years. (Ord. 612 § 1, 2001).

16.08.090 Condominium.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in unit owners, and unless a declaration and a survey map and plans have been recorded in accordance with Chapters 64.32 or 64.34 RCW. Condominiums are not confined to residential units, such as apartments, but also include offices and other types of space in commercial buildings. (Ord. 612 § 1, 2001).

16.08.095 Contiguous land.

“Contiguous land” means land adjoining and touching other land and having the same owner regardless of whether or not portions of the parcels have separate tax numbers or were purchased at different times, in different sections, are in different government lots or are separated from each other by private roads and/or easements. (Ord. 612 § 1, 2001).

16.08.100 Council.

“Council” means and refers to the town council. (Ord. 612 § 1, 2001).

16.08.105 County.

“County” means and refers to Douglas County, Washington. (Ord. 612 § 1, 2001).

16.08.110 Cul-de-sac.

“Cul-de-sac” means a local or residential street with only one outlet and having a turnaround for the safe and convenient reversal of direction. (Ord. 612 § 1, 2001).

16.08.115 Dedication.

“Dedication” means a deliberate appropriation of land by an owner for any general and public use, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or a short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit. (Ord. 612 § 1, 2001).

16.08.120 Developed street.

“Developed street” means a right-of-way developed to the minimum standards established by the town. (Ord. 612 § 1, 2001).

16.08.125 Development – Development permit.

“Development” or “development permit” means any permit or action regulations by the WMC including but not limited to land division approvals, planned developments, rezones, conditional use permits, variances, building construction, street construction, utility construction or installation, grading, filling or excavation. (Ord. 612 § 1, 2001).

16.08.130 Easement.

“Easement” means authorization by a property owner for the use by another, for a specified purpose, of a designated portion of his property. (Ord. 612 § 1, 2001).

16.08.133 Engineer, city/town.

“City/town engineer” means the engineering firm selected by the town and appointed by the mayor and approved by the town council as the town’s official engineer. (Ord. 612 § 1, 2001).

16.08.135 Engineering design standards.

“Engineering design standards” is synonymous with “engineering standards” and means the town’s engineering, design and construction standards and specifications governing the construction of public and private improvements serving developments, as determined by the town engineer and public works superintendent from time to time. (Ord. 612 § 1, 2001).

16.08.140 Fill.

“Fill” means any sand, gravel, earth, or other materials of any composition whatsoever placed or deposited by humans. (Ord. 612 § 1, 2001).

16.08.145 Final approval.

“Final approval” means the final official action taken by the responsible town official, board or hearing body on the final plan, subdivision, or dedication or portion thereof, that has previously received preliminary approval. (Ord. 612 § 1, 2001).

16.08.150 Final plat.

“Final plat” means the final drawing of the land division and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this title, and all other applicable codes and ordinances. (Ord. 612 § 1, 2001).

16.08.155 Frontage.

“Frontage” means that portion of a lot abutting on a public street and ordinarily regarded as the front of the lot. (Ord. 612 § 1, 2001).

16.08.160 Grade.

“Grade” means the slope of a street specified in percentage terms. (Ord. 612 § 1, 2001).

16.08.165 Homeowners’ association.

“Homeowners’ association” means an incorporated nonprofit organization operating under recorded land agreements, including but not limited to CC&Rs, through which:

A. Each lot owner is automatically a member;

B. Each lot is automatically subject to a proportionate share of the expenses for the organization’s activities, such as maintaining commonly owned property; and

C. A charge, if unpaid, becomes a lien against the real property. (Ord. 612 § 1, 2001).

16.08.170 Improvements.

“Improvements” means the facilities and infrastructure of a land development, including but not limited to the streets, sidewalks, street lights, fire hydrants, storm water facilities, sanitary sewer facilities, domestic water facilities, and other utilities and facilities required by this title to be constructed in conjunction with any particular land division, as approved by the necessary town departments. (Ord. 612 § 1, 2001).

16.08.175 Land division.

“Land division” means the creation of any lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership, and is inclusive of all types of land divisions defined and described in the WMC, including without limitation, short subdivisions, major subdivisions, binding site plans and plat alterations. Land division includes the redivision of previously divided land. (Ord. 612 § 1, 2001).

16.08.180 Lot – Platted lot.

“Lot” or “platted lot” means and is a fractional part of subdivided lands having fixed boundaries, being of sufficient area and dimension to meet zoning requirements for width and area. The term shall include tracts and parcels. (Ord. 612 § 1, 2001).

16.08.185 Lot, corner.

“Corner lot” means a lot situated at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot at an interior angle of less than 135 degrees. (Ord. 612 § 1, 2001).

16.08.190 Lot depth.

“Lot depth” means the horizontal distance from the midpoint of the front property line to the midpoint of the rear property line. (Ord. 612 § 1, 2001).

16.08.192 Lot, flag.

“Flag lot” means lots or parcels that the town has approved with less frontage on a public street than is generally required by this title. The panhandle or flag portion of the lot is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Flag lots are not allowed. (Ord. 612 § 1, 2001).

16.08.195 Lot frontage.

“Lot frontage” means the boundary of a lot which is along an existing or dedicated public street, or where no public street exists, along a private road, easement or access way. (Ord. 612 § 1, 2001).

16.08.200 Lot improvement.

“Lot improvement” means a physical betterment of real property, or any part of such betterment, including any building, structure, or improvement of land. (Ord. 612 § 1, 2001).

16.08.210 Lot width.

“Lot width” means the dimension of the lot line at the street right-of-way line; or, in an irregularly shaped lot, the dimension across the lot at the building setback line; or, in a corner lot, the narrow dimension of the lot at a street or building setback line. (Ord. 612 § 1, 2001).

16.08.215 Meander line.

“Meander line” means a line along a body of water intended to be used solely as a reference for surveying. (Ord. 612 § 1, 2001).

16.08.220 Monument, permanent control.

“Permanent control monument” means a five-eighths-inch rebar, one-inch iron pipe or a brass or aluminum cap set in a concrete collar with the surveyor’s name and professional license number. If brass or aluminum caps are used, a piece of iron scrap shall be embedded in the concrete collar for magnetic detection. (Ord. 612 § 1, 2001).

16.08.225 Model home.

“Model home” means a dwelling unit used initially for display purposes which typifies the type of units that will be constructed in a subdivision. (Ord. 612 § 1, 2001).

16.08.230 Owner.

“Owner” means any person, group of persons, firm or firms, corporation or corporations, or any legal entity having legal title to or sufficient proprietary interest to the land proposed to be subdivided. (Ord. 612 § 1, 2001).

16.08.240 Plat.

“Plat” means a map or representation of a land division showing the general division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications. (Ord. 612 § 1, 2001).

16.08.245 Plat administrator – Administrator.

“Plat administrator” or “administrator” means and refers to the mayor, his or her designee, or any other official appointed in writing by the mayor to be responsible for the administration and enforcement of this title. (Ord. 612 § 1, 2001).

16.08.250 Preliminary approval.

“Preliminary approval” means the final action of the town granting approval to a land division, subject to applicable conditions which must be fully satisfied prior to final plat approval. (Ord. 612 § 1, 2001).

16.08.255 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, restrictive covenants and other elements of a subdivision consistent with the requirements of this title and Chapter 58.17 RCW, as now exists or as may hereafter be amended, which shall furnish a basis for the approval or disapproval of the general layout of subdivision. (Ord. 612 § 1, 2001).

16.08.260 Prior division of land.

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

A. A division initiated by sale, lease, transfer or option contract executed prior to the date of adoption of the ordinance codified in this title, which presently remains a binding and enforceable commitment as between the parties thereto, their successors, or assigns. 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 providing that any division executed prior to the effective date of the ordinance codified in this title was in full and complete compliance with the then-applicable subdivision ordinances and laws of the state of Washington;

B. A taxation parcel of any size which is surrounded by prior divisions of land as defined by subsection A of this section;

C. A taxation parcel of any size which was created prior to the date of adoption of the ordinance codified in 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 include senior citizen segregations administratively affected by one other than the landowner or agent; and segregations for tax exemption purposes. Such segregations for taxation purposes are not considered to be prior divisions of land for purposes of this title;

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

E. A division of land created by a public right-of-way traversing the land. (Ord. 612 § 1, 2001).

16.08.265 Private street – Private access street.

“Private street” or “private access street” means every way or place in private ownership that is not deeded to the town and which is used for travel of vehicles by the owner or those persons having express or implied permission by the owner, but not by other persons, providing primary access from a public right-of-way to a lot, parcel or tract of land. Such private streets are generally delineated and designated by a private easement, they are not maintained by the town or any other public agency (government unit), and they shall meet the applicable requirements of this title. (Ord. 612 § 1, 2001).

16.08.270 Proof of ownership.

“Proof of ownership” means a photocopy of a recorded deed to property and/or a current title insurance policy insuring the status of an applicant as the owner in fee title to real property. Where proof of ownership is required by this title, the director shall have the discretion to require a current title insurance policy. (Ord. 612 § 1, 2001).

16.08.275 Public street.

“Public street” means an approved street, whether improved or unimproved, held in public ownership or control (either through deed or easement conveyance) and intended to be open as a matter of right to public vehicular travel. (Ord. 612 § 1, 2001).

16.08.280 Public works superintendent.

“Public works superintendent” means the official appointed by the mayor to serve as the director of the town’s public works department. The public works superintendent is also known and referred to as the water superintendent. (Ord. 612 § 1, 2001).

16.08.285 Required improvement.

“Required improvement” means and includes, but is not limited to, any drainage system, roadway, signs, sidewalk, parks, open space, community facilities, lot improvement, sewer or water system, fire protection, or other facility for which the town’s responsibility is already established. (Ord. 612 § 1, 2001).

16.08.290 Right-of-way.

“Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road or alley, utility line, water or sewer main, shade trees or other similar uses, whether improved or not improved. (Ord. 612 § 1, 2001).

16.08.295 Roadway.

“Roadway” means that portion of an approved street intended for the accommodation of vehicular traffic generally between curb lines on an improved surface. (Ord. 612 § 1, 2001).

16.08.305 Short plat.

“Short plat” means a neat and accurate drawing of a short subdivision, prepared for filing for record with the county assessor, and containing all elements and requirements as set forth by this title. (Ord. 612 § 1, 2001).

16.08.310 Sketch plat.

“Sketch plat” means a sketch preparatory to the preparation of a preliminary plat. (Ord. 612 § 1, 2001).

16.08.320 Street, dead end.

“Dead end street” means a street or portion thereof with only one vehicular traffic outlet. (Ord. 612 § 1, 2001).

16.08.325 Subdivider – Platter – Project proponent.

“Subdivider,” “platter” or “project proponent” means any person, firm, or corporation undertaking the division or redivision of a lot, block, or other parcel of land. (Ord. 612 § 1, 2001).

16.08.330 Subdivision – Major subdivision.

“Subdivision” or “major subdivision” means the division or redivision of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 612 § 1, 2001).

16.08.335 Subdivision, phased.

“Phased subdivision” means a subdivision which is developed in increments over a period of time, pursuant to RCW 58.17.140 and this title. (Ord. 612 § 1, 2001).

16.08.340 Subdivision, short.

“Short subdivision” means the division or redivision of land into four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership. (Ord. 612 § 1, 2001).

16.08.345 Undeveloped, substandard street.

“Undeveloped street” or “substandard street” means a right-of-way not developed to the minimum standards established by the town. (Ord. 612 § 1, 2001).

16.08.350 Zoning – Zoning code.

“Zoning” or “zoning code” refers to the town of Waterville zoning code. With regard to zoning-related matters such as lot size, etc., all regulations of this code must be consistent with the zoning code, as currently exists or hereafter may be amended. (Ord. 612 § 1, 2001).