Chapter 21.10
DEFINITIONS

Sections:

21.10.010    Interpretation.

21.10.020    Definitions.

21.10.010 Interpretation.

(1) The word “shall” is mandatory.

(2) The word “should” indicates that which is recommended but not required.

(3) The word “may” is permissive.

(4) The word “administrative official or director” means the director of planning and development services or his or her designee.

(5) The word “county” means Whatcom County, Washington.

(6) The word “council” means the Whatcom County council.

(7) The term “technical review committee” means the designated representatives of the director of planning and development services who shall act as chairperson, the county engineer and the local director of health and human services. (Ord. 2009-007 § 1; Ord. 2000-056 § 1).

21.10.020 Definitions.

(1) “Accepted (acceptance) for review” means that an application has been determined to contain all of the components required by the subject application process. An application “accepted for review” will be reviewed to determine if it is complete and accurate such that it will receive a determination of completeness.

(2) “Approving authority” means the body or individual having the responsibility as defined by this title to issue the final decision on a subdivision, short subdivision, binding site plan, or other property boundary action covered by this title.

(3) “Binding site plan” means the combined documents of general and specific binding site plans, and processes and requirements thereof. Where appropriate to the context, the term may also refer to the land to be divided. Binding site plans are intended to provide flexibility for the following:

(a) Land divisions into lots zoned for industrial or commercial use;

(b) Land divisions for the purpose of creating lease spaces in a mobile home park or RV park when no other residential structures are permitted; and

(c) Land divisions that result from subjecting a portion of a lot to condominium ownership as provided in Chapter 64.32 or 64.34 RCW.

(4) “Boundary line adjustment” means a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, and meets the requirements set forth in this title.

(5) “Building site” means an area of land, consisting of one or more lots or portions of lots, that is:

(a) Capable of being developed under current federal, state, and local statutes, including zoning and use provisions, dimensional standards, minimum lot area, minimum lot area for construction, minimum lot width, shoreline master program provisions, critical area provisions and health and safety provisions; or

(b) Currently legally developed.

(6) “Community on-site sewage system” means an on-site sewage system (OSS) that serves more than one parcel or residence and consists of a disposal area (commonly referred to as the drainfield), all OSS lines and appurtenances including but not limited to pump stations, septic tanks, pretreatment devices and diversion devices.

(7) “Cul-de-sac” means a road closed at one end by an area, usually circular, for vehicular turnaround.

(8) “Dedication” means the deliberate appropriation of land by an owner for any general and public use, reserving to oneself no rights other than those which are compatible with the full exercise and enjoyment of the public use to which the property has been devoted. Where appropriate to the context, “dedication” may also refer to the land so appropriated.

(9) “Determination of completeness” means that an application that has been accepted for review has been reviewed and determined to be complete for processing as provided by Chapter 2.33 WCC and RCW 36.70B.070(2).

(10) “Determination of incompleteness” means that an application that has been accepted for review has been reviewed and determined to not be complete for processing as provided by Chapter 2.33 WCC and RCW 36.70B.070(1)(b).

(11) “Easement” means a right granted for the use of certain areas or strips of land for limited purposes. Where appropriate to the context, “easement” may also refer to the land covered by the grant.

(12) “Exempt land division” means a type of land division, specifically set forth in these regulations, which does not require short subdivision, subdivision, or binding site plan approval.

(13) “Final plat” means the final drawing of a subdivision and dedication prepared for filing for record with the county auditor, containing all elements and requirements set forth in Chapter 58.17 RCW and in these regulations.

(14) “Frontage” means that portion of a parcel adjacent to a public road.

(15) “General binding site plan” means the final drawing of a binding site plan and dedication prepared for filing for record with the county auditor, containing all elements and requirements set forth in Chapter 58.17 RCW and in these regulations, showing the overall boundary of the site. A general binding site plan does not create individual lots or lease areas.

(16) “Intervisible” means a monument that is within line of sight of two other monuments.

(17) “Land division” means the division or redivision of land into lots for the purpose of sale, lease or transfer of ownership. Where appropriate to the context, the term may also refer to the land so divided.

(18) “Lease” means a grant of a limited interest in land so as to create a tenancy, which is characterized by the right of possession under agreement between the tenant and the landowner in consideration of a return of rent or other recompense.

(19) “Long plat” means the map or representation of a subdivision.

(20) Long Subdivision. See “Subdivision.”

(21) “Lot” means a fractional part of divided lands having fixed boundaries. The term shall include tracts or parcels.

(22) “Notice of preliminary approval” means the preliminary approval of a short subdivision, after which the applicant prepares an original drawing for recording and final approval. The notice of preliminary approval does not authorize the sale of lots.

(23) “Original drawing” means a drawing prepared in accordance with WAC 332-130-050.

(24) “Party of record” means any person, agency or entity entitled to receive notice of application or decision under this title, or any person, agency or entity providing written comments on any application received under this title.

(25) “Phased subdivision” means any subdivision consisting of lots intended for phased development where the applicant intends to develop the subdivision in stages, with each stage receiving final plat approval as completed.

(26) “Plat” means a map or representation of a subdivision showing the division of a tract of land into lots, blocks, streets, roads, alleys, or other divisions and dedications.

(27) “Property boundary action” means change of existing or creation of new property boundaries covered by this title. The term includes boundary adjustments where no new properties are created, and all manner of development that creates new property lines.

(28) “Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of roads, alleys, lots, blocks and other elements of a subdivision consistent with the requirements of these regulations and Chapter 58.17 RCW. A preliminary plat shall be the basis for approval or disapproval of the general layout of a subdivision.

(29) “Public water supply or system” means any system, excluding a system serving only one single-family residence, providing piped water for human consumption as defined by Chapter 246-290 or 246-291 WAC.

(30) “Sale” means the conveyance of the right of possession of land for an unlimited period of time in consideration of the payment or promise of payment of money or other compensation.

(31) “Short plat” means the map or representation of a short subdivision.

(32) “Short subdivision” means the division or redivision of land into four or fewer lots for the purpose of sale, lease or transfer of ownership. Where appropriate to the context, the term may also relate to the land so divided.

(33) “Site plan” means a scaled drawing which shows the appropriate level of detail for the intended development of a site.

(34) “Specific binding site plan” means the final drawing of a binding site plan and dedication prepared for filing for record with the county auditor, containing all elements and requirements set forth in Chapter 58.17 RCW and in these regulations, for the purpose of creating lots or lease spaces under the binding site plan process.

(35) “Staking line” means a reference or control line, typically along a body of water or top of bluff, showing its own relationship to the intersecting lot lines and creating a mathematical closure for each of the intersecting lots. Permanent markers are set at each of the intersections.

(36) “Subdivision” means the division or redivision of land into five or more lots for the purpose of sale, lease or transfer of ownership. Where appropriate to the context, the term may also refer to the land so divided.

(37) “Subdivider” means a person, including a corporate entity, who undertakes to create a subdivision, short subdivision, or binding site plan.

(38) “Surveyor” means every person authorized to practice the profession of land surveying under the provisions of Chapter 18.43 RCW, as now or hereafter amended.

(39) “Urban growth area (UGA)” means an area designated within which urban growth will be encouraged and outside of which growth can only occur if it is not urban in nature. Urban growth areas around cities are designated by the county in consultation with the cities; urban growth areas not associated with cities are designated by the county. (Ord. 2009-030 § 1 (Exh. 1); Ord. 2009-007 § 1; Ord. 2000-056 § 1).