Chapter 17.05
GENERAL PROVISIONS

Sections:

17.05.010  Regulations compliance required.

17.05.020  Purpose.

17.05.030  Scope.

17.05.040  Severability.

17.05.050  Exemptions.

17.05.060  Qualified exemptions.

17.05.070  Qualified exemption applications.

17.05.080  Boundary line adjustment – Procedure.

17.05.090  Floodplain land.

17.05.100  Amendment of ordinance.

17.05.110  Authority.

17.05.120  Other ordinances or regulations.

17.05.010 Regulations compliance required.

No division of land or parcel consolidation shall hereafter be made within the incorporated territory of the town of Twisp, Washington, except in full compliance with the provisions of this title and Chapter 58.17 RCW as it now exists or is hereafter amended. (Ord. 465 § 1(A), 1998)

17.05.020 Purpose.

The provisions of this title are adopted to:

(1) Comply with the requirements of Chapter 58.17 RCW;

(2) Promote the public health, safety and general welfare in accordance with standards established by the state of Washington to prevent the overcrowding of land;

(3) Provide uniform standards and regulations for the division of land;

(4) Lessen congestion in the streets and highways;

(5) Promote effective use of land consistent with environmentally sensitive development practices;

(6) Promote safe and convenient travel by the public on streets and highways;

(7) Provide for adequate light and air;

(8) Facilitate adequate provision for water, storm drainage, sewerage, parks and recreation areas, sites for schools and school grounds, and other public requirements;

(9) Provide for proper ingress and egress;

(10) Provide for the expeditious review and approval of proposed subdivisions which conform to zoning standards and local plans and policies;

(11) Adequately provide for the housing and commercial needs of the citizens of the town of Twisp;

(12) Be consistent with and to implement the intent and spirit of the comprehensive plan and State Environmental Policy Act guidelines including the necessity for preparation of an environmental impact statement in event of a declaration of significance; and

(13) Require uniform monumenting of land subdivisions and conveyancing by accurate legal description. (Ord. 465 § 1(B), 1998)

17.05.030 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 town of Twisp zoning ordinance, as it now exists or is hereafter amended, the State Environmental Policy Act and Shoreline Management Act, the most restrictive, or those imposing the higher standards shall govern. (Ord. 465 § 1(C), 1998)

17.05.040 Severability.

If any provision of this title is for any reason held or adjudged to be invalid, the remainder of this title shall not be affected. If any provisions of this title have inadvertently quoted the incorrect ordinance or RCW reference, they may be corrected by the administrator, town of Twisp council, or town attorney without the necessity of resubmission and the hearing process, as long as the alteration in no way affects the meaning or intent. (Ord. 465 § 1(D), 1998)

17.05.050 Exemptions.

Pursuant to RCW 58.17.040, the provisions of this title shall not apply to:

(1) Cemeteries and other burial plots, while used for that purpose;

(2) 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, unless the town of Twisp adopts a subdivision ordinance requiring plat approval of such divisions; provided, that for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3) Any division made by testamentary provisions or the laws of descent. Lots formed in this fashion must meet the requirements of all other ordinances and may or may not be buildable lots;

(4) 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 town zoning ordinance, as it now exists or is hereafter amended. For procedure on performing boundary line adjustments see TMC 17.05.080;

(5) Divisions of land into lots or tracts classified for industrial or commercial use when the town has approved a binding site plan for the use of the land in accordance with local regulations;

(6) A division for the purpose of lease when no residential structure other than manufactured homes or recreational vehicles are permitted to be placed upon the land when the town has approved a binding site plan for the use of the land in accordance with local regulations;

(7) Divisions of land into lots or tracts if:

(a) 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;

(b) 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;

(c) The town has approved the binding site plan for all such land;

(d) Such approved binding site plan is recorded in the county assessor's office;

(e) 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 town of Twisp, 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 town:

(i) In connection with the final approval of a long plat or planned unit development with respect to all of such land; or

(ii) In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or

(iii) If not approved pursuant to subsections (7)(e)(i) or (7)(e)(ii) of this section, then pursuant to such other procedures as the town may have established for the approval of a binding site plan;

(8) A division for municipal purposes when approved by the town council. (Ord. 465 § 1(E), 1998)

17.05.060 Qualified exemptions.

The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease, when satisfied that the conditions set forth in this section have been met.

(1) A division provided for by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:

(a) Financial segregations which do not involve a division of land through transfer of fee simple ordinance. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are conducted in all respects in compliance with the laws governing same.

(b) A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.

(2) A prior division of land as defined in TMC 17.10.160. (Ord. 465 § 1(F), 1998)

17.05.070 Qualified exemption applications.

(1) Applications for qualified exemptions shall be submitted to the town on forms provided by the administrator and shall be accompanied by a nonrefundable application fee as set forth in the adopted town fee resolution. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether specific actions may be exempt.

(2) Exemption may be granted by the administrator for only those actions which do not contravene the spirit and intent of this title and the applicable state statutes. (Ord. 465 § 1(G), 1998)

17.05.080 Boundary line adjustment – Procedure.

Applications for a boundary line adjustment, which shall be accompanied by an application fee as specified in the town's adopted fee resolution, shall adhere to the following procedure:

(1) Boundary line adjustments may be performed between owners of contiguous lots which are legally separate, as allowed by TMC 17.05.050(4), provided:

(a) The administrator certifies the following:

(i) No new lots are created. If you start with two parcels you must end up with two parcels;

(ii) The character of the parcels are not substantially altered. 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;

(iii) The new parcel configurations contain sufficient area and dimension to meet 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;

(iv) 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 fine adjustments may be conditioned and such conditions can vary greatly. An application form available from the administrator shall be completed including the following information:

(i) A legal description of the parcels involved in the boundary line adjustment;

(ii) 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;

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

(iv) The signature and stamp of a professional land surveyor, unless alternative method is approved by the administrator. The requirement may be waived if TMC 17.15.040(2) applies;

(v) Conveying document.

(c) The boundary line adjustment will not take effect until recorded in the office of the Okanogan County auditor.

(2) A reconfiguration of the boundaries of property may be performed provided the administrator certifies the following for each procedure:

(a) A parcel consolidation of contiguous lots of the same ownership may be joined for tax purposes only; provided the owner files a written request to be acknowledged by the administrator and filed with and approved by the Okanogan County assessor's office.

(b) A parcel consolidation of contiguous lots of the same ownership may be joined and be considered one piece of property for development purposes; provided the owner files a written request to be acknowledged by the administrator and filed with and approved by the Okanogan County assessor's office. Said consolidation parcels shall remain joined so long as the development exists.

(c) Previously platted property that has been consolidated for tax purposes and/or planning purposes may have property lines recognized along said plat lines; provided the development on each lot or groups of lots can be supported by the existing zoning, building, fire, and access codes at the time of reconfiguration. Said pieces of property may be considered as separate developable units.

(d) Open acreage parcels that have been joined under one tax parcel number may be separated and considered separate distinct parcels provided the owner can demonstrate:

(i) The property was joined for tax purposes only;

(ii) Separate legal descriptions have been recorded for each parcel that is less than minimum acreage platting exemption in existence of the time of the reconfiguration;

(iii) The development on each proposed parcel can be supported by the existing zoning, building, fire, and access codes at the time of reconfiguration. Said pieces of property may be considered as separate developable units.

(3) Recognition. The town may not recognize the property line adjustments for permitting purposes until such time as the owner furnishes a copy of the recorded action. (Ord. 465 § 1(H), 1998)

17.05.090 Floodplain land.

In accordance with RCW 58.17.120, no plat shall be approved by the town covering any land situated in a flood control zone as provided in Chapter 86.16 RCW without the prior written approval of the Washington State Department of Ecology. (Ord. 465 § 1(I), 1998)

17.05.100 Amendment of ordinance.

Any provision of this title may be amended by following the applicable procedures found in the town of Twisp zoning ordinance, as it exists or is hereafter amended; provided, that the provisions of TMC 18.50.090(3)(a) shall not apply. (Ord. 465 § 1(J), 1998)

17.05.110 Authority.

This title is adopted pursuant to the authority of Chapter 58.17 RCW. (Ord. 465 § 1(K), 1998)

17.05.120 Other ordinances or regulations.

Whenever an ordinance of the town is referenced in this title it shall mean as it now exists or is hereinafter amended. (Ord. 465 § 1(L), 1998)