Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Citation of title.

16.04.020    Applicability and purpose of land division code.

16.04.030    Exemptions.

16.04.035    Definitions.

16.04.040    Compliance with plans, policies and ordinances.

16.04.050    Administrator.

16.04.060    Applicant(s) of land divisions.

16.04.070    Processing according to development regulations.

16.04.080    Pre-application conference.

16.04.090    Complete application.

16.04.100    Land division maps – Format.

16.04.110    Surveys.

16.04.120    Required considerations and findings for land divisions.

16.04.130    Recordable final land division map.

16.04.140    Expiration of preliminary approval.

16.04.150    Extensions of time.

16.04.160    Adjustment to preliminary land division.

16.04.010 Citation of title.

This title shall be known and may be cited as the “Chelan land division code” or the “land division code,” and implements the authority delegated to the city regarding the division of land by Chapter 58.17 RCW. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.020 Applicability and purpose of land division code.

Every division of land into two or more lots or tracts in the city shall proceed in compliance with the land division code and conform to the requirements of Chapter 58.17 RCW. The purpose of this title is to enhance the quality of life and protect the health, safety and general welfare of the citizens of the city. To this end, the land division code is intended to:

A. Accomplish the orderly development of land within the city through regulations and standards governing subdivisions, short subdivisions, boundary line adjustments, binding site plans, and planned unit developments;

B. Coordinate development with public facilities and services and provide standards for construction of new services;

C. Improve land records and boundary monumentation;

D. Comply with Chapter 58.17 RCW;

E. Safeguard the interests of the public, the applicant and future property owners;

F. Avoid placing undue and unnecessary burdens on both the applicant and the city; and

G. Promote the public health, safety and general welfare of the citizens within the community. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.030 Exemptions.

The provisions of the land division code shall not apply to:

A. Any cemetery or burial plot, while used for that purpose;

B. Any division of land made by testamentary provisions, the laws of descent, or by court order;

C. Assessor’s plats made in accordance with RCW 58.17.240, 58.17.250, and 58.18.010;

D. Any division of land not containing a dedication in which the smallest lot created by the division exceeds twenty acres or one thirty-second of a section; provided, that for the 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;

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 the land division code;

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 the land division code;

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; or (2) the city has approved a binding site plan for all such land;

H. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. For purposes of this subsection, “facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and

I. A division of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility’s existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.035 Definitions.

Words and phrases appearing in this chapter shall have the meanings set out in Section 19.10.040. (Ord. 1411 § 6(b), 2010).

16.04.040 Compliance with plans, policies and ordinances.

All land divisions shall comply with all adopted plans, policies and ordinances of the city, including:

A. The comprehensive plan and plans adopted by reference thereto;

B. Development standards;

C. Economic development plans;

D. Parks and recreation plans;

E. Sewer plans;

F. Transportation plans;

G. Water plans;

H. Zoning code;

I. Sensitive and critical area ordinances;

J. Capital facilities plan; and

K. Natural hazard mitigation plan. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.050 Administrator.

The planning and community development director is referred to in the land division code as the administrator, and is vested with the duty of administering and interpreting the provisions of the land division code. Interpretations of the land division code shall be a Type IIA project permit application under the development regulations. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.060 Applicant(s) of land divisions.

Only the owner of record of land, or their authorized agent, may apply for the division of said land pursuant to the land division code. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.070 Processing according to development regulations.

All land divisions will be processed according to the development regulations. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.080 Pre-application conference.

The process of administering a land division is set out in the development regulations. To the extent required by the development regulations, it is strongly encouraged that all applicants schedule a pre-application conference with the administrator and all referral agencies prior to filing any application for a land division for the purpose of obtaining feedback on the initial layout of the land division and to clarify the requirements of the land division code affecting the proposed land division. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.090 Complete application.

A complete application for the purposes of this chapter shall consist of:

A. An application form approved by the administrator, completed and signed by the owner(s) of record of the land proposed to be divided, or their authorized agent;

B. Copies of the land division map;

C. The filing fee;

D. A completed SEPA environmental checklist and accompanying fee; and

E. All other items set out in the individual chapters of the land division code. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.100 Land division maps – Format.

Except as specifically set out in the land division code, plats and binding site plans shall consist of a land division map, consisting of boundary survey at a scale required by the administrator, together with written data in such form that when the maps and written data are considered together, they shall fully and clearly disclose the following information:

A. The name of the proposed land division, which shall not duplicate or nearly duplicate the name of any other subdivision in the county unless the proposed subdivision is an addition to an existing subdivision;

B. The legal description of the land contained within the subdivision and the assessor’s parcel number(s);

C. The names, addresses, and telephone numbers of all ownership interest in the proposed subdivision;

D. The name, address, telephone number, professional license number and seal of the registered land surveyor who made the survey and the date of the survey;

E. The boundary lines of the proposed land division and, if required by the administrator, a map showing the section breakdown together with the bearings and distances surrounding the proposed subdivision;

F. All existing monuments and markers found;

G. All lots and blocks within the proposed land division, together with the numbers and letters proposed to be assigned to each lot and block. Such lot and block numbers shall consist of consecutive numbers beginning with the number “1”;

H. The total number of lots;

I. The location, names, and widths of all existing streets, roads, and easements within the proposed subdivision and adjacent thereto;

J. The approximate boundaries of all areas subject to inundation or stormwater overflow and the location, width and direction of flow of all watercourses;

K. The location and, where ascertainable, the locations of all existing structures, wells, overhead and underground utilities, railroad lines, municipal boundaries, section lines, township lines, and other important features existing upon, over, or under the land proposed to be divided;

L. The delineation, location and extent of riparian areas, wetlands, geologically hazardous areas, aquifer recharge areas, and one-hundred-year floodplains and floodways;

M. The smallest, largest, and average lot area in the proposed land division expressed in square feet and all lot dimensions;

N. A statement of proposed provisions for domestic and/or irrigation water supply and sewage disposal;

O. Contours at two-foot intervals or as required by the administrator. Said contours and elevations shall be based upon a horizontal datum acceptable to the administrator;

P. The scale, date, north arrow, and area in acres of the proposed land division;

Q. The layout of all proposed roads, alleys, utility mains, easements or parcels proposed to be dedicated or reserved for public or community school, park, playground or other uses;

R. Road plans and profiles;

S. A layout of proposed water distribution systems, including type, ownership and well radii if appropriate, sewage disposal systems, and drainage systems, including sizes and locations. If on-site sewage disposal systems are proposed, site evaluations are required for each proposed system location, prepared by a professional engineer, qualified designer or soil scientist, as described in Chapter 246-272 WAC;

T. A sketch of the general vicinity in which the land proposed for land division lies and upon which are identified owners of land adjacent to the land division and the names of any adjacent land divisions;

U. The comprehensive planning designation and zoning of the subject land and the adjacent properties;

V. The location of soil log holes together with data regarding percolation rates and a statement as to soil conditions prepared by a registered soils engineer or civil engineer with training in soils mechanics, attesting to the suitability of soils for the specific uses proposed in the subdivision;

W. The location of any of the foregoing improvements which may be required to be constructed beyond the boundaries of the land division;

X. If it is contemplated that development proceed by dividing the original proposed land division into more than one land division or phase, the probable boundaries of each land division or phase;

Y. The approximate location of each area covered by trees along with a generic identification of such cover;

Z. Copies of all restrictive covenants proposed, if any, to be imposed upon the land in the land division; and

AA. Traffic impact study as required by the development standards. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.110 Surveys.

All surveys required by the land division code shall be made by a land surveyor, licensed under the authority of Chapter 18.43 RCW, and in accordance with Chapter 58.09 RCW and Chapter 332-130 WAC. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.120 Required considerations and findings for land divisions.

Land divisions may be approved only upon the following considerations and supported by appropriate findings and conclusions that the following are satisfied:

A. The public use and interest will be served by the approval of the proposed land division, and associated dedications and impact fees, if any.

B. Appropriate provisions are made for, but not limited to, conditions due to flooding, bad drainage, topography, critical areas, rock formations, or other physical characteristics of the land and other matters affecting the public health, safety and general welfare; for open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.

C. Any land division for land situated in a flood control zone shall satisfy the requirements of Title 14, Environmental Regulations, and must have written approval from the Department of Ecology as provided in Chapter 86.16 RCW.

D. No locally adopted level of service standard for public facilities and services will fall below the standards as set forth in the comprehensive plan as a result of the land division being approved.

E. The public facilities and services necessary to support the land division shall be adequate and available concurrently with the demand for such services.

F. The capacities and dimensions of water, sewerage, drainage and street facilities shall be adequate to provide for future needs of other undeveloped properties in the general vicinity, with the subdivider bearing a roughly proportionate portion of the cost that is the result of the relative impact of the land division, and the balance to be borne in a manner appropriate for the situation, either through a latecomer’s agreement, development agreement, or by contribution by the city.

G. No dedication, impact fee, condition or requirement shall be imposed upon the approval of a land division that constitutes an unconstitutional taking of private property. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.130 Recordable final land division map.

A. The final land division map to be recorded with the auditor shall consist of one or more sheets, each eighteen by twenty-four inches, clearly and legibly drawn on stable base mylar film or equivalent material acceptable to the administrator with all drawings and lettering in permanent black ink. A marginal line shall be drawn completely around each sheet leaving an entirely blank margin of two inches on the left side and one inch on the remaining sides. The scale of the map shall be sufficient to show all details clearly and in no case shall be smaller than one inch equals one hundred feet, nor greater than one inch equals fifty feet. The perimeter of the subdivision shall be depicted with heavier lines than appear elsewhere on the plat.

B. The final land division map shall include all of the information described in Section 16.04.110, together with all information specifically required in each specific chapter of the land division code.

C. The final land division map shall be accompanied with a plat certificate confirming that the title to the lands as described and shown on the land division map is vested in the owner(s) of record whose signature(s) appears on the land division map, along with the signatures of all persons/entities identified on the plat certificate as having a fiduciary, fee or ownership interest in the land, which includes beneficiaries of financial interest, judgments and liens.

D. The final land division map shall include the following certifications and signatures:

1. Certification of the land surveyor that the survey is based on an actual survey of the land, specifying the date(s) of the survey, that the distances, courses, and angles are correctly shown, and that the monuments, other than the monuments approved for setting at a later date, have been set and lot corners staked as depicted on the land division map;

2. Statement of approval signed by the public works director as to the layout of roads, alleys, and easements; road names and numbers; and the design and/or construction of protective improvements, bridges, sewage and drainage systems, and other structures pertaining to the land division;

3. A certificate bearing the typed or printed names of all owner(s) of record, and all other persons having an interest in the land, including without limitation, judgments and liens, in the subject land, signed by said persons and acknowledged by them before a notary public, consenting to the land division with their free consent and in accordance with their desires and reciting a dedication by them of all lands shown on the land division map to be dedicated for public uses, and a waiver by them of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of public roads;

4. A certificate signed by the Chelan County treasurer that all taxes one year in advance on all unimproved property in the land division, and any delinquent assessment for which the land within the land division may be liable, have been duly paid and satisfied or discharged;

5. A signature block shall be provided for the approval body or administrator;

6. A signature block shall be provided for the auditor’s certificate citing the date of filing and the recording date. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.140 Expiration of preliminary approval.

Preliminary approval of land divisions shall expire five years after preliminary approval, and the preliminary approval shall be void, except as follows:

A. The administrator grants an extension of time for final approval of the land division as provided in Section 16.04.150;

B. An application for final approval of a land division has been submitted and deemed complete by the administrator; or

C. The council finds that a change in conditions creates a serious threat to the public health or safety in the land division. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.150 Extensions of time.

An application form and supporting data for time extension requests must be submitted to the administrator as a Type IIB project permit application at least thirty days prior to the expiration of the preliminary approval. The administrator may administratively approve an extension; provided, there are no changed conditions which would render filing of the plat or binding site plan contrary to the public health, safety or general welfare; and further provided, one or more of the following circumstances is found to apply:

A. That some portion of the existing preliminary land division has been finalized since preliminary approval, and the remaining lots would form a unified development consistent with the original preliminary approval;

B. That the preliminary land division remains generally consistent with the original plat or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the land division, which shall include one of, but is not limited to, the following:

1. Surveying the lots within the development;

2. Arranging for public services to the site;

3. Obtaining necessary financing for all or a portion of the preliminary land division;

4. The completion of studies or other requirements which were part of the preliminary land division;

C. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which were not yet available. This provision shall not apply to public utility extensions which the project applicant would normally fund;

D. That administrative delays have caused the inability of the applicant to finalize the plat within the five-year period; and/or

E. Provided one of the above circumstances is found to apply, the administrator may grant extensions that may include additional or altered conditions and requirements recommended by affected agencies. Any time an extension is granted as a direct result of administrative delays, it is not subject to additional or altered conditions and requirements. Prior to granting time extensions, the administrator shall circulate the time extension request to affected agencies for comments. (Ord. 1397 § 8 (Exh. 7) (part), 2009).

16.04.160 Adjustments to a preliminary land division.

The administrator may approve a minor adjustment to a preliminary land division; provided, that the adjustment is minor, and is consistent with the preliminary land division, and does not otherwise violate the land division code or any other policy of the city. Any adjustment to a preliminary land division shall be made as an application for a land division. (Ord. 1397 § 8 (Exh. 7) (part), 2009).