Chapter 16.04
GENERAL PROVISIONS
Sections:
16.04.040 Suitability for subdivision.
16.04.050 Conformance with standards and policies.
16.04.010 Applicability.
The provisions of this chapter shall apply to the subdivision or other division of land for the purpose of sale or lease into two or more parcels or tracts within the incorporated areas of the city. (Ord. 21-09 § 4 (Exh. A), 2021; Ord. 282 § 1.00, 1979)
16.04.020 Exemptions.
The provisions of this chapter shall not apply to the following:
A. A cemetery and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is 1/128th of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city has adopted a subdivision ordinance requiring plat approval of such division; provided, that for the purpose 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 centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline;
C. Division made by testamentary provisions or the laws of descent;
D. 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 local regulations;
E. A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or tiny houses with wheels as defined in RCW 35.21.686, 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 local regulations;
F. A division made for the purpose of adjusting boundary lines which does not create any additional lot, tract, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
G. A division which is made in accordance with RCW 58.17.040(7) by subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW if the city has approved a binding site plan for all of such land;
H. A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. “Personal wireless services” means any federally licensed personal wireless service. “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. For purposes of this subsection, “electric utility facilities” means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. 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. 21-09 § 4 (Exh. A), 2021; Ord. 384 § 1, 1985; Ord. 282 § 1.02, 1979)
16.04.030 Comprehensive plan.
The Greater East Wenatchee Area comprehensive plan or portions thereof shall guide the use of all land within the incorporated area of the city. The type and intensity of land use as shown on the comprehensive plan shall be used as a guide to determine the character of land division including lot size and arrangement and the type and extent of streets and roads, highways, dedications, improvements, services and other utilities and public facilities that shall be provided. (Ord. 21-09 § 4 (Exh. A), 2021; Ord. 282 § 1.04, 1979)
16.04.040 Suitability for subdivision.
Land which the administrator or the hearing examiner finds to be unsuitable for land subdivision due to flooding, bad drainage, steep slopes, rock formations or other features likely to be harmful to the safety and general health of future residents and which the hearing examiner considers inappropriate for subdivision shall not be subdivided unless adequate methods are provided for overcoming these conditions. (Ord. 22-08 § 5 (Exh. A), 2022; Ord. 21-09 § 4 (Exh. A), 2021; Ord. 282 § 1.04.1, 1979)
16.04.050 Conformance with standards and policies.
All installation of buildings or improvements shall conform to the applicable standards and policies adopted or established by the city. No subdivision shall be developed unless all improvements, including those outside the subdivision, deemed necessary by the city are installed which will ensure that the development will conform to standards as set forth in this chapter and will not endanger life, limb or property. (Ord. 21-09 § 4 (Exh. A), 2021; Ord. 282 § 1.06, 1979)
16.04.060 Administrator.
The community development director or his/her designated representative, hereafter referred to as the administrator, is vested with the duty of administering subdivision and platting regulations within the unincorporated areas of the city and may prepare and require the use of such forms as are essential to their administration. (Ord. 21-09 § 4 (Exh. A), 2021; Ord. 282 § 1.08, 1979)