Chapter 16.05
GENERAL PROVISIONS
Sections:
16.05.040 Administrative authority.
16.05.050 Failure of hearing examiner to act.
16.05.060 Assignment of water rights for subdivision of land.
16.05.010 Short title.
This title shall be known as the subdivision ordinance or subdivision code of the town of Mattawa.
(Ord. No. 479, § 1, 8-20-09)
16.05.020 Purpose.
The purpose of this title is to regulate the subdivision of land and to promote the health, safety, and general welfare in accordance with standards established by the town and the state to prevent the overcrowding of land; to lessen congestion in the streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewage, park and recreation areas, sites for schools and school grounds, and other public requirements; to provide for proper ingress and egress; and to require uniform monumenting of land subdivisions and conveying by accurate legal description.
(Ord. No. 479, § 1, 8-20-09)
16.05.030 Jurisdiction.
These subdivision regulations shall apply to all subdivisions of land within the corporate limits of the town.
(Ord. No. 479, § 1, 8-20-09)
16.05.040 Administrative authority.
There is established regulations related to the municipal approval or disapproval of subdivisions or dedications. The plat administrator is designated and assigned the administrative and coordinating responsibilities contained in this title, pursuant to the laws of the state as amended.
(Ord. No. 479, § 1, 8-20-09)
16.05.050 Failure of hearing examiner to act.
If in any instance the hearing examiner fails to act or carry out its responsibilities according to the regulations contained in this title, the town council shall assume all the duties of the hearing examiner as specified in this title relating to the application concerned.
(Ord. No. 479, § 1, 8-20-09)
16.05.060 Assignment of water rights for subdivision of land.
A. As a condition for the approval of the subdivision of real property pursuant to Chapters 16.11, 16.17, and 16.26 of this code, utilizing town provided water for residential consumption, irrigation, fire suppression, or commercial application, any property owner or developer of such property shall assign and transfer to the town any perfected application, certificate, permit or right of withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property in such quantities as is sufficient to serve the real property. This assignment and transfer shall not apply to individual service wells which are exempt from certification under the laws of the state of Washington. This assignment and transfer shall also not apply to properties which receive sufficient irrigation water services provided under a perfected water right from a town approved irrigation water service provider or industrial or industrial applications or those situations where water is provided to applications on the property by someone or some entity other than the town.
B. In the event, there are no water rights represented either by perfected application, certificate, permit or right for withdrawal appurtenant to the real property benefitted in subsection A above, the property owner or developer shall pay to the town, in lieu thereof, a water rights acquisition fee as established by the town council from time to time by resolution.*
(Ord. No. 479, § 1, 8-20-09)
* Code reviser’s note: Resolution 22.02.05 establishes the water rights acquisition fee.