Chapter 17.10
DEFINITIONS

Sections:

17.10.010    Access panhandle.

17.10.020    Access tract.

17.10.070    Alley.

17.10.080    Alteration.

17.10.085    Best management practices.

17.10.090    Binding site plan.

17.10.100    Bond.

17.10.105    Boundary line adjustment.

17.10.110    Buffer strip.

17.10.113    Condominium.

17.10.115    Condominium conversion.

17.10.120    Crosswalkway.

17.10.130    Cul-de-sac.

17.10.140    Dedication.

17.10.150    Department.

17.10.160    Developer.

17.10.165    Development.

17.10.167    Development proposal.

17.10.170    Director.

17.10.180    Easement.

17.10.200    Homeowners’ association.

17.10.210    Improvements.

17.10.220    Land surveyor.

17.10.230    Low impact development.

17.10.235    Manager, city manager.

17.10.240    Material error.

17.10.270    Owner.

17.10.280    Ownership interest.

17.10.285    Parks.

17.10.300    Person.

17.10.305    Plat, final.

17.10.310    Plat, preliminary.

17.10.320    Plat, nonbuilding.

17.10.340    Private road.

17.10.345    Recreation, active.

17.10.347    Recreation, passive.

17.10.350    Reservation.

17.10.370    Separate lot.

17.10.380    Shall.

17.10.420    Singular words.

17.10.425    Site plan.

17.10.430    Street.

17.10.440    Subdivider.

17.10.450    Subdivision.

17.10.455    Subdivision, short.

17.10.460    Tense.

17.10.470    Tract.

17.10.010 Access panhandle.

“Access panhandle” is a strip of land having a width narrower than that of the lot, tract, or parcel to be served thereby and designed for the purpose of providing access to a lot, tract, or parcel. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.010), 1994; Ord. 20 § 1, 1994).

17.10.020 Access tract.

“Access tract” is a piece of real property with dimensions less than the minimum zone requirement, jointly owned by the fee owners of more than one lot which abuts the tract and which is intended to provide ingress, egress or utility access. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.020), 1994; Ord. 20 § 1, 1994).

17.10.070 Alley.

An “alley” is a strip of land dedicated to public use, less than 21 feet wide, between property lines, which provides access to adjacent properties. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.070), 1994; Ord. 20 § 1, 1994).

17.10.080 Alteration.

“Alteration” means the modification of a previously recorded plat or short plat, or any portion thereof, which results in the revision of interior lot lines, the addition of new lots or more land, deletion of existing lots or the removal of plat or lot restrictions or dedications. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.080), 1994; Ord. 20 § 1, 1994).

17.10.085 Best management practices.

“Best management practices” or “BMPs” means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices approved by Ecology that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. (Ord. 2016-551 § 2 (Exh. 1)).

17.10.090 Binding site plan.

A “binding site plan” is a division of land into lots or tracts classified for industrial or commercial use as provided by RCW 58.17.020 and 58.17.040. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.090), 1994; Ord. 20 § 1, 1994).

17.10.100 Bond.

“Bond” means a surety bond, cash deposit, escrow account assignment of savings, irrevocable letter of credit or other means of security acceptable to, or required by, the director to guarantee work is performed or maintained in accordance with, and is in compliance with, all applicable city requirements. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-329 § 1; Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.100), 1994; Ord. 20 § 1, 1994).

17.10.105 Boundary line adjustment.

A “boundary line adjustment” is the adjustment of a boundary line of a recorded lot by the relocation of a common boundary where no additional lot is created and where no lot is reduced below the minimum requirements established in NMC Title 18. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.110 Buffer strip.

A “buffer strip” is an area or strip of land, located and planted with trees and shrubs to provide a screen between residential areas and business, commercial and industrial areas. Parks, playgrounds and the sites of public buildings are sometimes used as buffers. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.110), 1994; Ord. 20 § 1, 1994).

17.10.113 Condominium.

A “condominium” is a multiple-family dwelling, portions of which are designated for separate ownership and the remainder of which is designated for a common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the dwelling unit owners, and unless a declaration and a survey map and plans have been recorded. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.115 Condominium conversion.

A “condominium conversion” is the filing of a declaration pursuant to the Condominium Act, Chapter 64.34 RCW, of the sale by a developer of condominium units that were previously rental units. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.120 Crosswalkway.

A “crosswalkway” is a right-of-way dedicated to public use, 10 feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.120), 1994; Ord. 20 § 1, 1994).

17.10.130 Cul-de-sac.

A “cul-de-sac” is a short street having one end open to traffic and being permanently terminated by a vehicle turnaround. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.130), 1994; Ord. 20 § 1, 1994).

17.10.140 Dedication.

“Dedication” shall mean a conveyance of land to the city or another municipal corporation or public agency where the owner of the land transfers it to some public use through a clause or covenant in a deed or some other instrument of conveyance or on a duly filed plat. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.140), 1994; Ord. 20 § 1, 1994).

17.10.150 Department.

“Department” means the department of community development or such department’s officially designated names. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 97-153 § 40; Ord. 25 Exh. A (.04.150), 1994; Ord. 20 § 1, 1994).

17.10.160 Developer.

“Developer” shall mean the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.160), 1994; Ord. 20 § 1, 1994).

17.10.165 Development.

“Development” includes any activity that would require a land use permit or approval from the city or any other local, state, or federal jurisdiction. “Development activity” includes, but is not limited to, clearing or grading activity, building or construction activity, dredging or filling, etc. “Development” includes all structures and other modifications of the natural landscape above and below ground or water, including the division of land into two or more parcels on a particular site. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.167 Development proposal.

“Development proposal,” as it pertains to this title, is defined as any of the following types of development that require a land use permit or approval from the city of Newcastle: binding site plans, residential condominium binding site plans, site plans, planned unit developments, subdivisions, and short subdivisions. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.170 Director.

“Director” means the director of community development for the city of Newcastle, or the director’s authorized representative, or any representative authorized by the city manager. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 97-153 § 41; Ord. 25 Exh. A (.04.170), 1994; Ord. 20 § 1, 1994).

17.10.180 Easement.

An “easement” is a grant by the property owner of the use of a strip of land by the public, corporation or persons for specific purposes. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.180), 1994; Ord. 20 § 1, 1994).

17.10.200 Homeowners’ association.

“Homeowners’ association” shall mean any combination or grouping of persons or any association, corporation or other entity which represents homeowners residing in a short subdivision or subdivision; provided, that a homeowners’ association need not have any official status as a separate legal entity under the laws of the state of Washington. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.200), 1994; Ord. 20 § 1, 1994).

17.10.210 Improvements.

“Improvements” refers to streets, with or without curbs or gutters, sidewalks, crosswalks, water mains, sanitary and storm sewers, street trees and other appropriate items. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.210), 1994; Ord. 20 § 1, 1994).

17.10.220 Land surveyor.

A “land surveyor” is an individual licensed as a land surveyor pursuant to Chapter 18.43 RCW, Professional Engineers Registration Act. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.220), 1994; Ord. 20 § 1, 1994).

17.10.230 Low impact development.

“Low impact development (LID)” means a stormwater management and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (Ord. 2016-551 § 2 (Exh. 1)).

17.10.235 Manager, city manager.

“Manager” is the city manager of the city of Newcastle. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.240 Material error.

“Material error” means an error in fact or an omission of substantive information in preliminary subdivision or short subdivision applications, or supplementary studies, supplied to the city, which would constitute the basis for a decision. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.240), 1994; Ord. 20 § 1, 1994).

17.10.270 Owner.

An “owner” is a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of any of them. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.270), 1994; Ord. 20 § 1, 1994).

17.10.280 Ownership interest.

“Ownership interest” means having property rights as a fee owner, contract purchaser, mortgagee, or deed of trust beneficiary or grantor. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.280), 1994; Ord. 20 § 1, 1994).

17.10.285 Parks.

“Parks” are grouped and defined in the following:

A. Mini Parks. The mini park is the smallest park classification. These parks are generally less than two acres in size, serving residents within a one-quarter-mile radius (walking distance). Mini parks may include scenic view parks, plazas, gardens, historic places, public artscapes, small playgrounds, fountains or beautification areas. Depending on the size, mini park development may include small play structures or tot lots, sport courts, trails and beautification areas.

B. Neighborhood Parks. The neighborhood park is generally two to five acres in size or larger, serving residents within a one-half-mile radius (walking or bicycling distance). Neighborhood parks may provide both active and passive recreation. Access to these parks may be by way of connector trails, sidewalks, bikeways, or via low-volume residential streets. Neighborhood parks may include programmed multiuse playfields, basketball courts, picnic areas, pickle ball and volleyball courts, but typically do not include restrooms or night lighting for evening activities.

C. Community Parks and Recreational Facilities. “Community parks and recreational facilities” vary in size, but 25 to 50 acres is optimal to accommodate more comprehensive active recreation uses and their support system, and serve a broader population and activity base than neighborhood parks. They focus on meeting active recreation demands as well as preserving unique landscapes and open spaces. The natural character of the site should play a key role in site selection with emphasis on the land area needed to accommodate desired uses. “Community parks and recreational facilities” allow for group activities and offer other recreational opportunities not feasible at the neighborhood level. Recreation opportunities include community centers, swimming pools, stadiums, lighted athletic fields, picnic shelters, and parking lots.

D. Resource Parks. “Resource parks” are primarily intended for the preservation of natural, cultural or visual resources, with some passive recreational opportunities – namely low-impact uses such as nature viewing and soft surface trail use. Development is kept to a level that preserves and protects the integrity of the resource. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.300 Person.

“Person” means and includes an individual, firm, copartnership, association or corporation, governmental agency or political subdivision. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.300), 1994; Ord. 20 § 1, 1994).

17.10.305 Plat, final.

A “final plat” is the final drawing, map or chart of a subdivision of land which has been accurately surveyed, and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified, and which has been prepared for filing with the county auditor and contains all elements required by this title. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.190), 1994; Ord. 20 § 1, 1994. Formerly 17.10.190).

17.10.310 Plat, preliminary.

A “preliminary plat” is an accurate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, tracts, and other elements of a subdivision consistent with the requirements of this title and Chapter 58.17 RCW, Plats – Subdivisions – Dedications. The preliminary plat shall be the basis for the approval or disapproval of the subdivision’s general layout. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.310), 1994; Ord. 20 § 1, 1994).

17.10.320 Plat, nonbuilding.

“Nonbuilding plat” means a plat or lot(s) within a plat for which a declaration of covenant prohibits improvements upon the land for the purpose of human habitation. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.320), 1994; Ord. 20 § 1, 1994).

17.10.340 Private road.

A “private road” is a private vehicular access provided for by an access tract, easement or other legal means, which serves two or more lots. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.340), 1994; Ord. 20 § 1, 1994).

17.10.345 Recreation, active.

“Active recreation” shall mean and include all outdoor recreational activities which involve field and court games, such as, but not limited to, football, soccer, rugby, tennis, baseball, and softball. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.060), 1994; Ord. 20 § 1, 1994. Formerly 17.10.060).

17.10.347 Recreation, passive.

“Passive recreation” shall mean and include outdoor recreational activities which take advantage of geological, biological or scenic resources, such as, but not limited to, interpretive programs and trail systems. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.350 Reservation.

“Reservation” shall mean the act by which the grantor of land creates and reserves to a homeowners’ association, through a clause or covenant in a deed or some other instrument of conveyance or on a duly filed plat map, some right or interest which had no previous existence as such. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.350), 1994; Ord. 20 § 1, 1994).

17.10.370 Separate lot.

“Separate lot” means a physically separate and distinct parcel of property which has been created through one of the following processes:

A. The lot was created in compliance with the subdivision or short subdivision laws in effect at the time of creation of the lot;

B. The lot has been recognized as a lot pursuant to NMC 17.15.114, Lots created in violation of this title; or

C. The lot is a portion of a lot created through the processes cited in subsection (A) or (B) of this section that is separated from the remainder of the lot by one of the following:

1. A public road right-of-way; or

2. Shorelines as defined in city ordinance; or

3. Another separate lot, or a tract as defined in NMC 17.10.470, including railroad or public utility owned rights-of-way, publicly owned property, or other parcels recognized by the division pursuant to NMC 17.15.010. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.370), 1994; Ord. 20 § 1, 1994).

17.10.380 Shall.

“Shall” is mandatory and not directory. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.380), 1994; Ord. 20 § 1, 1994).

17.10.420 Singular words.

Words in the singular number include the plural and words in the plural include the singular. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.420), 1994; Ord. 20 § 1, 1994).

17.10.425 Site plan.

A “site plan” is a document or a group of documents prepared to scale, containing sketches, text, drawings, maps, photographs and other material intended to present and explain accurately and with complete dimensioning, the boundaries of a site and the location of all hard surfaces, soil types (if known), buildings, structures, uses, physical design, interior vehicular and pedestrian access, the provision of improvements, principal site development features proposed for a specific parcel of land, any proposed stormwater BMPs, and the interrelationship of these elements. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1).

17.10.430 Street.

A “street” is a right-of-way dedicated to the public use which provides vehicular and pedestrian access to adjacent properties. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.430), 1994; Ord. 20 § 1, 1994).

17.10.440 Subdivider.

A “subdivider” is a person who undertakes the subdividing or the resubdividing of a lot, tract or parcel of land into two or more lots or other divisions of land for the purpose, immediate or future, of transfer of ownership or development including all changes in street or lot lines. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.440), 1994; Ord. 20 § 1, 1994).

17.10.450 Subdivision.

“Subdivision” is the division or redivision of land into 10 or more residential lots for the purpose of sale, lease or transfer of ownership, except as provided by the short subdivision of two to nine lots. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-455 § 5; Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.450), 1994; Ord. 20 § 1, 1994).

17.10.455 Subdivision, short.*

“Short subdivision” is the administrative approval of the division or redivision of land into nine or fewer lots for the purpose of sale or transfer of ownership pursuant to Chapter 17.50 NMC. A short subdivision also may include any number of tracts for ingress, egress, utilities, open space preservation, or other approved public purposes. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2012-455 § 6; Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.410), 1994; Ord. 20 § 1, 1994. Formerly 17.10.410).

*Code reviser’s note: NMC 17.10.455 was added by Ord. 2005-305 as NMC 17.10.410. It has been renumbered to preserve alphabetization.

17.10.460 Tense.

Words used in the present tense include the future. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.460), 1994; Ord. 20 § 1, 1994).

17.10.470 Tract.

A “tract” is land reserved for special uses such as stormwater BMPs, open space, critical areas, utilities, or access. Tracts are not counted as lots nor considered as residential building sites except as allowed under the lot clustering provisions of NMC Title 18, Zoning. (Ord. 2016-551 § 2 (Exh. 1); Ord. 2005-305 § 1; Ord. 25 Exh. A (.04.470), 1994; Ord. 20 § 1, 1994).