Chapter 17.10
GENERAL PROVISIONS

Sections:

17.10.010    Purpose.

17.10.020    Title.

17.10.030    Applicability.

17.10.040    Interpretation.

17.10.050    Concurrent applications.

17.10.010 Purpose.

The purpose of this title is to implement the provisions of the various applicable state statutes, including but not limited to Chapters 58.17, 35.63 and 65.08 RCW, and the city of Poulsbo comprehensive plan and Poulsbo Municipal Code. The regulations contained herein are intended to:

A.    Regulate the subdivision of land and to promote the public health, safety and general welfare in accordance with standards established by the state and city.

B.    Promote the effective utilization of land and infrastructure.

C.    Make adequate provision for the housing, commercial and industrial needs of the city.

D.    Prescribe procedures for the expeditious review of proposed subdivision of land in accordance with officially adopted plans, policies and standards, including the provisions of the zoning code (Title 18).

E.    Provide for the efficient processing of subdivision applications.

F.    Implement the Growth Management Act and the policies of the city of Poulsbo comprehensive plan.

G.    Facilitate adequate provision for streets, water, sanitary sewer, utilities, stormwater drainage, schools and park and recreation areas, and other public requirements.

H.    Provide for proper and safe ingress and egress.

I.    Provide for uniform monumenting of land subdivisions and conveyance by accurate legal descriptions.

J.    Provide for access to utilities for ease of installation, inspection and maintenance. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)

17.10.020 Title.

This title shall be known as the Poulsbo Land Division Ordinance and shall supplement and implement the state regulations of plats, subdivisions and dedications found in Chapter 58.17 RCW. This title also complies with the requirements of the Growth Management Act and is consistent with the city’s comprehensive plan. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)

17.10.030 Applicability.

A.    All division and redivision of land into lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership shall comply with the requirements of this title except where specifically exempted herein. Subdivisions, short subdivisions, binding site plans, boundary line adjustments, plat alterations and plat vacations are all considered divisions or redivisions of land for the purposes of this title.

B.    Exemptions. The following are exempt from the provisions of this title except where expressly indicated:

1.    Cemeteries and burial plots while used for that purpose.

2.    Testamentary Divisions. Divisions made by testamentary provisions or the laws of descent; provided, that a map is recorded with the Kitsap County auditor’s office at the time the land is divided and that all lots created must meet the requirements of this chapter and other applicable regulations. Land divided in this manner does not guarantee creating legal lot, nor exempt the division to meet other city standards such as, but not limited to, lot size requirements, frontage and infrastructure improvements as applicable.

3.    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. 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 centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline.

4.    A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose consistent with RCW 58.17.040(8).

5.    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. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of the city. 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. 2017-22 § 2 (Exh. A (part)), 2017)

17.10.040 Interpretation.

This title shall be liberally interpreted and construed to secure the public health, safety, morals, and welfare, to implement the city of Poulsbo comprehensive plan, and to comply with all applicable requirements of Washington State law, and the rule of strict construction shall have no application. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)

17.10.050 Concurrent applications.

Land division applications may be processed concurrently with other required applications for approval. Multiple applications will be processed according to the requirements of Title 19, Project Permit Application Procedures. (Ord. 2017-22 § 2 (Exh. A (part)), 2017)