Chapter 17.04


17.04.010    Title.

17.04.020    Purpose.

17.04.030    Violation of use.

17.04.040    Violations and penalties.

17.04.050    Administration.

17.04.060    Adoption by reference.

17.04.070    Naming and numbering of subdivision streets, lots and blocks.

17.04.080    Advanced notice to amend.

17.04.090    Vesting.

17.04.100    Exemptions.

*    For statutory regulations of subdivisions, see RCW Ch. 58.17.

17.04.010 Title.

This title shall be known as the “subdivision ordinance of the city of Prosser.” (Ord. 1908 § 2 (part), 1997).

17.04.020 Purpose.

The purpose of this title is to regulate the division of land and to promote the public. health, safety, and general welfare, in accord with standards established by the state of Washington and the city, to: prevent the overcrowding of land; promote effective use of land; promote safe and convenient travel by the public on streets and highways; provide for adequate light and air; facilitate adequate provision for water, sewage, parks and recreation areas, sites for schools and school grounds, and other public requirements; provide for ingress and egress; provide for the expeditious review and approval of proposed divisions which conform to zoning standards and local plans and policies; adequately provide for the housing and commercial needs of the citizens of the state; and, require uniform monumenting of land divisions and conveyancing by accurate legal description. (Ord. 1908 § 2 (part), 1997).

17.04.030 Violation of use.

Whenever land within a division granted final approval is used in a manner or for a purpose which violates any provision of this title or any term or condition of a plat approved by the city, the city attorney may commence action to restrain and enjoin such use, and compel compliance with the provisions of this title, Chapter 58.17 RCW, or with any terms or conditions of the approved plat. The costs of such action may be taxed against the violator. (Ord. 1908 § 2 (part), 1997).

17.04.040 Violations and penalties.

Any person violating any of the provisions of this title is guilty of a misdemeanor and may be punished accordingly. (Ord. 1908 § 2 (part), 1997).

17.04.050 Administration.

Review of any final decision under this title shall be as provided by law, with the exception that decisions of the city engineer are not subject to review other than as they may be incorporated in or relate to a preliminary, final, or short plat. (Ord. 1908 § 2 (part), 1997).

17.04.060 Adoption by reference.

The following sections of Chapter 58.17 RCW are adopted by reference:

A.    58.17.030 Subdivisions to comply with chapter and local regulations;

B.    58.17.050 Assessors Plat—Compliance;

C.    58.17.120 Disapproval due to flood, inundation or swamp conditions—Improvements—Approval conditions;

D.    58.17.165 Certificate giving description and statement of owners must accompany final plat—Dedication, certificate requirements if plat contains—Waiver;

E.    58.17.200 Injunctive action to restrain subdivision, sale, transfer of land where final plat not filed;

F.    58.17.205 Agreements to transfer land conditioned on final plat approval—Authorized;

G.    58.17.210 Building, septic tank or other development permits not to be issued for land divided in violation of chapter or regulations—Exceptions—Damage—Rescission by purchaser;

H.    58.17.220 Violation of court order or injunction—Penalty;

I.    58.17.225 Survey discrepancy—Disclosure;

J.    58.17.230 Assurance of discontinuance of violations;

K.    58.17.290 Copy of plat as evidence;

L.    58.17.300 Violations—Penalties;

M.    58.17.310 Approval of plat within irrigation district without provisions for irrigation prohibited;

N.    58.17.320 Compliance with chapter and local regulations—Enforcement; and

O.    58.17.900 Validation of existing ordinances and regulations. (Ord. 1949 § 1, 1997: Ord. 1908 § 2 (part), 1997).

17.04.070 Naming and numbering of subdivision streets, lots and blocks.

The city will provide the street names and house addresses for all lots within a short subdivision and subdivision which must be clearly shown on each lot of the short plat or final plat. (Ord. 1908 § 2 (part), 1997).

17.04.080 Advanced notice to amend.

Amendments to this title may be made by the city council after a recommendation by the planning commission. The commission will hold a public hearing with notice thereof published in a local newspaper of general circulation, not less then ten days prior to the hearing. Notice will also be submitted to individuals and organization who have so requested. Reasonable fees will be charged to defray the costs of providing notice. (Ord. 1908 § 2 (part), 1997).

17.04.090 Vesting.

A proposed division of land is in effect under this title when a completed application for preliminary plat, short plat or binding site plan has been submitted. The criteria for a completed application for a subdivision are listed in Chapter 17.12; for a short plat in Chapter 17.15; and in Chapter 17.30 for binding site plan. The limitations imposed by this section do not limit or affect conditions imposed under Chapter 43.21C RCW and Chapter 16.08 PMC. (Ord. 1908 § 2 (part), 1997).

17.04.100 Exemptions.

This title does not apply to:

A.    Cemeteries and other burial plots;

B.    Divisions made by testament or the laws of descent;

C.    A division made for the purpose of alternation by adjusting boundary line, between platted or unplatted lots or both, which does not create any additional lot with dimensions, setbacks or area less than permitted in the applicable zoning chapter;

D.    Any divisions of land not containing a dedication and in which the smallest lot created by the division exceeds forty acres in area. A lot which borders on a street includes the area to the centerline of the street, but the minimum buildable lot area must not be less than that required by the zoning district in which located, excluding necessary street right-of-way;

E.    Any division of property made by recorded survey or contract sale prior to the effective date of Ordinance 622;

F.    Any division of property made solely for the purpose of mortgage, provided a letter stating this purpose, signed by the owner or his designated representative, and acknowledged by the city, accompanies and is recorded with the deed. However, if any such parcel is later separately offered for sale or lease, a subdivision is required;

G.    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 and when the city has approved a binding site plan in accord with Chapter 17.30;

H.    The division of land into lots or tracts zoned commercial or industrial when the city has approved a binding site plan in accord with Chapter 17.30; or

I.    Divisions of land into lots or tracts in accord with the requirements of Chapters 64.32 or 64.34 RCW. (Ord. 1908 § 2 (part), 1997).