Division 6. Subdivisions and Platting

Chapter 18.144
GENERAL PROVISIONS

Sections:

18.144.010    Title.

18.144.015    Authority.

18.144.020    Purpose.

18.144.025    Applicability.

18.144.030    Division of land by roads or rights-of-way.

18.144.040    Definitions.

Cross-references: Chapters 35A.21, 35A.63, 58.17 and 64.32 RCW and RCW 64.34.050

18.144.010 Title.

This division shall be known as the city of Rainier subdivision and platting regulations, and hereafter may be referred to as “this division.” (Ord. 548 § 2 (Exh. F) (part), 2007)

18.144.015 Authority.

This division is adopted by the city of Rainier pursuant to Chapter 58.17 RCW. (Ord. 548 § 2 (Exh. F) (part), 2007)

18.144.020 Purpose.

The intent of this chapter is to provide criteria, regulations and standards to govern the subdividing of land within the city and to:

A.    Promote the public health, safety and general welfare in accordance with standards established by the state and the city;

B.    Implement the comprehensive plan;

C.    Promote effective use of land by preventing the overcrowding or scattered development which would injure health, safety or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, parks and recreation areas, or other public services, or excessive expenditure of public funds for such services;

D.    Avoid congestion and promote safe and convenient travel by the public on streets and highways through the coordination of streets within a subdivision with existing and planned streets;

E.    Provide for adequate light and air;

F.    Provide for proper ingress and egress;

G.    Provide for the housing and commercial needs of the community;

H.    Provide uniform monumenting of land divisions and conveyance of accurate legal descriptions;

I.    Protect environmentally sensitive areas; and

J.    Encourage the conservation of nonrenewable energy resources. (Ord. 548 § 2 (Exh. F) (part), 2007)

18.144.025 Applicability.

Every subdivision shall comply with the provisions of Chapter 58.17 RCW, this division and all future amendments or applicable federal, state or local laws. After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions shall be allowed only if the procedures of this division are followed, and these requirements shall be applicable to all plats approved prior to the effective date of the ordinance codified in this title. Pursuant to RCW 58.17.040, the provisions of this division shall not apply to the following:

A.    Cemeteries and other burial plots while used for that purpose;

B.    Divisions made by testamentary provisions or the laws of descent;

C.    Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan which authorizes specific uses of said land in accord with Chapter 18.168 of this code;

D.    The transfer of contiguous unplatted lots if:

1.    The lots were created in compliance with all applicable state and city subdivision regulations in effect at the time of the creation of said lots; or

2.    The lots transferred and remaining lots are improved with dwellings; provided, that transfers pursuant to subsection (D)(1) or (2) of this section shall not be effective until the proponent is issued a certificate of compliance from the city. A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria above;

E.    A division which is made by subjecting a portion of a parcel or tract of land to Chapter 64.32 RCW, the Horizontal Property Regimes Act (Condominiums), if the city has approved a binding site plan for all of such land;

F.    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;

G.    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 division, “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. 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;

H.    A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when a binding site plan for the use of the land has been approved by the city;

I.    A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, 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; or

J.    A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, 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. (Ord. 575 § 35, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)

18.144.030 Division of land by roads or rights-of-way.

The city recognizes that a parcel has been divided into separate, legal lots by any one of the following:

A.    A state or federal road or highway; or

B.    A city or county road that has been adopted as part of the city road system; or

C.    A city or county or road right-of-way that has been acquired or accepted by the city but where site development has not facilitated improvements to that dedicated roadway section.

D.    In the case of a city road that has been adopted as part of the city road system or an unimproved road right-of-way, the division line between the lots created shall be the centerline of the right-of-way. Where a county road or an unimproved road right-of-way is located on the margin or edge of a parcel, such right-of-way shall not divide the parcel. (Ord. 548 § 2 (Exh. F) (part), 2007)

18.144.040 Definitions.

As used in this division, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

“Binding site plan” means a drawing to a scale as specified by the department, which shall:

1.    Identify and show the area and location of all streets, improvements, utilities, and open space;

2.    Contain inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land established by the planning commission or department having authority to approve the site plan;

3.    Contain provisions requiring that all development occurring within the proposal’s boundaries be in conformity with the site plan.

“Block” means a group of lots, tracts or parcels within well-defined and fixed boundaries.

“Boundary line adjustment” means the relocation of a common property line(s) between two or more abutting properties.

Clustered Housing Planned Developments (CHPDs). Clustered development provides a mechanism to cluster housing units within a residential development (usually single-family detached or attached housing) on smaller lots than those normally allowed under existing zoning, with the provision that the saved land is permanently set aside as open space or for other recreational opportunities. See “Subdivision, clustered housing planned developments” in Section 18.08.220, S definitions.

“Council” means the Rainier city council.

“County assessor-treasurer” means the Thurston County treasurer or assessor or both of them.

“County auditor” means the Thurston County auditor.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

“Department” means the city of Rainier community development department.

“Developer” means the person, party, firm or corporation who applies for said plat.

“Geological hazard” means any hazard caused by natural or artificial causes which may damage persons or property and which would include but not be limited to slides, slippage or instability of earth, rock and soil.

“Improvement” means any thing or structure constructed for the benefit of all or some residents of the subdivision or the general public such as but not limited to roads, alleys, storm drainage systems and ditches, sanitary sewer pipes or main lines, and storm drainage containment facilities.

“Lot” means the fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

“Lot determination” means a determination of the legal status of a lot of record by means of reviewing documents. For example, a title report, bill of sale, copy of a recorded plat or short plat, etc., provided by the applicant that clearly proves that the lot was legally created.

“Lot of record” means a legally created lot pursuant to statute, and duly recorded with the Thurston County auditor, or a legally created lot under state and local subdivision regulations in effect at the time of creation, or a lot described by metes (distance) and bounds (direction), the description of which has been so recorded.

“Model home,” for the purpose of this code, shall be defined as a dwelling in accordance with Division 3 of this title, Development Standards—Zoning. Also see Section 18.160.040, Model home.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.

Parcel. See “Lot.”

“Planning commission” means that body as defined in Chapter 36.70 RCW as designated by the city council to perform a planning function.

“Plat” is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

“Plat, final” means the final drawing of the subdivision and dedication drawn to a scale not smaller than one inch equals one hundred feet (1" = 100') unless approval of another scale is given by the planning director, on standard eighteen (18) inch by twenty-four (24) inch sheet size, prepared for filing for record with the county auditor and containing all elements and requirements set forth in state law and in this division.

“Plat, preliminary” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

“Plat, short” is the map or representation of a short subdivision.

“Reserved road area” means a defined area of land within the short subdivision which is required by the city to be reserved for a future road, and said area shall be dedicated to the city at the time of approval, but the road need not be constructed by the applicant or developer until such time as stated by ordinance. Setbacks shall be established as if the reserved road area were dedicated.

“Road engineer” means as defined in Chapter 36.40 RCW.

“Short subdivision” means any voluntary or involuntary division or redivision of land into four or fewer lots, tracts, parcels, sites or subdivisions for the purpose of sale, lease or transfer of ownership; excluding required lots as necessitated by preservation requirements of critical areas as required by Division 5 of this title, or to provide for infrastructure needs such as road, stormwater or utility lots for common use within the short subdivision for a total of no more than nine total lots.

“Subdivision” means any voluntary or involuntary division or redivision of land into five or more buildable lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership; excluding any required lots as necessitated by preservation requirements of critical areas as defined by Division 5 of this title, or to provide for infrastructure such as road, stormwater or utility tracts or parcels for common use within the short subdivision.

Tract. See “Lot.” (Ord. 575 § 36, 2009: Ord. 548 § 2 (Exh. F) (part), 2007)