Part IV. Land Division
Chapter 15.62
LAND DIVISION IN GENERAL
Sections:
15.62.060 Pre-application conference.
15.62.070 Time limitations for approval or disapproval of plats – Extensions.
15.62.080 Comparative procedures table.
15.62.010 Purposes.
The purposes of Chapters 15.62, 15.64, 15.66, 15.68, and 15.70 RMC are to regulate the subdivision of land and to promote the public health, safety, and general welfare in accordance with standards established by the state. (Ord. 1593, 1998)
15.62.020 Authority.
These regulations in Chapters 15.62, 15.64, 15.66, 15.68, and 15.70 RMC are established in accordance with the provisions of Chapter 58.17 RCW and should not preclude full compliance to Chapter 58.17 RCW. (Ord. 1593, 1998)
15.62.030 Applicability.
A. Every subdivision and short subdivision must comply with the provisions of this code.
B. No person may subdivide or develop land within the city of Raymond except in accordance with the provisions contained in this code, unless specifically exempted from such provisions.
C. No development permit will be issued for any parcel of land developed or divided in violation of the city of Raymond shoreline master program (also see Chapter 15.14 RMC).
D. A building or development permit must be obtained before construction or development begins within any area of special flood hazard, in accordance with Chapter 15.16 RMC. (Ord. 1593, 1998)
15.62.040 Binding site plans.
RCW 58.17.035 allows cities to adopt regulations allowing subdivision through binding site plan. Procedures for applicants wishing to subdivide commercial or industrial space for purposes of lease or sale through binding site plan are outlined in Chapter 15.70 RMC. (Ord. 1593, 1998)
15.62.050 Exemptions.
In accordance with Chapter 58.17 RCW, the provisions of Chapters 15.62, 15.64, 15.66, and 15.68 RMC do not apply to:
A. Cemeteries and other burial plots while used for that purpose;
B. Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth 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;
C. Divisions made by testamentary provisions, or the laws of descent;
D. 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;
E. 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 the city has approved a binding site plan for the use of the land in accordance with Chapter 15.70 RMC;
F. Assessor’s plats; provided, that they contain a survey of subdivision and contain permanent control monuments as required by Chapter 58.17 RCW;
G. Divisions of land into lots classified for industrial or commercial use when the city has approved a binding site plan in accordance with Chapter 15.70 RMC;
H. Divisions of land into lots or tracts if:
1. The division is the result of subjecting a portion of a parcel or tract of land to either Chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land;
2. The improvements constructed or to be constructed on the land are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units or their owners’ associations have a membership or other legal or beneficial interest;
3. The city has approved the binding site plan for all such land;
4. The approved binding site plan is recorded in the county in which such land is located;
5. The binding site plan contains the following statement:
All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners’ associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein.
6. The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either Chapter 64.32 or 64.34 RCW; and
7. A site plan will be deemed to have been approved if the site plan was approved by the city:
a. In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or
b. In connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or
c. If not approved pursuant to subsections (H)(7)(a) and (H)(7)(b) of this section, then pursuant to such other procedures as the city has approved for a binding site plan. (Ord. 1593, 1998)
15.62.060 Pre-application conference.
A. An applicant may request a pre-application conference with the city planner before submitting an application to discuss requirements and the review process, in accordance with RMC 15.08.040.
B. If an applicant requests consolidated permit processing, a pre-application conference is required. (Ord. 1593, 1998)
15.62.070 Time limitations for approval or disapproval of plats – Extensions.
A. Preliminary plats will be approved, disapproved, or returned to the applicant for modification or correction within 90 days from the date when a complete application is filed, unless the applicant:
1. Agrees to an extension of the time period; or
2. The 90-day limitation is extended to include up to 21 days as specified under RCW 58.17.095(3).
B. If an environmental impact statement is required as provided in RCW 43.21C.030, the 90-day period will not include the time spent preparing and circulating the environmental impact statement.
C. Final plats and short plats will be approved, approved with conditions, denied, or returned to the applicant within 30 days from the date when a complete application is filed unless the applicant consents to an extension of the time period.
D. A final plat meeting all requirements of this chapter must be submitted by the applicant to the city council for approval within five years of the date of preliminary plat approval. (Ord. 1593, 1998)
15.62.080 Comparative procedures table.
|
Short Plat |
Preliminary Plat |
Final Plat |
Binding Site Plan |
|
|
Optional pre-application conference |
X |
X |
X |
|
|
Applicant submits application |
X |
X |
X |
X |
|
Determination of completeness |
X |
X |
||
|
Notice of application |
X |
|||
|
City planner review |
X |
X |
X |
X |
|
City planner recommendation |
X |
|||
|
City planner decision |
X |
X |
||
|
Planning commission public hearing |
X |
|||
|
Planning commission recommendation to city council |
X |
|||
|
City council review and decision |
X |
X |
||
|
Report of decision (RMC 15.08.120 and 15.08.130) |
X |
|||
|
Applicant files short plat with county auditor |
X |
|||
|
Final plat filed with county auditor |
X |
(Ord. 1593, 1998)