Chapter 17.02


17.02.010    Title.

17.02.020    Planning goals.

17.02.030    Purpose.

17.02.040    Scope.

17.02.050    General scope.

17.02.060    Specific exceptions.

17.02.070    City plans, policies, and ordinances.

17.02.080    Prohibition against sale, lease, or transfer of property.

17.02.090    Administrative duty.

17.02.100    Consent to access.

17.02.110    Regulations supplementary to state law.

17.02.120    Model homes/units.

17.02.130    Planned residential/planned unit developments.

17.02.140    Appeal of administrative decision.

17.02.150    Time for commencement of action.

17.02.160    Fees.

17.02.170    Time computation.

17.02.180    General design standards.

17.02.190    Specific design standards.

17.02.200    Enforcement.

17.02.010 Title.

This title shall be known as the “city of Tumwater land division ordinance.”

(Ord. 1308, Added, 10/15/1991)

17.02.020 Planning goals.

A.    Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

B.    Reduce Sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low density development.

C.    Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

D.    Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

E.    Economic Development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state’s natural resources, public services, and public facilities.

F.    Property Rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

G.    Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

H.    Natural Resource Industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

I.    Open Space and Recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

J.    Environment. Protect the environment and enhance the state’s high quality of life, including air and water quality, and the availability of water.

K.    Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

L.    Public Facilities and Services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

M.    Historic Preservation. Identify and encourage the preservation of lands, sites, and structures that have historical or archaeological significance.

(Ord. 1308, Amended, 10/15/1991)

17.02.030 Purpose.

The purpose of this title includes, but is not limited to, regulating the division of land and furthering the public health, safety and general welfare by:

A.    Providing for the platting, division, dedication and recording of land.

B.    Providing for safe and adequate access.

C.    Providing for safe and adequate streets, utilities, parks, and recreation facilities, schools and other public facilities.

D.    Providing for minimum level of light, air and open space.

E.    Implementing the provision and intent of the comprehensive plan and zoning code, as well as the other plans and policies of the city.

F.    Requiring uniform monumentation and description of divided land and conveyancing by accurate legal description.

G.    Providing for binding site plans on land so regulated.

H.    Providing expeditious procedures for land division, building site plans, short subdivisions and boundary line adjustments.

I.    Providing for the housing and commercial land needs of the city.

J.    Providing for high quality, attractive developments for which the long-term costs to the city are minimized and which enhance the city as a pleasant and attractive place for people to live and work.

K.    Providing for land dividers to pay their fair share of capital improvements so that city landowners are not burdened with the cost of these improvements.

L.    To conserve and restore natural beauty and other natural resources.

M.    To maintain and perpetuate environmental quality.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1016, Amended, 10/02/1984; Ord. 1001, Added, 06/05/1984)

17.02.040 Scope.

No land shall be divided for the purposes of sale, lease, or development; and no land so divided shall be sold, conveyed, transferred, leased or offered for sale or lease until the owner of the land has fully complied with the provisions of this title.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1001, Added, 06/05/1984)

17.02.050 General scope.

Land divisions, short subdivisions, binding site plans, lot line adjustments and lot consolidations, or any redivisions thereof, shall be presented for review in accordance with the provisions of this title.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1001, Added, 06/05/1984)

17.02.060 Specific exceptions.

The provisions of this title shall not apply to:

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

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

C.    Assessor’s plats made in accordance with RCW 58.18.010, 58.17.240 and 58.17.250.

D.    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 when the city approves a binding site plan in accordance with the Tumwater zoning code, for a mobile home park or recreational vehicle park.

E.    Any division of land, not containing a dedication, in which the smallest lot created by the division equals or exceeds twenty acres or one-thirty-second of a section by standard sectional subdivision.

F.    The transfer of contiguous platted or unplatted lots if the lots were created in compliance with all applicable state and city subdivision regulations in effect at the time the lots were created; provided, that transfers shall not be effective until the proponent is issued a certificate of compliance by the city. A certificate shall be issued when the owner or applicant shows that the lot conforms to the criteria above.

G.    Divisions of land into lots or tracts if: (1) the improvements constructed or to be constructed thereon will 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 owner’s associations have membership or other legal or beneficial interest; (2) city, town, or county has approved a binding site plan for all such land; and (3) the binding site plan contains thereon the following statement:

All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. 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 their owner’s associations have a membership or other legal or beneficial interest.

H.    Deed releases, for the purpose of obtaining building financing; provided, that a subdivision or short subdivision is required if the parcel is separately sold or if all land specified by the contract is not acquired.

I.    Divisions made by court order. This exemption shall not apply to land divided pursuant to dissolution or partition proceedings of a corporation, partnership, limited partnership, joint venture, or trust, unless the city is made a party to the proceedings and has advised the court with respect to the division.

J.    Any divisions of land for use solely for the installation of electric power, telephone, water supply, sewer service or other utility facilities of a similar or related nature; provided, however, that any remaining lot or lots are consistent with applicable zoning and land use plans.

K.    Any division(s) of land for the sole purpose of enabling a municipal corporation to acquire land, either by outright purchase or exchange, for right-of-way purposes, port purposes, boat moorage or launching sites, or for park, viewpoint, recreational, educational, or other public purposes; provided, however, that any remaining lot or lots are consistent with applicable land use regulations.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1001, Added, 06/05/1984)

17.02.070 City plans, policies, and ordinances.

All subdivisions and binding site plans shall be in accordance with all written and adopted plans policies, and ordinances of the city of Tumwater, including but not limited to:

Environmental code (TMC Title 16).

The comprehensive plan (all elements).

Developmental standards.

Tree protection ordinance.

Sewer plan.

Stormwater plan.

Street plan.

Thurston Region Storm Drainage Manual.

Water plan.

Zoning ordinance.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.02.080 Prohibition against sale, lease, or transfer of property.

No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval by the city hereunder and filing a map of the approved division with the county auditor; provided, that if performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the plat, short plat, large lot subdivision or binding site plan containing the lot, tract or parcel, the offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account, and no disbursement to sellers shall be permitted until the plat or plan is recorded.

(Ord. 1308, Added, 10/15/1991)

17.02.090 Administrative duty.

The community development director or his/her designee is responsible for administering this title and may prepare and require the use of such additional forms which are necessary to effectuate the provisions thereof.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 1016, Amended, 10/02/1984; Ord. 1001, Added, 06/05/1984)

17.02.100 Consent to access.

The land dividers shall permit free access to the land being divided to all agencies considering the plat or plan for the period of time extending from the time of application to the time of final action.

(Ord. 1308, Added, 10/15/1991)

17.02.110 Regulations supplementary to state law.

The regulations prescribed by this title shall be considered as supplementary to Chapter 58.17 RCW. No map, plat, replat or plan of a proposed land division or plan shall be recorded or have any validity unless it conforms with the requirements of Chapter 58.17 RCW.

(Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.02.120 Model homes/units.

Up to four model homes/units may be established on a single tract of land without an approved subdivision provided the city has approved a preliminary short plat or subdivision which includes the specific lots upon which the model homes/units are to be located; provided further, that the ownership of those model homes/units shall remain with the property owner until a final short plat or final subdivision has been approved and recorded. Building and related permits shall be issued only to the property owner or a licensed contractor acting on the owner’s behalf.

(Ord. 1308, Added, 10/15/1991)

17.02.130 Planned residential/planned unit developments.

Planned residential and planned unit developments which include the division of land shall be processed subject to the provisions of this title. No requirements related only to planned residential and planned unit developments are included in this title. The division of land within these projects, if required, can be processed simultaneously with the zoning approval of such projects.

(Ord. 1308, Added, 10/15/1991)

17.02.140 Appeal of administrative decision.

An applicant or other affected party (or parties) may appeal an administrative decision made under this title to the hearing examiner by filing a written notice of appeal with the city clerk within fourteen calendar days of the decision being appealed.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Added, 10/15/1991)

17.02.150 Time for commencement of action.

Any action to set aside, enjoin, review or otherwise challenge any amendment to this title must be commenced within thirty calendar days from the date of adoption of said amendment.

(Ord. 1308, Added, 10/15/1991)

17.02.160 Fees.

Fees for the review and processing of requests for approval pursuant to this title shall be as identified on the officially adopted fee schedule for the city, as it may be amended from time to time.

(Ord. 1308, Amended, 10/15/1991; Ord. 1073, Amended, 08/19/1986; Ord. 1001, Added, 06/05/1984)

17.02.170 Time computation.

In computing any period of time prescribed by this title, the day of the act from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or a city legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday or a city legal holiday.

(Ord. 1308, Added, 10/15/1991)

17.02.180 General design standards.

The general design standards shall be as set forth in TMC Chapter 17.12.

(Ord. 1308, Added, 10/15/1991)

17.02.190 Specific design standards.

The specific design standards shall be as set forth in TMC Chapter 17.16.

(Ord. 1308, Added, 10/15/1991)

17.02.200 Enforcement.

A.    Authority Designated. The community development director or his/her designee is charged with the enforcement of the provisions of this title.

B.    Violation – Penalties. Any person violating any of the provisions of this title or failing to comply with any of the provisions of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions of TMC 1.12.010.

(Ord. O2011-002, Amended, 03/01/2011; Ord. O96-004, Amended, 04/16/1996; Ord. 1308, Amended, 10/15/1991; Ord. 1001, Added, 06/05/1984)