Chapter 16.10


16.10.010    Scope and construction of terms.

16.10.020    Administrator.

16.10.030    Alley.

16.10.040    Binding site plan.

16.10.050    Block.

16.10.060    City.

16.10.070    City council.

16.10.080    Comprehensive plan.

16.10.090    Dedication.

16.10.100    Design services team (DST).

16.10.110    Development agreement.

16.10.120    Development regulations.

16.10.130    Divide.

16.10.140    Double frontage lot.

16.10.150    Easement.

16.10.160    Final plat.

16.10.170    Land.

16.10.180    Lot.

16.10.190    Lot line adjustment.

16.10.200    Mylar.

16.10.210    Person.

16.10.220    Planning commission.

16.10.230    Preliminary plat.

16.10.240    Right-of-way.

16.10.250    SEPA.

16.10.260    Short plat.

16.10.270    Short subdivision.

16.10.280    Subdivider.

16.10.290    Subdivision.

16.10.300    Survey monument.

16.10.310    Utilities.

16.10.010 Scope and construction of terms.

A. Words, phrases and terms used in this title shall have the meaning given to them in this chapter except where other wise defined, and unless a different meaning clearly appears from the context.

B. Reference in this subdivision code to any council, commission, committee, body, group, agency, department, office, official or municipal employee shall mean such entity of the city of Wapato except where otherwise stated or required by context.

C. When consistent with the context, words and phrases used herein shall include the past, present and future tenses; the masculine, feminine and neuter genders; and the singular and plural.

D. The word “may” as used herein is permissive as indicating a use of discretion in making a decision; the word “shall” as used herein is mandatory. (Ord. 1055 §3(part), 1998)

16.10.020 Administrator.

“Administrator” means the planning department. (Ord. 1055 §3(part), 1998)

16.10.030 Alley.

“Alley” means a public right-of-way used primarily as a secondary means of access to residences and business establishments. (Ord. 1055 §3(part), 1998)

16.10.040 Binding site plan.

"Binding site plan" means a drawing at a scale of one inch equals one hundred feet or an appropriate scale approved by the administrator to be used as an alternative to the subdivision of commercial or industrial lots for the purpose of sale or lease, which:

A. Identifies and shows the areas and locations of all streets, utilities, open spaces, and improvements required by the city;

B. Contains or references a development agreement setting forth the limitations and conditions for the use of the land as established by the city;

C. Contains provisions acceptable to the city which will insure that development and land use of the site will be in conformity with the site plan;

D. Has been signed by the administrator certifying that the site plan conforms with the provisions of Title 17, Wapato Municipal Code, Zoning. (Ord. 1055 §3(part), 1998)

16.10.050 Block.

“Block” means a group of lots, tracts, or parcels within well defined and fixed boundaries. (Ord. 1055 §3(part), 1998)

16.10.060 City.

“City” means the city of Wapato, Yakima County, Washington. (Ord. 1055 §3(part), 1998)

16.10.070 City council.

“City council” means the city council of the city of Wapato. (Ord. 1055 §3(part), 1998)

16.10.080 Comprehensive plan.

“Comprehensive plan” means the general comprehensive plan of the city adopted in 1997, together with amendments and supplements thereto which have been or hereafter may be adopted by the city council. (Ord. 1055 §3(part), 1998)

16.10.090 Dedication.

“Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself 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 a short plat by the administrator or by approval of a final plat by the city council. (Ord. 1055 §3(part), 1998)

16.10.100 Design services team (DST).

The “design services team” (“DST”) shall include the public works director, code enforcement/building officer, and administrator. (Ord. 1055 §3(part), 1998)

16.10.110 Development agreement.

“Development agreement” means a recorded declaration and/or agreement between property owner(s) and the city that specifically defines and limits land uses within specified short subdivisions, subdivisions, and binding site plans. It may be recorded either separately or as noted upon the face of the plat or site plan. Development agreements become a covenant binding upon the present and future owner(s) of the property and can only be modified or extinguished by the mutual consent of the property owner(s) and the city. (Ord. 1055 §3 (part), 1998)

16.10.120 Development regulations.

“Development regulations” means zoning, comprehensive plan, SEPA, subdivision, clearing, grading, stormwater or other governmental regulations of the use and development of land. (Ord. 1055 §3 (part), 1998)

16.10.130 Divide.

“Divide” means any transaction or action, not otherwise exempt or provided for under the provisions of Chapter 16.13 of this title, which alters or affects the shape, size, or legal description of any part of an owner’s “land” as defined by Chapter 16.10 of this title. Sale of a condominium unit and rental or lease of a building, facility or structure which does not alter or affect the legal description of an owner’s “land” shall not constitute a division. (Ord. 1055 §3(part), 1998)

16.10.140 Double frontage lot.

“Double frontage lot” means a lot having frontage on two parallel or approximately parallel streets other than alleys. (Ord. 1055 §3(part), 1998)

16.10.150 Easement.

“Easement” means a grant by a property owner to, specific persons or to the public to use land for a specific purpose or purposes. (Ord. 1055 §3 (part), 1998)

16.10.160 Final plat.

“Final plat” means the final drawing of the subdivision and, if any, its dedication prepared for filing and recording with the Yakima County auditor which conforms to the requirements of this title and has received approval by the city council. (Ord. 1055 §3 (part), 1998)

16.10.170 Land.

“Land” means all platted or unplatted parcels and lots within the city limits of Wapato, Washington. (Ord. 1055 §3(part), 1998)

16.10.180 Lot.

"Lot" will have the same meaning as "parcel" and means any lands having fixed boundaries being of sufficient area to meet minimum zoning requirements.

Lot includes tracts or parcels of land which were created prior to the adoption of this Title 16 that may not meet minimum zoning requirements. (Ord. 1055 §3(part), 1998)

16.10.190 Lot line adjustment.

“Lot line adjustment” means 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, parcel, tract, site, or division of land 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. 1055 §3(part), 1998)

16.10.200 Mylar.

“Mylar” means a reproducible document of mylar, or equal quality medium approved by the administrator, shall be prepared by a Washington state licensed land surveyor based upon a record of survey recorded at the county auditor’s office after the adoption of state subdivision regulations in August, 1964. The mylar shall:

A. Be eighteen inches by twenty-four inches in size;

B. Be prepared by or under the supervision of a registered land surveyor of the state of Washington as a result of a land survey;

C. Be referenced from two monumented section or quarter section corners or to two other suitable permanent control monuments;

D. All lot corners determined as a result of a land survey shall be established by the placement of permanent survey monuments;

E. Be at a scale of one inch equals one hundred feet or another scale pre-approved by the administrator;

F. Contain a north arrow, title, and scale. (Ord. 1055 §3(part), 1998)

16.10.210 Person.

“Person” means an individual, firm, partnership, corporation, company, association, syndicate or any other legal entity, including a trustee, receiver, assignee, or representative thereof. (Ord. 1055 §3(part), 1998)

16.10.220 Planning commission.

“Planning commission” means the planning commission of the city. (Ord. 1055 §3(part), 1998)

16.10.230 Preliminary plat.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent with the requirements of this title. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 1055 §3(part), 1998)

16.10.240 Right-of-way.

“Right-of-way” means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes. (Ord. 1055 §3(part), 1998)

16.10.250 SEPA.

“SEPA” means WAC 197-11, the State Environmental Policy Act, and Title 18, Environmental Policy (of this municipal code) enacted by the city, requiring review of potential environmental impacts, alternatives and mitigation for certain public and private projects. (Ord. 1055 §3(part), 1998)

16.10.260 Short plat.

“Short plat” means the map or representation of a short subdivision which conforms to the requirements of this title. (Ord. 1055 §3(part), 1998)

16.10.270 Short subdivision.

“Short subdivision” means the division of land into four or less lots. (Ord. 1055 §3(part), 1998)

16.10.280 Subdivider.

“Subdivider” means any person, as defined by Section 16.10.210 of this title, who under takes to create a subdivision or short subdivision. (Ord. 1055 §3(part), 1998)

16.10.290 Subdivision.

“Subdivision” means the division of land into five or more lots. (Ord. 1055 §3(part), 1998)

16.10.300 Survey monument.

“Survey monument” means a physical object marking a survey corner which is constructed and installed by a registered land surveyor of the state of Washington. (Ord. 1055 §3(part), 1998)

16.10.310 Utilities.

Unless otherwise stated, “utilities” may include sewer, water, electricity, natural gas, telephone, cable, or communication services. (Ord. 1055 §3(part), 1998)