Chapter 14.05
GENERAL PROVISIONS
Sections:
14.05.020 Purpose and interpretation.
14.05.080 Effect of partial invalidity.
14.05.090 Effect on existing rights.
14.05.110 Effect of heading and references.
14.05.120 Existing permits to remain in force.
14.05.130 False representation prohibited.
14.05.140 Uniformity of application.
14.05.150 Preliminary plats—Offers and agreements to sell lots.
14.05.170 Qualified exemptions.
14.05.180 Effect of filing completed application.
14.05.190 Time periods—Computation.
14.05.010 Short title.
Title 14, “Subdivisions,” of the city of Yakima Municipal Code shall constitute the “subdivision code” of the city of Yakima and may be cited as such. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.020 Purpose and interpretation.
This subdivision code is enacted pursuant to the laws of the state of Washington, particularly RCW Chapter 58.17, and also in exercise of the police powers of the city of Yakima. The purposes of this subdivision code include protection and preservation of the public health, safety and general welfare in accordance with standards established by RCW Chapter 58.17; to prevent overcrowding land; to lessen congestion in the streets and highways; to promote effective use of land; to promote safe and convenient travel by the public on streets and highways; to provide for adequate light and air; to facilitate adequate provision for water, sewerage, utilities, drainage, parks and recreation areas, sites for schools and school grounds and other public requirements; and to provide for proper ingress and egress. This subdivision code is also intended to provide for expeditious review and approval of proposed subdivisions which conform to city zoning standards, plans, development standards, and policies; to adequately provide for the housing and commercial needs of the citizens of the city; and to require uniform monumenting of land subdivisions and conveyancing by accurate legal description. All provisions of this subdivision code shall be liberally construed for the accomplishment of that purpose. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.030 Approval required.
It is unlawful for any person to divide land so as to constitute a subdivision or short subdivision, or to enter into any contract for the sale or lease of any lot in a preliminary subdivision within the city of Yakima, except as provided by RCW Chapter 58.17, and without first complying with the applicable provisions of this title. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.040 Administration.
A. The city of Yakima director of community and economic development, referred to in this title as the administrator, shall be responsible for administering and interpreting the provisions of YMC Title 14.
B. The administrator may prepare and require the use of such forms as are deemed necessary to administer YMC Title 14. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.050 Authority.
Pursuant to RCW Chapter 58.17, primary authority for subdivision and short subdivision of land in the city of Yakima is vested in the city council as the legislative body. Pursuant to RCW 58.17.060, the Yakima city council delegates responsibility for final determination of proposed short plats and boundary line adjustments to the planning manager, or designee. Pursuant to RCW Chapter 58.17 and YMC 1.43.080, the hearing examiner is authorized to make a recommendation to the city council on preliminary plats and modifications to preliminary plats, and to make final decisions on requests for preliminary plat extension under RCW 58.17.140, plat amendment and plat vacation. The city council shall make final decisions on all preliminary plats and modifications to approved preliminary plats. Pursuant to RCW 58.17.100, the Yakima city council delegates responsibility for final plat approval to the administrator, or designee. (Ord. 2017-030 § 6, 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.060 Scope.
Any division, redivision, platting or subdivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership shall comply with the provisions of YMC Title 14. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.070 Amendments.
A. The city of Yakima planning commission shall consider in public hearing any proposed amendments to, or the repeal of, any portion of this title and submit a recommendation thereon to the Yakima city council. Public notice of the city of Yakima planning commission hearing shall be provided in the following manner:
1. By publication of at least one notice not less than ten calendar days prior to the public hearing in the official city newspaper.
2. Additional notice shall be given to individuals and organizations which have submitted written requests for notice by mailing of a notice not less than ten calendar days prior to the public hearing.
B. The Yakima city council shall consider in public hearing any proposed amendments to, or repeal of, any portion of this title along with the recommendation of the city of Yakima planning commission thereon. Public notice of the hearing before the city council shall be given in the same manner as for the city of Yakima planning commission hearing. (Ord. 2011-08 § 1 (part), 2011: Ord. 2010-22 § 3, 2010: Ord. 98-65 § 2 (part), 1998).
14.05.080 Effect of partial invalidity.
If any provision of this title or its application to any person or circumstance is for any reason held to be invalid, the remainder of this title, or the application of the provisions to other persons or circumstances, is not affected. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.090 Effect on existing rights.
The ordinance enacting this title shall neither revive any former ordinances heretofore repealed, nor affect any right existing or accrued, nor any action or proceeding already taken. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.100 Savings.
The enactment of this title shall not terminate, or in any way modify, any liability, civil or criminal, which exists at the date this title becomes effective. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.110 Effect of heading and references.
Chapter headings, tables of contents, and section titles used in this title do not constitute any part of the law. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.120 Existing permits to remain in force.
Except as otherwise provided herein, all permits lawfully issued under the provisions of any ordinance repealed by the ordinance codified in this title shall remain in force and effect until the expiration thereof unless sooner surrendered or revoked, subject, however, to all other provisions of this title. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.130 False representation prohibited.
No person shall make a false statement or representation in any application, statement or report required herein. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.140 Uniformity of application.
The provisions of this title shall be applicable and uniform with regard to all divisions, subdivisions or resubdivisions of land into lots, tracts, parcels, sites or divisions of any nature for the purpose of sale or lease in the present or future within the corporate limits of the city of Yakima. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.150 Preliminary plats—Offers and agreements to sell lots.
An offer or agreement to sell, lease, or otherwise transfer a lot following preliminary plat approval which is not expressly conditioned on the recording of plat containing the lot violates this title. All payments on account of an 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 final plat is recorded. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.160 Exemptions.
The provisions of this title shall not apply to divisions and activities described in RCW 58.17.040; provided, that in order to determine whether a proposed boundary line adjustment meets the requirements for an exempt action, approval must be received from the administrator:
A. Cemeteries and other burial plots while used for that purpose.
B. Division of land into parcels in which the smallest parcel created by the division is forty acres in area or more, or that which is defined in the instrument of division as one-quarter of a quarter section of land; provided, that for the purpose of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such centerline.
C. Division made by testamentary provisions, or the laws of descent.
D. 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 property in accordance with the provisions of Title 15 of the Yakima Municipal Code and a binding site plan for the use of the property has been filed for record with the Yakima County auditor.
E. A division not for the purpose of sale or lease in the present or future. For purposes of this exemption, the following divisions shall be presumed, when considered by themselves in the absence of surrounding circumstances to the contrary, not to be for such purpose:
1. Administrative segregations in the Yakima County assessor’s office made solely for the purpose of levy, assessment, collection, payment or exemption of real property taxes pursuant to applicable state statutes.
2. Annexations accomplished pursuant to and in accordance with all pertinent statutory and local rules and regulations governing them.
3. Acquisitions of fractional parts of land being of insufficient area or dimension to meet minimum zoning requirements for width or area, by public bodies for the purpose of future use as public highways or public utility ways.
4. The sale or lease of a condominium unit subject to the provisions of Washington State Horizontal Property Regimes Act (RCW Chapter 64.32).
F. Boundary Line Adjustments. Applications for boundary line adjustments shall be submitted to the planning division on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council.
1. Requirements for a Complete Application. An applicant for a boundary line adjustment shall submit the following:
a. A scale drawing depicting the existing property configuration, including all lot line dimensions.
b. A scale drawing depicting the proposed property configuration, including all lot line dimensions, and any existing structures or on-site improvements.
c. A legal description of the existing property configuration and proposed property configuration, prepared by a licensed professional engineer or professional land surveyor.
2. Criteria for Approval. The administrator shall approve an application for a boundary line adjustment if:
a. No additional lot, tract, parcel, site or division will be created by the proposed adjustment;
b. No lot is created or modified which contains insufficient area or dimensions to meet the minimum requirements of the zone in which the affected lots are situated;
c. No lot is created or modified which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection, and no existing easement in favor of the public is rendered impractical to serve its purpose;
d. The boundary line adjustment is consistent with the applicable provisions of YMC Title 15; and
e. The boundary line adjustment does not create a lot or lots of split zoning unless:
i. The underlying future land use designation of the subject parcels is the same; or
ii. The area is proposed to be legislatively rezoned in the future to the same zoning district.
G. Division of land into lots or tracts classified for industrial or commercial use, or for placement of a mobile home or division for condominiums pursuant to YMC Chapter 14.35 when the city has approved a binding site plan. When the binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the Yakima County auditor’s office.
H. A division for the purpose of leasing land for facilities providing personal wireless services. “Personal wireless services” means any federally licensed personal wireless service. Applicable facilities include those which are unstaffed and used for the transmission, reception, or both of wireless communication services including, but not limited to: antenna arrays, transmission cables, equipment shelters, and support structures providing personal wireless services while used for that purpose.
I. A division of land into lots of three acres or less that is recorded in accordance with RCW Chapter 58.09 and is used or to be used for the purpose of establishing a site for construction or operation of consumer-owned or investor-owned unstaffed electric utility facilities. Such facilities include those that will be 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. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.170 Qualified exemptions.
A. The administrator may exempt the following actions from the requirements of this title as not constituting divisions of land for the purpose of sale or lease:
1. A division provided by law not for the purpose of sale or lease including, in the absence of the administrator finding circumstances to the contrary, the following:
a. Financial segregations which do not involve a division of land through transfer of fee simple title. This exemption is limited to mortgages or deeds of trust executed solely for the purpose of securing financial obligations that are executed and maintained in all respects in compliance with the governing laws.
b. A division by court order limited to the following and not including voluntary transfers of land in lieu of compliance with the applicable judicial procedures governing them: mortgage or deed of trust foreclosures, and property distributions between spouses pursuant to separation or dissolution proceedings.
2. A prior division of land as defined in YMC 14.10.020.
B. Applications for qualified exemptions shall be submitted to the planning division on forms provided by the administrator and shall be accompanied by a nonrefundable application fee according to the current fee schedule as adopted by city council. The administrator may require submittal of pertinent instruments, court orders, affidavits and the like sufficient to determine whether any specific action may be exempt.
C. Exemption may be allowed by the administrator for only those actions which do not contravene the spirit and intent of this title and applicable state statutes. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.180 Effect of filing completed application.
A. A proposed division or subdivision of land shall be considered under the subdivision code and zoning or other land use control ordinances in effect at the time a fully completed application for preliminary plat approval or short plat approval of the subdivision has been submitted to the administrator.
B. Limitations, requirements, or other conditions of approval imposed under this title shall not preclude imposition of other conditions under the State Environmental Policy Act (“SEPA”), RCW Chapter 43.21C, and the city’s SEPA regulations under YMC Chapter 6.88. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.190 Time periods—Computation.
Any period of time prescribed or allowed by this title shall not include the day of the act, event, or default that begins the period. The last day of the period shall be included, but if the last day is a Saturday, Sunday or legal holiday, the period shall run through the close of business on the next day which is neither a Saturday, a Sunday, nor a legal holiday. When the period of time prescribed or allowed is less than seven days, the computation shall not include Saturday, Sunday, or legal holidays. (Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).
14.05.200 Allowance of bond in lieu of actual construction of improvements prior to approval of short plat or final plat.
A. The subdivision or short subdivision applicant may, as an alternative to actual construction of any required improvements, provide a surety bond or other secure method providing for and securing to the city the actual construction of required improvements within a specified period of time and expressed in a bond or other appropriate instrument establishing such security. Any bond or other method of securing actual construction of required improvements shall specify the improvements covered and the schedule for completion.
B. In cases of subdivision, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final plat by the administrator. In cases of short subdivisions, the bond or other method of securing actual construction of required improvements shall be subject to approval by the city engineer and city attorney prior to approval of the final short plat by the administrator. In no case shall the amount of the bond or other method of securing actual construction of required improvements be less than one hundred ten percent of the estimated actual cost of the improvements based upon the approved civil engineering design of the required improvements. (Ord. 2017-030 § 7, 2017: Ord. 2011-08 § 1 (part), 2011: Ord. 98-65 § 2 (part), 1998).