Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.010    Title.

16.04.020    Relationship to comprehensive plan and Growth Management Act.

16.04.030    Purpose.

16.04.040    Definitions.

16.04.050    Regulation of land development.

16.04.060    Processing applications.

16.04.070    Fees.

16.04.080    Enforcing authority.

16.04.090    Violation – Penalty.

16.04.010 Title.

This title shall be known as the subdivision code for the town. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.020 Relationship to comprehensive plan and Growth Management Act.

This title is hereby enacted to be consistent with and implement the comprehensive plan in accordance with Chapter 36.70A RCW. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.030 Purpose.

The purpose of this title is to implement the policy of state law pertaining to the subdivision and dedication of lands, including but not limited to Chapters 36.70A, 43.21 and 58.17 RCW and Chapter 197-11 WAC. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.040 Definitions.

For the purposes of this title, the definitions in this section shall mean as follows:

A. “Alteration” means the modification of a previously recorded plat or subdivision, or any portion thereof, which results in the revision of interior lot lines, the addition of new lots or more land, deletion of existing lots or the removal of plat or lot restrictions or dedications.

B. “Applicant” means any person, firm or corporation proposing to make, or having made, an application for subdivision, short subdivision, or boundary line adjustment.

C. “Boundary line adjustment” means a revision of lot boundary lines, which does not create an additional lot or reduce the area of any lot to less than the minimum zone area requirements to create any violation of building setback requirements of the zoning code.

D. “Dedication” means the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no rights other 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 or short plat for filing by the town.

E. “Easement” means a grant by the property owner of the use of land by a public corporation or persons for specific purposes.

F. “Engineer” means an individual licensed as a professional engineer currently registered in the state.

G. “Final plat” means the final drawing of the subdivision and dedication(s) prepared for filing for record with King County department of records and elections and containing all elements and requirements set forth in Chapter 57.18 RCW, et seq., and in town regulations adopted herein.

H. “Land surveyor” means an individual licensed as a land surveyor in the state of Washington pursuant to Chapter 18.43 RCW, Engineers and Land Surveyors.

I. “Official maps” means those official maps or map, or portions thereof, adopted by the town council.

J. “Planning commission” means that commission established by the town council as provided by Chapter 35.63 RCW.

K. “Plat” means 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.

L. “Preliminary plat” or “preliminary short plat” means a neat and approximate drawing to scale of a proposed subdivision or short subdivision which shall furnish a basis for the approval or disapproval of the general layout.

M. “Short plat” means the map or representation of a short subdivision.

N. “Short subdivision” means the division of land into four or less lots, tracts, parcels, sites or divisions for the purpose of sale or lease.

O. “Subdivision” means the division of land into five or more lots, tracts, parcels, sites or divisions for the purpose of sale or lease. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.050 Regulation of land development.

No person, firm or corporation may alter or revise the boundary lines of any property or partition or divide for separate ownership or offer to sell or enter into a contract for the sale of any land until the town council has given final approval of the revised boundary lines or property division. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.060 Processing applications.

Upon receipt of an application for preliminary plat, short subdivision, or boundary line adjustment, town staff will review and notice the application in accordance with regulatory reform. Once the application is determined to be complete, the project proposal will be scheduled for a public meeting before the planning commission and a public hearing before the town council. At a public meeting, the planning commission will review the proposal and forward a recommendation of approval, conditional approval, or denial of the project to the town council. Upon receipt of a recommendation from the planning commission, the town council will hold an open record public hearing to hear public testimony and take one of the following actions: approve the application, conditionally approve the application, continue the hearing, or deny the application. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.070 Fees.

A. A nonrefundable fee will be charged for making an application for approval of a subdivision, short subdivision or boundary line adjustment or for making an application for a revision of any of the above. All application fees will be as set by resolution of the town council. In addition, the applicant shall deposit with the town an amount equal to all engineering, consulting, or other costs incurred or estimated to be incurred by the town in conjunction with the application. The cost estimate shall be made by the town staff. The difference between the estimated and the actual costs shall be reconciled after all actual expenses are determined.

B. The applicant shall be responsible for payment of all recording fees charged by King County department of records and elections. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.080 Enforcing authority.

The town planning commission is designated and assigned the administrative and coordinating responsibilities contained in this title for the recommendation for approval or disapproval of subdivisions, short subdivisions, dedications and boundary line adjustments to the town council for approval or disapproval. (Ord. 603 § 1, 2009; Ord. 497 § 1, 2000)

16.04.090 Violation – Penalty.

Any violation of the provisions of this title constitutes a code violation under Chapter 1.08 YPMC and is subject to enforcement action, corrective action, fines and penalties described therein. (Ord. 696 § 3 (Exh. B§9), 2019)