Chapter 16.04 GENERAL PROVISIONS

Chapter 16.04
GENERAL PROVISIONS

Sections:

16.04.020 Exemptions from platting regulations.

16.04.040 Compliance with state law and land use code.

16.04.050 Effect of noncompliance.

16.04.010 Purpose.

The purpose of this title is to implement the authority granted to the city by chapter 58.17 RCW and to conform to its provisions which govern the platting and subdivision of land, consistent with the city of Burlington comprehensive plan adopted pursuant to chapter 36.70A RCW, the Growth Management Act. (Ord. 1378 § 1, 1998; Ord. 1220 § 2, 1992).

16.04.020 Exemptions from platting regulations.

A. The provisions of this title shall not apply to:

1. Cemeteries and other burial plots while used for that purpose;

2. Divisions of land outside the boundaries of an approved preliminary plat, into lots or tracts each of which is 1/128 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, provided:

a. The division meets the density or lot size zoning requirements for the area involved; provided, that for the purpose of computing the size of any lot which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

b. A survey of the division conducted by a licensed land surveyor is filed with the city. The survey shall be recorded and shall include the following note:

Future development, including but not limited to, clearing and grading, new structures and installation of infrastructure are subject to City of Burlington Development Regulations.

c. Each lot or tract adjoins or has legal access to a public road right-of-way or private road easement;

d. The property owner shall submit a critical area affidavit disclosing the presence or absence of critical areas to ensure that each lot or tract other than a nonbuilding tract contains at least two contiguous acres (referred to as a buildable area) located outside of any regulated critical area and associated setback or buffer and that access to the buildable area is located outside of said setbacks or buffers;

3. A proposed division of land made by testamentary provisions or the laws of descent shall be submitted to the city for review and approval. No building permit shall be issued on a lot created through this process unless the lot meets the requirements of subsection (lot size). Testamentary divisions shall also be subject to the following:

a. Applications for testamentary divisions shall contain a legal description of all proposed lots;

b. Each lot must adjoin or have legal access to a public road right-of-way or private road easement;

c. A note shall be recorded on the title of each lot that puts future purchasers on notice of whether or not the lot was created pursuant to applicable lot size requirements for construction of a single-family dwelling;

4. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a binding site plan for the use of the land in accordance with city regulations;

5. A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are to be placed upon the land when a binding site plan has been approved for the use of the land;

6. 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 which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;

7. Divisions of land into lots or tracts if (a) 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 owners’ associations have a membership or other legal or beneficial interest; (b) the city has approved a binding site plan for such land; and (c) 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 or their owners’ associations have a membership or other legal or beneficial interest.

8. Divisions of land for use solely for the installation of electric power, natural gas, telephone, water supply, sewer service or city utility facilities of a similar or related nature; provided, however, that any remaining lot must conform with (minimum lot size sections);

9. Division of land by roads or rights-of-way accepted by the city. The city will recognize that a parcel has been divided into separate, legal lots by a state or federal road or highway that divides a parcel of real property after the effective date of the ordinance codified in this section;

10. Divisions of land for the sole purpose of enabling the city or a municipal corporation to acquire land, either by outright purchase or exchange, for port purposes, boat moorage or launching sites, or for park, open space, critical area, conservation, viewpoint, recreational, educational or other public purposes; provided, however, that any remaining lot that is nonconforming with regard to density or size shall be at least of adequate size to accommodate required zoning setbacks.

B. Exemptions provided by this section shall not be construed as exemptions from compliance with other applicable development standards required by the Burlington Municipal Code.

C. Exclusions. The following actions shall not be considered a land division action and are excluded from the provisions of this title:

1. Assessor’s office segregations and combinations for tax purposes only;

2. Utility easements;

3. Boundary line adjustments made pursuant to Chapter 16.16 BMC. (Ord. 1628 § 1, 2007; Ord. 1220 § 2, 1992).

16.04.030 Definitions.

As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

A. “Subdivision” is the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (F) of this section.

B. “Plat” is 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.

C. “Dedication” is 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 such plat for filing by the appropriate governmental unit.

D. “Preliminary plat” is 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 chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

E. “Final plat” is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.

F. “Short subdivision” is the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

G. “Binding site plan” means a drawing to a scale specified by local ordinance which: (a) identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the city in approving the site plan; and (c) contains provisions making any development be in conformity with the site plan.

H. “Short plat” is the map or representation of a short subdivision.

I. “Lot” is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

J. “Block” is a group of lots, tracts, or parcels within well defined and fixed boundaries.

K. “Code” is the Burlington Municipal Code.

L. “City engineer” is the Burlington director of public works.

M. “Director” is the Burlington planning director. (Ord. 1503 § 1, 2002; Ord. 1220 § 2, 1992).

16.04.040 Compliance with state law and land use code.

Every division of land shall comply with the provisions of state law and the provisions of this title. They shall conform to the comprehensive plan and all zoning regulations, in effect at the time any preliminary plat is approved. Lots shall be of a size and dimension and have access adequate to satisfy the requirements of this title. (Ord. 1220 § 2, 1992).

16.04.050 Effect of noncompliance.

No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of state law or this subtitle, unless the director finds that the public interest will not be adversely affected by the decision. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. (Ord. 1220 § 2, 1992).