16.04.010 - Title reference.

This title shall be known as the "subdivision ordinance."

(Ord. 496 § 1.0, 1999: Ord. 462 § 1.0, 1998)

16.04.020 - Authority.

This title is adopted pursuant to the Revised Code of the State of Washington (RCW) Chapter 58.17 of "Subdivisions" and "Short Subdivisions" and includes regulations for "Binding Site Plans."

(Ord. 496 § 1.1, 1999: Ord. 462 § 1.1, 1998)

16.04.030 - Compliance required.

No division of land shall be made within the incorporated limits of the town of Naches, Washington, except in full compliance with the provisions of this title and RCW 58.17 as it now exists or is hereafter amended.

(Ord. 496 § 1.2, 1999: Ord. 462 § 1.2, 1998)

16.04.040 - Purpose.

The controls as set forth in this title are enacted in the exercise of the police power of the town of Naches and are deemed necessary in order to:

A.

Accomplish the orderly development of land within the town through regulations and standards governing subdivisions, short subdivisions, boundary line adjustments, and binding site plans which includes condominium developments;

B.

Promote the public health, safety and general welfare;

C.

Promote the safe and convenient travel by the public on the roads, streets, alleys and highways;

D.

Facilitate adequate provision for potable water supplies, sanitary wastes (sewerage), drainage ways, roads, streets, alleys and other public ways, transit stops, open spaces, parks and recreation areas, playgrounds, schools and school grounds, and other features that assure safe walking conditions for students who walk to and from school;

E.

Coordinate development with public facilities and services and provide standards for construction of new services;

F.

Provide for adequate and safe ingress and egress to and from property;

G.

Promote the conservation of energy and resources through energy efficient land use and design;

H.

Insure that the general taxpaying public is not burdened with those developments that are more appropriately the responsibility of the original developer and safeguard the interests of the public, the developer and future property owners;

I.

Prevent overcrowding of land by providing adequate open spaces and balanced, attractive communities;

J.

Improve land records and boundary monumentation by requiring uniform monumenting of land subdivisions and conveyances by accurate legal description;

K.

Further the goals and objectives of the town Comprehensive Plan and all its elements; and

L.

Define requirements for short plats, subdivisions, and the layout and design requirements for each; provide for appeals, filing fees, variances, and processing plats, and establishing penalties for violations of this title.

(Ord. 496 § 1.3, 1999: Ord. 462 § 1.3, 1998)

16.04.050 - Scope.

The provisions of this title shall be minimum requirements. Whenever any of these provisions are at variance with any of the requirements of any other lawfully adopted rules, regulations and ordinances, the most restrictive, or that imposing the higher standards shall apply.

(Ord. 496 § 1.4, 1999: Ord. 462 § 1.4, 1998)

16.04.060 - Exemptions.

The provisions of this title shall not apply to:

A.

Cemeteries and other burial plots when used for that purpose;

B.

Division of land into lots or tracts not containing a dedication, in which the smallest lot created by the division is forty (40) 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 center line of the road or street and the side lot lines of the lot running perpendicular to such centerline;

C.

Any division made by testamentary provisions, or the laws of descent;

D.

A division made for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land in accordance with Title 17 and when a binding site plan for the use of the land has been approved;

E.

A division not for the purpose of sale or lease in the present or future. For the 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 and land vacations accomplished pursuant to and in accordance with all pertinent state and local rules and regulations governing the same;

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; and

4.

The sale or lease of a condominium apartment subject to the provisions of the Washington State Horizontal Regimes Act (RCW 64.32).

(Ord. 496 § 1.5, 1999: Ord. 462 § 1.5, 1998)

16.04.070 - Administration— Interpretation.

The administrative official shall have the responsibility of administering and interpreting all terms and provisions of this title. Formal interpretations shall be requested in writing on forms provided by the town clerk. Issuance of a formal interpretation shall be considered an administrative decision, with appeals to be made to the planning commission. If the appellant is still aggrieved then the planning commission's decision may be appealed to the town council.

(Ord. 496 § 1.6, 1999: Ord. 462 § 1.6, 1998)

16.04.080 - Amendments.

The town council shall be the sole authority to adopt, amend or repeal any or all parts of the regulations contained within this title.

(Ord. 496 § 15.0, 1999: Ord. 462 § 15.0, 1998)

16.04.090 - Construction of terms.

The following rules of construction shall apply unless inconsistent with the obvious meaning in the context of the provision.

A.

Tense. Words used in the present tense shall include the future tense.

B.

Number. Words used in the singular shall include the plural, and words used in the plural shall include the singular.

C.

Shall, may, should. The word "shall" is mandatory. The words "may" and "should" are permissive.

D.

Gender. Terms in masculine, feminine and neuter gender shall be interchangeable. Use of genders shall not affect the intent of any provision.

E.

Headings. In the event that there is any conflict or inconsistency between the heading of a chapter, section, paragraph of this title, and the content thereof, the heading shall not affect the scope, meaning or intent of the content.

F.

The definition of any word or phrase not listed in this chapter shall be as defined from one of the following sources which are incorporated herein by reference. Such sources shall be utilized by finding the desired definition from Source (1) but if it is not available there, then Source (2) may be used in descending order. The sources are as follows:

1.

Any town of Naches resolution, ordinance, code or regulation; or

2.

Any chapter of Title 58 - Boundaries and Plats of the Revised Code of Washington (where applicable); or

3.

The dictionary definition.

(Ord. 496 § 2.0, 1999: Ord. 462 § 2.0, 1998)

16.04.100 - Definitions.

As used in this title, the following words and phrases shall mean:

"Access" means the right to cross between public and private property allowing pedestrians and vehicles to enter and leave the property.

"Administrative official" means the town mayor or his or her designee.

"Alley" means a public right-of-way primarily designed to serve as a secondary means of access to the side or rear of those properties whose principal frontage is on some other street.

"Arterial" means a highway connecting centers and facilities within the town and providing some access to abutting properties. Mobility and circulation needs are stressed over providing specific access to properties.

Arterial, Principal. "Principal arterial" means a highway connecting major community centers and facilities, often constructed with partial limitations on access through intersections and common driveways. Principal arterials generally carry the highest volume of traffic and provide the best mobility in the roadway network.

"As-built drawings or plans" means revised construction plans in accordance with all approved field changes reflecting the improvements on the site as they actually exist.

"Binding site plan" as defined in RCW 58.17.020 means a drawing to a scale specified by local ordinance which: (1) identifies and shows the areas and location of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (2) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the Naches Town Council; (3) contains provisions making any development be in conformity with the site plan. For the purposes of this title, a binding site plan also means a survey together with a developer agreement which, when approved and recorded as required by this title, provides a method of land division for the purpose of sale or lease of property including condominiums.

"Block" means a group of lots, tracts, or parcels within well-defined and fixed boundaries.

"Boundary line adjustment" means modification of the size or alignment of adjacent parcels through relocation of their common boundary where an additional lot is not created, and where the existing parcel which is being reduced in size is not reduced below the minimum lot size established by the zone which applies to the property.

"Comprehensive plan" means the town of Naches comprehensive plan update adopted on September 25, 1995, together with all future amendments and supplements hereafter adopted by the Naches town council.

"Condominium" means a building or group of buildings in which dwelling units are owned individually, and common areas and facilities are owned in common as provided by state statute.

"Contiguous land" means two or more parcels or units of land under a single ownership which are not separated by an intervening parcel of land under separate ownership, including limited access right-of-way which would deny access between two parcels under single ownership.

"Covenant" means a clause in a contract; a promise; an agreement contained in a deed for the performance or nonperformance of certain acts or the use or nonuse of property.

"Cul-de-sac" means a street closed at one end by a circular area of sufficient size for convenient reversal of traffic movement.

"Dedication" means the deliberate appropriation of land by an owner for any general and public use, reserving to himself or herself 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 short plat or final plat showing the dedication thereon; and the acceptance of such plat for filing by the town council. Dedication means the appropriation of land by its owner for public use which has been accepted for such use by authorized officials on behalf of the public.

"Division of land" means a transaction or action, not otherwise exempt or provided for under the provisions of this title, which alters or affects the size, shape or legal description of any part of a parcel as defined in this chapter.

Double Frontage Lot. See definition of "Lot, Through."

"Easement" means a grant of one or more of the property rights by the property owner for use by the public, a corporation, or another person, government agency, public utility company or other entity.

Easement, Access. "Access-easement" means any private easement for the purpose of ingress and egress (pedestrian or vehicular access) that is not dedicated to the public and is owned by the underlying owner of land over which it crosses. Access easements shall be limited to providing access to a street from no more than three existing or potential lots.

"Final plat" means a precise final drawing of a subdivision and dedications which conforms to the approved preliminary plat, meets all conditions of the preliminary approval and meets the requirements of the Yakima County auditor for recording.

"Improvements" means street grading or graveling, permanent street and corner monuments, street pavement, curbs and sidewalks, pedestrian ways, water mains, storm and sanitary sewers, and other required or necessary facilities.

"Lot" means 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 also include tracts or parcels.

"Lot area" means the total horizontal area within the boundary lines of a lot, excluding any street right-of-way or access easement.

Lot, Corner. "Corner lot" means a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding one hundred thirty-five (135) degrees.

"Lot coverage" means that portion of the lot that is covered by structures, and all other impervious surfaces on that parcel.

"Lot depth" means the mean horizontal distance between the front and rear lot lines.

Lot, Exterior. "Exterior lot" means any lot located outside the boundaries of a proposed plat or short plat.

Lot, Flag. "Flag lot" means lots or parcels that the town has approved with less frontage on a public street than is required by ordinance. The panhandle is an access corridor to lots or parcels located behind lots or parcels with normally required street frontage. Flag lots are only allowed as a means of encouraging infill development, preserving natural areas, or to allow the development of land-locked areas.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

"Lot line" means any line enclosing the lot area and dividing one lot from another lot or from a street or alley.

Lot Line, Front. "Front lot line" means on an interior lot, the lot line abutting a street; or on a corner lot, the shorter lot line abutting a street; or on a through lot, the lot line abutting the street providing the primary access to the lot; or on a flag lot, the interior lot line most parallel to and nearest the street from which the access is obtained.

Lot Line, Rear. "Rear lot line" means a lot line opposite and most distant from the front lot line, and, in the case of a triangular or odd-shaped lot, a line at least ten (10) feet in length within the lot, parallel to and at a maximum distance from the front lot line.

Lot Line, Side. "Side lot line" means any lot boundary line which is not a front or rear lot line.

"Lot of record" means an area or parcel of land as shown on an officially recorded plat or subdivision; or an area or parcel of land to which a deed or contract is officially recorded as a unit of property; or which is described by metes and bounds as a fraction of a section.

Lot, Through. "Lot, through" means a lot having frontage on two parallel or approximately parallel streets. Also known as double frontage lot.

"Lot width" is the distance between the side lot lines measured at right angles to the line establishing the lot depth at a point midway between the front lot line and the rear lot line. Any area used as an access easement shall be excluded from the computation of the lot width.

"Manufactured home" means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction Safety Standards Act, which is a national preemptive building code. They are also built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities.

"Mobile home" is a factory built dwelling built prior to June 15, 1976, to standards other than the HUD code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since introduction of the HUD Manufactured Homes Construction and Safety Standards Act.

"Modular home" is a prefabricated building that is not a "mobile home" under state law. It must be certified as meeting state building code standards (receiving a "gold seal"). Any factory-built housing bearing the proper state insignia is deemed to comply with any local construction standards.

"Monument" means an object used to permanently mark a surveyed location. The size, shape and design of the monument is to be in accordance with standards specified in RCW 58.09.

"Open space" means that portion of a site which is left in its natural state or specifically designated to be used for recreation, resource protection, agriculture, greenbelt or amenity. Open space does not include land occupied by structures, roads, road rights-of-way or parking areas. Open space does not include the yards or lots of residential units. Open space recreational uses may contain impervious surfaces.

"Pavement width" means the actual paved surface as measured between faces of curbs of streets or between the edges of other public highway, street, alley or roadway surfaces.

"Person" means an individual, firm, partnership, corporation, company, association, syndicate, or any other legal entity, including a trustee, receiver, assignee or representative thereof.

"Plat" means a map or representation of a subdivision or short subdivision showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys or other divisions and dedications.

"Preliminary plat" means a neat and approximate drawing of a proposed subdivision or short subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision which shall be the basis for the approval or disapproval of the general layout of a subdivision.

"Prior division of land" means a division of land having defined boundaries and not shown on an officially recorded short plat or final plat and is limited to the following: (1) a division of land defined in a legally executed deed prior to the effective date of the ordinance codified in this title; (2) a division of land created by sale, lease, or option contract legally executed prior to the effective date of RCW 58.17 which presently remains a binding and enforceable commitment as between parties thereto, their successors and assigns; (3) the remaining division of land created as a result of actions defined above; or (4) a taxation parcel which was created prior to the effective date of RCW 58.17 for the purpose of creating a division of land which was exempt from platting requirements. Taxation parcels which were administratively created by the Yakima County assessor's office solely for tax purposes include: senior citizen segregations; special district segregations; deed of trust or mortgage segregations; and segregations for tax exemption purposes.

"Private road or lane" means any privately owned and maintained access to property from a public right-of-way.

"Right-of-way" means a strip of land occupied or intended to be occupied by a street, alley, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. The usage of the term "right-of-way" for land platting purposes means that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, alleys, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established.

"Short plat" means the map of representation of a short subdivision which conforms to the requirements of this title.

"Solar access" means an unobstructed exposure to available solar radiation during daytime hours for the purpose of allowing solar radiation to be used to meet a portion of a building's energy requirements.

"Street" means a public or private thoroughfare providing a principal means of access to abutting property.

Street, Arterial. "Arterial street" means a street primarily for fast through and heavy traffic, minimizing intersecting streets and direct access to abutting properties and primarily for the purpose of accommodating general traffic circulation of the community. See "Arterial, Minor" and "Arterial, Principal" for more specific classifications.

Street, Collector. "Collector street" means a highway connecting two or more neighborhoods as well as carrying traffic within neighborhoods. Collectors also channel traffic onto minor and principal arterials. They carry moderate traffic volumes, have relatively shorter trips than arterials, and carry very little through traffic.

Street, Half. "Half street" means a portion of the width of a street, usually along the edge or boundary of a development, where the remaining portion of the street is to be provided by the development of adjacent property.

Street, Local Access. "Local access street" means all roadways and streets not otherwise classified. Local access streets provide direct access to abutting properties, sometimes at the expense of traffic movement. Traffic generally moves slowly on these streets and delays are caused by turning vehicles. A residential street would be considered to be a local access street.

Street, Side. "Side street" means a street which bounds a corner lot and which extends in the same general direction of the line determining the depth of the lot.

"Subdivider" means any person, firm or corporation who subdivides or develops any land deemed to be either a subdivision or short subdivision as herein defined.

"Subdivision" means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purposes of sale, lease or transfer of ownership.

"Subdivision administration committee" means the mayor and his or her appointees.

Subdivision, Short. "Short subdivision" means the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease or transfer of ownership.

"Title certificate" means a title report issued by a title insurance company certifying the ownership, deed restrictions, covenants, etc., of the land being subdivided.

"Town" means the town of Naches, Yakima County, Washington.

"Town engineer" means the public works foreman employed by the town and/or an engineering firm hired by the town.

"Turnaround" means the circular area of a cul-de-sac having sufficient size for convenient reversal of traffic movement.

(Ord. 496 § 2.1, 1999: Ord. 462 § 2.1, 1998)