The URL can be used to link to this page

Home My WebLink About1695 OrdinanceQRDJ_NANC� NO. AN 0R01NANCE RELATING TO SHORT PLATS AND SHORT SUB'DIVISTONS WHEREAS, Protection, of the public health, safety and general welfare require that the d.ivisi-on of land into four (4) or -less lots proceed in accordance with ,standards to. pre . vent the overcrowdi . ng of land; to lessen conqestibn, of- streets and hi'g'hways:; to iprbvi'de adequate space, light and a1r; to provide:� adequate facilities for water, sewerage, parks:.and recreation areas, sites for 'schools and school, grounds, and other public and general uses, to provi,de for,pro.per ingress and egress; and to require conveyancing by accurate lega.l.descrtption-1 and ft%qPci01a:.bas 'go- Oiina�nc-ee-,jre�uil-a�t.-,i',,h hk�,,h6.dtwi�sdoni of a 44MMA-, hfs 1Adl' n into five or more il,ots i'n the incorporated area of the City of Pasco, and has been vested with authority, 'by Chapter 271, , Laws of 11969,,, Ftrst Ex. Sess., to regulate what are: referred : to fn the said, statute; as, short, subdivisions and short plats; and WHEREAS, This'_Council deems the controls, standards and procedures set forth in this Ordinance to be essential to the protectiori of the public health., safety and general welfare of the citizens of the City of Pasco; and the adoption thereof to be in the public interest; NOW.,, THEREFORE, BE IT ORDAINED -BY THE' CITY COUNCIL OF THE CITY OF Pp -.SCO, wASH- INGTON.: Section 1, Applj cabi 1 i ty. Every div,ts-ionr of land for the purpose of Sale into four or less parcel,s or tracts within the.i.ncorporated area of the City of Pasco shall proceed in compliance with this Ordinance. .Section 2.. Exceptions..- The provis=ions of this Ordinance shall not apply to: 1) Cemeteries 'and other burial pjqts wh1le used for that 0 2) In di-v1sJo,n of land not cont-ainfrtg a, dedi,cation, im which the smallest lot created by the d$vi,sion exceeds fi,ve (6)' acres: in area!,; 3) Divisions made by testamentary provisions of the Laws of desc-ent; 4) Any division involving a sale solely to the county, a city or town, or other municipal corporation or governmental subdivision of the -State of Wa,shington; 5) Any division of hand for the purpose of adjusting the boundary line of the transfer of land betWeen two (2), adjacent property owners which does not result in the, creation of any additional bualdn_g sites, Section 3. Definit:tons,. Whenever the ,following words and 'phrases appear in thi's Ordinance: they shall be ;given the meaning at-tributed to them by this s.ection., When not inconsistent with the context, words used inthe present.tense shall include the future; the singular shall include the plural, and the plural the s'fngular; the word "shall" is always mandatory, and the word "may" indicates' a use of ditscretion in making a.decision. 1) "Short Subdivision" is the division of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale. 2) "Short Plat"` is a document consisting of a map of a short subdivision to- gether wi:th written certificates, dedications and data. 3.) "Dedication" is the deliberate appropriation of land by an owner for any general and publ i,c uses,, r.eservi ng to hims.e.l f no other rights than such as are com- parible with the full exercise and enjoyment of the; public uses:.to which the property ha -s been devoted. The intention to dedicate sha1T be, e,vrdence by the oumer by the presentment for filing a short plat showitnq 'the dedication thereon; andI the acceptance .by the public shall be evidenced by, the approval of.s,u.ch plat in the manner provided fn this Ordinance: 4) "Easement" is a grant by a property owner- to specifisc persons or to the public to `rand for a ,specific p.urpose .or purposes. 5.) "Lot" is a fracti,ona.l part of subdivided lands having fixed boundaries being of sufficient area and dimension to meet mi.nimum .zoning requirements for width and area.. The term shall include tracts or parcels. 6) "Road'" is an improved and maintained public right-of-way which provides vehicular circulation or principal means <ofi access to abutting properties, and. which. may also include provisions for public ut'ili`ties, pedestrian walkways, public open space and recreation areas, cut and fill s1pops.; and drainage. T) " u°1.-de-s'ac" is a road cl`.osed` at one .end by a ci;rcu,l,ar area, of sufficient size for turni n,g veh'icTes around. 8 ) "Alley" is a strip of land dedicated to public use providing vehi cul ar and pedestrian access to the rear si°de.of properties which abut and are served by a public road,,.. 9) "Comprehensive Plan"is the current comprehensive plan for the City of Pasco, adopted 'by the C,ounc'i 1 pursuant to state T'Iaw. 10) ".Pl ann`i_ng Commi}sSI& -1--V is the City, of Pasco Planning, Comm,i;ssi on .. 11) "Council";is, the legislative authority of'the City of Pasco - 12) "Su'Wivider" is a person, including a corporate person, who undertakes to create a subd'ivi'sion,. Sect.fon 4.., 'Procedure- Admini;strator':s Duties. The City of Pasco Director of Community 'Deve`lopmen't,, referred too in this Ordinance as the, Administrator, is vested with the duty of'administ'ering the-provisi.ons of th4g, Ordinance a-nd with authority to,summar lyapprove or disapprove proposed short plats. The Administrator may prepare and require the use of such forms as he deems' essential to his duties. Section S. Procedure --Application. Any person desiring to divide land situated within an incorporated area of they City of Pasco into two,/thre'e or four Tots as regulated herein for the purpose of s�al.e steal l submit an appl i'cat +on for .short subdivision, approval to the Adminis.tra'tor together with 'an.application fee of twenty- five dol,l ars ($25.00) .Section 6. Procedure--Applicati'on Preparation 1) Applfcat;ion,s for approval of -short subdivision containing dedications shall ,be accompanied by a proposed short plat which includes pertinent survey data compiled as a ;result of 'a survey made by or under t'h'e supervision of a registered land _rs u,rwLeyo:r. 2) All other applications may be prepared by the applicant. Section 7. Procedure--Appl'ica;tion Content. Applications for approval of ;short subdivisions shall contain: 1), Two copies of a sketch, (at a scale' of 1. inch to 100 feet;) of the entire: cont i'guous t-ract owned by the applicant_ subdivider which. shall show: a)the owners. of adjacent land and the names of,any :adjacent subdivision b) lines marking the boundaries of proposed Tot's c) approximate locations of existing roads; cul-de-sacs, alleys and ways or easements for such roads, and ways within or adjacent to the tract; 2) The legal description of'the said tract,:and legal descriptions of all pro- posed lots,,;, 3) `The name: and address of the owner or .owners, of 'the said tract. .Section 8-.- Procedure--Adminis:trat. v:e Determinations.. The Administrator shall after conferring with appropriate officials,, determine whether: 1) The proposed lots conform to the comprehensive plan and zoning requirements; 2) The proposed lots are served with adequate means of access., fire protection; drainage, water supplies and means of sanitary sewage disposal; 3) The ,public use and interest will be served by permitting the proposed divi'si:ons of the land; 4) The survey be: requived;; Section`9'., Procedure- Approval and FJIJ`ng,. If the Administrator determines that the foregoing requirements are met, -he shall approve the appl tc'atio.n, and s'h'at l transmit an approved copy to the Assessor and Auditor. If the short subdi.v tsion' contains a dedication the Administrator shall file the short plat,. bearing hi;s certificate of approval, with the Auditor, to be on 18" by 24" paper, conforming ttoo Vies -!Me r�;Yta ,etqu�ayee e� tserei n'. Section'1'0,. Procedure Appeal to Board. Any person aggrieved by the decision of the Admi,nrsa'rator to approve or disap.provea proposed' short plat may a,pp.eal the decision to the City 'of Pasco wi thirty twenty (.20)- days fol 1 owi°ng i ss'uance of the deci!sion:. The City of Pasco,, following a public meeting thereon,. may affirm' or reverse the Admini_strator's decision, or may remand the application to the Administrator with instructions to approve the same upon compliance with conditions imposed by the Council. Secti_on_11 . Enforcement. No person shall transfer, sell , or offer for transfer or sale any land subject to the requirement,of short.plat approval until a short plat ha5 been approved and, when regpuired, filed., WK61n 'a,ny person. d vi°des or attempts to. d1vide land subject to the provisions of this Ord,Tn,ance without'hav,ing secured the;.Administrator's approval or, when required, prior to the filing of the short.plat, the Prosecuting Attorney, shall commence an action to enjoin further violations or attempted' violations and; to+compel compliance with thits Ordinance as required by Section 20, Chapter 271., Laws of 1969, First Ex. Sess. 5'ec:tion 12, Resubid'ivi,sion Procedure., ''Land wi!th,in a short su'bdi'visIon, approved. within five years immediately proceding, may nbt be further divided'unt'il a final plat of the subdivision has been approved and filed for record pursuant to the City of Pasco subdivision procedures. Section 13. This Ordinance shall be in full force and effect after its passage and pub1tcat: on as required .by law'. PASSED by .the .C:i ty Council and APPROVED as pr,ovid'ed by 'law, th.i s, 17 day of December 1974. n, A-.�?f :) 4-=-, DON D - LI T.ON, MAYOR ATTEST: LEO E. OLNEY, DIRECTOR OF FINAN- AND EX -OFFICIO CITY CLERK APPROVED AS TO FORM: