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CHAPTER 17.04 GENERAL PROVISIONS SECTION: 17.04.005: Purpose 17.04.010: Exemptions 17.04.020: Definitions 17.04.030: Phasing 17.04.900: Violation of Use 17.04.910: Violations and Penalties 17.04.920: Administration 17.04.930: Adoption by Reference 17.04.940: Advance Notice to Amend 17.04.950: Vesting 17.04.960: Fees 17.04.005: Purpose: The purpose of this Title is to regulate the division of land and to promote the public health, safety, and general welfare, in accordance with standards established by the State of Washington and the City, to: Prevent the overcrowding of land; Lessen congestion in the streets and highways; Promote effective use of land; Promote safe and convenient travel by the public on streets and highways. Provide for adequate light and air; Facilitate adequate provision for water, sewage, parks and recreation areas, sites for schools and school grounds, and other public requirements; Provide for ingress and egress; Provide for the expeditious review and approval of proposed divisions which conform to zoning standards and local plans and policies; Adequately provide for the housing and commercial needs of the citizens of the state; and (10) Require uniform monumenting of land divisions and conveyancing by accurate legal description. (Ord. 5280 Sec. 1, 2010) 17.04.010: Exemptions: The provisions of this Title do not apply to: Any divisions of land not containing a dedication and in which the smallest lot created by the division exceeds twenty acres in area. A lot which borders on a street includes the area to the centerline of the street, but the minimum buildable lot area must not be less than that required by the zoning district in which located, excluding necessary street right-of-way; Cemeteries and other burial plots; Divisions made by testament or the laws of descent; Any division of property made by recorded survey or contract sale prior to the effective date of this Chapter; Any division of property made solely for the purpose of mortgage, provided a letter stating this purpose, signed by the owner or his designated representative, and 17.04 - 1 ---PAGE BREAK--- acknowledged by the City, accompanies the deed submitted to the Benton County Treasurer’s Office, but if any parcel is later separately offered for sale or lease, a subdivision is required; A division for the purpose of lease when no residential structures other than mobile homes or travel trailers are permitted to be placed upon the land and when the City has approved a binding site plan; The division of land into lots or tracts zoned industrial, commercial or other non-residential zoning designation, when the City has approved a binding site plan in conformance with KMC 17.12; A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose; and A division of land into lots or tracts of less than three acres with a record survey and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. This does not exempt a division of land from the City’s zoning, permitting laws, or any other applicable regulations. (Ord. 5536 Sec. 1, 2014: Ord. 5415 Sec. 2, 2012) 17.04.020: Definitions: As used in this Title, unless the context or subject matter clearly requires otherwise, the following words or phrases have the meanings ascribed to them in this Chapter. Binding Site Plan: “Binding Site Plan” means a drawing to a scale of a division of land into lots or tracts classified for industrial or commercial use or as otherwise provided in RCW 58.17.035 and RCW 58.17.040 for the purpose of sale, transfer or lease; Block: “Block” is a group of lots, tracts, or parcels within well-defined and fixed boundaries; City Council: “City Council” is the City Council for the City; Comprehensive Parks and Recreation Plan: “Comprehensive Parks and Recreation Plan” is the adopted Comprehensive Parks and Recreation Plan of the City; County Auditor: “County Auditor” is the County Auditor for Benton County; County Treasurer: “County Treasurer” is the County Treasurer for Benton County; Dedication: “Dedication” is the appropriation of land by an owner for 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; Division: “Division” refers to any division of land, including subdivision, short subdivision or binding site plan; Easement: “Easement” means a covenant (binding agreement) which grants or restricts a specific right of use; (10) Final Plat: “Final Plat” is the final drawing of a subdivision and dedication, prepared for filing for record with the County Auditor, and containing all the elements required by this Title; (11) Frontage Road (Parallel Access Road): “Frontage Road” is a public or private drive that generally parallels a public street between the right-of-way and the front building setback line. The frontage road provides access to private properties while separating them from the arterial street by a green median. Typically, the parallel access road would run between streets or arterials, although it may have intermediate access points; (12) Hearing Examiner: “Hearing Examiner” means the Hearing Examiner of the City of Kennewick; 17.04 - 2 ---PAGE BREAK--- (13) Homeowner’s Association: “Homeowner’s Association” is an incorporated entity for the pursuit of a common enterprise within a division, whose charter, and bylaws, have been reviewed by the City; (14) Lot and Lot Area: “Lot” is a fractional part of a division of land having fixed boundaries. The term is synonymous with “tracts” and “parcels.” “Lot Area” is the total area of a lot contained within the lot boundary lines, excluding any deeded or dedicated right-of-way; (15) Personal Wireless Services and Facilities: “Personal Wireless Services” means any federally licensed personal wireless service. “Facilities” means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; (16) Planning Commission: “Planning Commission” is the Planning Commission for the City; (17) Planning Director: “Planning Director” means the appointed Director of Kennewick’s planning staff, or his or her authorized representative, with review, decision-making and other regulatory authority as specified by provisions of the Kennewick Municipal Code, including other such responsibilities and authorities, as specified by an appropriate representative of the City; (18) Plat: “Plat” is a map or representation of a subdivision, showing the division of land into lots, blocks, streets and alleys, or other divisions or dedications and includes subdivisions, short subdivisions and binding site plans; (19) Plat Administrator: “Plat Administrator” means the Planning Director or his or her designee(s), responsible for the review and signing of all plats, short plats and binding site plans; (20) Preliminary Plat: “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 this Chapter. The preliminary plat is the basis for the approval or disapproval of the general layout of a subdivision; (21) Protective or Restrictive Covenants: “Protective or Restrictive Covenants” are a declaration by the owner which binds the land for the completeness, security, and continuance of the declared purposes, which has been reviewed by the City; (22) Short Plat: “Short Plat” is the map or representation of a short subdivision; (23) Short Subdivision: “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; (24) Subdivider: “Subdivider” is any person, firm or corporation undertaking the subdividing or re-subdividing of any parcel of land; and (25) Subdivision: “Subdivision” is a 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. (Ord. 5415 Sec. 1, 2012: Ord. 5322 Sec. 38, 2010: Ord. 5280 Sec. 1, 2010) 17.04.030: Phasing: Any subdivision or binding site plan may be developed in phases or increments. Phasing of short subdivisions is not permitted. A master phasing plan shall be submitted with the preliminary subdivision or binding site plan application for approval by the Planning Department. The phasing plan may be approved by the Plat Administrator provided: The phasing plan includes all land identified within the legal notice; and The sequence of phased development is identified by a map; and 17.04 - 3 ---PAGE BREAK--- Each phase has reasonable public and/or private infrastructure to support the number of dwelling units or proposed commercial or industrial development contained in that phase; and Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision or binding site plan; and provided, that any non-finalized portion meets the minimum lot size of the underlying zone for the proposed use; and The City Engineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. (Ord. 5415 Sec. 3, 2012) 17.04.900: Violation of Use: Whenever land within a division granted final approval is used in a manner or for a purpose which violates any provision of this Title, or any term or condition of a plat approved by the City, the City Attorney may commence an action to restrain and enjoin such use, and compel compliance with the provisions of this Title, RCW Chapter 58.17, or with any terms or conditions of the approved plat. The costs of such action may be taxed against the violator. (Ord. 5280 Sec. 1, 2010) 17.04.910: Violations and Penalties: Any person, firm, corporation, or association or any agent of any person, firm, corporation, or association who violates any provision of this Chapter or any local regulations adopted pursuant thereto relating to the sale, offer for sale, lease, or transfer of any lot, tract or parcel of land, shall be guilty of a gross misdemeanor. Each sale, offer for sale, lease or transfer of each separate lot, tract, or parcel of land in violation of any provision of this Chapter or any local regulation adopted pursuant thereto, shall be deemed a separate and distinct offense. (Ord. 5280 Sec. 1, 2010) 17.04.920: Administration: Review of any final decision under this Title is, unless otherwise provided, the same as review under Title 18. (Ord. 5280 Sec. 1, 2010) 17.04.930: Adoption by Reference: The following sections from RCW Chapters 58.17, are adopted by reference: 58.17.050, Assessors plat - Compliance; 58.17.210, Building, septic tank or other development permits not to be issued for and divided in violation of chapter or regulation - Exceptions - Damages - Rescission by purchaser; 58.17.220, Violation of court order or injunction - Penalty; 58.17.230, Assurance of discontinuance of violations; 58.17.290, Copy of plat as evidence; 58.17.310, Approval of plat within irrigation district without provision for irrigation water right-of-way prohibited; 58.17.255, Discrepancy of Survey; and 58.17.900, Validation of existing ordinances and resolutions. (Ord. 5280 Sec. 1, 2010) 17.04.940: Advance Notice to Amend: Amendments to Title 17 may be made by the City Council after considering a recommendation of the Planning Commission at a public hearing. The Planning Commission must hold a pre-decision meeting with notice thereof published in 17.04 - 4 ---PAGE BREAK--- a local newspaper of general circulation, not less than 15 days prior to the hearing. Notice will also be submitted to individuals and organizations who have requested the same. Reasonable fees may be charged to defray the costs of providing notice. (Ord. 5415 Sec. 4, 2012: Ord. 5280 Sec. 1, 2010) 17.04.950: Vesting: A proposed division of land is in effect under this Title and Title 18 when a completed application for preliminary plat, short plat, or binding site plan has been submitted; The criteria for a completed application for a subdivision are listed in KMC 17.10.030, for a short subdivision in KMC 17.13.040 and KMC 17.13.050, and for a binding site plan in KMC 17.12.030; The limitations imposed by this section do not limit or affect conditions imposed under Chapter 43.21C RCW and KMC 4.08. (Ord. 5415 Sec. 5, 2012: Ord. 5280 Sec. 1, 2010) 17.04.960: Fees: At the time of the filing of an application, the applicant must pay the application fee as determined by the City Council. The applicant must pay for recording of the approved plat. (Ord. 5280 Sec. 1, 2010) 17.04 - 5