Chapter 16.02 GENERAL PROVISIONS

16.02.010 Title.

16.02.020 Purpose.

16.02.030 Applicability.

16.02.040 Regulations mandatory.

16.02.050 Administrative duty.

16.02.060 Fees.

16.02.070 Consent to access.

16.02.080 Enforcement.

16.02.010 Title.

This title shall be known as and may be cited as the “Kalama Subdivision Ordinance.” (Ord. 1211 § 2 (part), 2007).

16.02.020 Purpose.

The purpose of this code is to provide rules, regulations, requirements, and standards for development of land in the city, ensuring that the public health, safety, general welfare, and design standards of the city are promoted and protected; that planned growth, development, and the conservation, protection and proper use of land are ensured; that proper provisions for all public facilities including circulation, utilities, open space, parks, and services comply with adopted regulations and standards; and that the goals and policies of the city of Kalama comprehensive plan is furthered through the development of land. (Ord. 1211 § 2 (part), 2007).

16.02.030 Applicability.

Every division or redivision of land shall comply with the provisions of Chapter 58.17, Revised Code of Washington, this title and all future amendments or applicable federal, state or local laws. After final plat or short plat approval, any subsequent division of platted or short platted lots, parcels, tracts, sites or divisions, shall be allowed only if the procedures of this title are followed, and these requirements shall be applicable to all plats approved prior to the effective date of this title. Where this code imposes greater restrictions or higher standards upon the development of land than other laws, ordinances, manuals or restrictive covenants, the provisions of this code shall prevail.
A. The regulations in this title shall not apply to:
1. Cemeteries and other burial plots, while used for that purpose;
2. Division of land made by testamentary provisions and/or the laws of descent;
3. 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 nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site. Requests for adjustments of lot lines between properties (boundary line adjustments) shall be processed in the manner prescribed for boundary line adjustments under this title. (Ord. 1211 § 2 (part), 2007).

16.02.040 Regulations mandatory.

No person shall sell, lease or transfer the ownership of or offer for sale, lease or transfer of ownership any real property that is subject to this chapter without full compliance with this chapter. Any plat, replat, plan or map hereafter made of any subdivision or part thereof lying within the Kalama city limits shall be presented for approval, reviewed and if approved, recorded as prescribed by this chapter. No subdivision plat, short subdivision (short plat), replat, plan, or map hereafter made shall have any validity until it shall have the approval of the Kalama city council or administrator and otherwise be found by the city to comply with this title. (Ord. 1211 § 2 (part), 2007).

16.02.050 Administrative duty.

Unless otherwise specified, the public works director (“director”), their designee, and/or the city planner are responsible for administering this title and may prepare and require the use of such additional forms and requirements which are necessary to effectuate the provisions thereof. (Ord. 1211 § 2 (part), 2007).

16.02.060 Fees.

A. Application and review fees related to short plats, preliminary subdivision, final subdivision and planned unit development applications and all other applicable activities shall be as established by resolution of city council.
B. Actual costs shall include, but are not limited to, engineering fees, geological fees and traffic consultant fees actually incurred by the city, plus the hourly fee of the city planner which shall be equal to the number of hours expended on review of the subdivision multiplied at the rate as charged to the city.
C. The initial fee and per lot fee shall be payable at the time preliminary application is made. Final costs shall be payable prior to recording of plat. (Ord. 1211 § 2 (part), 2007).

16.02.070 Consent to access.

The land dividers shall permit free access to the land being divided to all agencies considering the plat for the period of time extending from the time of application to the time of final action, including final plat approval. (Ord. 1211 § 2 (part), 2007).

16.02.080 Enforcement.

A. No building permit, septic tank permit, or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or this title, unless the city finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice.
B. Violations of this title shall be enforced as set forth in Title 17 KMC, unless otherwise noted in this title. The city shall have such injunctive powers as provided by the law for enforcement of this chapter.
C. The director, or their designee, may revoke all building permits or parcels divided, transferred or leased which do not comply with this title. The county treasurer shall refuse to accept any property tax payment for any parcel of real property that has not been approved by the administrator pursuant to this title. (Ord. 1211 § 2 (part), 2007).