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As used in this title, unless the context or subject matter clearly requires otherwise, the following words or phrases shall have the following meanings:

“Alteration” means the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in modifications to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications, that are shown on the recorded plat, except as otherwise allowed by law.

Binding Site Plan. A “binding site plan” is an alternative method for subdividing land where the property interests created continue to collectively function as one site with regard to elements such as access, circulation, open space, landscaping, drainage, maintenance, or parking. A binding site plan is used primarily in conjunction with commercial and industrial developments and the establishment of residential condominium projects. A binding site plan includes a drawing to a scale as specified by the Community and Economic Development Department. The site plan shall:

1. Identify and show the area and location of all streets, improvements, utilities, open space;

2. Contain inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the City Hearing Examiner or other appropriate City Department or government body having authority to approve the site plan;

3. Contain provisions requiring that all development occurring within the proposal’s boundaries be in conformity with the site plan;

4. Delineate proposed lots or units intended to be created as discrete ownership interests subject to sale or transfer. If appropriate, such delineation shall be subject to the provisions of Chapter 64.34 RCW (the Condominium Act).

“Block” means a group of lots, tracts or parcels within well defined and fixed boundaries, often surrounded by roadways.

“City Engineer” shall be the person appointed by the City Manager as the City Engineering Manager.

“Council” means the City Council.

“County Assessor-Treasurer” shall be as defined in the Pierce County Charter.

“County Auditor” shall be as defined in the Pierce County Charter.

“Dedication” means the deliberate appropriation of land by an owner for any general or public uses, reserving no other rights than those compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Dedications may be accomplished by showing the dedication on a final plat, short plat or binding site plan presented to the City for final approval and recordation. Dedications may also be accomplished via transfer by separate deed. Unless otherwise specifically indicated, title to the dedicated land shall vest in the appropriate governmental unit.

“Developer” shall mean the person, party, firm or corporation who applies for approval of a subdivision, short plat or binding site plan.

“Examiner” means the land use Hearing Examiner who is herein authorized to approve subdivisions, and hear appeals on short subdivisions and binding site plans.

“Final plat” means the final drawing of the subdivision and dedication drawn to a scale not smaller than one inch equals 100 feet unless approval of another scale is given by the Community Development Director, on standard 18-inch-by-24-inch sheet size, prepared for filing for record with the County Auditor and containing all elements and requirements set forth in state law and in this title.

“Geological hazard” means any hazard caused by natural or artificial causes which may damage persons or property and which would include but not be limited to slides, slippage or instability of earth, rock and soil. Geological hazards are generally addressed in the City’s critical areas and resource lands regulations (LMC Title 14).

“Improvement” shall mean any thing or structure constructed for the benefit of all or some residents of the subdivision or the general public such as but not limited to streets, alleys, storm drainage systems and ditches, sanitary sewer pipes or main lines, water lines, services, and mains, and storm drainage containment facilities.

“Legal lot of record” means a legally created lot. A person may establish that a lot has been legally created, by providing one of the following:

1. A copy of a recorded formal plat, short plat, binding site plan, or subdivision approved by Pierce County or the City of Lakewood pursuant to Chapter 58.16 or 58.17 RCW separately describing the lot.

2. A copy of the recorded boundary line adjustment or lot combination approved by Pierce County or the City of Lakewood separately describing the lot.

3. Documentation that the creation of the lot was exempt from the provisions of the Pierce County or City of Lakewood subdivision regulations.

4. A recorded deed, contract of sale, mortgage, survey, or tax segregation executed prior to August 13, 1974, that separately describes the lot.

The most recent recorded action or instrument establishing the boundary of a lot shall control. Any point within the interior of a lot shall be considered to be within one, and only one, legal lot of record.

“Lot” means a recognized unit of property with a written or platted legal description that addresses permissions or constraints upon its development. A “legal lot of record” is a lot that has been legally created as demonstrated by compliance with Chapter 18A.60 LMC. Alternatively, a legal lot of record may be established through the certificate of land division compliance provisions of this title (LMC 17.04.030). A “parcel” is an identification of land for taxation purposes. A parcel may or may not be a legal lot of record.

“Model home,” for the purpose of this code, shall be defined as a dwelling in accordance with the City Zoning Code.

“Original tract” means a unit of land which the applicant holds under single or unified ownership, or in which the applicant holds controlling ownership and the configuration of which may be determined by the fact that all land abutting said tract is separately owned by others, not including the applicant or applicants; provided, that where a husband and wife own contiguous lots in separate or community ownership, said contiguous lots shall constitute the original tract.

“Planning Agency” means the City Community and Economic Development Department together with the Planning Commission.

“Planning Commission” means that body as defined in Chapter 35A.63 RCW as designated by the Council in Chapter 2.90 LMC to perform a planning function.

“Plat” means 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.

“Preliminary plat” means a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks and restrictive covenants to be applicable to the subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision.

“Reserved street area” means a defined area of land within the short plat or subdivision which is required by the City Engineering Manager to be reserved for a future street, and said area shall be dedicated to the City at the time of approval, but the street need not be constructed by the applicant or developer until such time as stated in the ordinance. Setbacks shall be established as if the reserved street area were dedicated.

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

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

“Subdivision” means any division or redivision of land into 10 or more lots, tracts, parcels, sites or division for the purpose of sale, lease, or transfer of ownership except as provided in the definition of “legal lot of record” in this section. [Ord. 726 § 2(Exh. A), 2019; Ord. 591 § 6, 2015; Ord. 500 § 3, 2009; Ord. 60 § 1, 1996.]