“Alteration” means any alteration of a recorded subdivision or short subdivision or portion thereof, except as provided in RCW 58.19.17.040(6) and EMC Title 15, Local Project Review Procedures, that would alter, redesign or eliminate a public street, easement access drive, common ownership area(s), greenbelt(s), environmentally sensitive area(s), open space tract(s), and restrictive covenant(s) required by the city to be shown on the face of the final plat or short plat map.

“Applications, multiple” means more than one application for a division of land submitted on the same property, contiguous property or on property that is currently being reviewed or has been granted preliminary approval by the city.

“Binding site plan” means the division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership with a site plan, as authorized by RCW 58.17.035.

“Binding site plan map” means a final drawing to scale which identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters required by the city to be identified, and which contains:

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

“Boundary line adjustment” means an adjustment of lot lines represented by platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site or division of land, nor create any lot, tract, parcel, site, or division of land which contains insufficient area and dimension to meet minimum requirements specified by this title for lots, tracts, parcels, sites or division of land.

“Boundary line adjustment map” means a drawing to scale showing all the required information as specified by Chapters 19.24 through 19.27 EMC and this title for boundary line adjustments.

“Boundary lines” means lot lines that separate and establish an area with fixed limits for lots, tracts, parcels, or sites.

“Certificate” means a report by a title insurance company certifying that the title of lands as described and shown on the map for the proposed division of land is in the name of the owners signing the declaration of ownership and final division map.

“City standards” means the city of Everett public works department design and construction standards and specifications.

“Common ownership” means an ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, entity, or unincorporated association.

“Condominium” means real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a declaration, a survey map and plans have been recorded pursuant to Chapter 64.32 RCW, the Horizontal Property Regimes Act, and Chapter 64.34 RCW, the Condominium Act.

Contiguous Property or Land. A lot, tract, parcel or site shall be considered contiguous when at least one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another lot, tract, parcel or site, either along a common line or at any point.

Contiguous Property Owner(s). An owner of a lot, tract, parcel or site shall be considered contiguous when at least one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another lot, tract, parcel or site in a proposed application for a division of land. If the proponent of the application for a division of land has lots, tracts, parcels or sites under common ownership that are contiguous to the proposed application, he/she shall not be considered to be a contiguous property owner.

“Dedication” means the deliberate appropriation of land by its 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.

“Dedicatory statement” means a statement or representation on the final division map of those conditions and restrictions required to appear on the face of the final division map as a condition of approval.

“Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise exempted by Chapters 19.24 through 19.27 EMC and this title which alters or affects the shape, size or legal description of any part of the owner’s land.

“Encroachment” means any physical appurtenance including, but not limited to, buildings, walls, roof overhangs, fences and hedges that has been established across a lot line of record. Within the context of a land division action or boundary line adjustment, such a physical appurtenance shall be considered an encroachment if any portion of the structure is located on a lot that is not subject to the land division or boundary line adjustment action. The term “gap” shall be distinguished from an encroachment.

“Final approval” means the final official action taken by the city on a proposed division of land where all the conditions of preliminary approval have been met.

“Final binding site plan map” means the final permanent reproducible binding site plan map prepared for filing for record with the county auditor, which meets all the standards as specified in Chapters 19.24 through 19.27 EMC and this title.

“Final plat map” means the final permanent reproducible drawing of a prepared subdivision and dedication required for filing for record with the county auditor.

“Final short plat map” means the final permanent reproducible drawing of a short subdivision prepared for filing for record with the county auditor.

“Final unit lot short subdivision” means the final permanent reproducible drawing of a prepared unit lot short subdivision and dedication required for filing for record with the county auditor.

“Final unit lot subdivision” means the final permanent reproducible drawing of a prepared unit lot subdivision and dedication required for filing for record with the county auditor.

“Gap” means the area between a lot line of record and a physical appurtenance creating an apparent property line which is beyond the lot line of record of the property subject to a land division or boundary line adjustment action.

“Improvement” means any structure or work constructed including, but not limited to, roads, storm drainage systems, sanitary sewage facilities, water mains, parks, and pedestrian and landscaping improvements.

“Open record public hearing” means an open public hearing as defined by EMC Title 15, Local Project Review Procedures.

“Panhandle lot” means a lot where access is provided to the bulk of the lot by means of a narrow strip of land which functions primarily to provide access and/or utilities to the lot and which has insufficient remaining width to permit a dwelling unit.

“Parent lot” means a lot proposed for, or which has been, further divided into additional lots, tracts or parcels.

“Person,” for the purpose of Chapters 19.24 through 19.27 EMC and this title, shall include, but not be limited to, the following: individuals, corporations, associations and partnerships.

“Phasing plan” means a plan approved by the city for incremental installation of public and private improvements.

“Preliminary approval” means an official action on a proposed division of land that refers to placement of specific conditions which must be complied with before final approval may be granted.

“Preliminary plat, short plat and binding site plan” means a neat and approximate drawing of a proposed division of land showing the general layout of streets, lots, blocks, existing and proposed easements, and other elements consistent with the requirements of Chapters 19.24 through 19.27 EMC and this title.

“Private access drive” means a road in private ownership utilized principally for providing access to lots, tracts, parcels or sites from an improved public right-of-way.

“Private access drive lot” means any lot whose principal means of access is from an easement access drive.

“Redivision” means the division of land in an approved subdivision, short subdivision, or binding site plan.

“Request for final approval” means a request made by the applicant for final approval of a division of land, when the applicant has completed all the requirements of preliminary approval.

“Restrictive covenant” means a restriction or control imposed on the use of land other than by a condition or easement. A restrictive covenant runs with the land and may be placed on the face of the final division map or filed separately at recording of the final division maps.

“Short subdivision” means 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.

“Subdivision” means the 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.

“Suitable guarantee” means an acceptable guarantee to the city to insure performance and/or warranty of improvements.

“Survey” means a survey of the proposed division of land or boundary line adjustment along with the preparation of the required maps done by or under the supervision of a registered land surveyor in the state of Washington. The division of land or boundary line adjustment map that is to be prepared shall be a true and correct representation of lands actually surveyed in accordance with RCW 58.17.250, Chapters 19.24 through 19.27 EMC and this title.

“Topography” means an actual field topography survey showing on a map the relative positions and elevations of the land done by or under the supervision of a registered land surveyor in the state of Washington. All topography surveys must be done per city of Everett datum and must show the location of bench marks used.

“Unit lot short subdivision” means the division or redivision of land authorized by Chapter 19.27 EMC into nine or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Unit lot subdivision” means the division or redivision of land authorized by Chapter 19.27 EMC into ten or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.

“Vacation” means any eradication of lot lines or elimination of any area designated or dedicated for public use within a recorded subdivision or short subdivision or portion thereof, except as provided for in the city’s boundary line adjustment ordinance and in accordance with the city street vacation ordinance and Chapters 35.79 and 36.87 RCW. (Ord. 3774-20 § 5(L) (Exh. 3), 2020.)