5816 AAS 3/17/99 S2285

5816 AAS 3/17/99 S2285.2

SB 5816 - S AMD - 279

By Senator Spanel

ADOPTED 3/17/99

On page 3, after line 21, insert the following:

"(16) "Conservation parcel" means a parcel or lot of any size and configuration created specifically to conserve, preserve, or protect land in its undeveloped state or to restore the value and benefits of developed land to its undeveloped state. Lands which may be included within a conservation parcel include critical areas as defined in RCW 36.70A.030(5), open space areas, riparian areas, forest lands, agricultural lands, or other lands identified by counties or cities pursuant to section 3 of this act as eligible for inclusion in a conservation parcel.

Sec. 2. RCW 58.17.040 and 1992 c 220 s 27 are each amended to read as follows:

The provisions of this chapter shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(6) 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; ((~~and~~))

(7) A division made for the purpose of creating a conservation parcel according to the requirements of section 3 of this act; and

(8) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (7)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan.

NEW SECTION. Sec. 3. A new section is added to chapter 58.17 RCW to read as follows:

A county, city, or town may adopt by ordinance procedures for the creation of conservation parcels as an exemption to the procedures required by this chapter. The ordinance must:

(1) Identify the types of land which may qualify for designation as conservation parcels, including all lands specified in RCW 58.17.020(3) and any other lands the county, city, or town determines to have environmental, ecological, habitat, or natural resource value and to need conservation, preservation, restoration, or protection;

(2) Prohibit any residential, commercial, industrial, or active agricultural or forestry uses on conservation parcels;

(3) Require that any existing residential, commercial, industrial, or active agricultural or forestry uses be abated and mitigated;

(4) To the maximum extent practicable, require that any existing residential, commercial, industrial, or other developments or improvements be removed and that the land be restored prior to approval of the conservation parcel;

(5) Limit noncommercial recreation and open space uses on conservation parcels to those activities which will not alter the character of the land or impact the environmental, ecological, habitat, or natural resource value of the land; and

(6) Require that title to a conservation parcel be:

(a) Held by a public agency for conservation, preservation, restoration, or protection purposes;

(b) Held by a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250 for conservation, preservation, restoration, or protection purposes; or

(c) Encumbered by a perpetual conservation easement in favor of either a public agency or a nonprofit nature conservancy corporation or association as defined in RCW 84.34.250."

SB 5816 - S AMD - 279

By Senator Spanel

ADOPTED 3/17/99

On page 1, line 3 of the title, after "area;" strike "and" and after "RCW 58.17.020" insert "and 58.17.040; and adding a new section to chapter 58.17 RCW"