S-2387               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5892

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Governmental Operations (originally sponsored by Senators Smitherman, Johnson and Bottiger)

Read first time 3/6/87.

AN ACT Relating to the subdivision of land; and amending RCW 58.17.040.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 121, Laws of 1983 and RCW 58.17.040 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 ((governing body of the)) city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations:  PROVIDED, That when a binding site plan authorizes a sale or other transfer of ownership of a lot, parcel, or tract, the binding site plan shall be filed for record in the county auditor's office on each lot, parcel, or tract created pursuant to the binding site plan:  PROVIDED FURTHER, That the binding site plan and all of its requirements shall be legally enforceable on the purchaser or other person acquiring ownership of the lot, parcel, or tract:  AND PROVIDED FURTHER, That sale or transfer of such a lot, parcel, or tract in violation of the binding site plan, or without obtaining binding site plan approval, shall be considered a violation of chapter 58.17 RCW and shall be restrained by injunctive action and be illegal as provided in chapter 58.17 RCW;

          (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 governing body of)) 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 adjusting boundary lines 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 which is made by subjecting a portion of a parcel or tract of land to chapter 64.32 RCW if a city, town, or county has approved a binding site plan for all of such land.