H-0812.1 _______________________________________________
HOUSE BILL 1449
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives R. Johnson, Wilson, Riley, Spanel, Haugen and Roland.
Read first time January 29, 1991. Referred to Committee on Local Government.
AN ACT Relating to property divisions; and amending RCW 58.17.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 58.17.040 and 1989 c 43 s 4-123 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)))
(4) 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)))
(5) 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)))
(6) Divisions of land into lots or tracts if: (a) The improvements
constructed or to be constructed thereon will 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; (b) a city, town, or county has approved a
binding site plan for all such land; and (c) the binding site plan contains
thereon the following statement: "All development of the land described
herein shall be in accordance with the binding site plan, as it may be
amended. 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."